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boat building at Laird's for the southern confederacy was a subject of frequent conversation among the officers while she (the Julia Usher) was out. That she was all the time spoken of as a confederate vessel; that Captain Bullock was to command her; that the money for her was advanced by Fraser, Trenholm & Co.; that she was not to make any attempt to run the blockade, but would go at once as a privateer; that she was to mount eleven guns; and that if the Julia Usher was not going, the six men from the Sumter, who were on board the Julia Usher, were to join the gun-boat. This youth, being a native of New Orleans, was extremely anxious to get taken on [186] *board the gun-boat, and wished the persons he made the communication to to assist him, and see Captain Bullock on his behalf. He has, I understand, been removed to a school in London. With reference to his statement, I may observe, that Captain Hammer, referred to, is a South Carolinian, has been many years in Fraser, Treuholm & Co.'s employ, is greatly trusted by them, and is also intimate with Captain Bullock, so that he would be likely to be well informed on the subject; and as he had no notion at that time of returning to Liverpool, he would have no hesitation in speaking of the matter to his officers, and the persons from the Sumter. I may also state that Captain Bullock referred to is in Liverpool; that he is an officer of the confederate navy; that he was sent over here for the express purpose of fitting out privateers, and sending over munitions of war; that he transacts his business at the office of Fraser, Trenholm & Co.; that he has been all the time in communication with Fawcett, Preston & Co., who fitted out the Oreto, and with Lairds, who are fitting out this vessel; that he goes almost daily on board the gun-boat, and seems to be recognized as in authority.

A Mr. Blair, of Paradise street, in this town, who furnished the cabins of the Laird gun-boat, has also stated that all the fittings and furniture were selected by Captain Bullock, and were subject to his approval, although paid for by Mr. Laird.

The information on which I have formed an undoubting conviction that this vessel is being fitted out for the so-called confederate government, and is intended to cruise against the commerce of the United States, has come to me from a variety of sources, and I have detailed it to you as far as practicable. I have given you the names of persons making the statements, but as the information in most cases is given to me by persons out of friendly feeling to the United States, and in strict confidence, I cannot state the names of my informants, but what I have stated is of such a character that little inquiry will confirm its truth.

Everything about the vessel shows her to be a war-vessel; she has well constructed magazines; she has a number of canisters of a peculiar and expensive construction for containing powder; she has platforms already screwed to her decks for the reception of swivel-guns. Indeed, the fact that she is a war-vessel is not denied by Messrs. Laird, but they say she is for the Spanish government. This they stated on the 3d of April last, when General Burgoyne visited their yard, and was shown over it, and the various vessels being built there by Messrs. John Laird, jr., and Henry H. Laird, as was fully reported in the papers at the time.

Seeing the statement, and having been already informed from so many respectable sources, that she was for the so-called confederate government, I at once wrote to the minister in London, to ascertain from the Spanish embassy whether the statement was true. The reply was a positive assurance that she was not for the Spanish government. I am therefore authorized in saying that what was stated on that occasion, as well as statements since made that she is for the Spanish government, is untrue. I am satisfied beyond a doubt that she is for a Confederate war-vessel.

If you desire any personal explanation or information, I shall be happy to attend you whenever you may request it.

I am, &c.,
(Signed)

THOMAS H. DUDLEY.

[Inclosure 3 in No. 9.]

The collector of customs, Liverpool, to the United States consul.

LIVERPOOL, July 10, 1862. SIR: I beg to acknowledge the receipt of your communication of yesterday's date, (received this morning,) and to acquaint you that I shall immediately formed by Collector submit the same for the consideration and direction of the board of siders the statement customs, under whom I have the honor to serve.

Consul Dudley inEdwards that he con

I may observe, how

could not be acted ever, that I am respectfully of opinion the statement made by you is not upon unless legally such as could be acted upon by the officers of this revenue, unless legally

substantiated by evideuce.

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substantiated by evidence.

I have, &c.,
(Signed)

S. PRICE EDWARDS.

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Collector Edwards

commissioners

that

informed by customs there is not sufficient justify the seizure of

The commissioners of customs to the collector at Liverpool. CUSTOM-HOUSE, London, July 15, 1862. SIR: Having considered your report of the 10th instant, inclosing a communication which you had received from Mr. T. H. Dudley, American consul at Liverpool, apprising you of certain circumstances relative to a vessel which he states is now being fitted out by Messrs. Laird at Birkenhead, as a gun-boat for the so-called confederate government of the Southern States of America, and intended to be used as a privateer against the United States, and having communicated with our solicitor on the subject, we acquaint you that there does not appear to be prima facie proof suffiicent in the statement of the consul to justify the seizure of the vessel, and you are to apprise the consul accordingly.

prima facie proof to

the vessel.

