in the United Kingdom, the term not to exceed six months. They were not enlisted in the service of the Confederate States; and it is clear, from what subsequently occurred at Nassau, that they had no intention whatever of entering that service, and had at the time of sailing no knowledge or suspicion that the vessel was intended to be employed as a confederate ship of war.

The subjoined statements, made in the month of August, 1862, for the information of the commissioners of customs and of Her Majesty's government, by officers of the customs at Liverpool, and by the pilot who took the Oreto out of the Mersey, further show what was the condition of the vessel at the time of her departure, and the precautions taken in respect of her:1

Statement of Mr. Edward Morgan.

I am one of the surveyors of customs at this port; pursuant to instructions I received from the collector on the 21st of February in the present year and at subsequent dates, I visited the steamer Oreto at various times, when she was being fitted out in the dock, close to the yard of Messrs. Miller & Sons, the builders of the vessel. I continued this inspection from time to time until she left the dock, and I am certain that when she left the river she had no warlike stores of any kind whatever on board.

After she went into the river she was constantly watched by the boarding officers, who were directed to report to me whenever any goods were taken on board, but, in reply to my frequent inquiries, they stated nothing was put in the ship but coal. (Signed) EDWARD MORGAN, Surveyor.

Statement of Mr. Henry Lloyd.

In consequence of instructions received from Mr. Morgan, surveyor, I, in conjunction with the other three surveyors of the river, kept watch on the proceedings of the vessel Oreto from the time she left, the Toxteth Dock, on the 4th March last, till the day she sailed, the 22d of the same month. On one occasion I was alongside of her, and spoke to Mr. Parry, the pilot, and the chief mate. Neither I nor any of the other river surveyors saw at any time any arms or warlike ammunition of any kind taken on board, and we are perfectly satisfied that none such was taken on board during her stay in the river.

(Signed)

H. LLOYD, Examining Officer.

Statement on oath of Mr. William Parry.

I was the pilot in charge of the ship Oreto when she left the Toxteth Dock on the 4th March, 1862. I continued on board to the day of her sailing, which was the 22d of the same month, and never left her save on Sunday, when all work was suspended. I saw the ship before the coals and provisions were taken into her; there were no munitions of war in her-that is to say, she had no guns, *carriages, shot, shell, or [59] powder; had there been any on board I must have seen it. I piloted the ship out of the Mersey to Point Lynas, off Anglesea, where I left her, and she proceeded down channel, since which she has not returned. From the time the vessel left the river until I left her she held no communication with the shore, or with any other vessel, for the purpose of receiving anything like cargo on board. I frequently saw Mr. Lloyd, the tide surveyor, alongside the ship while in the river.

(Signed)

WM. PARRY.

Sworn before me, at the custom-house, Liverpool, this 23d August, 1862.
(Signed)
S. PRICE EDWARDS, Collector.

On the 26th March, 1862, Earl Russell received from Mr. Adams a note dated the previous day, which contained the following passage:

It is with great reluctance that I am drawn to the conviction that the representatious made to your lordship of the purposes and destination of that vessel were delusive; and that, though at first it may have been intended for service in Sicily, yet that such an intention has long been abandoned, in fact, and that the pretense has been held up only the better to conceal the true object of the parties engaged. That object is to make war against the United States. All the persons thus far known to

be most connected with the undertaking are either directly employed by the insurgents of the United States of America or residents of Great Britain, notoriously in sympathy with and giving aid and comfort to them on this side of the water.

Mr. Adams proceeded to enlarge on the dissatisfaction felt in the United States at the circumstance that the trade with blockaded ports was (as he alleged) chiefly carried on from Great Britain and her dependencies, and that this was permitted or not prevented by Her Majesty's government. He added:

The duty of nations in amity with each other would seem to be plain not to suffer their good faith to be violated by ill-disposed persons within their borders, merely from the inefficacy of their prohibitory policy. Such is the view which my government has been disposed to take of its own obligations in similar cases, and such it doubts not is that of all foreign nations with which it is at peace. It is for that reason I deprecate the inference that may be drawn from the issue of the investigation which your lordship caused to be made in the case of the Oreto, should that vessel be ultimately found issuing safely from this kingdom, and preying on the commerce of the people of the United States. Not doubting myself the sincerity and earnest desire of your lordship to do all that is within your power to fulfilling every requirement of international amity, it is to be feared that all the favorable effect of it may be neutralized by the later evidence of adverse results. It is no part of my intention to imply the want of fidelity or of good will in any quarter. I desire to confine myself closely within the pale of my duty, a representation of the precise causes of uneasiness between the two coun tries, and an earnest desire to remove them. Firmly convinced that the actual position of things in connection with the hostile equipment in British waters by no means does justice to the true disposition of Her Majesty's government, I am anxious to place the matter before your lordship in such a light as to obtain the evidence more perfectly to establish the truth.

