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Les exemplaires originaux dont la couverture en papiei est imprimvt of the lioyal Coinmissinn a])pointed to inquire into the character, working, and ellect of the Pritish Laws for the enforcement of Neutrality. Vol. IV. Genend Correspondeuco on the " Alabama Claims," presented to Parliament, [61] l]u "All I'll llie (Ji.vonii several voss wlicivns 111, express iij it I'ircui.istiiii" coiiiiiiitti'i part ot lulniitir ^aid chiiiiv AinliniiKi to 1)1' ll|)p( "Ain «lay niter (li'ciilf :! tiiilil in\ari ••.V' the fiilliiwi as applieal Ar'nilrati " A ri( "Fir- jiirisiliclid rill war iil( clepnrtiiri' linviiii; 1)1 ( " Meet Imiio of II iiiililarv SI "TIm jiirimlielii " 111! .vcrnnioii( iif Ilcr nritiinnic Majesty, and still exist, growing out of the nets committed by the several vpssils wliicli luivo ijivcn rise to the claims generically known as the Alabama claims: and whcroiis Ilcr Ibitannic Mujcsty bus authorized licr Hii^li Commissioners and I'leiiipotentiaries to express ill a friendly sjiirit tlic renrct fell by Her Abijesty's Govenunent for the escape, under whatever circui.istiinves. of the Ali\bnnia and other vessels from Hritish ports, and for the depredations connnilted by those vessels; now, in order to remove and adjust all complaints and claims on the pari ot' the I'nited .Slalts, and to provide for the speedy sttilement of such claims, which are not admitted by Iler Ibilannic Majesly's (iovernment, the !liu:h Contracting Parliew aj^rcc that all the said elain's, ;;rowin!j; out of acts coiuniitted by the aforesaid vessels, and generically known as the Alahnma claims, shall be referred to a Tribunal of Arbitration, to be composed of five Arbitrators, to he appointed in the following; manner: — H ■», * # m * " AH'nii.K II. — 'I'he Arbitralurs shall meet at Geneva, in Switzerland, at the earliest convenient day after they shall have been nunied. and shall proceed impartially and cari'tully to examine and drciile ii'.l (puNli.ins ihat shall he laid hcfore lluin on the part of the (iovernments of Iler Britannic Majesty and llie t'niled Stales lespcclivily. All (pieslions -onsidered by the 'rribuiial. including the final award, shall he decided by a majority of nil the .\rbitrators. * ; ■ ■ * * i)< i|f " .Vi I'lci.K \'f. — In decidinK the matters submilled to the Arbitrators they nlc i be j{overnc(l by the following three rules, which are ai^reed \i)iiin by the llinh Ciintractin« I'arlies as rules to be taken Hi anplicable to the case, and by such principles of international law nut inconsistent therewith as the Arl)ltrators shall determine to luivi' been applieuhle to the easel — " A neutral (biveriiinont in bound — "First; To use due diligence to prevent the littinif out, armin){, or equipping, within its jurisdiction, (if any vessel which it has reasonable grounds to lielieve is intended to cruize or to carry on var against a Power with wbicb it is at peace; and also to use like diligence to prevent the departure fnini its jinivdiclion of any vessel intended to cruize or carry on war as above, such vessel hnviiit; In I'll snceially adapted, in whole or in part, within such jurisdiction, to warlike use, ''Secondly: Not to permit or sutler either helligerent lo make use of its ports or waters as tlio Imte of naval operations against the other, or for the purpose of the renewal or augnientntion of military supplies .ir iiriiiH, or the rei'rnilmcnt ol men. " 'riiM.lly ; 'lo exercise due dilii;eiiee in Us own ports or waters, ami, as to all persons within its jiirisdictinii, to prevent anv violatioii of the fiiirgoing obligations and duties. " Iler nrilaiiiii(! Majesty has commandeu In r High Cuiumissioners and Plenipotentiaries to declare that Iler Majesly's Uoverntiient cannot assent to the foregoing rules as a sinteiiieiit of Part I. Introductory statement. '• nrinciples of interiiRtional law which were in force nt the time when tlie olnims mentioned in Article I arose, but tliat Her Majesty's Government, in order to evince its desire of strenglhening tlie friendly relations l)etwcen the two countries and of making satisfactory provision for the future, agrees that, in deciding the questions l)et\vpen the two countries arising out of those claims, the Arbitrators should assume that Her Majesty's Goverhmctit liiul undertaken to act u)ion the jirinciples set t'orlh in these rules. And the High Contracting Parties a;ree to observe these rules as between themselves in future, and to bring them to the knowledge of otlur niarilime Powers, and to invite them to accede to tlietn. " AuTiciK VII. The decision of thi' Tril)unid shall, if possible, be made witliin tlirce months from the close of tiie argument on both sides. It shall be made in writing and dated, and shall be signed bv the arbitrators who may .issent to it, The said Tribunal shall first determine as to each vessel separately whether Great Britain has, by any net or omission, failed to fnKil any of the duties set forth in thi- foregoing three rules, or recognized by the principles of ihlcrnutional law not inconsistent with such rules; ano shall certify such fact as to ciicli of the said vessels. In case the Tril)\inal find that Great Britain has failed to fulfil any duty or duties as aforesaid, it may. if it think proper, proceed to award n sum in gross to be paid by Great IJritain to the Cnited .States for all the chiims referred to it ; and in such case the gross sum so afrarded shall be paid in coin by the Government of Great Britain to tli ' Govenmieut of tlie United States at Washington within twelve months after the date of the award. ****** "AiiTicLE X. — In case the Tribunal finds ti it Gret.1 Britain has failed to fulfil any duty or duties as aforesaid, and docs not award a cum in gross, the high ('(Uitracting Parties a'^ree that a Board of Assessors shall be appointed to ascertain and determine what claims are v.-did, and what amount or amounts shall be paid by (ireiit Britain to the United .States on account of the liability arising from such failure as to each vessel, according to the extent of such liability as decided by the Arbitrators. ****** " AuriCLE XI. — The High Contracting P.trtics cng.igc (o consider the result of the proceedings of the Tril)unal of Arbitration and of the Board of Assessors, should such l)oard be a])pointed. ns n full, jierfi ct and final Settlement of all the claims hcninbcfoic referred to ; and further enga; e that every such claim, whether the s;i ne may or may not have been ))R'scnted to the notice of, niadc, preferred, or laid before the Trihuii;. or Board, shall, frnm and alter the conclusion of the proceedings of the Triliimal o'' Board, be i-oiisidcrcd and treated as finally ^cltl'd, barred, and thcn(-i.rorlli inadmissible." The second of tlie nbovc " Rules" is umlerstood by Her Miijosty's Government as proliibitiiig tlic use of the ports or waters ui tiic neutral lor the renewal or tiuginentiition of military supplies or anus, only when such .siijiplies or arms are for the nerviee of a vessel cruizing or earryinu; on war, or intendcii to eniizo or carry on war, auiainst either l)elliji;ercnt; and ns not prohihitint; any sale of arms or otiier military supplies in the ordinary eoursc of comimicp ; and llcr iMnjcsty's Oovernmont imvi! no loason to believe tiint it is otlierwise understood by the (jovernmenl of the United States. The claims, then, wliicli are referred to tiie 'riihunal, are "claims prowiii!'. (uit of the acts of" certain vessels, in rc-ipecc of whicli the (ioverinncnt of the United States alleges tiiat (ireat Britain has failed to fulfil some inter;iali(iiiid duty. Tiie duties specilically lueiilioned, and to which the atleiition ol tiu! Trihumd is directed, niv duties to be per(()rmi'd by a " neutral (lONcnunctit," as such. As to ench vessel separately, the TribiMi:d is to determine whether there has or has nt)t been any failure of duty on llie part of Mer .^lujesty's (iovcninient. If, in the judiftnent of the Tribim.d, there has been such n (iiilun- in respect nf any specified vessel or vessels, the Tribunal may adopt, at its di.s(;ri'ion. lilher of two coiu'ses. It may, on the one hand, award siieb n uiciss sum ns the Arltilialors may deem just to be paid by (tieat Uritniii, ii\ (nil siitisfaelion of nil wcll-toundcd claims imi the part of the United .Slute.s, "growing out of the acts" of the vessel or vessels in respect of which there has been » failure of duty ; or, on the other hand, it may content ilsilf with i! cidinu;, as to c;ich or any vessel in iespi'(t of «hich (iicre has been a failme of duty, the me;i;Mire or exttMit of the liability winch nn ^'ciicral principles may justly be d( emed to have been ineiiiTed by siicli (iiilnrc. In the event of the .seciind toiirsc bciiif,' chosen, the ollice of examining; and ndjudiratinj; on the Miliditv of particuiiir claims "growing out of the acts" of the specilied vessel ur vessels, and of (ixing the sum or sums o( luoney to be pitid on account of each, according to the meiistuc of liiibilily laid down by the Tiilnma!, is remitted to a Hoard of Assessors, for eonstilutin" which provision is made by Article \. In cllcel, therefore, the Tribunal is called upiai to dclcrmiiic whclhcr, in respect of certain vessels not designated by name, the (iovernmcnt oftiicat Urilaiii, ns a uculrnl I'owcr. has made default in the performance of any international oMimilioii due from that I'ower to the Tniled .Stiili > Mioiild this (piesiimi he nnswcivd in t'ne ntliiuiative, the Tiibiinal Is thru to f)rm .1 iiidg'iient on the cxtcnf "I the liiiltiliiy. if any. iiiciiried by the default, and is ciilM'r f(» award a gross sum jn salisjuetion of all Just cliiiins, 01 (o ieline the neiieral limits of the liability as to each vessel, for the L-indanee of the Assessors. The cluiniN \Wiii li may be pre-iiited t > the Tribunal, and to which alum it is to have icganl in making it of which J The designatec class of c assumed i corresponc Claims." the mass mode of s was a ves: stated bel Confederal Majesty's Treaty), " have been circumctan in respect 1 States on 1 which hav( known as close of ll by the Mil a vessel ca United Stc respect of in that des any such el ment a\var( Her Britai referred to above nami 'J'hu c ports, and consideratit ns will hei (jovernmci any lailurc liable to persons in Crown. Vc- three "r are to be llritaiii .1 tiuiis ineii iiit liiatie applicable ment lias tioiial law arbitration United Sti accord ^^il selves boil dominion arisen bel\ expressed assume (11 eonsti'U d tiiinal rul( States will cason to believe making its award, are claims "growing out of the acts" of the vessels (if any) in respect of which a failure of duty shall be jjroved. The vessels to which this inquiry relates are (as has been already remarked), not designated in the Treaty by name ; they are only indicated by reference to a particular class oi" claims, to wiiich their " acts" are said to have given rise. These claims are assumed in the Treaty to h.ive become familiar to both Governments, in the course of the correspondence which has passed between them, under the general title of the " Alabama Claims." They are assume J to form a distinct class, well known, and easily separable from the mass of niiscelhineous claims arising from other sources, for which hitter a ditterent mode of settlement is provided by Articles XII to XVII of the Treaty. The Alabama was a vessel which sailed from the port of Liverpool, under circumstances which will be stated below, and was afterwards employed as a cruizer in the naval service of the Confederate States. The phrase " The Alabama Claims" is understood by Her Britannic Majesty's Government to embraee all claims " growing" (to use the language of the Treaty), " out of acts committed by" this vessel, and by other vessels which are alleged to have been procured, like the Alabama, from British ports during the war, and under eircumrtanocs more or less similar, and to be confined to such claims. The only vessels in respect of the acts of which claims have been made by the Government of the United States on that of Her Britannic Majesty, either during the Civil War, or in the six years which have elapsed since its termination, are the Alabama herself, and the vessels formerly known as the Florida, Georgia, and Shenandoah. On one occasion, indeed, since the close of the war, namely, in a despatch dated 27th August, 18G6, and communicated by the Minister of the United States to ller Majesty's Government, mention was made of a vessel called the Sumter, as one of those in respect of which the Government of the United States conceived itself to have claims against Great Britain. But no claims in rcsjject of the Sumter were in fact included in the detailed list which was inclosed in that despatch and then presented to Her Britannic Majesty's Government, nor have any such claims been presented before or since. Nor is Her Britannic Majesty's Ciovcrn- ment aware of any grounds on which such claims could be made with any show of reason. Her Britannic Majesty's Government is therefore entitled to assume that the claims referred to the Tribunal are claims "growing out of the acts" of tiie four vessels above named, or of some or one of them. The cireumstanees under which tlicce four vessels respectively sailed from British ports, and cam(! into the jjossession of the Government of the Confederate States, and tiie considerations which the Tribunal will be called upon to apply to them respectively, are, as will hereafter he seen, dissimilar in very material respects. Her Britannic Majesty's Government, however^ maintains that in respect of none of them was there, on its part, any failure in the discharge of intirnalional obligations rendering Great Britain justly liable to make reparation to the Unile.e, and to be reciprocally observed in future by (ir^at Mrilain and the United States. These rules purport to lay down ceitain s|)eeilie obliga- tions incumbent in time of war on neutral Towers. By them, and by such principles ot' iut rniilioiial law not inconsistent with them as the Tribunal shall determine to liavi; been applicable to the case, the Tribunal is to be governed. Her Britannic Majesty's (70\(rn- ment has declined to give its assent to these rules as a statement of principles of interna- tional law which were actually in forte at the tinii- when the claims now submitted to arbitration arose. But by Her Ih'itanuie Majesty's Government, as well as that of the United States, they uru believed anil intended to be not at variance but n\ subsluntial accord \\ith ilie gcncial prindplcs of that system by which both Powers alike hold th.'ni- selves bound, which llii-y idiUe desire to preserve sacred and inviolate, anil Irom the dominion of which neithei' of them proposes to withdraw the (pie^tions that hiwe unhiippily arisen betwicn them. .\('(epliug the rules sincerely and wilhuut reserve, in the manner expiPHScd in ♦he Vlth Article of the Treaty, Her Britaiinit! Majesty's (iovermmnt will assume (as is, indeed, clearly implied in the terms of that Arti(le> that they are to bo eonstiu il with iiien'nce to, and in connection with, that lon^-established body of inteiini- tionid ndcs and usages which was and still is connnon to Great llrituin and the United Stales with other civilized people:). Parti. Introductory statement. n Part II. IntroductoiT stutcment. PART IJ. Statement of Events which attended and followed the Comnience- nient of the Civil War, and <>f the Course pursued in relation to it by Great Britain and other Maritime Powers. Before npproaching the cases of the vessels to which the claims in question are understood to relate, it is necessary to state concisely tiie previous course of events, and to place clearly before the Tribunal the course of conduct which had been pursued durina; the earlier period of the war by Her J3ritannic Majesty's Government. General Propositions. be in The following propositions are believed by Her Majesty's Government to accordance with the i)riiicij)lcs of international law and the practice of nations : — 1. It is the tluty of a neutral Government, in all matters relating to the war, to act impartially towards the belligerent Powers ; to concede to one what it concedes to the other; to refuse to one what it refuses to the other. 2. This duty, inasmuch ac it flo\v< directly from the conception of neutrality, attends the relation of neutrality wherever it exists, and is not affected by considerations arising from the political relation which before the war the belligerents may hi..'e sustained to one another. :S. Maritime war being carried on by hostilities on the high seas, and (luoiigh the instrumentality (ordinarily) of vessels commissioned by public autliority, a neutral I'owcr is bound to recognize, in matters relating to the war, commissions issued i)y each belligerent, and captures ma.ippi, Alabama, (Jcorgia, F.ouisiinia, and 'IV'.xas — had one by one formally renounccl their allegiance to the liiion. and declared themselves independent. They had formed themselves into a se|)arati' Conlederation, under tin- title of the " Conledeiate States of North AnKrieu;" had adopted a Federal Constitulion, instituted a Federal Legisluture, Hxeeutive, nml .hidiciary : taken measures to raise an army of U'i,l,(iO() men, and appropriated sums of money amounting to 2,()29,-48.') dollnrs (ecjunl to more than l(i,(i()(),()()0 francs) towards the creation of a navy. This series ol events connnenced in NoveMd)er iHlilt, mid w.is conipli'led helore the end of March 1^(51, at which time the Conli'derate l.egislau're had be/n lor more than a month in session. In April iHfil hostilities commeneed hctv.een the (iovernment ot the Union and the Confederated States of the South; ami shortly allerwards four other Ktates-Nirginia, North Carolina. Temiesse<', and .\rkansas — likewise separated tiiemsrlves from (he Union Mild joined llie i onUdeiiiey, whieli thus embraced a vast and compact lerritorv, t'\lcn said bli if till' .same .sent Li) (lie dot'incd a(h By a extended I On tl Fnvoy at he furnish mannci' ii Mv. Sewai according ncndids, a To th '•' .Sir, " 111 I'C llic I 'lis ill " 1. Til nafioiis. " ;.'. Til (lic'.cd pin'is. •• ;!. Till liiiii' lor (Ici The the port principal A coiisii aliened 1)1 hiali se.is of the [ sentence ml is the big nu lit of t '• To '/(' /ill III. .'iii< licllini'iciil In a " nil. illMIITU'tioi as will eoiii liiiii ; mid I ti'iM'iiinnii (li'iiiand-.. Unit .1 slati' I'irciiiiislaiK .uiiiiil.t 'lie I • A|)|u. -'•^'mm rnnicnt to be in .Part II. President of the United States issued a Proclamation calling out militia to the number of 75 000 men.* On the 17th, Mr. Jefferson Davis (who had been elected in February to the In'roduc'ofy cffi'ce of President of the Confederate States) published a counter- Proclamation, inviting ' " *™*" " applications for letters of marque and reprisal to be granted under the seal of the Confede- rate Stales against ships and property of the United States and their citizens.! By a further Proclamation, dated the H)th April, Prtisident Lincoln, after referring to the proposed issue of letters of marque, declared that he had deemed it advisable to set on foot a blockade of the poits within tiic seven States then in revolt, "in pursuance of the laws of the United States and of the law of nations in such case ])rovided."| " For this purpose a competent force «ill 1)c posted so as to prevent entrance and exit of vessels from tlic -iDrts aforesaid. IF, tlierefore, witli a view to violate such lilockacle, a vessel sliall upproacli, or shall attempt to leave, any of the said ports, she will be duly warned by the Commander of one of the said hlockndio"- vessels, who will endorse on her register the fact and date of such warning; and if the same vessel shall again attempt to enter or leave the blocUaded port, slie will he captured and .sent lo ilic nearest convenient port I'ur such ])roceedings against her and her cargo as prize as may be deemed advisahle." By another Proclamation, dated tlie 27th April,§ the blockade was declared to be extended to tin- ports of Noithcrn Virginia. On tbo publication of these Proclamations, Lord Lyons, then Her Hritannio Majesty's Envoy ot Wasbiiigton, rcipiestcd of the Government of the United States lliat lie inight be furnisiH (1, for tiic £;uidance of British merchants, with dclinite information as to the jnaimer in which tlu' blockade a as to be enforced. Me was assured, in reply, by Mr. St'-.vard, then United States' Secrcfary of State, that it would be conducted as strictly according to the recognized rules of jiublie law, and witii as nwich liberality towards neutrals, as any blockade ever was by a belligerent. || To the Minister of the Queen of Spain Mr. Scwavd wrote as follows : — 11 '• .Sir, " In iicknowledging the receipt of your nntc of the .iOtli idtimo, on the subject of the blockade of the I >rts in several of the Ntatcs, 1 deem it proper to state tor your further iidormntioM !— " 1. That the blockade will he strictly enforced upon the i)rincii)lcs rceognieed l)\ the law of nations. " ,'i. That armed vcsials of neutral States will U-<\c the rii'.ht to enter and dep u't fron\ the inter- dicted |)orts. •• ;!. Tiiat nn'rehant-vcssels in port at the lime i he blockiide took cfTcct will be allowed a reasonable time for (Icnarlnre. "I avail, &e. (Signed) " W. U. SnwAUD." The blockade declared by tbi torching Proclamations was actually instituted. a~; to tlic ports witliin the State of \'ir;;inia, on the .'lOtli April ;*| and was extended to the principal ports on the seaboard of the other Confederated States before the end of May. A c(Misiderab!i' number of neutral .siiips and cargoes were captured for breaches or alleged breaches of blockade, some at or near the mouths of block. uled ports, others ou the high seas. \ esscN or cargoes so cnptuicd were carried belorc. and coiideiiined by. Courts of the Ifuited States exercising juri>;di(tion in matters of jirize ; and flic validity of the sentences thus pronounced was upheld by the Supieme Court of the United States, which is tlie highest Court of Appeal in such matters. Air. .lustice (Jrier, in delivering the judg- nuut of the Court on this question said : — " To legitimate the capture of a neutral vessel or property on the hi;-,li seas, a war must exist //(■ /(/(/«. ami the neutr.'l must have a knuwIeiUc or notice of the intention ot (uie of the jKirtios liclligcrcnt lo usi^ this mode of coercion against a |)ort, < -ty, or territory in possession of the other." In 11 subsecpient part of (he snme judgment he added : — •• W hcihcr the President, in fullilling his duties as (Jonunanderin-rhief in suppressing ni\ iiisurru'tioii, has nu't with such armed hostile resistaii"-, and a civil war if such ahirmin^r proporiioiis as will com))el him to accord lo thcni the chiu'acte .' hclligcreuls, is u rpu'slion to he decided hy hiin; and this Court must he governed hy the decisions an.l acts of the I'olilical Dcparlmenl of lli'e (iovernmciil, to which this power was ciiti"uslcd, lie must delermine what degree of lorce the crisis demands. The !»roclamali(U\ of the Ido 'kadc is itself otlicial and C(Uichi.sivc' cviilenee lo the Court that a slate of war existed which demanded and aiilliori/cd a rec(mrve to such a nuasure uiu.Vr tlie circmnslanecs peculiar to the ease. The i'orre>!p. ndoiicc of T.nrd Lyons wit' tie Sim r tnrv of S|, le iidiiiil.s llie fact, and concludes the (jUOslioji." * Appendix, vol. ill, p. 2, il Uiid., pji. lo, 11. Ibid.. p. I. I Ibid., p. (1. \ Iliid., p lo. S Mmh.p. |1. Part II. Introductory utatemeut. 6 On the 3rd Moy, 1861, President Lincoln directed that the naval force of tlie United States should be increased by the enlistment of 18,000 ad.iitioiial seamen, and their Imid forces by fifty additional regiments, partly of regular iroops and ^mrtly of volunteers, with an aggregate maximum of 04,748 m n. It is needless to refer particularly to the suljsequent history of th': war waged on the Ameiican Continent. It is well \inn\m th:.!; the forces of the United States, attempting to penetrate into Virginia, encountered a sev?re defeat; tliat great armies were raised on botii sides ; that l)ostilities were named on over an immense area, with varying fortune, for nearly four years; and thai the contest terminated, in 1805, in tlie complete reconquest of tl:e eleven Confederated States, which, after being held for a considerable time under military control, were finally readmitted to their original position in the Union. The events stated above are matters of general notoriety, recorded in the history of the period. On the 30th April, 1801, Mr. Jefferson Davis, as President of the Confederated States, addicssed to the Coiigress of those States a Message, wliioh contained the following passage : — " The operations of tlie Navy Department dav. been necessiirily restricted by tiic fart that sufticient tiinr has not yet ekps^ed for the purcliaoc or construction of more than a limited number of vessels ncla])tcd for the public service. Two vessels have been p.cparod ami manned, the Sumter and JlcUao, and iirc now being prepared for sea at New Orleans with all possible dispatch." On the Ist May, 1861, Mr. Seward, Secretary of State of the United States, addressed to the British Minister at Washington a despatch of that date, which contained the following passage : — * " The si)-ca".cd Confederate States have waged an insurrectnnary war against this Government. They are buying, and even seizing, vessels in several places for tin; purjiose of furnishing themselves with a naval force, and they arc issuing letters of marque to privateers to he employed in jireyiiig on the commerce of th.s country. You are aware that the President has proclaimed a blockade of the ports included within the insurgent States. All these circumstances are known to the world." On >^Iic 0th Mayj 1801, the Congress of the Confedei'ate States passed an Act intituled, '-.Mi Act recognizing the Existence of War between the United States and the Confederate States, and concerning Ix;tters of Marque, Prizes and Prize Good'^."t The lirst s'ction cl this Act was as follows: — '■ The Congress of the Confederate Slates of Ameiica do cnnct, that the President of the Con- federate .States is lierchy authorized to \isc the whole land and naval force (,f the Confederate States CO meet the war thus eommcMecd, and to issue to private vessels commissions or letters of niarrpie and general rei)risal. in such form as he shall think proper, under the seal of llic Conl'ederate States, against the vessels, ^oods, and efVeets of the United States, and of the citizens or iiiluihilants of the Slates and tcrritcries therccif ; [jrovidod, h(,»i'ver, that ])rli their (leslination ; ar:d fiueh vcssi Is and iheir cargoes, excepting articles () men, then in the oenid sum of Kl.iMiO dollars, v.itli coiidilion that fheoMiiers, ottiiers, and crew who shall he CMiploved on hoard such ccMimissioncd vessel shall and will observe the law.' Ill ihe Confcileriite Sintis, and the inslrue'.icMis which shall Im' given Ihcni aieordin;; to law for the ic:;uliilioii of their eoiidui I, and will satisfy all danuiges and iiijuiies whi h shall l;e done or Cotnmilleil ciiiilrary lo the linor thciripf liy such Visscl durini; her cummissioM, and to deliver up the same when icvoKcd hy the President <>{ th'e ('(UilVderate States " " 7. 