We transmit, for your information, a copy of the report of our solicitor on the matter, dated the 11th instant. (Signed)

FREDERICK GOULBURN.
R. W. GREY.

No. 11.

Mr. Gardner to Mr. Hamilton.

CUSTOM-HOUSE, July 17, 1862.

with Collector Ed

wards, and report of customs solicitor, communicated by

customs commission

ers to the treasury.

SIR: Referring to the report of this board to the lords commissioners of Her Majesty's treasury, dated the 1st instant, upon a Correspondence letter forwarded to them by their lordships, from Mr. Hammond, under-secretary of state for foreign affairs, inclosing copy of a letter from the United States minister at this court, calling attention to a war-steamer reported to be fitting out at Liverpool for the so-called confederate government of the Southern States of America, as a privateer against the United States, in which report the board informed their lordships of the result of the inquiry which they had made into the matter, and stated that any further information which might be obtained concerning her would be forthwith reported, I am desired to transmit herewith, for the information of their lordships, copy of a letter from the American consul at Liverpool to the collector of customs at that port, relative to the vessel in question, together with copy of a report of the solicitor of this department thereon; and to acquaint you that the board have informed their collector at Liverpool that they do not consider there is prima facie proof sufficient in the consul's statement to justify the seizure of that vessel, and have instructed him to apprise the consul accordingly. I am, &c., (Signed)

F. G. GARDNER.

[Inclosure in No. 11.]

Report from the solicitor to the customs.

There is only one proper way of looking at this question. If the collector of customs were to detain the vessel in question, he would, no doubt, have to main

Second report of

tain the seizure by legal evidence in a court of law, and to pay damages customs solicitor. and costs in case of failure. Upon carefully reading the statement I

find the greater part, if not all, is hearsay and inadmissible, and as to a part the wit

2. In the month of March last I saw the screw-steamer Annie Childs, which had run the blockade from Charleston, enter the river Mersey. She came up the Mersey with the confederate flag flying at her peak; and I saw the Oreto, a new gun-boat

which had been recently built by Messrs. W. C. Miller & Sons, and which was [190] then *lying at anchor in the river off Egremont, dip her colors three times in acknowledgment of the Annie Childs, which vessel returned the compliment, and a boat was immediately afterwards dispatched from the Annie Childs to the Oreto, with several persons on board, besides the men who were at the oars.

3. On the 22d day of March last I was on the north landing-stage between 7 and 8 o'clock in the morning; I saw the said Captain Bullock go on board a tender, which afterwards took him off to the said gun-boat Oreto, which was then lying in the Sloyne. Just before he got on board the tender he shook hands with a gentleman who was with him, and said to him, "This day six weeks you will get a letter from me from Charleston," or words to that effect.

4. On the same day, between 11 and 12 o'clock, as well as I can remember, I saw the Oreto go to sea. She came well in on the Liverpool side of the river, and from the Princess pier-head, where I was standing, I distinctly saw the said Captain Bullock on board her, with a person who had been previously pointed out to me by a fireman who came to Liverpool in the Annie Childs as a Charleston pilot, who had come over in the Annie Childs with Captain Bullock to take the gun-boat out.

(Signed)

JOHN DE COSTA.

Sworn before me, at the custom-house, Liverpool, this 21st day of July, 1862.
(Signed)
S. PRICE EDWARDS,

Collector.

I, Allan Stanley Clare, of Liverpool, in the county of Lancaster, articled clerk, make oath and say as follows:

Affidavit of Allan S. Clare.

1. On the 21st day of July now instant I examined the book at the Birkenhead dockmaster's office, at Birkenhead, containing a list of all vessels which enter the Birkenhead docks, and I found in such book an entry of a vessel described as No. 290, and from the entries in the said book, in reference to such vessel, it appears that she is a screw-steamer, and that her registered tonnage is 500 tons, and that Matthew J. Butcher is her master.

(Signed)

ALLEN S. CLARE.

Sworn before me, at the custom-house, Liverpool, this 21st day of July, 1862.
(Signed)
S. PRICE EDWARDS,

Collector.

