No. 19. Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, London, July 24, 1862. (Received July 26.) MY LORD: In order that I may complete the evidence in the case of the vessel now fitting out at Liverpool, I have the honor to submit to your lordship's consideration the copies of two more depositions taken respecting that subject. Affidavits of Rob erts and Taylor, for Adams, with opinion warded by Mr. of Mr. Collier, In the view which I have taken of this extraordinary proceeding as a violation of the enlistment act, I am happy to find myself sustained by the opinion of an eminent lawyer of Great Britain, a copy of which I do myself the honor likewise to transmit. Affidavit of Henry through treasury to No. 20. Mr. Hamilton to Mr. Hammond. TREASURY CHAMBERS, July 26, 1262. (Received July 26.) SIR: I am commanded by the lords commissioners of Her Majesty's treasury to tranmit a report from the commissioners of cusRedden, forwarded toms dated 25th July, inclosing an affidavit from Henry Foreign Office, with Redden, respecting a gun-boat stated to be fitting out at Liv sioners of customs. erpool for the so-called Confederate States of America, for the information of Earl Russell, with reference to the correspondence which has passed on this subject. letter from commis I am also commanded to request you will move Earl Russell to cause the papers herewith transmitted to be returned to this department. I am, &c., (Signed) GEO. A. HAMILTON. [Inclosure 1 in No. 20.] Mr. Gardner to Mr. Peel. CUSTOM-HOUSE, July 25, 1862. SIR: With reference to my letter of the 23d instant, I am directed to transmit to you the inclosed further affidavit which has been submitted to the board by Messsrs. Duncan, Squarey & Co., of Liverpool, respecting the gun-boat stated to be fitting out at that port for the so-called Confederate States of America, and to state that, the board having referred the same for the report of their solicitor, that officer has reported that he adheres to the opinion he has already expressed that there are not sufficient grounds set forth to warrant the detention of the vessel. I am, &c., J. G. GARDNER. [This letter is indorsed by Mr. G. A. Hamilton, secretary to the treasury, "Immediate, July 26. Trausmit in original this report, with the inclosure in original, to Mr. Hammond, for the information of Earl Russell, with further reference to the correspondence which has passed on this subject. Request they may be returned." "The other documents were sent at once to Foreign Office, being very urgent. They are to be sent back, and will then be registered if desirable. They are now before the law-officers."] [Inclosure 2 in No. 20.] Affidavit of Henry Redden. I, Henry Redden, of Hook street, Liverpool, in the county of Lancaster, seaman, make oath and say as follows: I have Affidavit of Henry 1. I am a seaman, and have followed the sea for fifteen years. been boatswain on board both steamers and sailing-vessels, and belong Redden. to the naval reserve. ship-building yard, but now lying in the Birkenhead float, and known by the name No. 290. The said Captain Butcher offered me £10 per month, and said an agreement should be signed when we got outside. He told me that we should have plenty of money when we got home, as we were going to the Southern States on a speculation to try and get some. 3. The crew now on board the said vessel consists of about forty men; but I believe that she will take to sea about one hundred men all told. It is generally understood on board that she will clear for Nassau, but not make that port. The said vessel has all her stores and coals on board ready for sea. She is fitted in all respects as a manof-war to carry six broadside guns and four pivots, but has no guns or ammunition on board as yet. The rules on board are similar to those in use on a man-of-war, and the men are not allowed to sing as they do on a merchantman. The call is used on board. The said vessel is of about 1,100 tons burden. 4. I know Captain Bullock. He has been superintending the building of the said vessel in Messrs. Laird & Co.'s yard, and is, I believe, to take charge of the vessel when we get outside. It is generally understood on board the said vessel that she belongs to the confederate government. (Signed) HENRY REDDEN. JOHN STEWART, A Justice of the Peace for the County of Lancaster. Report of the assistant solicitor of customs to the board, July 25, 1862, referred to in the preceding No. 20. Fifth report of customs assistant I submit a reference to my former reports, to the opinions expressed in which I feel still bound to adhere. So far from giving additional force to the application, the affidavit of Henry Redden appears to me to weaken it, as, after the lapse of several days since the date of the former affidavits, the solicitor. applicants are confessedly unable to make out a better justification for detaining the vessel. It is no doubt difficult to procure satisfactory evidence in such a case; but in the absence of at least a clear prima facie case there cannot exist those grounds for detaining the vessel which the foreign.enlistment act contemplates. (Signed) J. O'DOWD. CUSTOMS, July 25, 1862. Fourth No. 21. Mr. Hammond to the law-officers of the Crown. FOREIGN OFFICE, July 26, 1862. GENTLEMEN: I am directed by Earl Russell to transmit to you the reference accompanying letter from the board of treasury,' which his to law-officers. lordship has received this morning, containing further information respecting the vessel stated to be fitting out at Liverpool for the service of the so-styled Confederate States; and I am to request that you will take the same into your consideration, together with the other papers on the same subject which are now before you. I am, &c., E. HAMMOND. No. 22. Mr. Adams informed that the ps the 22d Earl Russell to Mr. Adams. FOREIGN OFFICE, July 28, 1862. SIR: I have the honor to acknowledge the receipt of your letters of and 24th instant, relative to the vessel alleged to be fitting out at Liverpool for the service [200] of the so styled Confederate States; and I am to state to you, in reply, that these papers have been pers