'I'liiit before b-"aking hulk of any vessel Hliieli shall hi' captured as aforesaid, or other dispoMi or convcr';:OM thereof, or of any articles v.hich shall he found on board llic »ninr, such cnjitured vessel, • Appendix, vol. ii', p. IJ t Ibid., p. HI. goods, or amity will after condi capturing goods, and courts of t Admiralty States into decree resti if made wit which the c liable." A fur f hereof," v Jfay, 1861 JMany themselves whom emp In anci tonnage, w( considerable as public sli service of t armed vesse upwards of Winslow, ar (to which r Na..Iivillo in Chickamaug. from sixty t( ll appci that the mur the war, (or I I'he m:i to m.intnin holding that had unhiippil| the fuliire of Of all fl the ir-tivity ol [tlio extent anl leonimereial n[ coast hilt ovc, alfectcd by al IPritaiii. j)().ss(l On the jProciaiiialion,! jsuhjcels ill gc| I" Victoria 1(, " WliercLsl "And whj Slates of Antei "And whJ lh))al (Ictermitl |l.'oiiteiidiiiir p,||l ' U'e iherT iJi'val IVoclaiiiJ ■And UVf li'iilndily in anl fie hnvs and st J pi««er to III, .\iid v\ iiii ^iiig (jeorgo ll ; of the United and their liuid r of volunteers, IV waged on the ites, attempting were raised on varying fortune, plcle reconquest able time under nion. _ 11 the history ot he Confederated led the following \ by tiic fiw-t that limited number of iiuiucil, llic Sumter lispatch.' States, addressed ch contained the 3t this Government, nnishing themselves plovcd in in-eying on Hi i blockade of the J the world." cs passed an Act cd States and tiie ze Good^."t The l-csident of the Con- c fonfedciKte States letters of mavcjuc aiul .deiHle StHtcs, iii^ain^t .nts of llu' Slates anil :r eontiiihaiul of war) and piovid.d further, its of till- Confederate , in the scrviep of the icatioii of this Art to ,cs. exeeplio!,' artielcs ■io(h unless tliey shall ul ports. the eoiuliliiins on ,iu' riindtut and . of ini/es made hy 1 and eiiforc.'d with ot' Kniope. i^Mied us aforesaid I, and the eomnuinder kasl two resimnsiblf ucli vessel l)e provided ilioM lliiit tlie o'vnerv, .Isdl and will observe uMii iiceordini; to law " ' V done or l,i li shal! to deliver np the ireMiid. or other disp"""' p, Hueli eaptured vos>el, ffoods or effects, shall be brought into some port of the Confederate States, or of a nation or State in amity 'with tlic Confederate States, and sliall be proeneded against before a competent tribunal; and after condemnation and forfeiture thereof shall belong to the owners, officers, and crew of the vessel capturin" the same, and be distributed as before provided ; and in the case of all captured vessels, Eoods and effects which shall be brouglit within the jurisdiction of the Confederate Staten, tiie district courts' of the Confederate States shall iiave exclusive original cognizance thereof, as the civil causes of Admiralty and maritime jurisdiction ; and the said courts, or the courts beingcourtsof the Confederate States iiito whicli such cases shall be removed, in wliich they shall be finally decided, shall and may decree restitution in whole or in pai c, when the capture shall, have been made without just cause. And, if made without probable cause, may order and decree damages and costs to the party injured, for which tiic owners and commanders of the vessels niakii.g such captures, and also the vessels, shall be liable." A further Act, intituk'd " An Act regulating the Sale of Prizes and the Distribution thereof," was iilicwisc ;>asscd by the Congress of the Confederate States on the 14th of May, 1861.* Mnnv persons who liad served as officers in the Navy of the United States oifered themselves for emidoymcnt in tlie naval service of the Confederate States, and those for whom cii)[)loyinent could be found were received and employed in such service. In and soon alter the month of May, 18G1, a nninber of armed ships, mostly of small tonnage, were fitted out in and sent to sea from ports in the Confederate States, and a considerable number of captures were made hy them. Some of these were commissioned as public ships of war of the Confederate States, and commanded by officers in the naval service of the Confederacy ; others as private ships of war or privateers. Among the armed vessels which were so lilted out and made prizes were the Calhoun, a steamer of upwards of 1,000 tons, sent to sea in May, IStil ; the Jeff. Davis, Savannali, St. Nicholas, Wiuslow, and York. More than twenty prizes were made by these vessels. The Sumter (to which reference will he made hereafter) went to sea in June I8(il ; the Salli ; aiul l^ai.hvilie in Octol)L'r, 18(il ; the Echo in 18()2; the Retribution and JJoston in 180'. ; the Chickamauga, Olusice. and Tallahassee, in 18()4. These vessels are stated to havu taken from sixty to seventy prizes. It appears from an ollicial Report of the Secretary of the Navy of the Uin"ted States that the luimber of vessels captured and destroyed by vessels of the United Slates during the war, for breach of blockade or in battle, exceeded 1,'200. Neutrality of the Maritime Powers. The maritime Powers, on receiving information of tlte outbreak of the war, icsolved to in.int:iin a strict and impartial neutrality in their relations with tlie belligerents, holding tliat it did not belong to them, as (Jovcnv.ncnts, to decide on the (jiiestion; which had unhappily divided tlie Amerieuii people, nor to take any part in the contest on which the fiilnre of the Ainciican Commonwealth appeared to depend. Of all the nations of the world, (ireat Britain, by reason of her geograidiical position, the a- tivity of her manufacturing and trading industries, her vast commerce with Aiu'iiea, the extent and number of her Transatlantic [lossessions, the magnitude of her military and commercial marine, and its dispersion not only over the .seas bordering on the Anieriean coast but over every p:n't of the world, was the Power most immediately and prol'oimdiv aft'ected hy a civil war in the United States. The European Power which, after (ireat Britiiin, possessed tlic largest marine was France. On (lie 1 Ith May. 18()1, Her Hritamiic Majisty's (ioveinme.it issued the following IVoclMination, intended for the information of the officers of the Govcinmcnt and of 15ritish subjects in general : — t f' Victoria U. " Whereas We are happily at ])cace with all Sovereigns, Powers, and .States ; "And wliereas hoslihlies have unhappily comnienced between the (iovernnient of the United Slates of .\ineriea and certain States styling theinselves the Confederate S'tates of .Vnieiica; ".\ud whereas We, hv'urj, at peace with liic (invennnent ol the I'nited States, have decl.\red O ir ^toval dclernrmation to nniintain a strict and impartial neutrality in tiie contest between the said ."oiitciiding Parties ; " We therefore have lhon;;lit lit, by and with the advice of our Privy Council, to issue this Oui |{(>v:d IN'oehinialion. ".Villi We do hereby s'rii'tly charge and command all Our loving subjects to observe ii strict li'iitrality in and durnig the aforesaid hosiiiities, and ti abstain frnm violating or cimtravening either l;i\\s and ^talntcs of the realm in this behalf, or the law of nations in relation thereto, as thev v.'ill [iiswer to til c.intrary at their peril. " .\nd wiicrcas in and bv a certain Statute made and passed in the ."iDtli venr of Mis ^Vlajestv I.; (ieiirge 111, intituled "An Act to prevent enlisting or engagement of His .Majesty's siilijeets Part II. Introductory Uiiteniont. i;i. Appumltx, veil, iii, l>. Id. t Ilml.,1). 17. Part II. IntTfiductory Btaterri at. 8 to serve in a foreign servlo?. un(\ Hie fitting out or equipping, in His Majesty's dominions, vessels for warlike purposes, without His Majesty's licence, it is amongst other things declared and enacted as follows : — , . , • 1 • 1 , , "'That if any natural-born subject of His Majesty, his lien-s and st-jcessors, without the leave or licence of His Majesty, his heirs or successors, for that purpose first had and obtained, under the Sign Manual of His Majestv, liis heirs or successors, or signified by Order in Council, or by Proclamation of His Majestv, his heirs or successors, simll take or accept, or shall agree to take or accept, any military comm'ission, or shall otherwise enter into the military service as a commissioned or non- commissioned officer, or shall enlist or enter himself to enlis., or shall agree to enlisf < • to enter himself to serve as a soldier, or to be employed or shall serve in any warlike or military operation in the service of or for or under or in aid of any foreifjn Prince, State, Potentate. Colony, Province, or part of any province or people, or of any person or persons exercising or assuming to exercise the powers of 'Government in or over any foreign country. Colony, Province, or part of any jvcuvince or people, eitlicr as an officer or .sol(lier,'or in any other niilitarv capacity ; or if any natural-born subject of His Majesty shall, without sueli leave or licence as aforesaid, accept, or agree to lake or accept, any commission, warrant, orappointment as iin officer, or shall enlist or enter himself, or shall ngiec to enlist or enter himself, to serve as a aailor or inaiine, (U' to be employed, or engaged, or shall serve in and on board any ship or vessel of war, or in and on board any ship or vessel used or fitted out, or equipped or intended to be used, for any warlike )iurpo.se, in tlie service of or for o'- under or in aid of any forei'Mi Power, Prince, State, Potentate, Colony, Province, or part of any province or people, or of any person or persons, e.vereisinr; or assuming to exercise the power.s of (joverninent in or over any foreign country, Co'onv, Province, or part of any urovincc or ])e jple ; or if any natural-born subject of His Majesty sli ill, without such leave and licciii'e a.- aforesaid, engage, contract, or agree to 'j.0, or shall go, to any foreign State. Country, Colony, Province, or pait of any province, or to any place Inyoiid the seas, with an intent or in orclei to enlist or enter hiiiihelf to serve, or with intent to serve in any warlike or niilitaiy operation whatever, wiictlur by huid or bv sea, in the service of or for or under or in aid of any foreign Prince, Stite, Potentate, Colony, Provint'c, or [lart of any province or jieople, or in the service of or for or under or in aid of any person or pcrsoi:s exercising or assuming to exercise the ])oweis of Gnvernnieiit in or over any f(ncigu Counlrv, Colony, Province, or part of any province or ])co))le, either as an oHieoi (;r a siildi •, or in any <.llicr military eaiincity, or as an officer or sailor or marine in anv sucli sliip or vessel as aforesaid. alllioui;)i no e;..isling mo;'.cy or pay or reward shall have been or shall lie in any m either of the cases aforesaid actually paid to or reccivec' by liiui, or Iiy any nciSon to or f(n' liis use or bcnelit: or if any per.von whatever, within the United Kingdom of (Jreat Rritiin and Ireland, or in any part of His Majesty's liouiinions elsewhere, or in anv Country, Colony, Settlement, Island, or [.iac.! belonging to or siii.jecl to His jMajesly, .shall hire, retain, engaiie, or procure, or slinll attempt or endeavour to hire, retain, engage, or procure, any persmi or jiersons whatever to enlist, or to enter or engage to erilist, or to serve or to he employed in any such service or em|)loyinents as aforesaid, as an officer, soldier, sailor, oi marine, either in land i(l(leii to all Spaniards to enlist in tiie belligerent armies, or take service on board of vessels of war or privateers. " The Minist * Ai)j)en(lix, vol. iii, p. 22. ■j- Ibid., ji. 23, MMI suivante, que ins nos dits ports " ' Napoleon. le, 186 1, issued by or equip any piivntecr cs, or tiike seivk'c 11 " Art 1- My subjects will abstain from every act which, in violation of the laws of the kingdom, can be considered as contrary to neutrality. • v, , ^. , ,■ , " Art. 8. Those who violate the foregoing provisions shall have no right to the protection of my Government shall suffer the consequences of the measures which the belligerents may dictate, and shall be punished according to the laws of Spain, "Signed with thb RoyaLi Hand. « The Minister of State, r. ii » » " Saturnino Calderon CoUantes." The following public notifications were, previously to the 16th June, 1861, issued by the Governmeiit of the King of the Netherlands : — • (Translation.) , " The Hai/ue. " In oljedieiice to the King's orders, the Ministers for Foreign Affairs, of Justice, and of the Marine, present to the knowledge of all whom it may concern, that to guard against probable difficulties durin" thcdoulitful complications in the United States of North America, no privateers under any Hag, or provided with any commission or letters of marque, or their prizes, shall be admitted into our havens or seaports, unless in case of distress, and that requisite orders be issued that under any circumstances such privateers and their prizes be required to go again to sea as speedily as possible. " The Ministers above named." (Translation.) , . . . . . " The Hague. " The Minister for Foreign Affairs and the Minister of Justice, by the King's authoufy, warn, bv these presents, all inhabitants of the Kingdom, that during the existing disturbances in the United States of America they in nowise take part in privateering, because the Netherlands Government has acceded to the Declaration upon maritime rights set forth by the Paris Conference of 1856, whereby, among other matters, privateering is abolished, and no recognition of commissions obtained for letters of marque is permitted. Also that commissions and letters of marque, in conflict with the aforesaid prohibition, which may be issued to inhabitants of the Netherlands cannot have legal effect in behalf of the King's subjects, or of any abroad who are in subjection to the laws of the Kingdom. Those who, under such circumstances, engage in privateering or lend their aid in it to others, will be considered as jiirates, and prosecuted according to law in the Netherlands, and subjected to the punish- ment provided for the commission of such offences. " The Ministers above named." 'Translation.) " The Hm/ue, 'June \Sa\. " The Minister for Foreign Affairs, apprised by a communication from the Minister of Marine that the King had authorized the naval force in the West Indies to be seasonably strengthened by His Majesty's steam-frigate Zealand and the screw-propellers Dyanibi and Vesuvius, for the purpose of giving protection to the trade and navigation of the Netherlands during the contest which seems to be in existence in the United States of North America, wherever it may be desired, accordingly esteems it to he his duty to direct tlie attention of shipmasters, consignees, and freighters to the peril to which their insurance against loss will be e: 'cd by any violation of the obligations imposed on neutral Powers to rcspi^ct actual blockades, ar i not to carry contraband of war, or despatches of belligerents. " In these cases they will be s..bject to all the resulting losses that may follow, witiiout the I benefit of any protection or intervention on the part of His Majesty's Government. Of which take notice. •' The Minister above named." The Government of the Emperor of Brazil issued the following Circular, addressed to I the Presidents of Provinces within the Brazilian Empire : — t Circular to the Prenifloils of Provinces, (Tr.inslation.) " Rio tie Janeiro, Ministry of Foreign Affairs, "llUisirious and Excellent Sir, " Avgnsl 1, ISfil. " The strife tiiat bus broken out between the l'"cdcral Government of the United States of North I Anieriea, and some of those States which have declared themselves constituted as a separate Con- Ifederatiui,, iray produce questions for our country, for the solution of which it is important that your lExrellenc\ s'lould be prepared; and I have, therefore, received orders from His Majesty the Knineror Ito declare to your Excellency that the Imperial (jovcrnment considcis that it ought to maintain itself lin the most strict neutrality during the war in which those States are unhappily engaged: and in order |tli8t that iieufralrty may be preserved, it is fitting that the following determinations be observed : — '■ Tlie Confederate States have no recognized existence ; but, having constituted a distinct (iovern- Imciit de facto, the Imperial (Jovcrnment cannot consider tlicir naval armaments as acts of piracy, nor [refuse them, with the necessary restrictions, the character of bclligorents whicl. they have as^uinod. " In conformity with this. Pirazilian subjects are to abstain from all participation and ,ii(l in favour of one of the belligerents, and tliey must not take part in anv acts which can be considered as hostile Ito one i>f the two pa i ties, and contrary to the obligations of the neutrality. " The exportatioii of warlike articles fioin the ports of the Empire for the new Confederate States Is .ilisolutely proliibitcil, whellicr it is intended to be done under the Brazilian flag t>i' that of another pation. JPartll. Introductory statement. I 111 Appendix, vol, iii. p. 27. ,t lliid., p. 24. C 2 Part 11. Introduetory •Utement. 12 « The same trade in contraband of war must be forbidden to Brazilian ships, although they may be destined for the ports subject to the Government of the North American Union. « No ship with the flog of one of the belligerents, and which may be employed m this war, or intended for it, can be provisioned, equipped, or armed in the ports of the Empire; the furnishing of victuals and naval provisions indispensable for the continuation of the voyage not being included in this prohibition. , ...... , " No ship of war or cruizer shall be allowed to enter and remuin with prizes in our ports or bays more than twenty-four hours, except in case of forced arrival, and they shall in no way be allowed tr, dispose of the said prizes, or of objects coming from them. " In the execution of these measures, and in the solution of the questions which inuy arise, your Excellency will be guided by the principles of international law, keeping in mind the instructions issued by this Ministry on the 18th of May, 1854, retaining the purport of the Circular of the 30th of July 1859, relative to the United States at strife with the Confederate States ; and you will com- municate to the Imperial Government any diflSculties or extraordinary occurrences that require fresh inttructions. " I repeat, «c. (Signed) " Bknvenuto Augusto dE Magalhabs Taquks." « To his Excellency the President of the Province of ." Decrees, or Notifications were likewise issued by other maritime Declarations, Powers. The Sumter. Of the armed ships sent to sea by the Confederate States during tiie first year of the war, two only, the Sumter and Nashville, entered any port belonging to a European Power. It is necessary to state briefly the circumstances which occurred in relation to these vessels. The Sumter was a steam-ship which had been purchased by the Navy Department of the Government of the Confederate States, was commissioned as a public ship of war in the service of those States, and was commanded by an officer who had previously held a Commission in the Navy of the United States. It appears from the Message of Mr. Jefferson Davis, dated 29th April, 1861, and hereinbefore referred to, that she had at tiiat date been purchased find manned, and was being actively prepand for sea. She sailed from the Mississippi River on the 30th June, 1801, cruized for six months, and captured seventeen prizes. In the course of this cruize .she entered (in the order herein named) ports within the dominions of the followingr Sovereigns and States, namely, the Queen of Spain, the King of the Netherlands, the Republic of Venezuela, the Queen of Great Britain, tlie Emperor of Brazil, and the Emperor of the French. She obtained coal and supplies in the ports of Cienfuegos, Curafoa, Paramaribo, Trinidad, and Martinique successively. At the time of her arrival at Cienfuegos she had with her six prizes, captured since her departure from New Orleans, and these she left behind her in harbour when she sailed. The Government of the United States complained to the Spanish Government of the admission of the Sumter into port, and of her having been permitted to take in coal and water ; and demanded that the prizes should be released, on the ground that the capturing vessel was a pirate. The Spanish Government did not assent to the demand that the Suir.ler .should be treated as a pirate ; but the prizes which she had left in port were set •it iilierty by order of the Captain-General of the island, on the ground that they were proved, on examination, to have been captured within the territorial waters of Cuba undir unlawful circumstances. The Sumter approached the port of St. Anne's, Cura(;oii, on the I5tli July, hoisted the (lag oC the {'onfedcrate States, and requested permission to enter. The Governor ol tiic island withheld this permission until assured that she was not a privateer, the regula- 1 lions issued by the Ciovernment of the Netherlands prohibiting the admission of privateers I unless in case of distress, but granted it upon receiving from her Commander a declaration in writing that the "Sumter was a ship ot war duly commissioned by the (lovernment of the Conli-'dcrate States." In accepting this declaration us sufficient, without further proof, he acted upon the unanimous advice of his Colonial Council. The Sumter reniaiiicd eight days in [lort, and took in coal. With reference to these facts the Government of the United States, on the l.'ith oil August. 1801, addressed to the Government of the Netherlands a complaint and a demand for ropanition.^' The latter Government answered that it had faithfully fulfilled its duty as a neutral Power, and would continue to adhere to it in future. In the despatch conveying this answer the following propositions (amongst others) were laid down and affirmed I the Government of the Netherlands : — t App*'ndix, vol. ii, p. 72.5. t Ibid , p. 730. ^mSC^ hough they may be being included i" 18 1 . According to the principles of the law of nations, all natinni, without exception, may admit vessels of war belonging to a belligerent State to their ports, and accoi-d to them all the favours which constitute an asylum. 2. As evidence that the Sumter was not a privateer, tlie Governor of Cura^oa was bound to be satisfied with the word of her Commander given in writing, and had no right to demand further proofs. 3. The Sumter was not, however, in fact a privateer, not being the property of private owners. She was a ship of war. 4. It cannot be admitted that all vessels carrying the Confederate flag should, as contended by the Government of the U ted States, be considered as privateers ; because the principles of the law of nations, as well as the examples of history, require that the rights of war should be accorded to those States. 5. Much less can these vessels be regarded as pirates, or " engaged," in the words of the American Secretary of State, " in a piratical expedition against the commerce of ^he United States." This would be incompatible with neutrality. < Adhering to these principles the Government of the Netherlands recognized, at the same time, that it is the duty of a neutral State to take care that vessels of the belligerent parties commit no act of hostility within the limits of its territory, and do not keep watch in the ports of its dominion to attack from them vessels of the enemy ; and it informed the Government of the United States that instructions on this head would be sent to the Governors of the King's colonial possessions. Subsequently to this correspondence, and on the 19th of August, 1861, the Sumter was admitted into the port of Paramaribo, in Dutch Guiana, and coaled there, remaining in port eleven days.^^ The Government of the Netherlands shortly afterwards issued orders to the authori- ties in its colonial possessions to the effect that no vessel of either belligerent should be allowed to take in more coal than would be sufficient for twenty-four hours' consumption, or to remain in port during a longer period than forty-eight hours.! Before arriving at Paramaribo the Sumter had visited Puerto Cabello, in Vene- zuela, and the British island of Trinidad. She remained in port, at the latter place, during six days, and purchased from private merchants coal and provisions. Her Com- mander had applied for permission to purchase coal from the Government stores ; but this had been refused by the Governor. With reference to these facts the subjoined correspondence passed between the Government of the United Stiites, thrtmgh its Minister in London (Mr. Adams) and the Government of Her Britannic Majesty : — J ,; . Part II. Introduetorjr statement. Mr. Adams to Earl Russell. " Legation of the United States, September 30, 1861. " The Undersigned, Envoy Extraordinnry and Minister Plenipotentiary of tlie United States, regrets to be obliged to inform the Kight Honourable Earl Uussell, Her Majesty's Principal Secretary of State for Foreign Affairs, that he has been instructed by tbe President of the United States to prefer a romplaint against the autborities of tbe Island of Trir.'