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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) JULY 22, 1862.

F. J. HAMEL.

No. 14.

Mr. Adams to Earl Russell.

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.

Affidavits first forwarded by Mr 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 accompany- Second reference 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

I No. 12 and inclosures.

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 soug, 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

me.

(Signed)

Mr. Colher.

[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. 1 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 customis, 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 (inclosure 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; but 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.

No. 17.

J. O'DOWD.

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

FOREIGN OFFICE, July 23, 1862. GENTLEMEN: With reference to my letter of this morning, sending to 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.

I am, &c.,

(Signed)

No. 18.

A. H. LAYARD.

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.

Affidavits of Rob

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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 erts and Taylor, for submit to your lordship's consideration the copies of two Adams, with opinion more depositions taken respecting that subject.

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.

Renewing, &c.,
(Signed)

CHARLES FRANCIS ADAMS.

[198]

[Inclosure 1 in No. 19.]

Depositions of Edward Roberts and Robert John Taylor.

[See inclosure 3 in No. 16.]

[Inclosure 2 in No. 19.]

Case submitted to Mr. Collier, Q. C., and his opinion thereon.
[See inclosure 4 in No. 16.]

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 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.

from commissioners of customs.

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.,
(Signed)

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J. G. GARDNER.

evi

[This letter is indorsed by Mr. G. A. Hamilton, secretary to the treasury, "Immediate, July 26. Transmit 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 Heury
Redden.

1. I am a seaman, and have followed the sea for fifteen years. been boatswain on board both steamers and sailing-vessels, and belong to the naval reserve. 2. About six weeks ago I was engaged by Captain Butcher (with whom I have [199] *previously sailed) as boatswain on board a vessel then in Messrs. Laird & Co.'s

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 tolds 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.

Sworn this 24th day of July, 1862, before me. (Signed)

Report of the assistant solicitor of customs to the board, July 25, 1862, referred to in the

preceding No. 20.

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, Fifth report of 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)

CUSTOMS, July 25, 1862.

J. O'DOWD.

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