shipment was actively carried on until between 7 and 8 in the evening, at about which hour the brig went to sea. At about 10 o'clock of the same night cries and noise of putting out boats were heard at the light-house as if proceeding from the schooner. It is supposed that the schooner foundered, and that the boats went out to sea, as nothing further was ever heard of either vessel or crew. I beg further to inform your lordship that two steam-vessels were constructed and partly fitted out at Nantes, during the war in America, for the Confederate States. On my return to my post I shall be in a position to forward all the information connected with them, should your lordship consider it expedient for me to do so. I have, &c., ROBT. CHAS. CLIPPERTON. (Inclosure in No. 22.) Map of the coast of Brest. ASSAC No. 23. Mr. Waddington to Mr. Hammond. WHITEHALL, April 16, 1863. (Received April 17.) SIR: Referring to the correspondence which has taken place relative to the Japan and the Alar, I am directed by Secretary Sir George Grey to transmit to you, for the information of Earl Russell, the inclosed copy of a letter from the lieutenant governor of Guernsey, reporting the steps which he had taken in consequence of the instructions sent to him from this office respecting those vessels. I am further to state that, as the foreign enlistment act (59 Geo. III, cap. 69) appears not to have been hitherto registered in the Channeĺ Islands, Sir George Grey has requested that the lord president of the council will cause the proper steps to be taken for the purpose of its being registered. I am, &c., H. WADDINGTON. [418] *[Inclosure in No. 23.] Lieutenant Governor Slade to Mr. Waddington. GUERNSEY, April 14, 1863. SIR: I have the honor to acknowledge your letter of the 11th instant, giving cover to one from your office of the 8th instant, missent to the Isle of Man, with copy of a letter from Mr. Adams to Earl Russell, dated the 8th instant. Japan and Alar did not visit Alderney. From the statements in the London papers of yesterday, received this morning, it would appear that the Japan steamer had communicated with the Alar at sea, and had proceeded on her voyage, and that the Alar had arrived at Plymouth. There is, therefore, every reason to believe that either of these vessels have been at Alderney. I have, however, requested Captain de Saumarez to proceed immediately in Her Majesty's ship Dasher to Alderney, and to obtain every information respecting these wessels, which I shall have the honor to transmit to you at the earliest opportunity. I have to observe that I have communicated with the Queen's procureur of Guernsey upon the matter, and he has informed me that the act of Parliament 59 Geo. III, cap. 69, is not registered here, in consequence of which he is of opinion that the provisions could not be enforced. I have, &c., M. SLADE. No. 24. Earl Russell to Mr. Adams. cers Substance of re communicated FOREIGN OFFICE, April 21, 1863. SIR: I stated to you in my letter of the 16th instant, that your letter of the previous day, respecting the case of the Japan, otherports of customs offi- wise the Virginia, had been referred to the proper departto Mr. Adams. ments of Her Majesty's government, but I will not delay informing you that Her Majesty's government have received from the authorities at Glasgow, and at Greenock, reports, from which it appears that that vessel was constantly visited while she was in course of construction, and that the surveys seemed to show that she was intended for commercial purposes, and that her frame-work and plating were of the ordinary sizes for vessels of her class. She was entered on the 31st ultimo as for Point de Galle and HongKong, with a crew of forty-eight men. She shipped on the 1st instant the bonded stores stated in the margin1 and she cleared on the same day in ballast for Point de Galle and Hong-Kong. Her Majesty's government are further informed that the Japan left the anchorage early on the morning of the 2d instant, with the ostensible purpose of trying her engines, intending to return, having on board several joiners, who were fitting up her cabins. These men, who are said to have been employed at a later time in fitting up a magazine, were subsequently landed on some part of the coast lower down the Clyde. The custom-house officer who visited the Japan on the evening of the 1st instant to see that her stores were correct, reports that he saw nothing on board which could lead him to suspect that she was intended for war purposes. Her Majesty's government are further informed that she was not heavily sparred, and that she could not spread more canvas than an ordinary merchant-steamer. I am, &c., RUSSELL. [419] * No. 25. The law-officers of the Crown to Earl Russell. TEMPLE, April 30, 1863. (Received May 1.) MY LORD: We are honored with your lordship's commands signified in Mr. Hammond's letter of the 20th April instant, stating that he was directed to transmit to us, together with the Enlistments for Japan, or Virginia. 1 One hundred and fifteen gallons spirits, 32 gallons wine, 244 lbs. tea, 159 lbs. coffee, 212 lbs. tobacco, 10 lbs. cigars, 18 cwt. 3 qrs. 2 lbs. sugar, 2 cwt. 2 qrs. 8 lbs. molasses, 2 cwt. 1 qr. 5 lbs. raisins, 1 cwt. 1 qr. 8 lbs. currants. Opinion of law by Mr. Adams, En pear to have taken Juris tion. dic previous correspondence which has passed on the subject, acers as to state. letter from the United States minister at this court, inclos- ments represented ing copies of depositions which have been made by the Brit-listments do not apish subjects who appear to have been solicited to take serv- place within British ice on board the Japan or Virginia, the vessel which recently left the Clyde with the supposed intention of acting hostilely against the United States; that Mr. Adams likewise incloses list of the officers and men who left Liverpool to join this vessel and of those who refused to take service on board of her; and Mr. Hammond was to request that we would take the papers into consideration, and furnish your lordship with our opinion as to any steps which Her Majesty's government can properly and legally take in the matter. We are also honored with Mr. Hammond's letter of the 21st April instant, transmitting a dispatch from Her Majesty's consul at Brest respecting this case. In obedience to your lordship's commands we have taken these papers into consideration, and have the honor to report That, in our opinion, it is not competent to Her Majesty's government at present to take any steps in the matter to which Mr. Adams's dispatch of the 15th April refers. So far as relates to British seamen who have accepted the proposal made to them in French waters to engage in the belligerent service of the