to law-officers. 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 Fourth reference accompanying letter from the board of treasury,' which his 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 pa 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 referred to the law-officers of the Crown. I am, &c., pers have been referred to the lawofficers. (Signed) RUSSELL. toms. 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 Report from cus- a gun-boat fitting out at Liverpool, and stated to be for the The vessel has left use of the so-called confederate government, I am commanded by the lords commissioners of Her Majesty's treasury to transmit to you, for the information of Earl Russell, a further letter from the commissioners of customs on this subject, and request that it may be returned to this department. 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 the gun-boat stated to be fitting out for the confederate government of America will sail this day. I am at the same time to observe that no further evidence has been received with respect to the vessel since that forwarded in my letter above referred to. I am, &c., (Signed) 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. TEMPLE, July 29, 1862. (Received July 29.) Second report of attorney and solici tor general. 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] *We are further honored with your lordship's commands signi fied in Mr. Layard's letter of the 26th July, instant, stating that he was directed by your lordship to transmit to us the accompanying letter from the board of treasury, dated July 26, which your lordship had received that morning, containing further information respecting the vessel stated to be fitting out at Liverpool for the service of the sostyled Confederate States; and to request that we would take the same into our consideration, together with the other papers on the same subject, which were then before us. 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. ROUNDELL PALMER. No. 25. Report of law-officers 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 a 1 No. 24. cers forwarded to Colonial Office for transmission to gox ernor of the hamas. Ba report from the attorney and solicitor general,' respecting Report of law-offa gun-boat which has been fitted out at Birkenhead, and which is suspected to be on account of the government of the so-styled Confederate States. By a letter received from the custom-house authorities at Liverpool, it appears that this vessel put to sea on the 29th instant; and I am, therefore, to request that you will suggest to the Duke of Newcastle the propriety of a copy of the inclosed report being sent to the governor of the Bahamas. I am, &c., A. H. LAYARD. No. 27. Mr. Hamilton to Mr. Layard. TREASURY CHAMBERS, July 31, 1862. (Received July 31.) Commissioners of instructed to take the neces sary steps for seizing the vessel. SIR: I am commanded by the lords commissioners of Her Majesty's treasury to acquaint you, for the information of Earl Russell, that they have forwarded to the commissioner of cus- customs toms your letter of yesterday's date, on the subject of the vessel which has been fitting out at Birkenhead, and is suspected to be intended for the government of the so-styled Confederate States of America, together with the opinion of the law-officers of the Crown on the case, with directions to take the necessary steps for seizing the vessel, in conformity with the recommendation of the lawofficers. Messrs. Squarey to town. SIR: With reference to the former correspondence on the subject of the vessel fitting out at Liverpool, and stated to be for the Vessel supposed by use of the so-styled confederate States of America, I am have gone to Queens commanded by the lords commissioners of Her Majesty's treasury to transmit to you, for the information of Earl Russell, a report from the commissioners of customs, dated 30th instant, together with its inclosure, a letter dated 29th instant, from Messrs. Duncan, Squarey & Mackinnon, stating that the vessel in question had sailed from Liverpool, and that they had reason to believe that she was gone to Queenstown. I am commanded by my lords to request that the correspondence herewith transmitted may be returned to this department. I am, &c., GEO. A. HAMILTON. 1 No. 24. [205] * [Immediate.] JULY 30, 1862–1 o'clock p. m. Mr. Morgan, the surveyor, is to inquire into the circumstances of the aforegoing representation, and to report the result of his inquiry forthwith. (Signed) S. PRICE EDWARDS. CUSTOM-HOUSE, Liverpool, July 30, 1862. HONORABLE SIRS: Immediately on receipt of the aforegoing communication, Mr. Morgan, surveyor, proceeded on board the Hercules; and I beg to inclose his report, observing that he perceived no beams, such as are alluded to by the American consul, nor anything on board that would justify further action on my part. Respectfully, [Inclosure 3 in No. 31.] S. PRICE EDWARDS. Mr. Morgan to Mr. Edwards. SURVEYOR'S OFFICE, July 30, 1862. SIR Referring to the steamer built by the Messrs Laird, which is suspected to be a Report from Sur- gun-boat intended for some foreign government, I beg to state that, since the date of my last report concerning her, she has been lying in the Birkenhead docks, fitting for sea, and receiving on board coals and provisions for her crew. veyor Morgan. The vessel pro morning of the 29th, ceeded to sea on the ostensibly for a trial trip. She had no armament on board. The Hercules did not take out any warlike supplies. She left the dock on the evening of the 28th instant, anchored for the night in the Mersey, abreast the Canning dock, and proceeded out of the river on the following morning, ostensibly on a trial trip, from which she has not returned. I visited the tug Hercules this morning as she lay at the landing-stage at Woodside, and strictly examined her holds, and other parts of the vessel. She had nothing of a suspicious character on board, no guns, no ammunition, or anything appertaining thereto. A considerable number of persons, male and female, were on deck, some of whom admitted to me that they were a portion of the crew, and were going to join the gunboat. I have only to add, that your directions to keep a strict watch on the said vessel have been carried out; and I write in the fullest confidence that she left this port without any part of her armament on board. She had not as much as a single gun or musket. It is said that she cruised off Port Lynas last night, which, as you are aware, is some fifty miles from this post. Very respectfully, No. 32. E. MORGAN, Surveyor. Extracts from customs correspondence respecting the Alabama, presented to Parliament in return to an order of the House of Commons, dated March 20, 1863. To the collector of customs, Liverpool. [Telegram.] JULY 31, 1862–11.35 a. m. Examine master of Hercules, whether he can state that guns are concealed in vessel 290, and that powder has been taken on board. Customis corre Bene. |