We, Henry Wilding, of Liverpool, in the county of Lancaster, gentleman, and Matthew Maguire, of Liverpool, aforesaid, agent, make oath, and say as Affidavits of Henry folows: Wilding and Matthew Maguire,

1. I, the said Matthew Maguire, for myself, say that on the 15th day of July now instant I took Richard Bragan, whom I know to be an apprentice working in the ship-building yard of Messrs. Laird & Co., at Birkenhead, to the above-named deponent, Henry Wilding, at his residence at New Brighton. 2. And I, the said Henry Wilding, for myself, say as follows: I am the vice-consul of the United States of North America, at Liverpool.

3. On the 15th day of July now instant I saw the said Richard Brogan and examined him in reference to a gun-boat which I had heard was being built by the said Messrs. Laird & Co. for the so-called confederate government, and the said Richard Brogan then informed me that the said vessel was built to carry four guns on cach side and four swivel guns; that Captain Bullock had at one time, when the vessel was in progress, come to the yard almost every day to select the timber to be used for the vessel. That the said Captain Bullock was to be the captain of the said vessel; and that the said Captain Bullock had asked the said Richard Brogan to go as carpenter's mate in the said vessel for three years, which the said Richard Brogan had declined to do, because Mr. Laird, who was present at the time, would not guarantee his wages. That the said vessel was to carry 120 men, and that 30 able seamen were already engaged for her. That the petty officers for the said vessel were to be engaged for three years and the seamen for five months. That the said vessel was then at the end of the new warehouses in the Birkenhead dock, and that it was understood she was to take her guns on board at Messrs. Laird & Co.'s shed farther up the dock; and that it was generally understood by the men in Messrs. Laird & Co.'s yard that the said vessel was being built for the confederate government.

[191] *4. The vessel above mentioned is the same which is now known as No. 290, and I verily believe that the said vessel is in fact intended to be used as a privateer or vessel of war, under a commission from the so-called confederate government, against the United States Government.

(Signed)

H. WILDING.

MATTHEW MAGUIRE.

Sworn before me at the custom-house, Liverpool, this 21st day of July, 1862.
(Signed)
S. PRICE EDWARDS, Collector.

I, Thomas Haines Dudley, of No. 3 Wellesley Terrace, Prince's Park, in the borough
of Liverpool, in the county of Lancaster, esq., being one of the people
called Quakers, affirm and say as follows:

1. I am the consul of the United States of North America for the port
of Liverpool and its dependencies.

Affidavit of Consu

Dudley.

2. In the month of July, in the year 1861, information was sent by the United States Government to the United States consulate at Liverpool that a Mr. James D. Bullock, of Savannah, in the State of Georgia, who was formerly the master of an American steamer called the Cahawba, was reported to have left the United States for England, taking with him a credit for a large sum of money, to be employed in fitting out privateers, and also several commissions issued by the Southern Confederate States for such privateers; and in the month of August, in the year 1861, information was sent by the United States Government to the United States consulate at Liverpool that the said Captain Bullock was then residing near Liverpool, and acting as the agent of the said Confederate States in Liverpool and London.

3. In accordance with instructions received from the Government of the United States, steps have been taken to obtain information as to the proceedings and movements of the said James D. Bullock, and I have ascertained the following circumstances, all of which I verily believe to be true, viz: That the said James D. Bullock is in constant communication with parties in Liverpool who are known to be connected with, and acting for, the parties who have assumed the government of the Confederate States. That the said James D. Bullock, after remaining for some time in England, left the country, and, after an absence of several weeks, returned to Liverpool in the month of March last, from Charleston, in the State of South Carolina, one of the seceded States, in a screw-steamer then called the Annie Childs, which had broken the blockade of the port of Charleston, then and now maintained by the United States Navy, and which Vessel, the Annie Childs, carried the flag of the Confederate States as she came up the Mersey. That shortly after the arrival of the said James D. Bullock at Liverpool in the Annie Childs, as above mentioned, he again sailed from Liverpool in a new gunboat called the Oreto, built at Liverpool by Messrs. W. C. Miller & Sons, ship-builders, and completed in the early part of the present year, and which gun-boat, the Oreto, though she cleared from Liverpool for Palermo and Jamaica, in reality never went to those places, but proceeded to Nassau, New Providence, to take on board guns and arms, with a view to her being used as a privateer or vessel of war, under a commission from the so-called confederate government, against the Government of the United States, and which said vessel, the Oreto, is stated to have been lately seized at Nassau by the commander of Her Majesty's ship Greyhound. That the said James D. Bullock has since returned again to Liverpool, and that before he left Liverpool and since he returned he has taken an active part in superintending the building, equipment, and fitting out of another steam gun-boat, known as No. 290, which has lately been launched by Messrs. Laird & Co., of Birkenhead, and which is now lying, as I am informed and believe, ready for sea, in the Birkenhead docks, with a large quantity of provisions and stores and 30 men on board. That the said James D. Bullock is going out in the said gun-boat No. 290, which is nominally commanded by one Matthew S. Butcher, who, I am informed, is well acquainted with the navigation of the American coast, having formerly been engaged in the coasting trade between New York, Charleston, and