.dad for a violation ot' Her Majesty's Proclamation of Neutrality, by giving aid and encouragement to tbe insurgents of tbe United States. It appears by an extract from a letter I'eeeived at tbe Department of Stute from a gentleman believed to be "ortby of credit, a resident of Trinidad, Mr. Francis Bernard, a copy of which is submitted herewith, tliat a steam-vessel known as an armed insurgent privateer, called tbe Sumter, was received on tbe 30tb of July last at that port, and was iieriritted to remain for six days, during uliicb time sbe was not only t'urnisbed with all necessary supplies for tbe continuance of her cruize, under tbe sanction of the Attorney-General, but that Her Majesty's flag was actually hoisted on tbe Government flag-staff in acknowledgment of her arrival. " The Undersigned bas l)een directed by his Governmf i.t to bring this extraordinary proceeding to tlie attention of Lord Uussell, and ni ease it shall not be satisfactorily explained, to ask for the adoption of such measures as shall insure, on tbe part of the autborities of tbe island, the prevention of all (iccurrenucs of the kind during the continuance of the difficulties in America. " Tbe Undersigned deems it proper to add, in explanation of the absence of any oflieinl repre- sentation from Trinidad to substantiate tbe present complaint, that there was no Consul of tbe l^iited States tb"ie at tbe time of the arrival of the vessel. Tiie I'ndersigned had tbe honour, a few days since, to apprise Lord Rus'-ell of tlie fact that ibis detirieney had been since supplied by preferring an application for Her Majesiy's exequatur for a new Consul, who is already on his way to occupy his post. "The Undersigned, &c. (Signed) "Charles Francis Adams." Appeudix, vol. ii, p. 734. t Ibid., p. 737. t Ibid., p. 3. Part II. Introduclory I staUment, 14 (Inclosure.) Mr. Bernard to Mr. Seward. fExtract. " Sir, Trinidad, Auyiatt 7, 18(il, '« I heK to inform you that on tiie 30th iiUiino a steam sloop of war (Seinincs coinnirtiiclor) carrying a Sncession flag, five guns, some of a largo calil.rc, au.l a cr^^w ..f from 1^0 to 1..0 me.., si.ileil Ix.l.lly into our harbour, and reported herself to the aulhorities of tins ^slan.l as being on a crui/.e. She y. ;.s la-t from Puerto Cabeilo; and since she succeeded in getting out of the Mississippi River she has already captured no less than .-Icveii American vessels. I have ascertained the names of some of tlicm viz.: the Joseph Maxwell, Abe Bradford, Minnie Miller. West \Vind, of Westerly, with a cargo of suirar from Havana, and Golden Rocket, which was burnt by her oil the coast of (.uba. " The Sumter landed eight of her prisoiieis here in a destitute condition ; but a contribution has been raised hers for their bciidit, sutHcieiit to supply their immediate wants, and I will take care that they are provided for milil an opportunity (.(Fers to ship them to the St.ites. "The Sumter remained here till tlie ,1th instant, and was allowed to supply herself with coals piid other necessary outlits. The I?rili>li Hag was hoisted on the (rovernnient flag-slafl" f.n- her arrival, and the otficers gf "llie Uritisli war-vessel Cadmus appeared to be on anii(;ablc terms with those of the Sumter. T.'ie merchant who supplied the Sumter with coals ilid it with tlio consent ami approval of our Attorney-Uenoial. , . , . , , " Beiiiu- a loyal American, I consider it my duty to send you these inlormations, as there luui been no Consul of our nation in this island for many months. " I mil, he. (Signed) " FiiANcrs nF.nNARii." Eiii'l liiimic// /» Mr .Idinns,* " Fnrfif/ii Officf. Ortiilwr 1, \H(\\. '' The Undersigned, Her Nfajesty's Principal Seeieturv of State for l'\)ivigii Allairs, li.is had the hoiiour to receive a complaint from Mr. .Vdains, Kiivoy l''.xtmordinary '"id Minister I'ienipdieutiary of the United Slates at this Court, against the ai;lliorities of the Island of Trinidad for a violati.m of Her Majesty's Proclamation of Xoutralitv, by givii.:' ai'i ami enuoiiragoment to the iiisurgenis of the United States. " It appears, from the accounts received at the Cnl.nilal Olliie and at the Admiridfy, that a ves'^el bearing a .Secession flag entered the pent of Trinidad on the .K.'h of .July last. "Captain lliilyar. of Her .Majesty's ship Cadmus, having sent a boat to aseerlaiii her iiiitionality, the Commanding Otiicor showed a commission signed by .Mr. .Icflcrson Davis, calling liiinself the President of the so-styled Confederate States. " The Sumter, which was the vessel in (|iicslion. w.is allowed to stay six days at Trinidad, and lo supply herself with coals and provisions ; and IMc .Vttorney-tii'iicral of iIk island pereeivcd no illcg;ilily in these proircdings, " The Law Olticers of the Crown have re|)orled thai lln' conduct of the (lovcrnor was in coa- formity to Her Majesty's Procl.imalion. " No mention is inadc by the (Jo error of his hoisliiig llie Mritish llag on Ihe ( lovcrnini'iil (Ing- Htart" ; and if he did so, it was probably in onh r lo show the iKilimial character of the island, and not in acknowledgment of the arrival of Ihe .Sumter. '•There docs H'.l appc r, lliercforc, any reason to lielicvc lha( Her Majesty's I'rocliini.ilion of Neutrality li.is been violated liy llie (lovi'rnor of Trinidad, or by the Commanding Olliccr of Her Majesty's ship Cadmus. •' The I'ndcrsigned, lki\ (.Sigiiedj •• RiSN|.:i,i,," The Ciovcrniiiciit id' llic Uiiitfd .'^talcs iiishii U'd .Mr. Aihtms to inroiin llic (lovcni- mcnt i)f (iivat nritain " tlmt tlio I'lcsidi lit deeply ri'y;ivts lint Lord lliissfll is iil'ogcdicr unable to t;iM! to our iMiiiplaiiit a halisliulory soliition." 'Ihe reason allef;i'il (iir tlii.i expression of di>satis|uetion wa'^ llic ^allle wliieli liad lieeii previously rejected liy liio (JoveriiineiU of the .NcliieriindH ; nainely, that llie Sunil(>i' wa.s a piratical \(?>isel, and that her ollieers and erew were pi;:ites, und that they ought to he treated as such in foreign portu niid wafers. Further coinniuniealioiis on the suhji el siiliseiiiieiilly passed lielweeii the two Govcrnineiits. 'I'hese ninmiuiiiealions are staled in I lie sulijoiiied il spatchcs, addressed respectively hy ller ilritaiiiiie Miije^ly's ,Miiii>ler at Wasliinglon lo Her .' Iiijesly's .'-■'eeretary of State lor l•'olei^n Allairs, ,nd liy iho Miiiisler of the L'nilcd .States in London lo the Socrt;tury of State of the I'nited States : — l.iird Lfiniin Id Edil Himmll. " My Loid, " ll'imhiiif/lnii, Xnrrmhrr 4, l«tH. " Mr. Seward spohc to nic, the day before ycslerdiiy. respecling llic iidiiiissinn of ilic Confcilerale v;>s«el Sumter inio llrilmb iM\d I) Ich ports. " With regard to the DiiUh (ji,,-rniiiriif. Mr. Seward said that lie had been obliged lo cause very A|i|i#nihi, «ul. 11, p. A. .#-.,^*r^^r 16 Part II. serious romonstrnnces to be addressed to tliem, but that he had now been informed that they had given Introductory orders tlint the Southern privateers should not do allowed t(; lomain more than twenty-four hours in statement. II Dutrli pott. It was true, he said, that it had been declared that these orders had not been issued in defcTcncc to the representations of the United States' Government, but this was immaterial ; so long as the privateers were excluded in practice, he did not care to inquire on what ground that was done. " Mr. Seward then mentioned the reception of the Sumter at Trinidad, and alluded to your Lordship's note to Mr. Adams of the" 4th of October on the subject. He said he had been obliged to send immediately instructions to Mr. Adams with regard to that note. Ho did not tell me the nature of those instructions, but he spoke to me of the affair in a tone of complaint, and dwelt cspociallv (111 the length of time during which the Sumter had been allowed to remain at Trinidad, and on tlio supplies which she had obtained there. He said that France, and, he thought, all the other Powers (if Europe, refused to allow privateers to remain for more than twenty-four hours in their ports. He could hardly conceive that England wished to stand nlonc as the only Power which admitted the enemies of the United States, witiiout restriction, into its harbours. He supposed that the matter could hardly have been presented in this light to Her Majesty's Government. " 1 olist'rvrd to Mr. Sewanl that I supposed that in this matter each I'ower had looked back to Iircccdeiits. and taken the course which had been usual with it on similar occasions in former times. [n one point the English rule was, I said, more stringent than that of France and many other Powers, for armed vessels were not allowed to carry their prizes into British ports for any time, however short. " Mr. Seward did not jjursue the conversation. He merely said that he had wished to mention the matter to me in the hope that I might do sometliing towards getting it satisfactorily settled. " I have, &c. • (Signed) "Lvonb." tv, that a vosH'l nor was iM con- Lord Lyoik to Earl liutisvll, " My Lord, " WtiMmiton, A'ovember 9, 3861. " AVith reference to my despatch of the ith instant, I have the honour to inform your Lordship that Ihit* mdrning Mr. Seward spoke to me again on the subject of the admission of Confederate vessels iiit* in (liii«i of ullu'r ncntnil I'liwcmi Id lu'lligrnnt vcsscIn, tlic lirilisli (iiiMiiinicnt nil tlif .'U>t 111 .lannnry, Isd'J, Issmd tlir Hnlijoiind OnliTs, to In- olwrvcd in nil till' |ioits 1)1' till! Uniti'd Kiiigilom uiid tliosc of llcr MiijoNty's trnusinnriiic territories and posscsuioiis : — Partll. Introdurtory i lUUnient. 16 The Secretary of State for Foreign Affairs to the Lords Commissioners of the Admiralty.* " My Lords, " ^<»m^« Office, January 31, 1862. " Her Majesty beiiip fully determined to observe the duties of neutrality during the existing hostilities between the tJnited States and the States calling themselves ' the Confederate States of America,' and being, moreover, resolved to prevent, as far as possible, the use of Her Majesty s har- bours, ports, and coasts, and the waters within Her Majesty's territorial jurisdiction, in aid of the warUke purposes of either belligerent, has commanded me to communicate to your Lordships, for your guidance, the following Rules, which are to be treated and enforced as Her Majesty's orders and directions. . ,i > . r • , it ■ . " Her Majesty is pleased further to command that these Rules shall be put in force m the United Kingdom and in the Channel Island? on and after Thursday, tiie Otli day of February next, and in Her Majesty's territories and possessions beyond the seas six days after the day when the Governor or other chief authority of each of such territories or possessions rey^vjctively shall have notified and published the same, stating in such notification tiiat the said Rules are to be obeyed by all persons within the same territories and nosscssipiis. "I. During the continuance of the present hostilities between the G.' :;rnmcnt of tlie United States of North America and the States calling themselves ' the Confederate States of America,' or until Her Majesty shall otherwise order, no ship of war or privateer beLinging to either of the hellige- rents shall be permitted to enter or remain in the port of Nassau, or in any other port, roadstead, or waters of the Bahama Islands, except by special leave of the Lieutenant-Governor of the Bahama Islands, or in case of stress of weather. If any such vessel should enter any such port, roadstead, or waters by special leave, or under stress of weather, the authorities of the place shall require her to put to sea as soon as possible, without permitting her to take in any supplies beyond what may be neces- sary for her immediate use. " If, at the time when this order is first notified in the Bahama Islands, there shall be any such vessel already within any port, roadstead, or waters of those islands, the Lieutenant-Governor shall give notice to such vessel to depart, and shall reiiuire her to put to sea, within such time as he shall, under the circumstances, consider proper and reasonable. If there then shall be ships of war or privateers belonging to both the said belligerents within the territorial jurisdiction of Her Majesty, in or near the same port, roadstead, or waters, the Lieutenant-Governor shall fix the order of time in which such vessels shall depart. No such vessel of either belligerent shall be permitted to (lut to sen until after the expiration of at least twenty-four hours from the tune when the last preceding vessel of the other belligerent (whether the same shall be a ship of war, or privateer, or nierchant'ship), which shall have left tlie same port, roadstead, or waters, or waters adjacent thereto, shall have passed beyond the territorial jurisdictiiin of Her Majesty. "II. During the cimtinunnce of the present Iiosfilitics between the Government of the United States of North .Vmerica and the States calling themselves -'lie Confederate States of America,' all ships of war and privateers of either belligerent are prohibited from niiiking use of any port or road- stead in the United Kingdom of (ireat Hruain and Irelu.'d, or in the Channel Islands, or in any of Her Majesty's Colonies or foreign possessions or dependenc:"s, or jf any waters subject to the terri- torial jurisdiction of the British Crown, as a stutmn or place ot resort for any warlike purpose or for the purjiosc of obtaining any facilities of warlike e(piipment ; and no ship of war or privateer of either belligerent shall hereafter be permitted to sail out of or leave any ))ort, roadstead, or waters subject to British jurisdiction, from which any vessel of the other belligerent (whether tlie same shall be a ship of war, a privateer, or a inercliant-ship) shall have jircviously departed, until after the expiration of at least twenty-four hours from the departure of such last-inenlioned vessel beyond the territorial juris- diction of Her Majesty. " III. If any ship of war or privateer of either belligerent shall, after the time when this order shall be first notified nnd put in force in the United Kingdom and in tne Channel JNlnnds, :in(l in the sevend colonies and foreii;ii |)ossessions ami depenileiicies of Her Majesty respectively, enter iitiy port, roadstead, or waters belonging to Her .Majesty, either in the United Kiiigdoni or in the Cliannej Islands, or in any of Her Majesty's colonies or foreign possessions or dependeneies, such vessel shall be re(|iiireil to depart and to put to sea within twenty-four hours after her entrance into such port, roadstead, or waters, except in ease of stress of weather, or of her rer of the hellige- irt, roadstead, or : of the Bahama irt, roadstead, or cquire her to put It may be neces- shall be any sucli It-Governor shall time as he shall, ships of war or Ilcr Majesty, in order of time in tted to put to sea irccedini; vessel of ihaiitsliip), which ive passed lieyoiid ent of the United ;s of Ameriia,' all any port or road- ands, or in any of lijcct to th(! terri- il Suremhn; 18(!1. " 1 have the iioin iir to reply to the letter which vou addressed me this morning. " 1 am not ignorant. M. Ie IJoiiimandunt, of the ;ire»cuec in the roads of St. Pierre of a vessel hclonging to tlie States of the South, who profess to have formed a separate Confederation. " To accomplish ilie generous intentions of the Emperor, I wish to be hospitable to the vessels of the two liclligcrent parties, but I will not, nor can, without violating the orders of His M^esty, divest niysuhdf the absolute neutrality that I ought to observe. " That is to say to you, M, Ie Comnian-<)L', the l'nited Stiitcs" war— teamer Tusciirora arrived at (Gibraltar, and proeci (led to coal at the neutral luirl of .Mgeeiiis. She was soon after- wards joined by the Cnitcd Stato' war-st'.ainer Ino, and sul)se(iiu'iilly by the Ivearsargc ; and the Ino iuid Kearsarge leiiiaiuetl off Algecira-; »vaiting to intercept tlie Sumter. The Sumter wa- paid off in A|iiil, and lay in harbour till niceinbrr I>m'I"J, when she was sold bv publiv auction i alter having bien (irst dipiived ol her arnuuiu nt) to a Hritish -ubjcet n-ii'i lit at i^i\i I|miii|. TIic Ciiit^ d ' tales" C'lisul adi I rinsed to tlic (iovernor a pif test against the sale, on the ground, lirst. that tiie Sumter liud come into the posses- sion of the Conledcrnte d'ovei nu nt as a prize of war (which was proved not to be the fact, till' vcshI having bicu purehasid by that Ciovernnicnl from a private ovviu r), and seeouilly. that the sal(^ \^■as made "for the |iur|)o r. if the Suniter, now assumed to be Hrili^h propertv. should l)e hereafter condemned, or otherwise dealt with in any ir.unner which might not be. in their judgment, warranted l)y interiuitional law. " I have, fi.c. (Signed) '•Russell.." Mr. Adams linii, dii tlie 3nl Jaimaiy. IbOiJ, tclcgiapliutl to tliv, American Consul tit Gibrallar thai Captain iUy^oii, coinmiiiuling the United States' waf-steamer Cliippcwu, was to endcavom- to eajjliu'c t'lo Sumtii' should siio leave Clibraltar tinder tiie Uiitisli Uuf? ; and on the liltli •laiiiiury, 18(ili, he again telegraplird, "The Sumtef uliould be taptuied it slic goes out of the Miitisli waters on the hii^li seas, It' she iiuve nominal Urilisli papers she must 1)1' sent home I'lir au|ii(lieatioii as pri/.e." 'Ihe Aiiieiican Consul, on the Jlst January, answered us Ibllow.-.:— " S'our lekniam (■omimiiiicalcd to out Cominaiideis : Smrter coaling u"aiii and provisioning, to-day. ' She sailed Iroiu (Jibiallar on the 7iii I'ebruary, wu>;' not captured, and reached l,,iverpool on the I3tli.| At Liverpool she remained until tiie JJrd ,iulv, IHO'l, wlieii she sailed as a iiurchaiit-ve.ssel, withoii* armament, and carrying as lici'jilit NO'iif itea\y (iidiiaiiee, u liieli could not possibly have been used on hoard of her. Shu had iiuderuoiu' icpaMs, but all fittings lor wailike pin poses had been removi'd Iroin hei', and she had been renamed the " Oiliraltur." While in port she hail been carefully wntclicil by order of Her Majesty's Cioveniinent, as a precaution lest she should be in any way arnied or cipiipped for war; imd she was not permitted to clear till 't hat' been satis- i'iictoriiy shown that she was in no respect so eipiipped and had no aniiimient.ol ii, p. .V.'. ^ Ibid., lip, (I4-H(i, iii,l„ p, .'.1. ; Ibid., p, M. II llnii,,ii, li'J. I) '2 Fart II. Introductory ttatement. 20 say, that you seem to have confounded, both in your reasoning upon the subject and in your reference to authority, the positions of a neutral and belligerent in regard to the sale of sliips belongnig to another belligerent, and to have forgotten, as in the instance of your reference to a statement in a passage on the law of prize, that no neutral State, such as Great Britam now is, administers prize law in favour of either belligerent. , , , . , "The neutral and belligerent have distinct rights in the matter: the neutral has a right to acquire such property offered to him for purchase, but the belligerent may, in the particular circumstance. of the case, not recognize the transfer of such property as being that of his enemy, only parted with to the neutral in order to protect it from capture on the high seas. The Prize Court of the belligerent, when property so circumstanced is brought before it, decides whether the transfer is fair or fraudulent. "The British Government, when neutral, is not bound to refuse to a British subject the right to acquire by purcliase a vessel which a belligerent owner maydesi -i to part with, but it would not deny the right of the adverse belligerent to ascertain, if such vessel were captured by its cruizers, whether the vessel had rightfully, according to tlie law of nations, come into the possession of the neutral ; and if Great Britain were herself belligerent, she would not complain of a neutral Government allowing one of its subjects to acquire by jiurchase a vessel which her adversary might desire to par- with, though she Avould have the right of capturing such vessel on the high seas, and sending it before the Prize Court for judgment as to whether the ve^ssel had rightfully, according to the law of nations, become the property of a neutral owner. " I have, &c. (Signed) " Russell." The course pui-saed by Her Majesty's Government iu this case was adhered to in 18G4 in the case of the Confederate ship Georgia. It was afterwards judged expedient by the Government to prohibit vessels of war belonging to cither belligerent from being dismantled or sold in British ports. It is not the duty of a neutral Government to prohibit the sale within its territory of a ship owned by a belligerent to a neutral purchaser. This is a transaction which in no way concerns the neutral Government, and with which it cannot be called upon to interfere. Under certain circumstances indeed— as in the case of a ship of war driven by superior force to take refuge in a neutral port — sucli a sale may be liable to be declared void by a jirizc court of the otiier belligerent. But this is a jurisdiction exercised by jirize courts alone. Until so set aside, the sale (even in the case supjioscd above) is valid everywhere, and operates to transfer the property lo the neutral purciiaser. Nor again can a neutral Government be called ujion to apjily rules applicable exclusively to vessels of war to a veseel which, having originally been armed for war, has been disarmed and sold as aforesaid, unless it clearly appear tliat the sale was a fictitious transaction, intended to disguise, without altering, the true charactor of the ship. The Nttxhvilh. The Nashville, an armed steamer commissioned as a ship of war of tiic Confederate States, -irrived at the Britisii dependency of Bermuda on liie .'?()tli October, 1802, iiaving sailed from Cliar'eston on the '2M\.* Iler Commander applied for leave to draw a supply of coals from Her Majesty's dorkyard, but tills request was refusicl. Siie procured coal from a private yard, and sailed on the 4tli Novemlnr. On tiie lilst November she entered the harbour of Soutliami)ton, having, on lier way, taken and destroyed a!i American packet-ship (tiic Harvey Birch), and on tiie 2'Jnd went into dock lor repairs. t On the same day directions were sent from the rureign OHice that she "should not be allowed to ccjuip herself more coniplcteiy as a vessel of war, or to tiiUc in guns or munitions of war." On tiic same 22n(l of N(.vember Mr, Adiims addressed a Note to Marl Hussell in rcfcronec to the Nashville, inelosinii certain papers received from the Consul of flio United States in London.} Troni statements in these [lajiers it would, Mr. Adams aiijged, appear that the Nashville was not ecjuipiied under a commission as a slii|i of war, nor even with the |)rctence of a letter of marcpie ; and, further, that she was sent to I'liigiand with the avowed design that she sliould lie refitted inKiiLjiish ports and niatie a formidalili' vessel of war, and that tlie ofheers who came in liei' slitnild be put in eomiui'iid of two oilier 8hi|)s whi' .. .vere alleged to he then filling-out in the ports of Great Hritain lor tho Iiurposc of carrying on war against tlie United States, lie proceeded to recpiest tliat III' Majesfy'.4 (tovernincnt would cause incpiiry to be made, and would adojit such measures as the ease, ujton invesligiifioii, might semi lo ileMiai'd. " This iii(|uiiy may be solicited to the aseertainmenl of two classes ol liiels : llie first, as to the luitiiorily possessed by tin's vessel to commit so aggressive an act on the citizens of a friendly i'owci', and then to claim u refuge and recognition in liic liarhours of (ircat iJrituin. The second, in case • Appendix, vul. ii, p. 87. t Ibid., pp. UUnndUI. i Ibid,, p. \)i, your reference s belonging to a statement in ministers prize right to acquire • circumstance nly parted with the belligerent, r or fraudulent, ect the right to would not deny ruizers, whether lie neutral; and nment avowing re to par- with, lending it before ; law of nations, , &c, *• lluSSEIiL." adhered to in d expedient by int from being the Confcdcrute sary to adopt I'urllier pleasures within the limits of public law. Her Majesty will bo advised to adopt such measures. "It is the earnest desire of Her Maji'sty to preserve intact the friendly relations between Her Maji'sty «"d the United States of ,\nR'ri,;a. "T'.e Undersigned, ^c. (Signed) "UfsaRLti.'' Ibid., p. u.'. • Appendix, vol. ii, p. 05. t llml, p, 101, Part II. Introductory Btatemcnt. 22 On the 2nc' December, 1861, Mr. Adams uiiswerecl the foregoing Note as follows :— ' Mr. Adams tu Mnrl h'lmcll* " L('i/(ilioii of the United States, Loiii/oii, Dereinber 2, 1861. "The Undersigned, Envoy Extraordinary and Mii^ster I'lcnipolenti.-uy of tlic United States, has the honour to acknowledge the receipt cf a note from the Rigiit Iloncurable Earl Russell, Her Majcstv's Principal Secretary of State for Foreign Afliiirs, dated on the 28tii of November, and in answer' to tjic note of tlie Undersigned soliciting an investigation into the case of tlie armed steamer the Nashville. . , ■ , "Whilst till' I'ndersii'iicd regrets that Her Majesty s Government has deterninied to give what he cannot but think a liberal construction to the evidence furnished of the character of the voyage of the Nasiiville, it is vet a source of great satisfaction to him lo learn the intention expressed by the Government to apply all its power to the prevention of measures taken within this kingdom by ill- disposed persons to fit out enterprises of a hostile character to the United States. The Undersigned entertains no doubt that this inf'Tmation, which has been already transmitted by him to this Govern- ment, will be received with mucn pleasure. •' The Undersigned, tkc. (Signed) "Chaklrs Francis Adams." Reports of tlic nature of the repairs which tlic Niishville was undergoing, sliowing that nothing; wiuUovcr was being done to tit in'r more coinpleteiy as a vessel of war, were from time to time received at the Koreign Office from the Senior Naval Officer at Southampton, and were forwarded to .Mr. Adun.s for iiis information. Mr. Adams, in acknowledging the receipt of tiiese reports, added, "It is a source oi' gratitication to him (Mr. Adams) to observe the continued supervision exercised by Her Majesty's (Government over the outfit of that vessel." -(2«tli December, 18Gl).t On the l.