In the above note Mr. Adams inclosed a copy of a letter received from Mr. Dudley, which was as follows:

Mr. Dudley to Mr. Adams.

UNITED STATES CONSULATE, Liverpool, March 22, 1862. SIR: The Oreto is still in the river. A flat-boat has taken part of her armament to her. A part of the crew of the steamer Annie Childs, which came to this port loaded with cotton, have just left my office. They tell me that Captain Bullock is to command the Oreto, and that four other officers for this vessel came over with them in the Childs. The names of three are Young, Low, and Maflit or Moffit; the fourth was called Eddy; the two first are lieutenants, and the two last-named midshipmen. They further state that these officers during the voyage wore naval uniforms; that they came on the Childs at a place called Smithville, some twenty miles down the river from Wilmington; that it was talked about and understood by all on board that their object in coming was to take command of this vessel, which was being built in England for the southern confederacy. They further state that it was understood in Wilmington, before they left, that several war vessels were being built in England for the South. As they were coming up the river in the Childs, as they passed the Oreto she dipped her flag to the Childs. I have had this last from several sources, and the additional fact that the same evening after the arrival of this steamer, a dinner was given in the Oreto to the officers who came over in the Childs. I understand she will make direct for Madeira and Nassau.

I have, &c.,
(Signed)

THOMAS H. DUDLEY.

[60] *The above note was dated on the third day, and received (with its inclosure) on the fourth day, after the Oreto had put to sea. In answer to the above note, Earl Russell, on the 27th March, 1862, wrote to Mr. Adams as follows:

Earl Russell to Mr. Adams.1

FOREIGN OFFICE, March 27, 1862.

SIR: Upon receiving your letter of the 25th instant, I immediately directed that the treasury and customs department should be requested to take such steps as may be necessary to ascertain whether the Oreto is equipped for the purpose of making war on the United States, and, if that fact can be proved, to detain the vessel.

1 Appendix, vol. i, p. 6.

The charge that nearly all the assistance now obtained from abroad by the persons still in arms against the Government of the United States, and which enables them to continue the struggle, comes from Great Britain and its dependencies, is somewhat vague. I believe the greater part of the arms and ammunition sent from this country to America during the struggle has gone to the United States.

I agree with you in the statement that the duty of nations in amity with each other is not to suffer their good faith to be violated by ill-disposed persons within their borders, merely from the inefficacy of their prohibitory policy. But it is, at the same time, a duty not to punish persons on suspicion without any proof of their evil intent. It is not the custom of this country to deprive any person of liberty or property without evidence of some offense. If such evidence can be obtained, the laws are sufficient to prevent the accomplishment of their evil designs against friendly nations.

You have not yourself hitherto furnished me with evidence that any vessel has received a hostile or warlike equipment in British waters, which has been afterward used against the United States. The care that was taken to prevent the warlike equipment of the Nashville in British waters must be familiar to your recollection. With regard to co-operation with the policy of the United States in respect to the blockade, I must remind you that Great Britain has abstained, as far as possible, from complaints of the irregularity of the blockade which has been instituted. Her Majesty's government have been mindful of the suddenness of the danger with which the United States were threatened; of the inadequacy of the naval force then at the disposal of the government; and of the great difficulty of blockading a coast of 3,000

miles.

But beyond forbearance, and a liberal interpretation of the law of nations in favor of the United States, Her Majesty's government cannot go. If by co-operation with the policy of the United States is meant, either taking part in the civil war still raging, or imposing restraints on the Queen's subjects unknown to international law, I cannot undertake that Her Majesty's government will adopt either of those courses. It would be an unheard of measure to prohibit merchants from sending ships to sea destined to the southern ports. Should such ships attempt to violate the blockade, capture and condemnation are the proper penalty of such attempts; no authority can be found for any other.