Nassau.

4. From the circumstances which have come to my knowledge, I verily believe that the said gun-boat No. 290 is being equipped and fitted out as a privateer or vessel of war to serve under a commission to be issued by the government of the so-called Confederate States, and that the said vessel will be employed in the service of the [192] said *Confederate States to cruise and commit hostilities against the Government and people of the United States of North America. (Signed) Affirmed and taken before me at the custom-house, Liverpool, this 21st day of July,

1882.

THOMAS H. DUDLEY.

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(Signed)

S. PRICE EDWARDS, Collector.

I, Matthew Maguire, of Liverpool, agent, make oath and say as follows: 1. I know Captain J. D. Bullock, who is commonly reputed to be the of Matthew Maguire. agent or commissioner of the Confederate States of America at Liverpool.

Further affidavit

2. I have seen the said J. D. Bullock several times at the yard of Messrs. Laird & Co., at Birkenhead, where a gun-boat, known as No. 290, has lately been built, while the building of the said vessel has been going on.

3. On the 2d day of July now instant I saw the said J. D. Bullock on board the said vessel in Messrs. Laird & Co.'s yard. He appeared to be giving orders to the workmen who were employed about such vessel.

(Signed)

MATTHEW MAGUIRE.

Sworn before me at the custom-house, Liverpool, this 21st day of July, 1862. (Signed) S. PRICE EDWARDS, Collector.

No. 13.

Instructions given customs to Collector Edwards.

The commissioners of customs to the collector of customs, Liverpool. LONDON, July 22, 1862. SIR: Having considered your report of the 21st instant, stating, with reference to previous correspondence which has taken place by commissioners of on the subject of a gun-boat which is being fitted out by Messrs. Laird, of Birkenhead, that the United States consul, accompanied by his solicitor, has attended at the custom-house with certain witnesses, whose affidavits you have taken and have submitted for our consideration, and has requested that the vessel may be seized, under the provisions of the foreign-enlistment act, upon the ground that the evidence adduced affords proof that she is being fitted out for the government of the Confederate States of America-`

We acquaint you that we have communicated with our solicitor on the subject, who has advised us that the evidence submitted is not sufficient to justify any steps being taken against the vessel under either the sixth or seventh section of act 59. Geo. III, c. 69, and you are to govern yourself accordingly.

The solicitor has, however, stated that if there should be sufficient evidence to satisfy a court of enlistment of individuals, they would be liable to pecuniary penalties, for security of which, if recovered, this department might detain the ship until those penalties are satisfied or good bail given; but there is not sufficient evidence to require the customs to prosecute. It is, however, competent for the United States consul or any other person to do so at their own risk if they see fit. (Signed)

Third report of cus

T. F. FREMANTLE.
G. C. L. BERKELEY.

Reports of the assistant solicitor and solicitor of customs, referred to in the preceding letter. In my opinion, there is not sufficient evidence in this case to justify the detention of the vessel under the 59th George III, c. 69, 70. The only affidavit that tonis solicitor, and professes to give anything like positive evidence is that of the seaman assistant Passmore; but, assuming all he states to be true, what occurred between the reputed master (Butcher) and himself would not warrant a detention under section 6, nor support an information for the penalty under that section. Nor do I think, however probable it may seem that the vessel is fitted out for the mil

report of solicitor.

itary operations mentioned, that sufficient evidence has been adduced to entitle [193] the applicants to the interference of the collector of customs at *Liverpool. The only justifiable grounds of seizure under section 7 of the act would be the production of such evidence of the fact as would support an indictment for the misdemeanor under that section.

(Signed) CUSTOMS, July 22, 1862.

J. O'DOWD.

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