^t!) Deccniher, 18(31, tlie United States' war-steamer Tusearora arrived iu Southani()ti)n Water. .She remained tlierc, oecasionally shifting Iicr anchorage, until after the departure cf the Nashville, which oceurred on the -'^rd February following. While the two ships remained in Hritish waters, Her Majesty's (iovcrninent enforced with strict impartiality the rule which had previously been enforced by the French authorities at Martmiijuc in the ease of the Sumter and lro(pU)i.s, that, it either should sail, the otlier should not follow within tweniy-four hours afterwards. The facts are stated in rejiorts addressed by Captain Patey .is Sem'or Naval Officer to Her Majesty's Hoard of Admiralty.i Botii shijjs coaled at Southampton. In .Ally, lH(i2, tlie Tuscarora returned to Southampton, and remained in that -jort undergoing repairs for three weeks or thereabouts. General Course jiursufd lnj H--r Urilnnti'ic Mtiji.li/'s Gorenimeuf, and by other Maritime Powers in reijard to the reeeplion of liilliyerent Cndzers. From the hegiiming otthe war to the end ot' it, Her Uritamiie .Viaje.sty's Goverimient .scrupulously ol)serve{J, in respect of vessels iiteri:ig Mritisli port.s or waters under the (lag ol eilJK r belligLreiit, the duties ol" a neutral Power. The erui/.eis of botii were admittcci upon the same terms ; and the ii'gulatioDS which it w,i.- found necessary to make from time to time in order lo jirevent tlie hospjiality thus accorded IVom being abused, whether imparl ially U|)plied to both. Unremitting care by disiirn or tlnougb inadvertence, were and vigilaiiee were employed to prevent these necessary precautions from !)eing infringed 01' eluded, and e^pLi ially to pre\i'nl any lieilijierent Mssel Ironi engaging in lioslilities, or Irom eidisiini,- seai;;en (ir otlierwi.se increasing its military tbrco, wiijiin Miilish territory, or ning •ueh tenitory as a station from wluiiee lo observe and attack enemy's ships. The iiiliieuiii(s occasioned, espieially in iler Majesly's Coloniid possessions, by the resort of belligerent eiuixers to IJiilish jujii- and waters, were coiisidcralile, and e.dled for tiic e.xereise ol nmeh judgmeni and moderation on the part otthe local authorities. By UnitcMJ State-, erui/ers tli,' jorts and waters of Iler Majesty's dominions were re>orlemi by other Mariliw' General Proposilioiis, Her Britannic Majesty's Govcrnnirnt believes the following propositions to be in accordance with the principles of international law and the practice of nations: — 1. A neutral Government is bound to exercise due diligence, to the intent that no place within its territory he made use of by eitlier belligerent as a base or point of departure for a military or navnl exjjedition, or for hostilities by land or sea. 2. A ncutr;\l Goverinnent is not, t)y force of the above-mentioned obligation or otherwise, bound to prevent or restrain the sale within its territory, to a belligerent, of articles contraband of war, or the manufiieturc within its territory of such articles to the order of a belligerent, or the delivery thereof within its territory to a belligerent purchaser, or the exportation of such articles from its territory for sale to, or for the use of, a belligerent. 3. Nor is a neutral Government bound, by force of the above-mentioned obligation or otherwise, to prohibit or j)reveMt vessels of war in the service of a belligerent from entering or remaining in its ports or waters, or from purchasing provisions, coal, or other supplies, or undergoing repairs therein; provided hat the same facilities be accorded to both belligerents indiflerently ; and provided al«r that such vessels be not permitted to augment tluir military i'orce, or increase or renew their supplies of arms or munitions of wnr, or of men. within tlif neulral territory. 4. The unlawlul ccpiipment, or augmentation of force, of a belligerent vessel within neutral wiiters being an oti'enee agains( the mnilral Power, it is the right of the neutral i'owcr to release pi i/.es taken by means or by the aid of such ecjuipment or augmentation of force, if linnul within its jurisdietion. .''). It has been tlie practice of imiritinu^ Powers, when at war, to treat as contraband of war vessels s|)ecially lulapted tor warlike use and found at sea under a neutral Hag in course of transportation to a ])\iv\: possessed or occupied bv ii belligerent. Such vessels Imve been held liable to capture aiul e(in s fitted out in New York by one Miranda, a native of Peru who had served in the French Republican Army under Dumouriez. This expedition, which consisted of an armed vessel carrving 18 guns and two schooners, sailed for its destination. Orders were issued for arresting it, but they were too late. Persons who participated in it were afterwards prosecuted, but were acquitted by the jury before whom they were tried. In the vcar 1810 war broke out between Spam and her American Colonies, and in 1816, Portiigal engaged in the war on the side of Spain. The United States remained neutral. It appnais°iroir' the po-respondence which subsequently passed between the Government ot the United States, a. id the Governments of Spain and Portugal, as well as from wiu published re|)orts of ccits decided in the Courts of the United States, that a considerable number ^''privatce;« were a*; various times during the war, but chiefly in the earlier part of it, fitted out, .nanned, and armed, in ports of the United States, for the purpose of crui'mg against t'.ie commei-ce of Spain and against that of Portugal, and that large numbers of Spui.icb und Portuguese ships were captured by these privateers. In the despatchcL of the "c-fuiruese Minister at Washington not fewer than twenty-six of such privateers are nuntioned as having been fitted out and armed at a single American port; and filly ships belonging to Portuguese citizens are stated to have been captured between the years 1816 and 1819 inclusive. It was further stated that the privateers were for the most part not only fitted out, but owned and commanded, by citizens of the United States. The facts alleged do not appear to have been disputed by the Government of the United States. In answer to the first representation of the Portuguese Minister, in which he indicated ten ships which had armed, or were believed to be then arming, at Baltimore, Mr. Monroe, then Secretary of State, wrote as follows : — The United States' Secretary of State to the Portuguese Minister at Washington. "Sir, " Washington, December 27, 1816. " 1 have lind the honour to receive your letter of the 20th instant, complainins of rert.iin equip- ment? of nniicd vessels from Baltimore, niiyself of tiiis opportunity of assuring you of the great interest whicli the President take? in cultivating tlie most kindly relations with your Sovereign, his 9ui)jects and dominions. " I have, &c. (Signed) "James Monroe. " Chevalier J. Corrca dc Serra." On the 2GtIi December, I'^IG, President Madison communicated to Congress the following Message :- - •' H'lLi/iiiigtoii, Ihcemher 2(), 18H). " It is fomid that the existing laws have not the ctlicacy necessary to i)rcvcnt violations of the obligations of the United States as a iiatiorcs permitted by our laws, and which the law of tuitions docs not require the United States to prohibit. (Signed) "James Madison." Papers relating to the same subject were at the same time laid by the Committee on in committed if the United States were at bad served in Dnsisted of an Orders were erl in it were e tried. olonies, and in tates remained [I between the u,G;al, as well as 1 States, that a it chiefly in the States, for the rtugal, and that mteers. In the jnty-six of such American port ; iptured between vateerH were for IS of the United jvernment of the linister, in which tig, at Baltimore, hington. 'remher 27, t816. ir of certain equip- er of one of those . and Hrazil. You ent, anil on pretexts awi do not authorize idment of them as r to transmit to yon lew to obtain siicli strict neutrality of s, and efVcctually to (• anti('ip;ited. f communicating it whicli the President d dominions, c. James Monroe. d to Congress the Dnrmlier 2(5, 1810. vent violations of the s, and other unlawful States. \c character, and to tiio [deration of Congress .inin" vessels nctually liction of the I'nitod such vessels adequate .visions of the cases of liiiigerous expeditions, he law of nations dois James Madison." y the Committee on 27 Foreiaa Affairs before the House of Representatives. Among these was one by Mr. Monroe, then Secretary of State, in which he reported as follows :— " The provisions necessary to make the laws effectual against fitting out armed vessels in our norts for the purpose of hostile cruizing seem to be,— " 1st That they should lie laid under bond not to violate the Treaties of the United States or the VilVntions of the United States under the law of nations, in all cases wiiere there is reason to suspect " if a nurnose on foot, including the cases of vessels taking on board arms and munitions of war ^" li 'ible to the equipment and armament of such vessels subsequent to their departure. ' "2nd To invest the Collectors, or other Revenue officers where there are no Collectors, with nower to seize and detain vessels under circumstances indicating strong presumption of an intended breach of the law ; the detention to take place until the order of the Executive on a full representation of the facts had thereupon can be obtained. The statute-book contains analogous powers to this above su^^ested. (See particularly the 11th section of the Act of Congress of April 25, 1808.) " The existin" laws do not go to this extent. They do not authorize the demand of security in anv shajjc or any interposition on the part of the magistracy as a preventive where there is reason to suspect an intention to commit the offence. They rest upon the general footing of punishing tlie offence where, if there be full evidence of the actual perpetration of the crime, the party is bonded over after the trml to the penalty denounced." Part III. Introductory statement. On the 3rd March, 1817, a short Act was passed, by the first section of which provision was made (by the introduction of the words " colony, district, or people ") for the case of a belligerent community or body of persons not recognized as a sovereign State. The second and third sections were as follows : — "Sec. 10. And be it further enacted, That the owners or consignees of every armed ship or" vessel sailing out of the ports of the United Slates, l)clonging wholly or in part to citizens thereof, shall enter into bond to the United States, with sutticient sureties, pr'or to clearing out the same, in double the amount of the value of the vessel and cargo on hoard, including her ammment, that the said ship or vessel shall not be employed by such owners to cruize or commit host'lities .igainst the subjects, citizens, or property of any foreign Prince or State, or of any colony, district, or people, with whom the United States are at peace. "Sec. 11. And be it further enacted. That the Collectors oC the Customs be, and they are hereby, respectivelv authorized and required to detain any vessel manifestly built for warlike purposes, and al)out lo de|)art the TTnited States, of which the cargo shall princijjally consist of arms and munitions of war, when the number of men shipped on board, or other circumstances, shall render it probable that such vessel is intended to be employed by the owner or owners to cruize or commit hostilities upon the subjects, citizens, or property of any foreign State, or of any colony, district, or people, with whom the United States are at peace, until the decision of the President be had thereon, or until tiie owner or owners shall give such bond and security as is required of the owners of armed ships by the jircceding Section of this Act." It is to be remarked that these provisions were enacted on a representation by the Secretary of State that it had become necessary, in order to make the laws against fitting out armed vessels cttectual, to invest the collectors or other revenue officers with a preven- tive power to seize and detain on a reasonable suspicion, or at any rate on a "strong presumption," of an intended breach of the law. The only cases in which Congress was willing to confer this power were those defined in these sections, neither of which could by any latitude of construction be so extended as to include a vessel which at the time of its departure, was neither armed nor laden with a cargo consisting principally of arms and munitions of war. ]*^or would the second section embrace any vessel not owned wholly or in part by citizens of the United States ; and the security which the collectors were autho- rized to take was a security only against a hostile ciiiploynient of the ship by the " owner or owners " thereof, and (in cases within the second section) by " such " owners ; that is to say, by owners being American citizens." On the 20th April, 1818, a further Act of Congress was passed, intituled " An Act in addition to the Act for the punishment of certain crimes against the United States, and to repeal the Acts therein mentioned." By tliis Act the Acts of 1794, 1797, and 1817, were re|)ealod, and tlieir i)rovisions were revised and consolidated, but without being made more stringent in any material respect. It has never since been repealed, altered, or amcndid, and continues at the present day a part of the law of the Unite;l States. Notwitlistanding tlie legislation of 1S17 and 1818, the Spanish and I'ort-iLniese Ministers continued from time to time to complain to :he Govei'nmenl of the United Stales of ilepredations on Spanish and Portuguese commerce by vessels fitted out and armed in ports of tile United Slates. By the Spanish Minister, writing on tiie 'Jnd November, IS 17, it was affirmed that " the Act of Congress of the 3rd Marci), 1817, iias i^^ • wise lesseucd the abuses by wiiich the laws are evaded, and which render entirely illusory the laudable E2 I Part III. Introductory Matement. purposes for which tliey were enacted." " From the gionter part," lie c. ntinued, " of the ports of these atates there frequently sail a considerable number ot vessels, with the premeditated intention of attacking the Spanish commerce, which carry tlunr armament concealed in the hold. It rarelv happens that they can be arrested, masmnch as the Collectors of Customs soy that they have not at their disposition the naval forre necessary to effect it On the other hand, armed vessels, under the flag of the insurgents, enter into the ports of the Union, and not only supply themselves with all necessaries, but also cons' ' rably increase the means they already have ot destroyini,' the trade ot Spam, as has recently been the case at New York, whereby tlie (so-called) privateers of I lis Majesty's revolted provinces, which are in reality nothing more than pirates, manned by the scum of all countries, enjoy greater privileges t'mv the vessels of independent Powers." These remonstrances were repeatedly renewed during the year 1818. On the 7th May, 1818, he wrote— " I would liave considered myself dispensed from tlie necessity of njjniii pressing this subject on your attention, if it Imd npiionrcil possible for me to fosfrain these .irniiunents by tiie eniploj nicnt of ludirial means; but, unfortmuitely, Ibe Art of Congress of lli.' 'JOlii of April last, (or incscrving iieutralitv with foreign nations, and otiicrs nlrcndy in force, altliuugli liiglily judicious, are easily eluded ; and, alll;'ou"li (besc practices are public and notorious tluougliuut tlie whole Union, His .Majesty's Consuls ribise ine that through a deficiency of evidence they cannot be restrained l)y a re^ulnr application of the law.'' And, on the Pth .June, 1 SI H, he represented that there were then at Haltiniore four privateers, three of which were notoriously fitted out there, whilst the fourth was a schooner captured from Spanish owners. All these vessels, he ntlirmcd, were commanded by citizens of the United States, and manned, with scarcely an exception, by American crews ; but he added that, though the>« hy the depredaliiais of such vessels. I''iiitliri', il Ins been constaiitiv held and inaiiilaiiM'd !i\ tin United States laiiil parlieiiJaily dniiiig the diseiissinnK w itii Spun and I'ortim.il iiImim leleried toi, that the powers |M)SM'-sed by the (loMinmenl of (he Unileil Mate* to pi 'veiil llie lillinif-onl of vessels within the territory of (Ik Kepuhlie, were such only as could he shown lo he actually ve force for tl United Sta I or vessels, 1 It has I enforcing tl or other pei law, and to of it; and t proper case tlic 5tli Sej the United ; The la\ events out o of Parliainen Engagement ■ Etpiipjiing, i iMajesty's Lie tAt the rune [expeditions w [Colonies, wli jtiicrefore, whi jrisc lo the pai lin the United Inn'ttcd hostilit ICreat Mritain Idisjiatclicd wi( The Legii Bs its model tl rccct'iiig yea ^noie stringent] In regal Bf the Unitet " Six. .t. Stnte.", fit out kmnviiigly he luch ship i.r v( llislrici, or pen ifoiciun I'riiicc l)r shall issue ^liip or vessel. tiiilly of a liiL'li jiiiire than tiiKc vJli all material kcjiiipiiieiil lliei p.se of the I iiiti The sect i( "VII, An hi any part ef llajesly for th.it |r eiideiiviiiir li rineil, or shall Ifiniiig (if luiv si trvice (if /iii\ fiy pruviiKM' |ii\U'r» of j^^)\^' l-iiple, Hs H tn Vinre, Millie, i nstniiisl till' iniMce, iir p;ii ' purl iil'ntiv pil ki' L'liitf'd Kii Iniul, or pinoc 29 actually vested in the Government by the laws and constitution of the United States in forct for the time being ; and that, provided those powers had been bond fide exercised, the United States were not responsible for any losses, however severe, inflicted by any vessel or vessels, however numerous, fitted and armed within their territories. It has been the practice of the Executive authorities of the United States, in enforcing tlic law, to act upon information laid before them by Consuls of foreign Powers, or other persons interested officially or otherwise in preventing the acts prohibited by the law and to require the persons finnishing such information to produce evidence in support of it • and the importance of such information, to enable the neutral Power to intervene in proper cases, was expressly pointed out in the letter of Mr. Jefferson to Mr. Hammond of the .'jth September, 1793, annexed to the Treaty of the 19th November, 1794, between the United States and Great Britain. Law of Great Britain. The law of Great Britain on this subject was, at the time of the happening of the events out of which the questions submitted to the Arbitrators arose, embodied in an Act of Parliament passed in the year I81i», and intituled " An Act to Prevent the Enlisting or Engagement of His Majesty's Subjects to serve in Foreign Service, and the Fitting out or Efiuipping, in His Majesty's Dominions, Vessels for Warlike Purposes without His Majesty 's\icense."' This Act is connnonly referred to as the " Foreign Enlistment Act." At the time when it was proposed to Parliament, it was reported and believed that expeditions were being prepared in England for the assistance of the Spanish-American Colonies, which were then at war with their mother-country. The circumstances, tlierelore, which gave rise to the passing of the British law, were similar to those which gave rise to the passing of the corresponding laws in the United States, with the difference tiuit in the United States armed vessels had actually been fitted out, and had actually com- mitted hostilities and depredations against the commerce of a friendly Powc , whereas in Great Britain it was only apprehended that some vessels were about to be fitted out and Part III. Introductory statement. Jis])atclied with a like purpose. The Legislature of Great Britain, [■gisiaiure oi ureal uriiain, in framing the law of 1819, appears to have adopted Bs its model the law which had been ))assed by tlie Congress of the United States in tlic jrecccMng year. The British Act is, however, as regards the matters now in question, More stringent, rigorous, and comprehensive than tliat of the United States. Ill regard to tiie fitting out of vessels lor belligerent purposes, the section of the Act of the United States which defines the oflencc is as follows ; — " ,Sic. .1. .\ml Ih" it I'lirtlicr I'liiictcil, 'i'lmt if any person slmll, witliiii the limits of tlio rnitcd Istatt's, tit out mill uriii, or iill('iii|il to tit out ami arm, or i)roi'iiri' to bo titti'il out niul armed, or shall ltii(i\viiiS.'lv 1)0 eoiieoriied in the furnishinic, (iltini; out, or iiriniiij; of any sliip or vessel with intent that »ueh hhip i.r vessel shall he einployeil in the ser\ iee of any foieij;n I'rinee or State, or of any eolo ly, jislriet, or iieoplo, to erui/.e or eoininit hostilities ayaiiist the sul)jeels, eiti/.c ns, or propeiiy of aiiy iforeiiin I'rinee or Slate, uv of any colony, distiiel, or people with whom the I'nited Stales are at pe.iee, or sliall issue or deliver a eonimission wilhin ilie teniloiy or jurisdielioii of the I'nited States. <',,r imv jhip or vessel, to the intent thai she inav ho employed as aforesaid, every person so ollendiiij,' shall he Buillv of a liigli iniKdemeanour. and shall Ix- lined not more than Id.Oil) dollars, and impiisoiu-d not iKire than tliree years; and ov , provineo, or jiart of any provinw or ••Mple, as II transport or ore ship, or with iiileni to crui/,e or commil hosiilities ati«insl any frill e, SiHle, or I'oU ntale, or aj{ainsl llie suhjecls or liii/ens of any Prineo, Stale, or I'olenlale. »){iuiist the persons exereisinn or ussumiii;; to exercise the powers of iioverninenl in any colony. iMMiY, nr part of any province or count rv, or imiiinst the inli.ihilants of nnv foioiyn colon \ , iirDvince, niirl ol nnv province or counlry. with d to make seizure'^ f-r any forfeiture incurred under any of the laws of Customs or Excise or the laws of trade and navi-aiiun, to seize siich ships and vessels as atoresaid, and in such places and in such manner in which the officers of His Majesty's Customs or Excise and the otHcers of His Miijesty's Navv are empowered respectivelv to make seizures under the laws of Customs and Excise or under the iaws of trade and navigation; and that every such sliip iind vessel, with th<> tackle, apparel, and 01 me «_>ourt ill wimci nuLii uii»,iiu>-i »i.. ' ^ . . apparel, and furniture, together with all the materia s, amis, amimini i to or be on board of any such ship or vessel, shall he forfeited ; and of His Majesty's Customs or Excise, or any officer ot His Majesty s furniture, to"etlier with all the materials, arms, ammuiiitioii ami stores which may beloiiu' to or be on bo-"' of'sucTi ship or vessel, may be prosecuted and condemned in the like inanner and in such Courts as ships or vessels may be prosecuted and condeiiined for any breach of ''■ ■ ' '■ ' • '■ nrntpction of the revenues of Customs and Excise, or of the laws of trade and protection of the revenues i f the laws made for the iiavii;ation. The 10th and lltli sections of tlic American Act (whicli are commonly reCeiied to iis the "bonding clauses") were not introduced into the British Act; but, inasn)ueh as neither of tliese clauses could liavc been a|)|)lied with efl'cct to any of tliu vessels which sailed from British ports iluring tlie war, and the acts of which iuivc {,nven rise to the claims now in (luestion. tiiey may l)e dismissed fioni consideration in comparing the two Acts for the purposes of this discussion. Durinir the forty-two yeiirs which elapsed between tlie jjassinir of the Act of 1811) and the year 1862, only one ease founded on an aileiion ol the Secretary oi State for the lloiiie Drpartment. The ollieial iidviscis df the (Joveinmint on ipieslions ot' Inw are the Att(irnev-( itiieriil, the Solicit((''-(ien(ral, and fhi' QucenV AiUocatc. 'i'o tlux- liinctionarits (wlioiii if is usual to designate c(/lleeti\ely as the " l.aw Olliii is of the ( 'town ") the (ioveriiinent reli is for advice on such ipicKtions of law as may arise in the adiniui>tratii)n ol public atlaiis, and it guides itself by their advice in dealing with mk h i|U<'s.lions. To till' foregoinif sluteinenl re^iiecting the law of (Jre.il Britain so far as it speeilic.ilh relates 1(1 the matters now in (piestion. it is pro|>,r lu add that, according to the genei\il principles ol the constitutional law oltlie Kingdom — 1. The Kxeeutivc cannot de|)rive aii) persiiii, even tenipor;, ily, of the possession or rnjo;'nient of proja-rty, nor subjeet him to bodily restraint, unless by virtue and in excreisi of a power created mid eonleireil on the Kxeeutivc b\ la\s. 2. No pcr»(in ciin be \ miied with a liirleilnie nl |iiopeifv, nor sidtjeeted to any piniili\, unlenK for brein h uf a U^, nor unless such breach eiin be proxed to the siitislitelinn ol :i C()m|ielent le;:al Tribiinid. by testimony uiveii on oath in open Court, subject to the riije* of procedure eslablislied heie lor 'he due adininislr.ition of justice. Kvery witness is liiihl< to be cn)t>«-exumined by the accused party or his advoeiile. li. No |)erson can be compelled lo answer a (|instionput to liiui ill Court ol' law il ll, question is auoh that, by auswi-ring it, he would incur the risk of a penalty or ol u pros.- cution beft're n rriminal Tribunal. Statements i,n h«ar»av are not udmiBsihle as evid.iar The ])reventit any othci It r submitter Foreign I proved to After vention \vl (ioverniiic Govern me It im United St.i ports, harl; ill to the States whit oil" entirely which iJie* factiircd gc produce I more. It si lation of m largely, don was lor a li quite inadeij hastily pioc coast-line. ' L is evi: only to the | evciy effort ii in the ye.ir I and for the p of a pccuhail block iidiiii,' sj oniploycd in yiirils of (;r(| countries, anj ll.T.M, time not (oij C'onlidciiitc recugiii/ed ill polls were \\j war) that IIhI that iiuainsl t| (lovcrniiieiil I or persons wl iiiu', or piirclil hicii not onl «'cparltn('iit iil tin' (•Dvci'iiiin lit. iiii|uiii('.H will' iiiimedialcly (liicitiil to he iiiaile on the spot, and il \tiis jouiid, i\^ the r 'r^iilt of sudi inquiries, that there wa.'