But while these attempts are made on the one side, the United States Government have willingly received in the ranks of their army British subjects, who violate the Queen's proclamation in order to serve against the confederates. Nay, the law of the United States, by which parents can prevent the enlistment of their sons, being minors, has been set aside to the prejudice of British subjects, the fathers and mothers of thoughtless lads of sixteen or seventeen years of age.

These evils are, perhaps, inseparable from the unhappy contest now carried on in America. I can only trust it may have a speedy termination, suitable to the reputation of the United States, and conducive to the future happiness of all the inhabitants of a country so lately prosperous and united.

I am, &c., (Signed)

RUSSELL.

Information that the Oreto had put to sea had not at this time been received by Her Majesty's government.

On the 8th April, 1862, Earl Russell sent to Mr. Adams the following report of inquiries made respecting the Oreto by order of the

commissioners of customs:

1

CUSTOM-HOUSE, April 4, 1862.

Your lordships having referred to us the annexed letter from Mr. Hammond, transmitting, by desire of Earl Russell, a copy of a further letter, addressed by the United States consul at Liverpool to Mr. Adams, the United States minister at this court, in which it is again affirmed that the Oreto is being fitted out as a vessel of war for the southern confederacy, and various statements are reported in support of that assertion, and requesting that your lordships would instruct this board to give directions that the Oreto might be vigilantly watched, and that, if any armament prohibited by the foreign enlistment act should be discovered, the vessel might be at once detained.

We report

That, on the receipt of your lordships' reference, we directed our collector at Liverpool immediately to inquire into the further allegations made in regard to the Oreto, and to govern himself in accordance with the instructions contained in Mr. Hammond's letter, and, having received the report of the collector, we find that the vessel in question was registered on the 3d ultimo, in the name of John Henry Thomas, of Liverpool, as sole owner; that she cleared on the following day for Palermo 1 Appendix, vol. i, p. 7.

1

[61] and *Jamaica in ballast, but did not sail until the 22d, the day on which the American consul's letter is dated, having a crew of fifty-two men, all British, with the exception of three or four, one of whom only was an American. She had no gunpowder, nor even a signal-gun, and no colors, saving Maryatt's code of signals and a British ensign, nor any goods on board except the stores enumerated on the accompanying copy of her victualing bill.

With regard to the statements in the letter of the consul, the collector further reports that it is clear the passengers brought by the Annie Childs, the vessel therein mentioned, which has recently arrived from one of the Southern States, were not intended to form any portion of the crew of the Oreto, inasmuch as they were still in Liverpool, and that the dipping of the ensign on board the latter vessel on the arrival of the Annie Childs, as far as the collector had been enabled to ascertain, was intended as a compliment to one of the Cunard steamers and another vessel which saluted the Annie Childs on her arrival, the masters of the several vessels being known to one another. (Signed) THO. F. FREMANTLE. GRENVILLE C. L. BERKELEY.

This report was accompanied by a copy of the ship's victualing bill. On the 28th April, 1862, the Oreto arrived at Nassau, as appears by the subjoined entry in the books of the revenue department of the colony of the Bahamas:1

(No. 48.)

Inwards.

In the British steamer Oreto, Duguid, master, from Liverpool; 178 tons; 12 feet; 52 men.

NASSAU, New Providence, April 28, 1862.

Ballast.

On the 29th April she quitted the part of the harbor which is adjacent to the town of Nassau, and proceeded to Cochrane's Anchorage, a station distant from the town about fifteen miles, measuring by the course usually taken by vessels of heavy draught. It was stated that this was done on the advice of the pilot, and for the reason that there was not room for her in the harbor. On the 9th May, 1862, the governor of the Bahamas received from Mr. Whiting, United States consul at Nassau, the following letter: 2

UNITED STATES CONSULATE, Nassau, New Providence, May 9, 1862.

SIR: I have the honor to communicate to your excellency several facts of importance, deeming it to be my duty so to do, as representative of the Government of the United States of America.

The tug Fanny Lewis, which arrived here from Liverpool on the 6th instant, has on board, I am credibly informed by letters received from that port, a large quantity of powder for the rebel States of America, or for the so-called Confederate States.

On the 28th ultimo the steamer Oreto also arrived off this port from Liverpool, and now lies at Cochrane's Anchorage, where, it is believed, and so reported by many residents here, that she is being prepared and fitted out as a confederate privateer to prey on the commerce of the United States of America.

