[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. Sworn before me at the custom-house, Liverpool, this 21st day of July, 1862. 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 Nassan, 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 1832. (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 suf ficient 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. 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 tons solicitor, and professes to give anything like positive evidence is that of the seaman report of assistant Passmore; but, assuming all he states to be true, what occurred between the reputed master (Butcher) and himself would not warrant a deten tion 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 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) J. O'DOWD. 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. F. J. HAMEL. (Signed) JULY 22, 1862. No. 14. Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, London, July 22, 1862. (Received July 22.) Affidavits first for 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 warded by Mr attention in my note of the 23d of June last. Adams. 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 him 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 may carry into full effect the determination 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 law-officers of the Crown. [Immediate.] 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 accompanying 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 No. 12 and inclosures. Second reference vannah and Mobile, and since the secession movement I have been engaged in running the blockade. I have run the blockade six times, and been captured once. 2. The vessels in which I have been engaged in running the blockade have sailed from Mobile, and have gone to Havana and New Orleans. I am well acquainted with the whole of the coast of the Confederate States, as I have been principally engaged since 1847 in trading to and from the Gulf ports. 3. I came to England, after my release from Fort Warren, on the 29th of May last. I came here with the intention of going to the Southern States, as I could not get there from Boston. 4. Mr. Rickarby, of Liverpool, a brother of the owner, at Mobile, of the vessel in which I was captured when attempting to run the blockade, gave me instructions to go to Captain Butcher at Laird's yard, Birkenhead. I had previously called on [196] Mr. Rickarby, * and told him that I wanted to go South, as the Northerners had robbed me of my clothes when I was captured, and I wanted to have satisfac tion. 5. I first saw Captain Butcher at one of Mr. Laird's offices last Thursday fortnight, (namely, the 3d of July last.) I told him that I had been sent by Mr. Rickarby, and asked him if he were the captain of the vessel which was lying in the dock. I told him that I was one of the men that had been captured in one of Mr. Rickarby's vessels, and that I wanted to get South in order to have retaliation of the Northerners for robbing me of my clothes. He said that if I went with him in his vessel I should very shortly have that opportunity. 6. Captain Butcher asked me at the interview if I was well acquainted with the Gulf ports, and I told him I was. I asked him what port he was going to, and he replied that he could not tell me then, but that there would be an agreement made before we left for sea. I inquired as to the rate of wages, and I was to get £4 108. per month, payable weekly. 7. I then inquired if I might consider myself engaged, and he replied, "Yes," and that I might go on board the next day, which I accordingly did; and I have been working on board up to last Saturday night. 8. I was at the siege of Acre in 1840, in Her Majesty's frigate Pique, Captain Edward Boxer, and served on board for nine months. Captain Butcher's ship is pierced for eight broadside-guns and four swivels or long-toms. Her magazine is complete, and she is fitted up in all respects as a man-of-war, without her ammunition. She is now chock-full of coals, and has, in addition to those in the hold, some thirty tons on deck. 9. One day, while engaged in heaving up some of the machinery, we were singing a song, as seamen generally do, when the boatswain told us to stop that, as the ship was not a merchant-ship but a man-of-war. (Signed) ROBERT JOHN TAYLOR. Sworn at Liverpool, in the county of Lancaster, this 22d day of July, 1862, before (Signed) me. Mr. Collier. [Inclosure 4 in No. 16.] W. J. LAMPORT, Justice of the Peace for Liverpool. Case submitted to Mr. Collier, Queen's counsel, and his opinion thereon. You will receive, herewith, copies of the following affidavits in reference to a gunboat known as No. 290, which was built by Messrs. Laird & Co., at Case submitted to Birkenhead, as it is believed for the Confederate States of America, and which is now lying ready for sea in all respects in the Birkenhead docks: No. 1, affirmation of T. H. Dudley; No. 2, affidavit of J. de Costa; No. 3, affidavit of Mr. Maguire; No. 4, affidavit of H. Wilding and M. Maguire; No. 5, affidavit of A. S. Clare; No. 6, affidavit of William Passmore; No. 7, affidavit of Edward Roberts; No. 8, affidavit of Robert John Taylor. An applicalion has been made on the affidavits Nos. to 6 inclusive, to the collector of customs at Liverpool, to detain the vessel under the provisions of the act 59 Geo. III, cap. 69; but, under the advice of the solicitors to the customs, the board have declined to sanction the detention of the vessel. You are requested to advise the consul for the United States at Liverpool whether the affidavits now submitted to you would disclose facts which would justify the collector of customs in detaining the vessel under the act in question. JULY 23, 1862. Opinion. I have perused the above affidavits, and I am of opinion that the collector of enstonis would be justified in detaining the vessel. Indeed, I should think it Mr. Collier's opinion. his duty to detain her; and that if, after the application which has been made to him, supported by the evidence which has been laid before me, he allows the vessel to leave Liverpool, he will incur a heavy responsibility, a responsibility of which the board of customs, under whose directions he appears to be acting, must take their share. It appears difficult to make out a stronger case of infringement of the foreign-enlistment act, which, if not enforced on this occasion, is little better than a dead letter. [197]* It well deserves consideration whether, if the vessel be allowed to escape, the Federal Government would not have serious grounds of remonstrance. (Signed) TEMPLE, July 23, 1862. R. P. COLLIER. Report of the assistant solicitor of customs referred to in the letter of the board of customs (in-· closure 1 in No. 16) July 23, 1862. Fourth report of customs solicitor. I have read the additional evidence, and I do not think that it materially strengthens the case of the applicants. As regards the opinion of Mr. Collier, I cannot concur in his view; bnt adverting to the high character which he bears in his profession, I submit that the board might act judiciously in recommending the lords of the treasury to take the opinion of the law-officers of the Crown. (Signed) JULY 23, 1862. J. O'DOWD. No. 17. to Mr. Layard to the law-officers of the Crown. FOREIGN OFFICE, July 23, 1862. GENTLEMEN: With reference to my letter of this morning, sending you papers respecting the vessel stated to be preparing Third reference to for sea at Birkenhead, for the service of the government of law-officers. the so-styled Confederate States of North America, I am directed by Earl Russell to transmit to you a further letter from the commissioners of customs, inclosing additional papers respecting this vessel; and I am to request that you will take these papers into your consideration, and favor Lord Russell at your earliest convenience with your opinion as to the steps which ought to be taken by Her Majesty's government in the matter. 1 I am, &c., A. H. LAYARD. No. 18. Mr. Layard to the secretary to the treasury. FOREIGN OFFICE, July 24, 1862. SIR: I am directed by Earl Russell to transmit to you, to be laid before the lords commissioners of the treasury, a copy of a note from Mr. Adams, forwarding copies of the depositions, of which the originals have been already submitted to the custom-house authorities at Liverpool, respecting the vessel stated to be fitting out at Birkenhead for the service of the so-styled Confederate States. I am, &c., (Signed) 1 No. 16. A. H. LAYARD. 2 No. 5. |