* no reason to believe that the vcsmI • A))))cni]u. \ ■'. ii, p. I.'i;t was intende Mr. Adams i " Sir, '' I .ncqur with the propc Hartlepool, wl people of the 1 " I have I been submitte advised that th of the vessel. " The 7th of a vessel for t but has no ref intcnlion that t " The pora nations, mav ha contraband of w The Bern she was empio entering that j captured by a '1 i " vesjc mmt \,ore the which are with preparation, de Parts V and V] In Novc then in course ship Hector, for Her Majest The next, On the iind inclosiire " My Lord, " It has iier the neutral Icni the presi'iil war tlie iiiiled JSlale the nuthority for tlic eve of Jcpar rorrohorative evii representation w til |uirsiip a Himil of the I'nited S| far m to emilile i it'iimiM for the pri * Appendix jCII 33 the IStli August, Part III. was intended for warlike use. Earl Russell, on the 22nd August, 1861, wrote to M. A.l«ms as follows :— Introductory Mr. Adams as follows : statement. Ear/ Ihmsi'll to Mr. Adamx.' « jgj^ " Foreign Office, Auj/iist 22, 1 86 1 . '* I acquainted you in my letter of the IStli instant that I had lost no time in communicating with the proper Department of Her Majesty'- '^'overnment respecting the steam-vessel fitting out at Hartlepool, wliich you believed was about i j dispatched with a view of making war against the people of the United States. ..... "I have now the honour to state to you that the result of the inquiries into this case having been submitted to the proper Law Officer of the Crown, Her Majesty's Government have been advised that there is not suflScient evidence to warrant any interference with the clearance or the sailing of the vessel. ,-,.,. " The 7th section of the boreign Enlistment Act, 59 Geo. Ill, cap. 69, applies to the equipment of a vessel for the purpose of b-iing employed in the service of a foieign State as a transport or cruiier, but has no reference to the mere luiture of the cargo on board, and there is at ])resent no proved intention tliat the vessel itself is to be employed for a warlike purpose. " The peraons engaged in the venture must take the consequences which, according to the law of nations, niav happen to ensue during transit, owing to a portion of the cargo loaded by them being contraband of war. " 1 am, &c. (Signed) "Russell." The Bermuda was douhtless intended for blockade-running, for which purpose alone she was otnployed. She sailed from Liverpool with cargo for Savannah, and succeeded in enterinu; tliat port and returning thence to Liverpool. On her second voyage she was captured hy a United States' ship, and was condemned ns prize. 1 i " vesjcls to which Mr. Adiims next called the attention of Her Majesty's Govern- ino'^t v.cre the Oreto or Florida and the Alabama, originally known as "No. 290." The facts whicli are within the knowledge of Her Britannic Majesty's Government, relating to the preparation, departure, and subsequent history of lliesc two vessels, arc fully stated in Farts V and VI of this Case. '"U.\N11B ,\l)AMH.' The Hector. In November 1862, Mr. Adams made inquiry of Earl Russell respecting a vessel tiien ill course of construetion at Glasgow, which subsequently became Her Majesty's sliij) Hector. He was informed in answer (as the fact was) thai the vessel was being built for Her Majesty's Govcrnment.t The Georgiana. The next case was that of the Georgiana. On the 17th .January, 1803, Earl llusseli received from Mr. Adams the subjoined Note iind inclosiire ; — ^fr. Adams In Earl Rii.infll.X " My Lord, " Lct/alioii of I hi' I'liilid States, Loiiduii, Jaiiuan/ 10, 18G3. " It has i)Cconic my painful duty to call your Lordship's attention to one more of the cases in which the neutral territory of ''rent Mritam is abused by cvil-disposcd persons for the wor.st of purposes, in tlie nresiMit war. I have llie lionour to transmit a eo|>y of a letter addrcs.sed to mo by the Consul of the I'nited States at London, K'^''"K ''i^' |)articulBrs bused upon credible inforniatioii received by him, tiie authority for which it is not in IiIh power at present to disclose. As the vessel is known to be on tlif eve of departure from the port of Liverpool, I fear I have not the time neoesinry to procure rorroixirativc evidence from tiint i)lucc. l.'nder these circumstances I feel myself impelled to make this rcprcacntalion without further delay. I have reason to believe that the vessel in question is intended to pursue a Hiniilar course with that furnierly called No. 290, to wit, tiio destruction of the commerce iif tlu' I'nited Slates. 1 therefore solicit tlie interposition of Her Majesty's (Jovernment, at lonit so liir ns to enable me to procure further ovidenee to establish the proof of the allegations here mitde, in ieiin(m for the prevention of this nefarinns rntrrprisc. " Praying, Ike, (Signed) "Ciiarlrs Fhancis Adami." Appendix, vol, li, p. l!)H. [GIJ + Ibi.l.p, l»!l. t Ibid., p. 147. F I"' i Part III. Introductory stAtement. 34 (Inclosure.) Mf, Morse to Mr. Adaitui, ', j^j « Consulate o/'t/w United States, London, January 16, 1863. « I liave information, on evidenco wl'ich secures my belief, tiint the iron screw steamer Georgiana, Captain Davidson, now in Sandon Graving Dock, Liverpool, is intended for a Confederate privateer, and is now fitting for tlie business of privateering. Slie was built in the yard of Mr. Laurie, at Glascrow. Mr. George Wigg, of New Orleans, contracted to have her built. She is now, I presume, hut temporarily (for securitj-, until she gets of!) registered in the name of Niel Matliieson, Secretary of tlie Confederate Aid /Association at Glasgow. She is so constructed that armour plating could be put on to her at any time after leaving the port where she was constructed. " She is a well-built, fast vessel, ringed for fore and aft sails, and is over 400 tons, net measurement. She left Glas"ow for Liverpool on the 3rd of the present month, and is now at the last-rdraed port pieparing for^sea, She has port-holes cut for four rirted cannon, and bolts, &c., arranged for them, since she" left Glasgow ; and also a portion of her armour plating nut on, and s:r.all-Brms enough for n crew of privnieersmen. She will take some forty or fifty men, all told, from Liverpool, and make up a full crew nfter leaving. Among those now engaged is a gunner, once a Serjeant in the Itoyal Artillery. She is advertised for Nassau, and will jiretend to go out as a regular trader. " I regret that I am unable to sustain the aliovc statement by the affidavits of my informants ; but I am bound in honour not to use their names. My information concerning this ste.imer, for the last five or six weeks, confirms the accuracy of the statement, and I have full confidence in its truth. '• The Georgiana will call at Queenstown for coal. "Your obedient Servant, (Signed) "F. H. Morse, Co/i-w/." Itnmefliately on receiving tlie said Note and inclosure, Earl Russell sent coj)ies of them to the proper Departments of t'le Executive Government, with a request that instant inquiry niiiiht lie made; and on the same 1 7th .TiUiunry, 18G3, he wrote to Mr. Adams as follows : — * Earl Russell In Mr, Adams. "Sir, " Foreign Office, January It, 1863. "I have the honour to acknowledge the receipt this day of your letter of the Ifith instant, inclosing a letter from the United States' Consul in London, giving the particulars based upon credible information received by him, the authority for which it is not in his power at present to disclose, respecting an iron screw steamer named the Georgiana, Captain Davidson, now lying in the Sandon Graving Do"k, at Liverpool, which he believes to be intended for a Confederate privateer, and to be now fitting out for the business of privateering. ■' J imve ciimniunicitod copies of your letter and of its inclosure to the Board of Treasury, and to the .Secretary of State for the Home Department, without delay ; and I have requested that orders might be sent l>y telegraph to the proper authorities at .'^iverpodl, enjoining them to take such steps in the matter as may legally be taken. " I think it rii;rit, li^mover, to observe thai Her Majesty's Government cannot be answerable for any di**i('ulty wliicli may be ex))erienced in carrying out those orders, in consec|uenee of the cvidenop on which the statement of the I'nitetl States' ('onsul is muiie being withheld from them. " 1 have, Ike. (Signed) •' Ruibbll." A lek'nrapliic despatch directing an immediate investigation was on the same day sent to Air. Price Edwards, the Collector of Customs at Liverpool. The vessel and her papers were examined accordinj.jly, and, on the following; diiv (Simday), the Collector reported by tele;;raph the results of such examination as follows : — t "Georgiana, Hritish, 1(1/ tons register; brig rig; cargo, nieroliaiidisc, provisions, and drugs; „„ , guns on deck J no lilting for guns on board; one cwt. powder; iron l)uKvarks ; no port-holes fur guns; no fittiii;;s for guns on board; a fast vessel; forty, crew ; not fitted as a privateer; better adapted for ruiniing the blockade; cleurud out for Nassau; now in the Mersey, and is intended tu leave to-day, say t I'.m. " Suuiltni, Jiiiiiiiiri/ 18." Detailed reports of tiio examination were subsequently made by the officers employed for the purpose, and were as follows : — | !*r;iorf nl'lhr Siinriiiir iif ( iiHliims, Liverjioijl, to the ('ulterior of Custonts, Liverpool. ">■>. " .^Kiiduii, January \H, \HC,.\. " Ln".t night, about fen o'llo K, I trceived the t.li",i;iiii seiit In yoii relative- to the Georgiiiiu, I but. being Inn late. I liiul no altcrimlivc but to wail (ill this niorning caily, when I went in search ui f ll>y vcsmI, iiiul found I'lat she had hauled into the river on .Saturday. .\|t|Hllilix. Mil, ll-^. I llli ll!l. 11)1(1., Iftl « I ga' as we were , were ashore. " I thei I found not! bills of ladin " Amor thev were in ■ " I also against their charter-party "On th( no fittings foi " Under " The Collect( "I have! a tide-waiter. my turn off du f had gone into then accompan down we met t go to the ship i the Georgiana ( board and had I appeared to hav I saw. There > several times b ordinary iron sc rigged, and not i impossible that support to susta I lying on the top I ordinary thickne " 1 am satis Jin no way fitted farrival made sevd I intended for wt I concerning her. " Signed an| A letter I Mayor of Live] vessel. InquiJ I not fitted or iiJ j purpose of rnl hiiurced in herf K'liiis for her I sliipbuilder's fj jcs{a|)c of wat( I heavy sea.f All theinJ The (;eor[ J lor NassHii, ail J Charleston Imij liiground and wl On the 23 Imid inclosure :| I'' My Lord. " 1 liaye tlj fliyme from .Mr. • AinK'iidix, vol Ml MoBSB, Comil." js on the same day the officers cmployori statement. as Part III, " I gave directions to the Acting Assistant Surveyor, Mr. Webb, to accompany me to her, but, as we were going, I met the master of her (Davidson), who informed me that all the ship's papers Introductory " I then accompanied the master, while Webb went to the vessel. On inj' inspecting the papers, I found nothing to induce the suspicion that she was intended for pi-ivateering. She had a great many bills of lading, in which the goods (cargo) were consigned to parties at Nassau. " Amongst other things, there were a great many packages of drugs, which convinced nie that thev were intended to run through the blockade. ' " I also saw the ship's articles, upon which the names of all the crew stood. Tlie amounts set aeainst their respective names, forty in number, were not higher rates of wages than usual ; and his charter-party was in the usual style, and destined him to Nassau, Havana, or New Orleans. " On the return of the officer from the ship, he strted that she had no port-hules, no guns, and no fittings for guns on deck, and nothing to denote that she was intended for a privateer, " Under these circumstances I am respectfully of opinion that she is in no way subject to detention. " V ery respectfully, Ike. (Signed) " C. Morgan, Sui-veyor, « The Collector." Declaration of the A cting Assistant Surveyor of Customs, Liverpool." " I have been in the service of the customs nearly twenty-seven years. I entered the service as a tide-waiter. A'esterday morning (Sunday) the surveyor, Mr. Morgan, called at my house (for it was my turn off duty) about 7*30, and asked me if I knew where the Georgiana was lying. I told him she had cone into the river on Saturday, and was then lying in the Mersey, opposite the watch-house, I then accompanied him towards the boarding station at the Prince's Dock Pier-head. As we were going down we met the captain, Davidson. lie said he was going to the ship. Mr. Morgan then desired me tu ffo to the ship in the river, while lie turned back with the captain to see liis papers. I went on board the Georgiana at about 9.30 am. She was about half a mile off the great landing-sta^e. 1 went on board and had the hatches removed in order to examine the cargo. She was not above half full. SIh; appeared to have a quantity of tea and bale goods on board ; also, oil, tallow, and provisions, w' oh 1 saw. There was no objection made to my going into any part of the vessel. I have seen the vessel several times before, both while she lay in tlie Sandon docks and in the graving-dock. She 'j an ordinary iron screw-steamer, i.e., not built stronger than the ordinary merchant-vessfil. She is brig- rifged, and not fore and aft. She has no port-holes, and no i)lnces fitted for mounting guns. It is impossible that she could have port-holes without a total change in tiio bulwarks, there being no i support to sustain the recoil of the guns. There were eighteen or nineteen iron jilates c<\ board, I lying on the top of the cargo ; tliey were of the same thickness as the liuU of the vessel — that is, the [ordinary thickness for merchant-vessels, I " 1 am satisfied, from the construction, general fitting, and adaptations of the ship, that she is {in no way fitted for a privateer. I specially noticed the vessel alter she cuine to the port, and on her [arrival made several inquiries about her, and so satisfied was I then, and still am, that she was not I intended for warlike purposes, that I did not consider myself colled upon to make any report ! concerning her. (Signed) "J. Weuu." " Signed and declared before me, at the Custom-house, Liverpool, this I9th day of January, 1863. (Signed) " S. Price Edwahus, Collector." A letter was als--^ sent by the Secietary of State lor the Home Department to the I Mayor of Liverpool rcciiiestini^ that inquiry should be made by the police respecting tiie vessel. Intjuiry thus made confirmed the reports of the officers of Customs, that slie was not fitted or intended for war. She was a vessel constructed with a view to speed for the purpose of running tlic blockade, shghtly and iiastily built. Two port-iioles iind been pierced in her on each side; these, it was stated, might be used to enal)lc her to carry guns for her own ju'otection, as many merchant- vessels do, but were intended (as the shipbuilder's foreman, who superintended the piciring of thent believed), chieHy for tlic escape of water, of wiiieh, from iier great speed, siio would shi|^) large (piantitics in a [heavy sea.t All the information Mius obtained was transmitted at once to Mr. Adams. The (ieorgiana sailed from Liverpool on the 21st January, IH(i3, with a general eargo I lor Nassau, and thence for ('harlcHton, as a blockade-runner. In attempting (o enter (huileston harbour, she was ehascd and fired upon by the bloekading vessels, and was run [iiground and wrecked.| The Pluintom. On the 27tii March, I8(JU, Earl UusscU received fVom Mr. Adams the subjoined Note Innd inclosurc : — § Mr, Attains to liurl Hiinmll, I'' My Lord, " Lei/utiun nf llic Viiitvd Stalls, London, Miircli •2C>. l«f!3, " 1 linvc flie honour intciidi'd fnr the naval ocrvici' ni the B -ard of Messrs. Miller and Co , and that lier engines are l)eing made and fitted by Messrs. V ^ rctt Preston and Co., of Liverpool ; that she is in an unfinished state, and not expected to proceed t ■ a. under a fortnight or three weeks. No distinct information could be obtained as to what she is ■"tended for but a strong impression exists that she is destined for the purpose of running the " The Southerner has not yet arrived at Liverpool. "A strict watch will be kept as regards both vessels. " I have, &c. (Signed) "Russell." Oil the 7th April, 1 863, Earl Russell received from Mr. Adams the following Note : — * Mr, Adams to Earl Russell. " Mv Lord " Lei/ation of the United States, London, April 6, 1863. " I have the honour to acknowledge the reception of notes from your Lordship, dated the 27th and 3 1st of Marcii, and two on the 3rd of April, in reply to certain representations of mine concerning vessels believed to be in preparation at Liverpool, for the carrying on of hostilities at sea, against the commerce of the United States. It is a source of great satisfaction to me to recognize the readiness which Her Majesty's Government has thus manifested to make the investigations desired, as well as to receive the assurances of its determination to maintain a close observation of future movements of an unusual character, that justify suspicions of any evil intent. " I pray, &c. (Signed) "Charle? Francis Adams." Mr. Adams subsequently (viz., on the 16th, 19th, and 23rd May, 1863)t sent to Earl Russell copies of several sworn depositions made by a detective police officer at Liverpool who had been employed to watch the ship-building yards, and by other persons. These depositions tended to show that thi) building and fitting of the Phantom was superintended by persons in the employ of Messrs. Fawcctt, Preston, and Co., a firm of ironfounders and engineers carrying on a very extensive business at Liverpool (a member of which firm was the registered owner of the vessel). It also appeared from the depositions that a Captain Bullock (to whom reference will be made hereafter) took part in superintending the work ; and it was further sworn by two of the deponents (who were police-constables) tiiat the vessel was entirely cased in steel-plates; that she had three port-holes on each side, with steel-plate shutters ; that she had very little room for cargo ; and that she appeared to them to be built for war purposes. Immediately on the receipt of these depositions, further inquiries were directed by Her Majesty's Government, and were prosecuted accordingly, and the result of them was, on the 27th May, 1863, communicated by Earl Russell to Mr. Adams in the following Note -.—t Hurl IhissvU to Mr. Adams. •> Sir. " Foreign Office, May 27, 1863. " I liad the honour, in my note of the .Jrd ultimo, to communicate to you the result of the inquiries whicli iiad been instituted by Her Majesty's Government, on the receipt of your letter of the '.'(ith of March, in which you dcnoum-cd the Phantom steamer as being in course of construction at Liverpool as a vessel of war for tlio service of the so-styled Confederate States. "The evidence which 1 was then able to lay before you seemed to show that you liad been misin- furmed in this respect ; but as the depositions inclosed in your letters ol' the Kith, I'Jth, and 23rd instant n|)pcareil to call for further inquiry, Her Majesty's (Jovcrnnient did not lose a moment in causing such further inquiry to be made, and I now jirooeed to conununieate to you tlic result. "1st. With rcfiard to the iiilcL^ation that the Piinntoui has port-holes, the ('ollector at Liverpool has ohtainod from the Surveyor a report, from which it appears that, though the Phantom lias ports on deck, it is evidc'it t'roni their size and situation that they are iiiteiided for the escape of ivater, and not iiir u'uns, which the slreiiL^th of the deck is not siifticicnt to carry ; moreover, the permanent fittings on ilei'k would interlVrc with the workinif of :;inis. The Surveyor adds that, in his opinion, the Phantom is iutcTHled for nicroaiitilo iiursiiils, hut whether of a lawful character or for running the blockade there is no cviilcnce to show. "'.'iidly. Tin' ("ommissidiuM's of Customs, siiici' llu' date of my last letter, have caused a strict watch to be kepi upon the Pliaiitoin, hut luilhiiii; has transpired wortiiy of special notice, oiid tho several papers in regard to this xcssil, including the (h'ljnsitions forwarded by you, having been siihinitted to the let;:! adviser of that Hoard, he has reported that there is no evidence to warrant the sli|;hlest interference with her. Indeed it is stated that during a recent interview between that officer and Mr. Scpiarey, the Solicitor to the I'nited States' Consul at Liverpool, Mr. Squarev admitted Appendix, vul. ii, p. 171. t Ibid., pp. 171, 17a, and 170. X Ibid., p. 177. nil m I. 'I Introduotorjr iialcment. 38 that tl,3re was no ca.e against the Phantom, and that the recoil of a heavy gun would shake her to P'eoe*- "Ihavc-, ^c. (Signed) " Russell." In a subsequent Note to Mr. Adams, dated 30th May, 1863, referring to the same sub'eot, Earl R-^ssell wrote as follows :— * « The Surveyor further observe* that it is difficult for any one at uU familiar with the construe ticn and fitting.,/ vessels intended for warlike purposes to account for he supposition that the P)mn?om is destined for such a service, her hull being of the most fragile character that can be c, ncdved for a sea-going vessel, her steel plates being but a quarter uf an inch thick, and her iron fiame of the same proportion." The Phantom sailed on the 10th June, 1863, from Liverpool for Nassau, and is believed to have been employed as a blockade-runner. She was never used for war. The Southerner. On the 3rd June, 1863, Mr. Adams addressed to Earl Rusiell ihc following note led the Southerner, alleged to be fitting out at Stockton-on-Tees : — t respecting a vessel called " My Lord, Mr. Adams to Earl Russeli. 'Legation of the United Staten, London, June 3, 1863, " I iiavc the honour to submit to your consideration copies of two depositions relating to a. vessel which Iins been fitting out at StOckton-on-Tces, for sonic purpose not usual in times of peace. This vessel is called the Southerner, and is the same to which I called your Lordship's attention in my note of tlie 26th of March last. I think it can scarcely admit of a doubt that she is intended to carry on the same piratical mode of warfare against the commerce of the United States now practised by the so-called Alabama and the Orcto, The person superintending her equipment ajjpears to be the same who was equally active in the case of No. 2'JO. 1 therefore feel it is my duty to call your Lordship's attention to the case, in order that the proper measures may be taken in season to prevent any evil consequences to the peace of the two countries from the escape of such a vessel. ^ "I pray, &c. (Signed) "CiiARLKs Francis Adams." In this noie were incloted two depositions, sworn by persone who had inspected the vessel. These depositions, iiowever, furnished no evidence that slie was in any way fitted or intended for war. It appeared that she had two small guns mounted on her decks ; but these were afterwards described by Mr. Dudley himself us " small guns, such us are usually found in passenger vessels of her size." In answer to Mr. Adams's Note, Karl Russell, on tlie 4th June, 1863, wrote to Mr. Adams as follows : — I • Earl Kiissfl/ to Mr. AtitiuiK. " Sir. " f'orrii/ii Offii-i'. June 4. ls(;.3. " Your letter of yesterday respecting the Southerner was uiiforUinatcly not delivered at the Foreign Oflice till 8'.')0 p.m., some time after the business of the day was ended and the office closed. '• I have, at the earliest po..Bil)le hour this morning, Kinuiiunicatcd with the 'i'riiisury and lliiine Department, and 1 have requested that orders niiiy at onee be sent by telegraph to the proper unthu- rities, to i)ay iininediate attention to the cireumstaneeH set fortli in vour letter. "I have. «ce. (Signed) " Ri'sskll." Orders were Ibrthwitli sent accordingly, and the Collectors of Customs at Stockton and Middlcsboroufjli-oii-Tccs. at West llarllt'iioul, and Liverpool riNpcctively, were iiistrucled by tck-grapli to watch the vessel, to report any siisi)icious rircumstance, and, should there be any legal proof of a violation of the Foreign Knlistinent Act, to delay her, or, if necessary, detain her for the directions of the Board of Customs. The Collector of Customs at Stockton, on the same day (4tli June, l86,'l), reported concerning the Southerner as follows: — § " She appears to me to be ralculated for neither running nor lighting, but is certainly iv very superior mricliant-sliip, built, I should say, ex|)ressly for can ying bales of cotton. The owners appear to tne to have calculated, when they rontraeted about twelve months ago for buildii'g her, that the stock (if cotton in America would have been from gome cause or other released ere now. And, a» Apjicmlix, vol, il, p. 17!'. t Ibid., p. IN7. Iliiil,. p. 1!MI, § Ibid., p. IBU. shake her to to the same NCiB Adams." 1863, wrote to e, IbOM), reported Part in. freiehts upon the article would have ruled nigh for fast tessels, they doubtless expected to reap great — — nrofits. For the present, however, they would seem to have been disappointed. And I understand Introductory that a sister ship built in the Tyne for the same parties, has, for want of more profitable employment, statement, been sent to Alexandria on some miserably low freight." This report was coufirined by the Collector aud the Surveyor of Customs at West Hartlepool and the Acting Surveyor of Customs at Liverpool. These oflicers reported that she appeared to be intended for commercial purposes j that her ports were far too small for working guns, and were designed for letting away water ; and that the two guns on board of her were ordinary signal-guns, mounted on carriages such as are generally used by merchant-vessel • of her class, and were, as so mounted, merely fit for firing signals with blank cartridge* . „ „ On the 12tb June, 1863, Earl Russell wrote as follows :— t Earl Russell to Mr. Adams, « Sir, « Foreign Office, Jnne 12, 1863. " At the same time that I communicated to the Lords of the Treasury and to the Secretary of State for the Home Department, as I informed you in my letter of the 4th instant, the statements respectiii" tlic Si)u(lu'rner contained in ^our letter of the 3rd instant, 1 submitted those statements also to tlie consideration of the Law Advisers of the Crown ; and I have since learned from them that, in their opinion, the evidence supiilied by those statements would not support a charge against the vessel that she is so equipped, or fitted out, or destined, as t; constitute a breach of the provisions of the Foreign Enlistment Act, and that it consequently did not aft'ord sufficient warrant for arresting the vessel. " The greater portion of the two depositions inclosed in your letter consists of hearsay matter, or statements of mere belief, which, according to American equally with British law, are inadmissible in a Court of justice, and upon which Her Majesty's Government could not legally proceed. "Attention will, nevertheless, continue to he paid to the vessel, with a view of guarding, as far as possible, against her being equipped in this country in a manner inconsistent with the provisions of the Foreign Enhstnient Act. " I have, &c. ,, ; ; (Signed) "Russell." On the 3rd July, 1863, he again wrote as follows: — { f Earl Russell to Mr. Adams. "Sir, " Foreif/u Office, July 3, 1863. " I had the ho lour, -.n the 12th of June, to communicate to you the result of the inquiries which had up to that time been ii.stituted by Her Majesty's Government with reference to the statements respecting the vessel iSoutherii-jr, rontained in your letter of the 3rd of that month. I however added that attention should ii'jvcrtiiek .s continue to be paid to that vessel, with the view of guarding, as far as possible, against her being equipped in this covmtry in a manner inconsistent with the provisions of the Foreign Enlistment Act. " I have now to inform you, in fulfilnieut of that assurance, that Her Majesty's Government oonsideied it desirable to request the Board of Admiralty to associate wilh the Custom-house Surveyor at Liverpool an ollicer well acquainted with the build and equipment of vessels of war, with instructions to survey the Southerner, and to report the result to Her Majesty's Government. " That officer's Report h.as now been received, an'' I have the honour to acquaint you that it appears from it that the Southerner is an ordinary built iron screw steam passenger and cargo vessel of 1,5G9 tons, Vted witii engines of 300 horse-power; that she is also fitted with top-gallant, forecastle, and poop-^eiigci's, and was never used for war.