I inclose for your excellency's perusal a slip from the Wilmington, North Carolina, paper of the 20th April.

I cannot but think that your excellency will consider it proper that some inquiry should be made to ascertain how far the vessels alluded to are preserving the strict neutrality so earnestly enjoined by Her Majesty's late proclamation, and I am confident that I pay but a deserved tribute to your excellency's high character when I express my firm belief that no illegal steps will be allowed to those who seek to subvert the Government which I have the honor to represent.

I am, &c.,
(Signed)

SAML. WHITING,
United States Consul.

Mr. Whiting was on the same day informed in answer by the colonial secretary that the governor would cause inquiries to be made into the circumstances alleged in his (Mr. Whiting's) letter. The letter was at the same time referred, by order of the governor, to the attorney general of the colony, who reported as follows: 3

1 Appendix, vol. i, p. 58.

2 Ibid., p. 14.

3 Ibid., p. 15.

Assuming the cargo of the Fanny Lewis to be such as is stated by the United States consul, it is nevertheless one that can legally be imported here from the United Kingdom, and its future presumed destination does not invest it with any character of illegality which calls for or would authorize any action with respect to it on the part of the executive or other authorities of the colony.

2. With respect to the Oreto the consul's allegation is to the effect that it is believed and reported by many residents here that she is being prepared and fitted out where she now lies, at Cochrane's Anchorage, which is within the limits of the port of Nassau, as a confederate privateer. Now if such is the fact, an offense against the foreign enlistment act has been committed, all parties implicated in which are liable to be criminally proceeded against for misdemeanor, and the vessel may be seized by any Daval or revenue officer; but to justify proceedings either against the parties or the vessels, the matter must not rest on repute or belief alone, but the authorities [62] must have positive facts to *ground their proceedings on, and unless the consul can adduce such, or they can be obtained through other channels, no steps can be taken either for the arrest of the vessel, or those on board of her.

G. C. ANDERSON.

(Signed) On the 28th May, 1862, Commander McKillop, commanding Her Majesty's ship Bulldog, wrote to the governor as follows: 1

BULLDOG, Nassau, May 28, 1862. SIR: Several steamers having anchored at Cochrane's Anchorage, I sent an officer yesterday to visit them and muster their crews, and ascertain what they were and how employed.

The officer reports that one steamer, the Oreto, is apparently fitting and preparing for a vessel of war; under these circumstances I would suggest that she should come into the harbor of Nassau to prevent any misunderstanding as to her equipping in this port, contrary to the foreign enlistment act, as a privateer or war vessel.

I am, &c., (Signed)

H. F. MCKILLOP.

No facts were furnished by Commander McKillop in support of the statement that the Oreto was "apparently fitting and preparing for a vessel of war." On receiving this communication the governor requested Commander McKillop to take such steps as he might think best for ascertaining the true character of the Oreto and the nature of her equipment; and if he should be convinced that she was really a man-of-war or privateer arming herself there, to concert measures for bringing her down into the part of the harbor adjacent to the town, or else to remove his own ship to Cochrane's Anchorage and there watch her proceedings from day to day.

Early in the month of June, 1862, the consignees of the vessel, who were a mercantile firm at Nassau, applied to the receiver general (the proper officer for that purpose) for permission to load her for an outward Voyage to Saint John's, New Brunswick.

Her Majesty's government is informed and believes that during the blockade of the Confederate States it was a common practice for ships leaving the port of Nassau, with the intention of endeavoring to run their cargoes into the blockaded ports, to clear for Saint John's, New Brunswick, and many of them took in their outward cargoes at the anchorages adjacent to the harbor of Nassau. In the application itself, therefore, there was nothing peculiar; but in consequence of the suspicions which had arisen about the ship, the receiver general, before granting the usual permission to load, referred the matter to the governor, and it was brought by him before the executive council of the colony on the 4th June, 1862, when the following order was made:2

JUNE 4, 1862.

At an executive council his excellency the governor, with the advice of the board, was pleased to make the following order:

"1. That the Oreto, if practicable, should take in her cargo within the port of Nassau. 2. That if however it be found impracticable, from the depth of water in port or

1

Appendix, vol. i, p. 16.

2 Ibid., pp. 19, 53.