Confederate States, we think that they have offended against the second section of the foreign-enlistment act, and will be liable to be proceeded against for a misdemeanor if they should be found within British jurisdiction; the first part of that section (which applies to the persons entering into such engagements) being in the form of an absolute prohibition, applicable generally to British subjects, without reference to the place where the act prohibited may be done. But, inasmuch as these seamen are not at present within British jurisdiction, no steps can now be taken for their prosecution. With respect to the seamen who have returned to this country, it seems clear that their conduct has been laudable, and not criminal. They were induced, by false and fraudulent representations, to enter into engagements at Liverpool for a perfectly lawful voyage, and afterward, when apprised of the deception which had been practiced upon them, and invited to enter an engagement of a different character, they refused to do so. With respect to Captain Hitchcock, and any other persons who may have been instrumental in inducing the crew of the Japan to take service in her before her departure from this country, it is clear that (howsoever censurable their conduct may have been) they did nothing contrary to the foreign-enlistment act; for it was not until the ship was in French waters that any proposal appears to have been made to any of the men to enter into the belligerent service of the Confederate government, and the latter part of the first section of the foreign-enlistment act (which applies to the case of persons "hiring, retaining, engaging, or procuring" others to enter into the belligerent service of a foreign state) is expressly limited to acts done within the territorial jurisdiction of the British Crown. We have, &c., WM. ATHERTON. Registration of Japan, or Virginia. The Japan said to have been registered No. 26. Mr. Adams to Earl Russell. [Extract.] JULY 7, 1863. (Received July 8.) It is with great regret that I feel myself once more compelled to call your lordship's attention to the circumstances attending the outfit of the steamer called the Japan. It now appears that the vessel was, at the time of her escape, and has continued as the property of until very lately to be, the property of a British subject, residing in Liverpool. That person is Mr. Thomas Bold, a member of the commercial house of Jones & Co. I have information which leads me to believe that only within a few days has Mr. Bold notified the collector of customs at Liverpool of his sale of this vessel to Mr. Bold foreign owners, and requested the register to be canceled. That [420] act was not completed till the 23d *of June last. It would ap pear from these acts, should they prove to be true, that this vessel has remained the property of a British subject during a considerable time in which she has been engaged in committing extensive ravages upon the commerce of a nation with which Her Majesty is at peace. The fact of the outfit of that vessel for hostile purposes has already occupied the attention of your lordship, in consequence of former representations, unhappily made too late for effective interposition. But the circumstance of the retention of the ownership by a British subject for so long a period after she was known to be engaged in hostilities against the United States, is of too grave a character to justify me in omitting to call your lordship's particular attention to it, in advance of the possibility of receiving instructions respecting it. No. 27. Mr. Layard to the secretary to the treasury.1 FOREIGN OFFICE, July 13, 1863. SIR: With reference to previous correspondence, I am directed by Earl Russell to transmit to you an extract of a letter from Mr. Adams, stating that it now appears that the steamer Virginia, or Japan, was, at the time of her escape, and has continued until very lately to be, the property of Mr. Thomas Bold, a British subject, residing in Liverpool. I am to request that you will move the lords commissioners of Her Majesty's treasury to call for a report on this subject from the commissioners of customs. I am, &c., A. H. LAYARD. 1 A similar letter was addressed to the home office. No. 28. Mr. Waddington to Mr. Layard. WHITEHALL, July 16, 1863. (Received July 17.) SIR: I have laid before Secretary Sir George Grey your letter of the 13th instant, inclosing an extract of a letter from the American minister at this court, stating that it now appears that the steamer Virginia, or Japan, was, at the time of her escape, and has continued until very lately to be the property of Mr. Thomas Bold, a British subject, residing at Liverpool, and suggesting inquiry into the correctness of that statement. And I am to acquaint you, for the information of Earl Russell, that, in the opinion of Sir George Grey, such an inquiry would be useless, as the ownership of the vessel is not sufficient to bring the owner within the provisions of the foreign enlistment act. The offense against that act lies in the "equipping, furnishing, fitting out, or arming" a ship with the intent there stated, within Her Majesty's dominions. As, therefore, no proceedings could be taken against Mr. Bold, if it should result from an inquiry that he is or was the owner of the Virginia, or Japan, without additional evidence to the effect above stated, Sir George Grey requests to be informed, before writing to the mayor of Liverpool, whether Lord Russell wishes the inquiry to be made. If Sir George Grey recollects correctly the circumstances, the ship in question received her armament out of Her Majesty's dominions. I am, &c., H. WADDINGTON. No. 29. : Mr. Hamilton to Mr. Hammond. TREASURY CHAMBERS, July 20, 1863. (Received July 20.) SIR With reference to Mr. Layard's letter of 13th instant, I am commanded by the lords commissioners of Her Majesty's Report from custreasury to transmit to you, for the information of Earl toms. Russell, the inclosed copies of a report, and accompanying papers, relating to the question of the ownership of the steamer Japan, or Virginia, which have been received by this board from the commissioners of customs. I am, &c., GEO. A. HAMILTON. [421] *[Inclosure 1 in No. 29.] The commissioners of customs to the lords commissoiners of the treasury. CUSTOM-HOUSE, July 18, 1863. Your lordships having referred to us the annexed letter from Mr. Layard, transmitting, by desire of Earl Russell, with reference to previous correspondence, an extract of a letter from Mr. Adams, stating that it now appears that the steamer Virginia, or Japan, was, at the time of her escape, and has continued until very lately, the property of Mr. Thomas Bold, a British subject residing in Liverpool. We now report |