§ I * Appendix, vol. ii, pp. 201 aud 20T. \ Ibid., p. 203. \ Ibid., p. '208. § Ibid., p. 200, Faitni. Introductory itatcment. 40 The Alexandra. On the 28th March, 1863, application was made by Mr. Dudley to the Collector of Customs at Liverpool, for the seizure of a vessel stated to be lying in one of the docks in the port of Liverpool, and called the Alexandra.* Mr. Dudley at the same time laid before the Collector six sworn depositions, one made by himself, and the others by various other persons, tending to show that she was constructed for warlike use, and that she was intended for the service of the Confederate States. Copies of the depositions were, on the 31 st March, received by Earl Russell from Mr. Adams, together with a Note, in which Mr. Adams stated that he would remit no exertion to place in the hands of Her Majesty's Government all the information that could be obtained. The receipt of this Note was on the same day acknowledged by Earl Russell, and instructions were immediately given that whatever measures could legally be taken in view of the facts thus brought to the knowledge of Her Majesty's Government should be adopted.! The depositions were at the same time laid before the Law Officers of the Crown, in order that they might advise the Government thereon. On the 3rd April, 1863, Earl Russell further wrote to Mr. Adams, as follows:— t Earl Rvssell to Mr. Adams. a ${r, " foreign Office, April 3, 1863. " With reference to my letter of the 31st \iltimo, I have the honour to inform you that the Secretary of State for the Home Department has instructed the Mayor of Liverpool to cause immediate inquiries to be made with the view of nscertnining whether tlic Alexandra, denounced by you in your letter of the 30th ultimo, is being equipped, furnished, fitted out, or armed, with the intention of her bein;; employed in the service of the so-called Confederate litates, with intent to commit hostilities against the Federal Government nf the United States ; and if this should appear to be the case, the Mayor is further instructed to adopt whatever steps can legally be taken in the matter. " I have, &c. (SiK.-.cd) "Russell." On the 5th April, 1863, the Alexandra was, pursuant to the direction of Her Majesty's Government, seized by the officers of the Customs at Liverpool, under the powers created by the 7th Section of the Foreign Enlistment Act ;§'and proceedings were soon afterwards instituted in the Court of Exchequer by the Attorney-General on behalf of the Crown, in order to obtain a condemnation of the snip under the provisions of that Act. Mr. Adams was informed that orders to seize the vessel had been given, and he, on the 6th April, 1863, wrote to Earl Russell as follows : — 1| Mr, Adams to Earl Russell, "My Lord, '■^Legation of the United States, London, April 6, 1863. " I have the honour to acknowledge the reception of your Lordship's note of the 5th instant, in answer to mine of the .30tli ultimo, making certain rei)resentations in regard to the character of a vessel in Liverpool known as the Alexandra. It is with tlie most lively satisfaction that I learn the decision of Her Majesty's Government to detain that vessel. Believing that such an act, at the present moment, is calculated to defeat the sanguine hopes of the common enemies of both nations, to sow the seeds of dissension between them, 1 shall remit no effo -t to procure all the information possible to support it. To that end I have, agreeably to your Lordship's suggestion, sent the necessary instructions to the Consul of the United States at Liverp(M)l to put himself in communication with the authorities designated at that place to pursue the subject. "I pray, &.c (Signed) "Charles Francis Adams.'' On the 22nd June, 1863, the cause came on for trial in the Court of Exchequer before the Lord Chief Baron (the Chief Judge of that Court) and a Special Jury ; the Attorney-General, the Solicitor-General, and the Queen's Advocate, with two other members of the Bar, conducting the case for the Crown. The trial occupied three days. At the close of the third day the jury returned a verdict against the Crown and in favour of the persons claiming to be owners of the ship.^ Application was thereupon made on behalf of the Crown to the four judges of the Court of Exchequer sitting as a collective Court, to obtain a new trial of the cause, on the grounds, first, that the instructions which had been delivered by the Lord Chief Baron to the jury as to the intent and interpretation of the law were erroneous ; and, secondly, that the verdict was contrary to the weight of * Appendix, vol. ii, p. 222. II Ibid., p. 231. t Ibid., p. 227. t Ibid., p. 229. % Appendix, vol. iii, p. (56. § Ibid., p, 232. Msm ^ven, and he, on *ANci8 Adams.'' 41 Paxtlll. testimony. Aflei- long argument, the hearing being continued during six days, this appli- cation foiled, tlie four Judges composing the Court being equally divided in opinion, and Introductory iudement was given against the Crown.* All the Judges pronounced their opinions "**■"*"• seriatim in open Court. From this judgment an appeal was made on behalf of the Crown to another tribunal (the Exchequer Chamber) composed of all the Judges of the Superior Courts of Common Law sitting collectively ; but it was adjudged, after argument, that the iurisdiction assigned by law to this tribunal did not authorize it to entertain the appeal. Costs and damages amounting to 3,700Z. were paid by the Crown, as the defeated party, to the claimants of the ship. Whilst these proceedings were pending, and after the verdict of the jury had been delivered, Mr. Seward addressed to Mr. Adams a ' „, "tcb, dated the I Ith July, 1863, which contained tlie following instructions in regan' i" V:v ..r.se of the Alexandra: — '•1st Vou aiv autljorized and expected to assure E. ■ ■ I'.i.s'jll that tliis Government is entirely satisfied that Her Majesty's Government liavc conducted iie i)roceedings in that case with perfect liood faith and honour, and that they are «ell disposed to prevent tlie fitting out of armed vessels in Britisli ports to depredate upon American commerce and to make war against the United States. " 2ndly. 'f his Government is satisfied that the Law Officers of the Crown have performed their duties in resiw'd to the case of the Alexandra with a sincere conviction of the adequacy of the law of Great BritaTn, and a sincere desire to give it effect. " .Jrdly. The Government of the United States does not descend to inquire whether the jury in the case were or were not impartial. It willingly believes they were so, and it accepts the statement made with so much unanimity by all the reporters of the case, that the judge who presided at the trial niiule the heneh responsible for the verdict by the boldness and directness of his rulings against the prosecution. "tthly. Great Britain being a free and constitutional country, and the proceedings in the case of the Alexandra having been thus far conducted by the Government in good faith and according to law, tlic United States would not he justified in deeming the verdict rendered by the jury a cause of national complaint, provided that the Government prosecutes an appeal to the higher Courts until it be determined in the Court of last resort whether the law is adequate to the maintenance of the neutrality which Her M.ijesty has proclaimed, and provided also that in the meantime the Alexandra and other vessels that may be found violating or ])reparing to violate the law be prevented, so far as the law may allow, from leaving British ports to prosecute their work of devastation." During the whole course of these proceedings, viz., from the 5th April, 1863, to the 24th April, 1864, the Alexandra remained under seizure and in the possession of the officers of Customs. At the end of that time, the Executive having no legal power to detain her, she came again into the possession of Messrs. Fawcett, Preston, and Co., the persons claiming lo be her owners, by whom she was, in June 1864, sold to a Mr. Henry Lafone, a merchant residing at Liverpool. By her new owner her name was tlicu changed to " the Mary ;" her littings o,: deck and below were altered and made apparently suitable to a vessel of com- merce; and in July 1854 she sailed from Liverpool for Bermuda and thence to Halifax. Mr. Seward, on being informed of her arrival there, wrote as follows to Mr. Hume Burnley, Her Biitunnic Majesty's Charge d' Affaires at Washington : — t Mr. Seward to Mr, BiintU'ii. "Sir, "' Dejmrtinenl of State, IVagliinyton, Svptvmhvr 13, ia64. " This Department has been informed that the steamer Mary, which formerly, under the name of tlu" Alexandra, was charged in the British Courts with having Ih-cu built for the naval service of the insurgents, has arrived at Halifax for the supimsed purpose of tliere being armed and equipped for that M'rvice that •' It is consequently suggested that you communicate with the Governor of Nova Sculia. in order tlic hostile designs of that vessel against the United States and their shipping may not be carried irl tiwini ni,V Illll*f U'iflllll lii.^ illi>iw
  • ' been known to ,Mr. Dudley, and III had sent inl'oiniation respecting Ibeni to the ( iovertniient of IIk l-nilcd S|.iii> connnenciu'C iu llie month of , Inly ISO'J. it was .Mr. D.i Ihy's opinion that they would be most loiMiiilable ships, possessing more power and sjiced than any iron- clads pre\ loudly built, and so heavily pl.ited as to be mvulncrablc. I'lirther deposiiinns in support of the application were Hubscijuentlv submitted hv Air. Dudley to the Collector of ('us(onis, and transmitted by .Mr. Adams lo'l'.:arl llusscll.* The second of the two vis-els above-mentioned was lautK bed i i l!a' Lilltli August, iHdM ; and an application, sup|)orted by sworn d Act, a vessel Iminchcd tiiree ore the Collector in which it was eh other. Iiad for if Messrs. Laird I and nianitcslly ,• of wnmnlil iron turrets tor heavy One onlv ot tlie elated, 'rtie said ,^,■^e iiilcndcd fur i)U (lie mil -iidy. fpnrtinents of the ^ tiuK' lieeii luiovMi niveranieni Jti, UUJ. 43 the Ist September, 1863, made by Mr, Dudley to the Collector of Customs at Liverpool. Copies of these further depositions were sent by Mr. Adams to Earl Russell.* Her Majesty's Government had, at the earliest moment, given directions that a strict watch should be kept over the vessels, and that diligent inquiry should be made for the purpose of ascertaining their character and destination. It was at first reported that they were built for the Government of France. Subse- nuentlv, they were claimed by a M. Bravay, a French merchant and member of a firm carrying on business in Paris, who stated that he had purchased them on account of the Pasha of Kgvpt. M- Bravay had in fact, in August 1 863, made an application to the French Government, stating the alleged purchase, and requesting that the food offices of the French Embassy in London might be used in his behalf, in order to enabl ; him to send the vessels to Alexandria ;t and it further appeared that he had, in February 1863, made a claim upon the Pasha's Government on account of two iron-clad vessels of war which he affirmed that lie liacl been ordered to procure by the then Pasliu's predecessor (who died in 862), and for which lie alleged that ho had paid a large siun on account. { Finally, he produced to thi' Ihilish Naval Attache at Paris a number of papi'rs relating to the vessels, and furnished him witii a copy of a legal instrument, dated Ihth .July, 1863, from which it aiiijcared tliat the iron-clacis had, in fact, been built to the order of Bullock, but that Bullock's interest in tlieni had been transferred, or purported to be transferred, to Bravay. § On (he -Sth August, lH6.'?, Ilcr Britannic Majesty's Consul-CJcneral in Egypt I'cportcd to the Government that the Pasha of Egypt re'used to ratify the order alleged to ha\'e been given by his jiredeccssor, or to purchase the vessels. This Report was received hv the Government on tlu' .'ith Septcinlier. i| On the same r)th September the hiiildcis of the vessels, in reply to an inquiry addressed to them hy the I'nder-Sceretary of State for Foreign Afl'airs, wrote to him as follows :— 1 Mt:inrs\ J.iiiril liriit/ivrs In llvr M ii ii-nl i/' " Fi>riiiiii (>f/ii'i\ i destination of the vessels. On the !llh Septetnhcr, iNli.'l, huili vessels h.ing then ir. an iiiiliiiishcd state, the following notice was sent to the huildcrs hy tho (Ji'cretury of the Treasury ; — llir MhjvkIii'h 'IViimiirii In Mts.ir.i. I.iiinl IhnlliifH. ■ (ieiitlcinen, " Tivnmti ii i liiiiiihrrn, Si/ilfiii/iir 9, ISfi.l. " I am desired bv mv Lords {"omtnis>ioiK'rs of Her Majestv's 'treasury to ac(piaint you that their l.iirdships ha\c fill it llieir dulv to issue orders to the Connoissioiurs of Custiuns that the two iron- I'jiiil steuMlcrs now m the course of cinnplelion in your dock at llirkenhend arc iui( to he permitted to liuve the Mersey until satislaelory cvideiuv can lie ^iven (^t their dcstniatinii, or at least until thu iiKjiiiries whicii are now beint( piosveuted with ii view to obtain such evidcuee shall have been l)i'0U|;h til a eiinclusion. " I am, \e. (Sig.ied) "Ukouiik. .\. II.\Mii,roN." " Messrs. Laird and Co., KirkenhemI," Partltt. Introductory statement. M i 4 * Appelidil, vol. ii, pp. Hi, a4tf. J Ibid., p. UTA. t Ibid., p. ase, Ibid , p, U.i. t Ibiil . p. 8ia. % Ibid., p. ;t.vv G 2 Part III. Introductory itatament 44 The builders replied as follows : — * « In reply, we bee to inform you that we have forwarded a copy of your letter to Messrs. A. Bravav and Co., at No. 6, Rue de Londres, Paris, on whose account we are building the vessels, and to whom we beg to refer you for furtlier information ; inasmuch as our engagement with them is to deUver the vessels at the port of Liverpool when they are completed according to our contract." The builders having informed the Collector of Customs that they wished to take the /essel which was nearest completion (named El Tousson) for a trial trip, in order to test the machinery, but with an assurance that she should be brought back again, they were told that circumstances had come to the knowledge of the Government which gave rise to an apprehension that an attempt might be made, without the privity and against the intention of the builders themselves, to carry away the vessel by force while on such trial- trip.t The Government, therefore, could not permit the trip to take place, unless on the condition that a force of seamen and marines, from Her Majesty 'sj^Channel Fleet (which was then in the Mersey), sufficient fo defeat any such attempt, should be placed on board of the vessel. , . .. , ,,., ■ ... On the 7tli October, 18(i.'3, the builders were told tiiat, m consequence of further information received by the Government, it was deemed necessary to place an officer of the Customs on board the vessel named El Tousson, with authority to seize her on behalf of the Crown in the event of any attempt being made to remove her from her actual position, and that he was instructed to obtain from the Commanding Officer of Her Majesty's ship of war Majestic nny protection which might be necessary to support him in the execution of his duty.t On the 9th October, 1863, orders were issued to seize both the vessels, and they were seized accordingly.^ The vessels remained under seizure from that time until the month of May, 1864, when they were, by agreement, sold and transferred to Her Majesty's Government for the aggregate sum of 220,000/. || The evidence which the Government had up to that time been able to obtain, was so imperfect as to make tlu- event of atrial doubtful; and in agreiing to the purchase, iler Alajesty's (Jovernment was mainly actuated by a desire to prevent by any means within its power (however costly^ vessels of lo formidable a character, constructed in a Uritish port, from passing directly oi ndirectly into tiie hands of a belligerent. The Canton or Pampero. On the IBth October, 1863, Earl Ru8.sell received iiom Mr. Adams the following Note (with an inclosure): — % Mr. .Ii/iiiiis to Hail HiiKHvIt, '' My Lord, " Li\i/atioii of III i- t'nilrd State*, Limilon, Ortuber 17, IHfi.l. " It is with great regivt thiit I find it iny (hity uncf moiv to cal lyour I>r,/. % IIm>I., p. -107. cations n produced appeared i liarities in into a regu contracted and this fii merchant s States. The V changed to made a fori on oath, to of her bein was furnisli Mr. Adams. By the to the prodi of the vessf and Dumbii himself a ci( was, dcsirou might 'ue cai and was as fi " My dear Sir. " When i under the imp would jircvcnt transaction, i would seem to pressure of the of being the pr it will be bettc liberal ncfioii. " In thesij cotton certitica " Tlie iiiel you at once to I '■ Edward PenJ On the seized by thei obtain a deel when, no dell (Icelared fortif up to her owl T/ir In the >■ two vessels n| flic Virginia, j mil ill |)(irts ilcstined for) inl'ormation (povi'iiiiiieiit,| giiiuiuls of Kvceiitivr ill! lor purposeHJ cn»es wei'e nf The Alii l)i|mrfment.j • Apil S Ihid.,; 45 Part III. r to Messrs. A- the vessels, and with them is to ■ contract." hed to take the n order to test igain, they were lich gave rise to ind against the Ic on such trial- e. unless on the el Fleet (which placed on board loncc of further ace an officer of ize her on behalf from her actual ; Officer of Her y to support hin\ vessels, and they it time until the nsferred to Her idence which the t as to niuke the ty's (iovernmcnt. !• (however costly"* lassing directly oi he following Note Orlohrr 17. IS"'^- lip's attention to tlii' u'ir irsistiinre to tlic I mlditioii to II vcn , l)ul not yrt ho far hiunchcd. nilii'd tlir 1 up and ditpatclicd dKhip'^t (onsidi'nitiiiii ontid of till' Iniltd cntertaioN no dmilil of constructioM ami on whii'li to lia-i' ;i urt'H t'> anoc'ain tlu' I'llANCI' AoVMh" llic Cimtdii. Dmmuiiii'uted In tin' 11(1 local aulhdiilii^ niciisuris ii-^ minlii ,ith very litllc n^nli ustoms. iiixl hy llii' 'de ; and the specili statement. cations n which she was constructed, as well as the contract for building her, were i^t^^y";;" nroduced and exhibited by the agents through whom the contract had been made. It ....„„.„». ' appeared that, though she was being fitted up as a passenger ship, there were some pecu- liarities in her construction such as to render her capable of being converted, not indeed into a regular ship of war, but into a vessel serviceable for war purposes. She had been contracted for by a person resident in London, throuejh the agency of a Glasgow firm ; and this firm, as well as her builders, stated that they believed her to be intended for the merchant service, and were not aware of any intention to dispose of her to the Confederate States The vessel was launched on the 29th October, 1863 (her name having been previously changed to "the Pampero") ;* and the United States' Consul at Glasgow soon afterwmds made a formal application that she might be seized, supporting it by several depositions on oath to which others were afterwards added from time to time-t No evidence whatever of her being intended for the Confederate Service, beyond vague rumour and hearsay, was furnished by the United States' Consul in these depositions or otherwise, nor by Mr. Adams. Bv the end of November, however, the inquiries directed by the Government had led to the production of some evidence, and it was eventually ascertained that the real owners of the vessel were several persons resident respectively in London, Manchester, Glasgow, and Dumbarton, and that they were under a contract to sell her to one Sinclair, calling himself a citizen of the Confederate States ; but that Sinclair had lately been, and then was, desirous of cancelling the contract. A letter from Sinclair asking that the contract might lie cancelled, was placed in the hands of the Law Officers of the Crown for Scotland, and was as follows : — J "My dear Sir, " London, SvpltuHber 24, 1863. " When I made a contract with you in November last for the building of a steam- ship, 1 was under the impression, having taken legal advice, that there was nothing in the law of England that would iirevent a British subject from building such a vessel for any foreign subject as a commercial transaction. Although the recent decision of the Court of Exchequer in the case of the Alexandra would seem to sustain the opinion, yet the evident determination of your Government to yield to the pressure of the United States' Minister, and prevent the sailing of any vessel that may he suspected of being the property of a citizen of the Confederate States, is made ^so manifest that I have concluded it will be better for me to endeavour to close that contract referred to, and go where I can have more liberal action. " In these cir.-umstances I desii'e to put an end to our transaction, by your returning me the cotton certificates which I delivered to account of price, and my cancelling the contract. " The increased value of shipping since the ilate of our transaction will, I have no doubt, enable vou at once to meet my wishes in this respect. I shall feel much obliged by an early reply. (Signe(l) "(i. Sinclair. " Edward Pembroke, Esq." On the 10th December the Pampero was, by direction of Her Majesty's Government, sci/ed by the Collector of Customs at Glasgow, and legal ])roceedings were instituted to obtain a' declaration of forfeiture. § The case was appointed to he tiicd in April 1H(J4; when, no defence being made, a verdict was entered for the Crown, and the vessel was (irclared forfeited. She remained under seizure until October IHti.'i, and was then given up to her owners, all reasons fur detuining her being at an end.|| Tlif Amphion, the Hawk, thr ]'iri)ln!a, fhfi Louisa Ann Fanny, the Hemtlff, In the year 1SG4 representations were made by Mr. Adams to RnrI Hussell respecting two vessels nanted the Amphion and Hawk ; and, in the year iHti'i. respecting three others, tlif Virginia, the Ixniisa Ann Kanny, and the Hereides, all of which he alleged to be fitting out in jiorts of the United Kingdom under suspicions circumstances, and to be probably destined for the naval service of the Confederate States. In each of these cases the inliirniation furnished was immediately transmitted to the proper Departments of tlie (iiivernnient, and careful intpiiry was made, in none of them were any reasonabh' gidunds of Huspieitin found u\\ examination to cxi^ ,, which would have justified the Kxerutivi- in interfering, and none o* the suspected vessrjs were ever ii\ fact armed or used lor |)urposes of war. 'i'he dates at which Mr. Adam-.' repri .«entations in fhe.se several rases were respectively first received, and w're iclerred for iiiipiiry, were as follows: — The Ampliioii. — Received .March 18, 1804; refennl on the same day to the He Urpartment.^ lome |>]i. .1S8. aSn, i>t "HI- * A|)p»nthii, vol, il, p. 471. § Iliid., p. 590. t Iblil.t p. 480. I llild., p. s.ia. \ lliiil., p. ."ill. •I Ililit, pp. AGIi, fiG7. Part 111. Introductory statement. 46 The Hawk.— Received April 16, 1864; referred to the Treasury, the Home Depart- ment, and the Lord Advocate (the Law Officer of the Crown for Scotland), April 18, 1864 * The Virginia and Louisa Ann Fanny.— Received January 30, 1865 ; referred to the Treasury, February 1, 186.5.t ^ , ., m i . The Hercules.— Received February 7, 1665 ; referred to the Treasury and to the Home Department, February Sand 9, 186.'). t . , rr . r. In acknowledging the receipt of Mr. Adams' Note respectmg the Hercules, Earl Russell wrote as follows : — §, Karl Riinsvll tii Mr. Jf/aiim. «g;^ •' Fnrviyn Office, Fchrimry 8, 1865. '"■ I Iinw received your letter dated the "th instnnf, and ilelivcTotl at the Foreign Office at a late hour yesterday cvi'iiiii" after ^\\c close of business; I)Ut not being marked immediate, it did not come under the notiee of tlu'Vnde' eeretary of Svute until 1 P.M. to-day. " The matter slin ' ' ' immediately atti'tuh-d to, but. in the nieiuitime, 1 wish to eall your attention to the dates of the h-tters which you inclose, Tiie first h'ttcr <'f the Doited States' Consul, at Liver- nool, is dated the 'Jtid instant, and affirms that u steamer luuned the Hercules is fitting out in the Clvde for the ('onfederatc service, and that this vessel is to be ready for sea in eight days. The second letter uiiich von ti'ansmit to me is dated Ulasfjow, the 'Ith instant, and ronlains further information resiiceting this vessel, and states, moreover, tliat the trial trip is to take ))laee to-day. " In a former instance 1 was able by means of the Lord .Vdvocate to |)rosecute the owners of a vessel biiildiii" in the Clvde, and to net a verdict entered by consent which defeated the nm-pose of the Confcder.iti- agent. Hut these operations arc very quick, am! ndess 1 have timely notii can liave but little hopes of sto|)pini; these nefarious liansactions. " I have, M;c. {.'Signed 1 ItllSBBI.L." 