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Collector Edwards

that

prima facie proof

[187]

*No. 10.
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 informed by custom
certain circumstances relative to a vessel which he states is there is not sulūcuent
now being fitted out by Messrs. Laird at Birkenhead, as a run the seizure of
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.

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.

the vessel.

No. 11.

Correspondence

wards, and report of
Custonis solicitor,

by

the treasury.

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Mr. Gardner to Mr. Hamilton.

CUSTOM-HOUSE, July 17, 1862.
SIR: Referring to the report of this board to the lords commissioners
of Her Majesty's treasury, dated the 1st instant, upon a
letter forwarded to them by their lordships, from Mr. with Colector Ed
Hammond, under-secretary of state for foreign affairs,
inclosing copy of a letter from the United States minister custom commi-cion-
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 forti with reported, I am desired to transmit herewith, for the infor-
mation of their lordships, copy of a letter from the American cousul 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 maintain 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

Second report of

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 Slogne. 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 bad been previously pointed out to me by a fireman who came to Liverpool in the Amnie 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.

Affidavit of Allan S. Clare,

I, Allan Stanley Clare, of Liverpool, in the county of Lancaster, articled clerk, make

oath and say as follows:

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 tbat 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.

Mat.

Wilding and thew Maguire

We, Henry Wilding, of Liverpool, in the county of Lancaster, gentleman, and Mat

thew Maguire, of Liverpool, aforesaid, agent, make oath, and say as Affidavits of Henry folows:

1. I, the said Matthew Magnire, for myself, say that on the 15th day

of July now instant I took Richari Bragan, whom I know to be an apprentice working in the ship-building yard of Messrs. Laird & Co., at Birkenhead, to the above-namei 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 each 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 seainen were already engaged for lier. 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.

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[191] *4. The vessel above mentioned is the same wbich is now known as No. 290,

and I verily believe that the said vessel is in fact intended to be used as a pri-
vateer or ressel 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.

Affidavit of Conse
Dudley.

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1, 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.
2. In the month of July, in the year 1861, information was sent by the United States
Government to the Cuited 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 pri-
vateers, 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 move.
ments 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 con-
stant 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 Janies 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 gun-
boat 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 ihat before he left Liverpool and since he returned he has taken an active part in superintending the building, equipment, and fitting ont 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 Birkenbead docks, with a largo 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 an informed, is well acquainted with the navigation of the American coast, having formerly been engaged in the coasting trade between New York, Charleston, and

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 Con

federate States, aud 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.

THOMAS HI. DUDLEY, Afirmed and taken before me at the custom-house, Liverpool, this 21st day of July,

S. PRICE EDWARDS, Collector.

1 1

(Signed)

1802.

(Signed)

Further

affidavit

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 Matthe's Maguires agent or commissioner of the Confederate States of America at Liver

pool. 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 workmien who were employed about such vessel. (Sigued)

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

S. PRICE EDWARDS, Collector.

:

by romunissioners of curtors to Collector Edwards.

No. 13. 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 Instructions given reference to previous correspondence which has taken place

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)

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

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Third report of

solicitor.

Reports of the assistant solicitor and solicitor of customs, referred to in the preceding letter. In my opinion, there is not suflicient evidence in this case to justify the detention of

the vessel under the 59th George III, c. 69, 70. The only affidavit that tong kumitator, and professes to give anything like positive evidence is that of the seaman report of us«istant 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

itary operations mentioned, that sufticient evidence has been adduced to entitlo [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 niisdemeanor under that section. (Signed)

J. O'DOWD. CUSTOMS, July 22, 1862.

I entirely concur with Mr. O'Dowd in opinion that there is not sufficient evidence to warrant the seizure or detention of the ship by the officers of customs. There appears to be some evidence of enlistment of individuals, and if that were sufficient to satisfy a court, they would be liable to pecuniary penalties, for security of which, if recovered, the customs might detain the ship until those penalties were satisfied or good bail given; but there is not evidence enough of enlistment to call upon the customs to prosecute. The United States consul or any other person may do so at their own risk, if they see fit. (Signed)

F. J. HAMEL. JULY 22, 1862.

No. 11.

Ur. Adams to Earl Russell.

Affidavits first for. warded by Mr Adarns.

LEGATION OF THE UNITED STATES,

London, July 22, 1862. (Received July 22.) My LORD: I have the honor to transmit copies of six depositions taken at Liverpool, tending to establish the character and destination of the vessel to which I called your lordship’s attention in my note of the 23d of June last.

The originals of these papers have already been submitted to the collector of the customs at that port, in accordance with the suggestions made 'in your lordship's note to me of the 4th of July, as the basis of an application to bim to act under the powers conferred by the enlistment act. But I feel it to be my duty further to communicate the facts as there alleged to Her Majesty's government, and to request that such further proceedings may be had as inay carry into full effect the determi. nation which I doubt not it ever entertains to prevent, by all lawful means, the fitting out of hostile expeditions against the government of a country with which it is at peace.

I avail, &c.,
(Signed)

CHARLES FRANCIS ADAMS.

[Inclosure in No. 14.]

Depositions.
[See inclosure 3 in No. 12.]

No. 15.

Mr. Layard to the lauc-officers of the Crown.

Imme liate.)

FOREIGN OFFICE, July 23, 1862. GENTLEMEN: With reference to your report of the 30th ultimo, I am directed by Earl Russell to transmit to you the accompany. ing papers, which have been received by the board of treas. to law officers ury from the commissioners of customs, containing further information respecting the vessel alleged to be fitting out at Liverpool for the ser

Second

reference

No. 12 and inclosures.

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