have been referred to the lawofficers. referred to the law-officers of the Crown. I am, &c., (Signed) RUSSELL. Report from customs. Liverpool. No. 23. Mr. Hamilton to Mr. Hammond. TREASURY CHAMBERS, July 29, 1862. (Received July 29.) SIR: With reference to the former correspondence on the subject of a gun-boat fitting out at Liverpool, and stated to be for the om vessel has left use of the so-called confederate government, I am commanded by the lords commissioners of Her Majesty's treas ury to transmit to you, for the information of Earl Russell, a further let ter from the commissioners of customs on this subject, and request that it may be returned to this department. I am, &c., GEO. A. HAMILTON. [Inclosure in No. 23.] Mr. Gardner to Mr. Peel. CUSTOM-HOUSE, July 29, 1862. SIR: With reference to my letter of the 25th instant, I am directed to acquaint you that a communication has this day been received from Messrs. Duncan, Squarey & Co.. 1 No. 20. of Liverpool, dated 28th instant, stating that they have every reason to believe that J. G. GARDNER. P. S. Since writing this letter I have received a telegram from the above firm, informing me that the vessel came out of dock last night, and left the port this morning. J. G. G. No. 24. The law-officers of the Crown to Earl Russell. Second report of attorney and solici tor general. Vessel should be seized for infringe ment of the foreignenlistment act. TEMPLE, July 29, 1862. (Received July 29.) MY LORD: We are honored with your lordship's commands signified in Mr. Layard's letter of the 23d July instant, stating that, with reference to our report of the 30th ultimo, he was directed by your lordship to transmit to us the accompanying papers, which had been received by the board of treasury from the commissioners of customs, containing further information respecting the vessel alleged to be fitting out at Liverpool for the service of the so-called Confederate States, and to request that we would take the same into our consideration, and favor your lordship at our earliest convenience with our opinion thereupon. The former papers on this subject were inclosed for reference if required. We are also honored with your lordship's commands signified in Mr. Layard's letter of the 23d July instant, stating that, with reference to his letter of that date, sending to us papers respecting the vessel stated to be preparing for sea at Birkenhead, for the service of the government of the so-styled Confederate States of North America, he was directed by your lordship to transmit to us a further letter from the commissioners of customs, inclosing additional papers respecting this vessel, and to request that we would take these papers into our consideration, and favor your lordship at our earliest convenience with our opinion as to the steps which ought to be taken by Her Majesty's government in the matter. [201] In obedience to your lordship's commands we have taken these papers into consideration, and have the honor to report: That, in our opinion, the evidence of the witnesses who have made depositions, (we allude particularly to William Passmore, Edward Roberts, Robert John Taylor, and Henry Redden,) coupled with the character and structure of the vessel, makes it reasonably clear that such vessel is intended for warlike use, against citizens of the United States, and in the interest of the (so-called) Confederate States. It is not, and cannot be, denied that the vessel is constructed and adapted as a vessel of war; being pierced for guns, the sockets for the bolts for which, Passmore states, are already laid down, and having a magazine, and shot and canister racks on the deck, and a certain number of canisters being actually on board. It is also stated in the report of the commissioners of customs of July 1, that Messrs. Laird, the builders, do not deny that the vessel has been built for some "foreign government," although they maintain apparently a strict reserve as to her actual destination, and as to the "foreign government," in particular, for whose service she is intended. We do not overlook the facts that neither guns nor ammunition have as yet been shipped; that the cargo (though of the nature of naval stores in connection with war-steamers) may yet be classed as a mercantile cargo; and that the crew do not appear to have been, in terms and form at least, recruited or enrolled as a military crew. It is to be expected that great stress will be laid upon these circumstances by the owners and others who may oppose the condemnation of the vessel if seized by the officers of the customs; and an argument may be raised as to the proper construction of the words which occur in the seventh section of the foreign-enlistment act, "equip, furnish, fit out, or arm," which words, it may be suggested, point only to the rendering a vessel, whatever may be the character of its structure, presently fit to engage in hostilities. We think, however, that such a narrow construction ought not to be adopted; and, if allowed, would fritter away the act, and give impunity to open and flagrant violations of its provisions. We, therefore, recommend that, without loss of time, the vessel be seized by the proper authorities, after which an opportunity will be afforded to those interested, previous to condemnation, to alter the facts, if it may be, and to show an innocent destination of the ship. In the absence of any such countervailing case, it appears to us that the vessel, cargo, and stores may be properly condemned. We have, &c., WM. ATHERTON. No. 25. Report of law-offcers forwarded the treasury. Mr. Layard to the secretary to the treasury. FOREIGN OFFICE, July 30, 1862. SIR: With reference to your letter of yesterday's date, I am directed by Earl Russell to transmit to you, for the information of to the lords commissioners of Her Majesty's treasury, a copy of a report from the attorney and solicitor general, also dated yesterday, respecting the vessel which has been fitted out at Birkenhead, and is suspected to be intended for the government of the so-styled Confederate States. SIR: I am directed by Earl Russell to transmit to you a copy of No. 24. |