'liic iittontion ot the Government had been directed to the Amphion and Hawk, and inquiry nuidc respecting tliem, licfovf the receipt ot any representation from Mr. Adams roiicn'ning those vessels. K vessel ctillrd the Ajax, as to which no representiitioii had lieeii made or intorniatinn fiiriiisiu-d, liut which was suspected by some of her erew of being intciult'd liir the Confederate .^ei vice, was I'Xiimined and seairiied by the ofHeers oC Customs at Queeiistown, luid iillciwards, under iiisliiirlious I'idiu tlic Coverinncnl, by the Colonial autliorities at Nassau. || She was not, however, found to \w adapted or intended f(ir warlike use, and was never iipplied to such use. In sending information to .Mr. Adams respecting the Virginia, Mr. Dudley, in a letter dated the 27tli January, 1865, wrote as follows: — •[ '■ Like the ."^ca Kin;:, any steamer now destined for privateering tils nway as a eommereial vessel, and there is ni.ihing about 111 r movement bilure she leaves port, or until within a feu hours of lur lenviuj}, when she may suddcnlv change owners, and her master be given autlKuity to sell at tt given «um out of Hritish waters, to create any mistrust of the purpose of those who control her here. " I'nder such a ninde of operations it is next to imjiossible for uii to gel Icstirminv in season, ninl sufficiently trong, to ask for their detention. The only course left me, therefore, is to call voiii- atlentioM to all cases oU'ering ai\y reuflonnble ground of suspicion, and leave tliciii to be disponed of as you may (hem most expedient." , . Sutifiiiirjj, The prccediiifi; statement of facts shows the general course ol coiuluet pursued b\ III r Urilannic Majesty's (lovirnincnl, in reiiitioii to vessi'Is alleged to be, or suspected (i| being, lit ted out nr pupared willim Uritixli terriloi} lor l)eilnfift'iit^ use. U iiieliidts all the cases (i-xecpl those of the Florida and Alabama, which will he presi'iii|\ stated), in which iidormation that any vessel was licing built, ccpiippcd, or prepared I'oi sea in imy llriti-li port, and inlciidcd, or supposed to be intended, i'uv waiiiKe.use, was received iiy. or came to the knowledge of, Her Majesty's (iovernnieut bcline the deparlmc of siieli Vessel. It will have been seen — 1. Tiiat in every ease directions were >?ivcn, withnut the least delay, for iuvesfign- fion and impiiry on the spot i)v the proper otliceis o( (iovermneiil ; and ibesc otliceis were oidiicd to keep a watchful eye on the suspected vessel; and the directions »nd orders so given wt le executed, 'J. 'J'hal in home tases the attention tif the (•overniaeid hud been directed, Iwfoiv the A|i|>i>l|illl, vol. il, pp. .'^4.1, .'ill. S Ibiil., p. dHli. t Ibid., pp. 3Ua, i9B. ii Hntl., pp. RU. itfU. i Ibidnp. AM). % Ibid., p. .196. utllcv, in a letter in'ctcil, lu'lore tlir receipt of any communication from Mr. Adams, to vessels as to which there appeared to be ground for suspicion. 3. That as soon as any evidence was obtained it was submitted, without delay, to the Law Officers of the Crown ; and they were called upon to advise is to the proper cour.c of 4. That in every case in which reasonable evidence could be obtuiiuxl tiie vessel was seized by the officere of he Government, and proceedings were instituted against her in the proper Court of law. By reasonable evidence is tinderstood testimony wliich, though not conclusive, offered nevertheless a reasonable prospect that the Government iiiiy;lit l)u able when the time for trying the case should arrive, to sustain the seizure in a Court of law. 5. That in several of the eases in which a seizure was made the Government foiiiul itself unable, or uncertain whether it would be able, to sustain the seizure by suHieieut evidence, and was 'jnder the necessity of either j-eleasing the vessel and paying the costs of the trial and detention, or of purchasing her at the public expense. 6. That in every one of the cases enumeiated either the information furnished to the Government proved to be erroneous, and the supposed indicia of an unlawful intention to be absent or deceptive, or this intention was defeated or abandoned by reason of the measures taken and the vigilance exercised by Her Majesty's Government. 7. That it is easy to infer special adaptation for war from peculiarities or supposed peculiarities of construction which are really equivocal ; and such inferences aio liable to be fallacious, especially in cases where the vessel is tonslructed with ii view to some employment which, tliougli commercial, is out of the ordinary course of commerce. Case of the AiKjlo-Cliinene Flutiltu. The steady detern'iiiation of Her Britanic Majesty's Government to guard against any act or occurrence which might be supposed to cast a doubt on its neutrality, and its readiness even to go beyond, for this purpose, the strict measure wf its interuulional ohligations, were exemplified in the ease of the ironclad rams, and were even more strikinglv shown in that o*'tbe flotilla of gunboats equipped for service in China. In March 18G2 th'- (Jiiinese Government gave authority to Mr, Lay, Inspector- General of < liinese Customs, then on leave in England, to purchase and iijuip a stuam- fleet for the Kmperor's servire ;* and a sum of money was placed at his disposal lor liie purpose. Mr, Lay accordingly mtered into an agreement with Captain Sherard Osborn, an otHcer in Her Majesty's Nuvy, according to wliicli the latter was to take eommand-in- ciuef of the Meet, receiving orders from the Chinese Go\'ernment lluough Mr, Lay. I Icr Maiesty's (iovernment, by Orders in Council, gave pcrniisMion to enlist olliecrs and men lor this service. ill Si'|)tember 18()3 Captain Sherard Osborn arrived in Cniina with the llotilla. consisting of six vessels of war. These were the I'ekin, Cliina, atid Keang-soo of six guns ciicli. the Kwangtung and Tieii-tsin of four guns, and the Anioy of two, liie I'liuio yacht, and the liullaral .storeship. A (iiU'eience, however, arose between tlie (.'hinese Goveiiiment on the one side, and Mr. Imv and Captain Osborn on the other, as to the conditions on which Cniitain Oslioni was to hold lil-^ eniimuind ; and, tins (liireri'nec not having been adjusted, Capt.iiu Osborn intoniicil Sir I' Ibuci, llcr Miijtsl\'s Minister at IV'kin, thai the ltH'ii' would lie disli.uuled. lie a>-keil at the sani'' time wlu'ther Sir I''. Hruee saw any objection to hii >m'uudeiing to the Chinese (Joverninenl the eight ships which he had '.iroughl out.t Sir V. lirnee thereupon informed the Chinese (Mivernmcnt and Caiilain Osborn vi' U\^ conviction tiiat lUr Majesty's («t)vernmeul would not have consented to the organisation of this poweil'ul sqn idron. unless on tlk>' iiiuler^tanding liiat it was to lie placed under tlu; iiidcrs of an otlicer in whose prudiiiee and high charaeler they had lull emUideiKi', and that he cimld not consent to the ships and stinrs being handed over to the Chinese (ioverniiKMit without instructions to that ell'eel from Her Majesty's (iovermnent.l' Among other reasons for this I'ourse Sir I''. Brnee leported to llcr Majcsiy's Goverii- lui'ul that the ships wire not such as the Chinese eoidd manage, and that it wi'iild no! he site to sell them on the coast, as they might fall into the hands of hostile Daimios in .hi let iilive to tlie latter danger; — * .\^|ii-u>lix, Vol. ii, |i. U0l< Part III. lulroluc'tory stateiiiuiit. |i:in, oi he bought for employment as Confederate erni/ers in those seas,} Tlie following (cr iVom the Cnited States' Mini- ter at I'ekin to Sir F. Briieo shows that he was eipially il'.'L '1 iit'l t lliid., |i. (iSti, J lliiil,. ]). u;ii<. "-V. Part III. Introductory statement. 48 " Mr. Burlinffame to Sir F. Bruct.* •• Sir, " yckia, Noccmber 7, 1863. '" When the Chinese Go\ ernuent refused the doings of its agent, Mr. Lay, and thei-e wius notliiug left for Captain Osborn but to dissolve the force of the tlotilla, tlie question wiw how it could 1)e done with safety. I feared tliat the ships niiglit fall into the hands of the Confederates, who are supposed to have agents in Ciiina; and then tliere was the common apprehension from lawless men on the coast in the interest of 'he Taepings as well as from pirates, and the desire of the Daimios in Japan t« procure steamers at any price. " It was clear that tlie Chinese could do nothing of themselves with the steamers, and that, unles.s sometliing were done by you, tliey would certainly fall a prey to one of these several dangers. In my solicitude on account of the rebels in my own country, 1 made an earnest ])rotest against the delivery of the ships to tlie Cliineso. You losponded in that spirit of comity which has ever distinguished oui- relations, that the ships shouhl lie taken back to Englaiul, and fliat no eliort on you. part sliould be spared to prevent tliem from taking a direction against tin- interests of n;> country. "Thougli suUseipient events made it necessary for the slii]is to take the direction indicated by tint (lesiii! of the Chines; liuMiisi'hes, still I should bo wanting in appreiiati'iii of your conduct did T not mark it with my most heartfelt thanks, and at as early a jieriod as possible bring it to the attention of my (Jovernment. " 1 have, &c. (Signed) " A. Kl'rlincamk." It was eventually arranged that Captain Osborn sliould send part of the flotilla to England, take the other portion to Bombay, and sell them all on account of the Chinese Government. Captain Osborn accordingly took three vessels, the Keangsoo (6 guns), Kwangtung (4 guns), and Amoy (2 guns), and the despatch-boat Tliule, to Bombay, where he arrived in January 1 8(J4.t At iiis request the Government of India took charge of the vessels and the military stores on board of them, and he then proceeded to England, where he arrived in February. The rest of the flotilla, consisting of the Pekin and China (6 guns), the Tien-tsin (4 guns), and the Bidlarat store-ship, were sent to England, where they arrived in April. J On the first intelligence of the .irrangement made with the Chinese Government for diijiosing of these vessels in India and England, a letter was addressed by the Foreign Office to the Admiralty, India Office, and Colonial Office,§ stating that the " vessels [are understoc'l to be fully equipped for belligerent ])urposes, and Her Majesty's Government arc of opinmn that it is incumbent upon them to take any precaution that may legally be within their power to prevent them from passing in their present state into the hands of any Power or State engaged in hostility with another Power or State in amity with Her Majesty." It was tliercfore desired "that the attention of the Naval, Colonial, or Indian authorities, both at home and on any station abroad within Her Majesty's dominions, where the vessels nuiy be e.vpeeted to be met with, should be called to the necessity of taking sueli measures as may be legally within their power in furtherance of the views of Her Maiesty's Government in this matter; and s|)ecifieally as regards Captain Osborn. who is an officer in Her Majesty's naval service, that he should he pointedly cautioned against disposing of anv of the vessels to be used in the naval service of u belligerent Power." Sir F. Bruce, at Pekin, and Sir H. Parkes, at Shanghae, were instructed to nuike u similar connmmieatiou to Captain Osborn, in case that officer was still in China when tiic dcspateli reached them. In anticipation of llit'se in>ti'ii(tioiis Coiinnodoii; .Montresor h;ul warned Captiim O.sboru on his arri\al at liomlmy iigainst selling the vessels, and had joined with tin (Governor in remonstrating against an;- attempt to sell the Thule, which, as being iin inmrmed despateli-boat, did not, in Captain Osborn's opinion, eonie within the sainr eiite;(()i y iis the mined vessi4s, but wliieh the two t'ormer officers considered oj)en to objei- lion, as hnvini; been er|iiip|ie(i for riaviil sei\ lee, and eaimble of being adapted in hoiiu degi'ec to belligerent purj'OM '. Tlie Thule was, nol\\i'.li>laii(iing, advertised for sale in Bombay on the Kith Febrnan, after Captain Osborn's departure ; but the (Jovernment of Bond)ay forbade the lale. Oriici- were M-nf from home in \\\v\\ t(» permit the sale of the Thule, but to retain the otlm veHHuls. ( 'are was also to lie taken that the Thule was not e(|uippe(l us a vessel of war lui either of (he belligerent parties m Ameiien.* The sale, however, did not take place. • Aii|]ciiih«, «ol. II, |i. (isy. { Iblil,, p. r,Hi. Ikul. t Ibid.. |>. p. (jy5. (ilfj. I I bill.. |i 700. •; Ibui., If, 7t»o, im. 49 Part III. The three armed vessels sent to Eng xnd arrived in April, and were moored in . . - — Woolwich Doclcyard. The Ballarat, being merely a store-ship, did not come under the gt"™me.it?'^ custody of the Government, and was sold. The Admiralty refused to purchase the vessels for the Government ; and it was settled that they should be placed at moorings in the Medway, and there retained until the objec- tions to their sale might be removed, and that any expenses incurred by this course should be defrayed by Her Majesty's Government.* In the meanwhile Captain Osborn, learning that it was not the intention of the Government to purchase the vessels left in charge of the Bombay authorities, wrote to ask permission to relieve himself of all responsibility, by substituting a mercantile firm at Bombay as the agents to carry out Sir Frcdei-ick Bruce's instructions for the sale of the vessels on account of the Chinese Government.* The matter was referred to the Law Officers, who reported that the sale within Her Majesty's Dominions, even to a belligerent Power, of armed ships of war, already legally equipped with a view to a different object under Her Majesty's license, would not be illegal. The Foreign Enlistment Act, did not, in their opinion, prohibit such a sale. Her Majesty's Government had therefore two alternatives. It might, on the one hand, inform Captain Osborn that it did not interpose any objection to his selling the vessels to any person or in any way that he might think fit ; such sale (provided no addition were made to their equipments or furniture, before delivery to the purchaser, for the purposes of any belli- gerent Power) being in no way contrary to law. If, on the other hand, the Government were not prepared to take this course, it was morally bound to take upon itself the responsibility from which Captain Osborn desired to be freed. Captain Osborn, the Admiralty, and India Office were thereupon apprized that Her Majesty's Government could not at present sanction the sale of the vessels in India, but was prepared to take on itself the responsibility of detaining the vessels in question unsold until further orders. A similar communication was made to the Chinese Government, through Sir F. Bruce, with the assurance that the Chinese Government should not ulti- mately lose the value of the vessels.! An offer was made in December, 1864, by Messrs. Ritherdon and Thompson, to purchase the three vessels in England on behalf of a foreign Government.^ They were informed that a written guarantee would be required from the Representative of the Power for whom the vessels might be purchased, that they would not be used for warHke purposes against any Power with whom the Queen was at peace, and that the Government reserved to itself the right of refusing, without giving any reason, to sell the vessels when the name of the principal in the transaction should be disclosed. The negotiation was dropped. Overtures were also made in 1865 by Messrs. Bake and Co. to buy the vessels for the Government of Mexico, but these also failed. A Committee appointed to assess the value of the vessels at the time they left China valued them, with the concurrence of Captain Osborn, at 152,o()0/., and Mr. Wade was instructed to inform the Chinese Government that the Admiralty would be intrusted with the sale of them, that the amount realized would be transmitted to the Chinese Govern- ment, and any loss upon the original value of the ships would be made good by Her Majesty's (iovernment. The Admiralty was at the same time again cautioned against the sale of the vessels either directly or indirectly to any State or body of persons at war with a State in amity with Her Majesty. § In June, 18().'), the Civil War in America having come to an cm], the restrictions on the sale of the vessels were witluliawn ; but, iVoni the delay and conse(iuent deterioraion, the priee realized tell far short of the original estinuite. The Government of Kgypt purchased the three vessels in l^ngland for .'W,100/. Of the four vessels lett at lUanbay, the Government of India purchased two for 14,51)0/., iVoin which iunvcver a sum of (),.'J7()/. had to be deducted for dockyard expenses. A Miiii of ll,'_'.')0/. was reali/.i'd by the sale of the two remaining visseis; and the balance (il l().'!,n:i(i/. was provided by a Parliamentary grant, ai:d paid over to the Chinese Covcnnnent.'l The guns and munitions of war on board the vessels had been procure.! from Her Majesty's (loveinmenl, and they were taken back by the Military authorities in Ihiglar.d ;\iui liulia, and llie iinionnt remitted to the Chinese (ioverinnent. Sir I'VederieU linice, writing in Deeember. IHii.'), I'iumi Washington, to urge a speedy siUlement of the Cliinese elunn, saiil, " I may mention that there is no doubt that agents ^'i'i il] Ainmiills. vnl. ii, |i 4 lliiil., IP. 701. 71'.'-7H. ■) Uiiil., p. .1)1. ; Il.iil., |>. 710. Ii 11)1(1.. 1). 7J1. n Part III. Introductory statement. 00 of the Confederates were on the look-out to purchase the more powerful vessels of the squadron from the Chinese, had they been left in their hands, and it is equally certain that the Chinese would have sold these vessels as being unsuited to them. It is not difficult to conjecture what would have been the effect on our relations with this Government had any of these vessels been turned into Confederate cruizers. It would have been impossible to disabuse this Government and people of tiie idea that the flotilla was a deep>laid scheme to supply the Confederates with an efficient squadron in the Pacific."* And Mr. Adams, in a note to Lord Clarendon of Dec mber 28, ISC'), on the same subject, wrote as follows :t — "In a conversation which I had the honour to hold with your predecessor, the Right Honourable Earl Russell, on the 25th of February, 1864 I acquitted myself of what was to me a most agreeable duty, of signifying to Her Majesty's Government the high sense entertained by that which I have the honour to represent of the friendly proceedings of Her Majesty's Envoy in China, Sir Frederick Bruce, in regard to the disposition to be made of the vessels then known as the Osborn Flotilla," Consid a Ai)iuiulix, vol. ii, p. 718 t Ibid., p. 719. Her Ihill Tribunal thcf 51 PART IV. Part IV. Introductory statement. Considerations proper to be kept in view by the Arbitrators in reference to the Cases of the Florida, Alabama, Georgia, and Shenandoah. In considering the facts about to be presented to the Tribunal relative to the four vessels which, after having been originally procured from British ports, were employed as Confederate cruizevs in the war, it is right that the Arbitrators should bear in mind the following propositiotis, to some of which their attention has already been directed in an earlier part of this Case : — 1. Tlie powers possessed by Her Majesty's Government to prohibit or prevent the fitting out, arming, or equipping within its jurisdiction of vessels intended for the naval service of the Confederate States, or tiie departure with that intent of vessels specially adapted within its jurisdiction to warlike use, were powers defined and regulated by the Statute or Act of Parliament of July 3, 1819 (the Foreign Enlistment Act). 2. The modes of prevention provided by the Statute were two, of which both or either might be adopted as might be deemed most expedient, namely, (1), the prosecution of the offender by information or indictment ; (2), the seizure of the ship, which, after seizure, might be prosecuted and condemned in the same manner as for a breach of the Customs or Excise laws, or of the laws of trade and navigation. 3. The persons empowered to seize under the provisions of the Statute were any officers of Customs or Excise or of Her Majesty's Navy who by law were empowered to make seizures for forfeitures incurred under the laws of Customs or Excise, or of trade or navigation ; and the seizure was to be made in the same manner as seizures are made under those laws. 4. Tiie Customs ofliccrs were not empowered by law to make a seizure until an information on oath should iiavo been laid before them. Nor, without such an information on oath, had any Magistrate jurisdiction under the provisions of the Statute. .'). Atler a seizure made, it was by law necessary that proceedings lor the condemnation of the vessel seized should be instituted in the Court of Exchequer and brought to trial before a jury. In order to obtain a condemnation it was necessary to prove two things, — ((I.) That there Iwul been in fact an equipping, furnishing, fitting-out, or arming of the vessel, or an attcm[)t or endeavour so to do, or an issuing or delivery of a commission for the vessel, within the dominions of tlie Crown ; (b.). That the act iiad been done with intent, or in order, that the vessel should be employed in belligerent oi)orations as described in the 7th Section of the Statute. (). Hy proof, in a Brit ish Cotut of law, is understood the j)roduction of evidence suflicient to create in the mind of the .Judge or jury (as tlic ease may be), a reasonable and deliberate belief, such as a reasonable jjcrson would be satisfied to act u))on in any important concerns of his own, of tlie truth of the fact to be proved. And by evidence is understood the testimony, on oath, of a witness or witnesses produced in open (^'ourt, and svd)ject to cross-cxauiination, as to facts within his or their personal knowledge. Testimony which is mere hearsay, or as to the existence of conunon reports, however prevalent and however generally credited, or as to any nuittcr not within the knowledge of the witness, is not admitted in an English Court. 7. In the judij;ment of Her Britannic Majesty's Government, and in that of its official advisers, the special a 'Jiiited States. The only vessel to which the attention of Her Majesty's Governmf fiad bsca directed before the Florida had proved to be a blockade-runner. It may oe added that the claims for the interference of Her Majesty's Government in the case of these and other vessels were based, according to the statement of Mr. Adams in his letter to Earl Russell, dated 9th October, 1862, on evidence considered by him to "apply directly to infringements of the Municipal Law, and not to anything bevond it."* On Note and "My Lord, " I hai to 1110 hy tl :iii nniK'd funiisiiud ii littlo doubt Avar ngaiiist conti-abaiid i tioii to her j be alioiit aga '■ Sliouli effect the obj piouuro it in • Appi'iidix, vol. i, p. 2 6. " Sir, " TIic <,'iii| ariiiiiiiieiit as I lias two I'luiuel camion, and ti cxjiense lias ll daiificrous craf I learn. " JIi-. lull own the vessel (Iiat sJK- is inti (o take her ari| Of course she meets with bei "The Ilel Denntida will " l'.,S._T| lii«(, in a r(ai;,'l[ Fawcetl, I'restl .V fortn liiid inentionJ to till' iron sj by Fiiwcett, tliiit slii< will jMoiiiiliilidLsr This orilsclJ IIH'llt, luit tlf Iviiowleilj^f \\l obsiTVcd illKf iiiv slroiiu; '■i!])rL',»sions •- ^te*-.'- 58 PART V. Part V. The Florida. Statement of Facts relative to the Florida. On the l9tU February, 1862, Earl Russell received from Mr. Adams the following Note and inclosure : — Mr. Adams to Earl Russell* "Mv Lord, "Legation of tht United Stales, London, February 18, 1862. " I liavis the honour to submit to your consideration the copy of iin extract of a letter addressed to nie 1)V the Consul of the United States nt Liverpool, going to show the preparation at that port of an arnied steamer evidently intended for hostile operations on the ocean. From the evidence lurnislied in the names of the persons stated to be concerned in her construction and outfit, I entertain little doubt tliat the intention is ])re(.'isely that indicated in the letter of the Consul, the carrying on war n"ainsi the United States. The parties are the same which dispatched the Bermuda, laden with contriiljand of war at the time, in August last, wlien I had the honour of calling your Lordship's atten- tion to lier position, which vessel then succeeded in running the blockade, and which now appears to be about again to depart on a like errand. " Should further evidence to sustain the allegations respecting the Oreto be held necessary to effect the object of securing the interposition of Her Majesty's Government, I will make an effort to procure it in a more formal manner. " I have, &c. (Signed) "Ciiarle.'s Francis Auams." (Inclosure.) Mr. Dudley to Mr. Adams. " gi,-^ " United States' Consulate, Liverpool, Fehruetry 17, 1862. " Tlie gun-boat Oreto is still at this port. She is making a trial trip in the river, to-day. No armament as yet on board. She has ])ut up a second smoke-stack since I wrote you. She therefore ]ias two fuiuiels, three masts, and is ban pie-rigged. I am now informed that she is to cany eight rifled cannon, and two long swivel-guns on pivots so arranged as t(j rake both fore and aft. No pains or exiiense liius been spared in her construction, and when fully arnuid, she mil lie a formidable and dangerous craft. In strength and armament (piite equal to the Tuscarora, so I .should judge from what I leain. " Mr. I»iiller, who built the InUl, says he was employed by Fawcelt, Preston, and Co., and that they own the vessel. 1 have obtained information from many different sources, all of which goes to show thai she is intended for the Southern Confederacy. I am satisfied that this is the case. She is ready to take her arms on board. 1 cannot learn whether they are to be shipjied here or at .some other port. Of course she is intended as a privateer. When .site sails, it will be to burn and destroy whatever .she meets with bearing tlie .Vnierican flag. "Tlie Herald sailed for Charleston on Saturday last; Captain Coxetcr went out in her. The neriiuida will sail this week. " 1 have, &c. (Sigiu'd) "H. DiDi-EY, Uniled States' Co)isuL" " r.S. — Tlie gun carriages for the Oreto, T have just learned, were taken on board on Fiiday night l,\«l, in a rough slate, and tiiken dnwn in the hold. Fra.ser, Trenholm, and Co. have made advances to I'awcetl, IMv^ton, and (.'o., and ^Miller, the builder. "H. D." A fortiiijTlit before the date of Mr. Adam-s' letter, Mr. Dudley, in writing to Mr. Seward, luul mentioned the Oreto. He then said, "In my last two despatclies I called attention to till' iron screw steam fiiin-boiit Oreto or Orctis, beinc; built at Liverpool and fitted out by Fawcett, I're.ston, and Co. She is now takinu; in her coal, and appearances indicate tliat .she will leave here the latter part of thi.>< wcel< without her armament. The piohahililits are she will run into some small port, and take it and ammunition on board. 'I'liis of' itself' is somewhat sns])ieious. Tiiey pretend she is built for the Italian Govcrn- iiiciit, but the Italian Consul here informs me that be knows nothing' about it, and has no knowledge whatever of imy vessel beini;; built for bis Ciovenunenl. There is nuieh secrecy oinrved about her, and I have been uniibie to i;et anytliiiig delinite, but my imi)rcssions aiv slronu; tliat :die is intended for the Southern t'ouCederaey. I have eommunieated my linpie-vion.s lutd all the taefs to Mr. Adams, our Miitis'.er in Loiulou. She has one funnel, * .\ii|ioiulix, vul. i, (1. , M Part V. The Florida. 54 three masts, bark-rigged, eight port-holes for guns on each side, and is to carry sixteen guns." . . Mr. Adams had not previously to his Note of the 18th made any communication respecting tliis vessel to Her Majesty's Government. Immediately on the receipt of Mr. Adams' Note and inclosure copies of both were sent to the Secretary to the Treasury, accompanied by the following letter signed by Mr. Hammond, one of the Under-Secretaries of State for Foreign Affairs :— * „ J.J,, "Foiriiiii Offhr, FdwiKinj 10, 18G2. '" I am directed l>y Earl Russoll to trniisuiit to you n copy of ft letter IVoiu Mr. Adiiius, iuclosiiif; an extract of a letter fini'u the United States' Consul at I.iverjMiol, in vliieli lie calls attention to a steam- vessel called the Oreto.reiiorted to lie lilting out at f.iveriioul as a Soutliern''iirivateer ; and I am to rcijuest that you will move the Lords Commissionei-s of Her Majesty's Treasury to cause immediate, inquiries to be made re-siiectinj? this vessel, and to take such steiis in the matter as may he risht and proper. " I am, &e. (Signed) " Vj. IIam.mond." Earl Russell on the same day acknowledged the receipt of Mr. Adams' Note and inclosure, and stated (as the fact was) that he had lost no time in communicating with the proper Department of Government on the subject. The Commissioners of Customs were instructed to inquire and report upon the matter ; and, on the 24th February, I8(j2, the Secretary to the Treasury transmitted to Mr. Hammond their Report, whicii was as follows : — t " Custnm-hovsf, Fchrunry 22, 1 8(52. " Your l.K)i-dsliips having referred to us the annexed letter from IVfr. Hammond, tnm.smitting, by desire of Earl liiissell, copy of a letter from Mr. Adams, inclosing an extract of a communication from tlie United States' Consul at Liver) 1, in wliiih he calls attention to a steam-vessel called the Oreto reported to lie lilting out at Liverimul as a Southern privateer, and requesting that inmiediate iiKpiiries may be made respecting this vessel, " We report— " Thiif. on the receipt of your Lordsliijis' r'Tercnce, we forthwith instructed our ( 'oUector at Liverpool to make iiii|uiries in regard to the vessel Oreto, ami it iqijiears IVini his lieporl that she has heeii liuilt by Messrs. Miller and Sons for Messrs. Fnwcetl, I'roston, ; .id Co., Knginecrs. of Liverpool, and is intended for the u.se of Jlessrs. Thoiiias, lirothers, ^t\' r.ilermo, one o|' that firm having frequently visited the vessel during the jirocess of building. " The Oreto is pierced for four guns; but she has, as yet, taken nothing on lioard but coals aiul ballast. .Slie is not, at present, titti d for the rece]ition of guns, nor are the buildei-s aware that she is to be sujijilied with gnus whilst she remains in this country. The exjien.se of her conslnu'tion has lieen jiaid, and .she has been handed over to Messrs. Eawcett and Preston. Messrs. Miller and Sons state their belief lli.il her liestinalion is I'alenno, as they iiave been requested to recommend a master to take he.'- to that iioil, and our Collect'ir at l.ivi'r|iool states that lie has e\cry reason to believe that the vesc^iel is for the Italian (iovernmeiit. "We beg further to add, that special dii-ections have been given to the oIliceiN at Liverpool n, wntch the movements of the vessel, and that we will not fail to lejmrt foitbwilli any circumstance which may occur worthy of your Lordships' cognizance. (Signed) "Tiki. F. FitKMAxrt.K. "(iiiKNvii.t.i': C. L. jiKiiKia.F.v." The Reports wliicli tlio Commissioners of Customs had received from their officers at Liverpool were ;is I'ullows; — | Mr. Eihi'ii rih Id llic C'uiiimiiifiiiini'rs of Ciistniii.t. " Hoiiounililr Siis, " Lin i/»/ii/, frlininri/ -I, ISbli. ■ The liiiilders of the vessel < )reto ai-e Afessrs. Miller and Sons. Mr. Miller is the eliiel surveyor for tonnago. |!y tie'ir note inclosed, tlii^ ves.sel is ciareclly ilesi-iili(>d, and I haxe every reason to lieliuve that she is for the Italian tMivernnieiit, and not for the Coiifeilerales. " It will be seen by the note of the Surveyor, Mr. Moigan, which I annex, that, as yet, she has notliing in her. so that the information furnisheil to the (iovernmeiit is, mi tiu', incorrect. " Sjieeial directions have iH'eii given to the otlicers to observe the niovenieut.s of the v es.sel, .so that Hliatover takes ]ilacL' ciin lie made knovni t*i the Buuid at any time. " Ilesjiect fully, iVc (Signed) "S, l'i:i( t: Kiiw.vitiis." Jf,: min- In Mr. Eihnird^. "Sir, " f.inrjmil, FrhruKrii 21, I8('i2. " We haM' built the clispatcli-Vessel Oreto, for Mes<'r«, Fnwcetl, Preston, mid Co., engineers, of tliii town, who nil' ll]|. agents of Messrs. Tlioiiiiis, I'liiilhei'i, of Pateriiio, lor whose use the ve.ssi'l, we understand, has been liuilt. She is piereisl lor four guns ; she has taken nothing «liatever on IhuuiI I'xceyit < oals and ballast; she is in no way fitted lor the n^ceptioii of guns, «« yet ; nor do \vc know • Appendix, vol. i, p. 2. t Ibid., p. 2. J Ibid., p. 1.59. that she ii the ship V "We of my in recommeni " Sir, " I be; directions i " She i nor are the: A coi by Earl Ri Her I was intone telegrajihct Oreto, but Up to for bellfgcr* Govcrnmen was stated (himself a i was pierced Beyond this conjecture. No fur Majesty's G On the name of "J sole owree t of registry w Xaine Oreto .. Naiiilicr ol' III' Niiinlxr of .Mil liigired Stem Li'iiglli from tli| lieiid (](■ tli( Miiiii lueadtli iJ Deptli in hold 11 'l'oiiii;i|.»o under I Clu«'d-iii S|i!icil Spaci' oif Poop liouiii] Oilier ill lb Loiii;tli oC Kiijfil Niiiiil>cr of KnJ Coailiiaed PowJ powcO Kiiiiil their officers at lit, lis yot, slic Ir.is it. thf vi'ssul, su thill iiin: KuwMtiis.' 60 that she is to have fjims whilst in Englaud. Mr. Tlioiuas, of the firm at Palei-nio, frequently visittil the siiip whilst she was beiii;,' built. " Wo hiive hmiileil her over to the engineers, nnd hftve been paid for her. Aeeording to the best of my information the i)reseut destination of the vessel is ralermo; and wc have bcni asked to recommend a mi.ster to take her out to Palermo. " I remain, &c. (Signed) "T. Millek." J/y'. Monicoi. to Mr. Eihmnh. ., mj,._ ' "ii'fin'rt/7/21, 1862. '" J be" to stnte tlmt 1 have in.s]jected the Oreto, now lying in Toxteth Dock, agreeaiily wild jour directions issued lo-day. .,,,.,.,, . , , , " Slie is 11 s]ih'ii(lid stciiiuer, suitable lor a (lis]intch-boat ; pierced ior guns, but has not imy on board, nor are there any guu-carriiige.s. C'oiils and balhisL we all that tlie holds eontiuii. "Eeapectfullv, &e. (Signed) '-C. Moi!(;.\N, CW/ccto'." A copy of the Report of the Commissioners of Customs was sent on the 2Gth February by Eail Russell to Mr. Adams. Her Britannic Majesty's Minister at Turin, was directed to inquire whether the vessel was intended for the use of the Itnhan Government; and, on the 1st March, 1862, he telegraphed as follows, " Ricasoli tells mc that he has no knowledge whatever of the ship Oreto, but will cause inquiry to be made."* Up io this time no information whatever tending to prove that the vessel was intended for belligerent use had been obtained by Mr. Adams, or was possessed by Her Majesty's Government. She had been built foi' a Liverpool firm of engineers and iron-founders, and was stated by the builders to be for the use of a firm at Palermo, a member of which (himself a native of Palermo) was known to have often visited her whilst building. She was pierced for guns, but not fitted for the reception of them, and had none on board. Beyond this, Mr. Adams's note and Mr. Dudley's letter contained only vague hearsay and conjecture. No further information could be obtained by Mr. Adams, or was received by Her Majesty's Government, up to the time of the sailing of the ship. On the 3rd March, 18G2, the Oreto was registered at the port of Liverpool, inthe name of " Joliu Henry Thomas, of Liverpool, in the county of Lancaster, Merchant," as sole owne'- thereof. The Declaration made by the said John Henry Thomas at the time of registry was as follows : — f ODiciiil Xiinibcr of Ship, 44,200.— Date of Registiy, March ?,, 1862. (jl( ncriil l")i'.s(iiption of Ship. Port of Registry. How Propelled. Xrtiuo of Shij). liiitish or I'oicign Built. Oreto .. British, built at Liverpool iu 18(51 Liverpool . . Screw. Niiinlicr of Decks NmnbiT of Masts Stem Two. TlMve. Schooner. Kllilitic. Build Galleries . . Head I'lmncwork . Carvel. None. Shield. Wood. MEASUUKMENTS. Lcniltli from the fore part of Stem under the Bowsprit to the aft side of the lien J of the stern post . . Miiiii laviidth to outside idiink Deiitli iu hold from 'roiiiuij^o Peck to Ceiling nt Midship'*. . . . . . TONNAGE. 'roiinnije under Tonimgc Wh k . Closed-ill Spaces above the Tonnap;c Deck, if any ; viz. : Space or Spaces between Decks . . . , , Poop Kound-hou^e . . . , , . . . . Other iuclofted Spaces, if any, naming them Tenths. 2 3 7 No. of Tons. ■no-41 (iroFs Tonnage Reduction for Space rcqtjired for Projiclliug Power Leii^;th of Bnijiiic Itoom .. ., (il Ibet. Nuiulxr of Ku',dn"s. . . , , o Couihiaed Power (estimated llome- p(iwci) Nntnber of Horse- power , . 20t> Kcgister Tonnage 178 'SI PartV. The Florid*. f • Appcmlif, vol. i, p. 3. f Ibid., p. 10. ^Ei32J.-'.-M»w- 56 PartV. The Florida. " I the inuloi'.i.ruca John Henry Tliomns, of Liveqiool, county of Laiionster, merclmnt, dcclnre ns tV.llows'— I am a natuml-boru British suliifit, lioin at Palonno, in tin; Island of Sicily, of Hiitisli parents and have ne\er taken the oatli of allet,Mnnr(! to any lorei.un State. Tlie al.ovo general de.wrip- tion of 'the «hii) i.s correct. Jame.s Alexander J)n^'iiid, whose certiHcale ot C()ni)ictency or werviee i.s Xo 4 073 is the nia.ster of the said shii). I am entitled to he reji;islered as owner ot sixty-four sharea of the <-aiIl '^liiti To the best of my knowledge and belief no |ierson or body ot i)eisons other than «uch pereons or bodies of i-ereons as are by the Meirhant ShipiaiiK Act, tSM, qualified to be ownei-s of Hritisii ships is entitled, as owner, to any inteii-st wliatever, eitlier le^nd or lu-ncKi . il, in the said ship. \iid I make this solemn declamtioii conscientiously believnig the same to be true. (Si^/ned) "diillN H. I110MA.S. "Made and subscribed the Isl day of Mnreh, 1802, by the above-iianied Joliu Henry Th(pnia.s, in tlie presence of — (Signed) "J. C. JolINSTONK, .hm., L'a/Mmr of ,S/iijijilii(/, " Port 0/ TAvcrpool." On tlie 4i\\ March, 1862, tlie Oreto wiis clcnrcd fiom tiic ofHcc of Crstoms, Liverpool, for Palenuo und Jamaica, as appears from her \ietiialling Mill, of which the following is a copy :— * " VktuaUintj Bill. ' Pilot Tot lioNliKli and I trawl lack Stoics ill the .bi'iiiiiiii. Men, '<~ ; pa . (Jrantid iiuiiilier [t!G2]. ;t 01' [,ivi:iii'ooi,. — OiiKTii. , Jas. A. Diigiiid, Jlaster, for Palermo and i-iCllLrers or triKips, ; ;,'illis, ; l7Stiilis. Sj)iritH, fdi-i'igii — Uiiiii. . . . . . . . Per gallon Urnudy Qrncva . , . . . . • ■ • ■ Otlur spirit', not Hwoctemd S|)irils. Ihitish or plaiitulioii— Itiiiii. Gill. . . . I . • ■ • • Wla»ky . . Other Hpirit.t, not (•wcctciicd Wine „ f(ir drawlmck) ,, llccr (for droM back; . . . . \'iiM');ur , , , , , , . . • . Tea .. Pi rib. C'otfec . . „ roH»tc(I (fur drawback) Cucon . . ., paitle . , Sii(fnr, refined ,. ., .. l\r cttt, „ (I'cir drawl.ark) „ unrefined , , . . „ bnstaid (for drawback) MolnsHC!! . , , , , . , , , 'I'ubnrro (for draw bnck) ., ,. Per lb, ,, iiCKiuhciKl . , , , . , , .. l"ll Kn^ui'it . , , , , , , , , . Pepper .. KaiiiiiA , . , . , , . , |*rr en t. Ciirralitfi . . . , , , , , , Priineii . , , , . . , , , , Plunm . , HiinilrieH, . . . , , HiopllH null.'" . . , , Net (tnantities taken on Doard. 'J cases ; 54 gnllona. 1 cimcB ; 20 gnllonm. H enBcit ; 10 Knlloni. 12 cbkck; '.'.'1J3 nalliiiif'. 20 cases; 10 j^dluiii.. .') elictts .') ennibterN ; 240 lbs. I biijjN ; (MCi lbs. 1 burn I; 1 ewt. H llw. .'I lioxi'K ; (I.') IbK. 2 box-.N; In Ibn. PJ boxpH; 2 iivt. 1 ip'. 2') /,• tillX u In Ik- illU'd I'l 1 ■ ' |)HHM'11UI'I'^ Ol f ns " and the word " guns," respectively, are equivalent to a statement that the vessel •--- haTon board no passengers or troops, and no guns. The words " 178 tons " denote the reeistered tonnage of the ship. It may be convenient here to explain briefly what is meant by the words " Registry" nd " Clearance," and what are the duties of the officers empowered to register ships, and of the officers of the Customs in respect to granting clearances. Registry signifies the recording, in a book kept for that purpose, of the name of a ship hich the owner desires to have recognized as a British ship, together with certain particulars composing a general description of the ship. The effect of registry is to entitle the ship to use the British flag and assume the Britisii national character. The conditions necessary for obtaining registry, in the case of a ship not uh-eady registered, are the production to the Registrar of a certificate by the builder in a form prescribed by law, and of a declaration (also in a prescribed form) that the ship is British-owned. ... It is not the duty of the Rcgistiur to tjuestion or ascertain the accuracy of either the builder's certificate or the declaration of ownersiiip. As a ministerial officti.. he is bound to accept them, if tendered to him. For false statements in the certificate the builder is liable to a penalty ; and for making u wilfully false declaration, the owner is liable to be iiuliclcd for a misdemeanour, and to forfeit his interest in the ship. in Great Britain, as in the United States, the law does not positively require the leiribtrution of any vessel. But the disadvantages and disabilities incurred by omitting to procure it arc practically sufficient to make the registration of British-owned ships universal. The register, though in ordinary questions arising under municipal law evidence of the title of the person registered as owner, is not conclusive in a question arising between other parties, nor is it necessarily sulHcicnt proof of the national character of the ship. A transfer to a foreigner, at sea or beyond seas, of a registered British ship, is sufficient to change its ownership and the nationality of the vessel, though not followed by any registry. The law of registry is a part of the law by which British trade and navigation arc reguUted for fiscal and other nurytoses ; and a ship is registered as British on the voluntary declaration of ' .. person claimmg to be owner, without further proof. The number of vessels which were placed on the registers of the various ports of the United Kingdom in the year 1870 was 1,043, of which 970 were built within the United Kingdom. .. . , Cleamncc signifies the Imal official act by which the proper officer of Customs notifies < hat all has been done which the law re(iuirea to be done before the departure of ship and cargo. It is purely for Customs purposes, the main objects being to protect the Revenue, and to secure statistics as to the number of ships and quantity of merchandize entering and leaving British ports. As there are in ordinary times no rettrictions or duties on the export of articles of any kind from the United Kingdom, no rigid inspection is i'xercised by the Customs authorities over the general nature of the goods shipped on hoard vessels in Hritish ports. The attention of the authorities is mainly directed to the ilii|inieiif of those articles on which an exemption from import duties otherwise payable, or a renilNsion of import duties already paid, is claimed on the ground of their exportation abroad. The object of the inspeetioii is to asecrtiiiii that the goods of this nature stated to lie thus exported arc really shipped and carried away on board the vessel. The agents who ship such goods furnish tin; Customs Department with statements in the form of Klii|i|iiiii.' hills, of the amount and nature thereof, and it is the duty of the examining officer to am'rtitin tli.il the paeknges placed on hoard the vessel correspond with these statements. Hi'lore starting on liis voyage the nui^ler of the vessel is bound to produce a paper called u Content, giving the number and di seription of any packages of merchandize shipped on hoard, Oil which exemption troni, or remission [of duty is daimed, hut merely specifying any ulher articles as " sumiry packages of tVee poods," '\ lie mastr'r has also to jiroducc a Victualling Bill, enuineriitin!i the amount of stores liable to duty (such as tea, spirits, tohnceo, and the like), which lie has sliippcd (or the use of his crew. These pnpv-rs arc coiiipaii'd with the shipping-hills and ii rtiticatis .ilready in the possession of the Ciistonm iiutliorilies, and if they are found to tilly, a label, si;;ned and sealed by the e\amiiiing ollurr and Collector, is allixed to the Victualling Kill and certificatcH, and these papers arc (Iciivi'ivd to the master as his Cleaiaiui', It is true that, lor statiHtical pinposis, tlic aKcnt- to the muster of the vcnnel are minired to I'nrnish to the Customs Dcpailuicut a list. iMllcd a Manil'eHl, i.;ivin;j; the numh.'r ,uul (U'scriptiiin of all jiackagen of j^oods, whether liaMe to duty or not, shipped on board the vessel, and the shippinu; aifcnts or expiirlers are aUo reipnred to luriiish s|u'eilieationB 111 all (;oods, deserilied hv the inastti on his Cimteitt as " .'sundry paeka^'s of free gtmds," and Kiilme(|ueiilly further dcttcnhed in Ins .Manilenlj but the law dues not require that these toil 1 PBrtV. pHrtic liars should be given before the vessel sails; it is complied with provided they be t'urnibied within six days after she has cleared. , , . i x xl j , n 1 >eviouslv to the year 1867, no penalty was attached by law to the departure of a vessel 1- foreign ports without a Clearance provided she was in ballast, and had on board no sto s except such as were free or iiad paid duty. Since that date, however, Clearance has been required in these as well as in other cases. ,,,.,,,,, A clearance may not be granted until the master of the ship has declared the nation to which he affirms that she belongs j and a ship attempting to proceed to sea without a clearance mav be detained until si. h a declaration has been made. Ihe officer, however, cannot qvpsti'on, or require proof of, the trutli of the declaration. As to the destination of ships sailing from the United Kingdom, the officers of Cu-to-.^ have little or no means of ascertaining this beyond the information which the master or owner gives on entering outwards. It freq'ieutly happens that a vessel entered outwards for a specified destination changes iier course when at sea, and proceeds to a different destination. There are no means of preventing this. The number of vessels clearing fVoni i)orts of the United Kingdom in the coui-se of the year is very great. In the year 1870 the number of clearances granted was 203,0:11. Of these l.'^.L't 1 were for vessels sailing from Liverpool, and 17,037 for vessels sailing from London On the 22nd March, 1862,* the Oreto sailed from Liverpool. Her master was .James Alexander Duifuid, a master mariner residing at Liverpool and the person named in the above declaration. Her crew were iiired, as appears from the Articles signed by them, for a vovage from Liverpool to Palermo, and thence, if required, to a port or ports in the Medi- teiraneun Sea or the West Indies, ai.d back to a final port of discharge in the United Kingdom, the term not to exceed six months. They were not enlisted in the service of the Confcdemte States ; and it is clear, from what subsecpiently 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 tiic mcith 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 precau- tions taken in respect of her : — t StateitUHt o/ Ml'. A'liii'anl Moiyiiii. "I uui uiw III the Survt-yois ol' diatoms ul liiit purl: imiNUiuit In iiislruttimis 1 irccivud tioiu llio f'olleclor nil till' 21mI 111' Ki'linmry lu the |iri'sijiit vcar ami at MiilNcmifUl dates, I visiii'd tlu' Nteumer Ort'lo at Miriiiiis liiiii's. when •*\n' was U'lrij: tittcii nut in llu' ilnck. tloHi' t reiKiil In iiic wiieiievei' any ynDiis «ire lakeii mi hiaiii, liut, in ifjilN |u my rrei|Uunt iimuiiies, they stated nnthinn was |iul in the slii|i Imi . nals (Signed; ■■ KliW Mill M"\ii.\s, Siirni/tn." Shilidi'.i/ '■/ .Vi. II' 11,11 /.loi/il, " ll si.i|i|in('e nf ilistrui liiiliH iiseiveil Irnlii Ml .Miili;an Sin \ eVm. I, in rnlliillirlinll W ith the iitiiei threi Snrveynrs ot the river, ki)|it wateli mi tin' |iIim i-iiIiuk's of the \esMel Uivtn iMli. the time sIp' left the 'i\i.xt4'tli ll'iek, nil the 4tii Maii.'h last, till the ilav sli,. saihsl, the I'Jinl ol the same month. On one »<:cu*iiin I m.im aloii^sii|> nl her. ami ^poke in .Mi. I'aii\ the jiilol. ami the ihiej mate Neither I nor any ol th' nilii'i Hivei Siuvevois ^aw at any tiim aiiv aiiii' nr warlike ammiiiiitinii ot any kiiiil lakeii oil Iniaiil. ami vm' ai" jn'rlectly sati', 4. I 2 i\ PiMtV. The Floriaa. 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. Adam* „g.j, " Forevjn Office, March 27, 1862. ' " Upon iweivinc your letter of tlip 2.';t li instniit, I immediately directed that the Treasury and Customs Department should 1r> reiiuested to take sueli steps as may be necessary to a.scertain wliether the Oi-eto is c»iuii)ped for the i)urpose of makinij; war on the United States, and, if that fact can be proved, to detjiin tlie vessel. , • , ,. , i i »i ,„ • "The cliawe that nearly all tlic assistance now obtained 1mm aliroad by the persons still iii arms aminst the (iovernment of the riiitcd Slates, 'iiid wliich eiaibles them to continue die strufryU^ comes from Great Uritain and its Dependemies, is soiiu'wbat va!.'ue. I believe the },'veater ]iart of the arms and ammunition sent from this country to America (hiring; li.c "tr,;j.(rie has ■{one to the United States. " I BKi-ee with you in tlie statement tliat tlie ihity of natimis in amity with each other is not to suffer Uieir good faith to be violated liy ill-disixiscd pel-sons witliiii llieir borders, merely from the inelBcacy of "their pwihibitory policy. liut it is, at tU' same time, a duty not to punish iJei-sons on suspicion without any pii)of of their evil intent. It is not the custom of this country tearane<>,ttnd a lilmral inteipret^itioii nf the law of nations in favour of tlie United States, Her Majesty's (iovernment cannot go. If by co-uperatioii with tht^ policy of the United States is rneaiit, either taking part in llie civil wai still niging, ov imposing restiiiiiits on the (Queen's subjecLs unknown U> inleinatiinial law, I raiiiiot umleitake that Her Majesty's (iovei:inieiit will adojit either of those idui'se.s. It would be an miheard of iiiea.snii' to pioliibit mcrcliaiits from sending slii|is to sea destined to l\w soullierii |Hirls. SliouM such sliijis attempt to violate the blocki'dc, ca])liin' n ' ,'oiideinnatioii aii' the projier |M'iialty ol' such atlj'iiipls; no authority can be foiinil for any other. " Hut while tlie.se altcnipts aii' made on the one side, the I'niled Sljiles' (loveniinent have willingly received in the miiks of their army, Itritisli subjects who violate the (Queen's I'lii'lamation in la-der to .serve against the Confederates. Nay the law of the I'liiled States, by nhicli parents can prevent the eiilistnieiit of their sons, iK'ing ininiM's, has U'cn .set aside to the pri'jadice of Itritisli subject^t, the fathers and motliei-s of tliougblless lads of Id ni- 17 vears of age. "These evils aif, jn'rliaps, iii.sepanilde fnim the unhappy eoiiti'flt now carried on in America. I can olilv liiisl it may have a s]ieedy termination, suitable to the reputation o'' the I'liited States, and contlucive Ut the future ha)ipiiies." of all the inhabitants of a country so lately jaosperoiiH and united. . , "1 am, i^c, (Signed) " Itl'sSKM,." Infornialion that tlic Oreto had put to aca had not at this time been received hy Her Majesty's Government. On the Mth April, \HI\2, Earl Ilussell sent to Mr. Adams the following Report of inquiries niudu re^pucting the Oreto by order of the CominiHsioners of Custoi.is : — f " Cu»liim-lf(iiiM,\ Ajitil A, 1Hf'i2. " Ytair I,'irdsliips liaving releni'd tons the annexeil letter from Mr Hammond, transiiiitting, bv desiri' of F,ail ItiiMHell, a copy of a liirthei' letter, lahlres.si'd by the I'nited Slates' ( 'oiisul at Livrpoiil to .Mr. Adams, th.' I'liiled Slater.' Minister at this ('can1, in which it is again atlirnied that the Oreto i^ lieing Htti'd out as a \e.s.sel i>f war lor the .Southern ( iMilederacy, and various statements are ivpiu'ted in sujiport of tlint iiswri .and iei|i;eNtiiig that your l/irdships would iiL-'tiiiet this Hoard to giveilireciions that (he Ot^'to might be viligantlv wati'hed, and (hat, il any aiinaiiient phihibited by the I'laeign luili4. Iiient Act slioiil I be diHeo\ered, tlie veMsel might Ih< at once detained ; " We lV|Hlli — "That, on the iicuiiit of your IxnilHliip'fi n>l'iirt the Oivto, and to govern liiinseir ii, acconlanee with the instruclions ( ontaiiied in Mi Hamniiaid's letici, ami, having received the liipoil nl (he ('(diectca-. we lind llat* the xetsel ie i|iieslioll Was li'giste "I'd on (he lllil ultimo, in the name ot .lolin Henry '1'homa.H, of l.iv. ipo. 1 h- sole owniM; that she cleaiol uii the following day lor I'alermo alal ■Tamaicn in ba ilated, having only « as an A Code of Sigm accompanying " With re clear the )>as.s ai'iived from o ill.^^much os t on th(! arrival > ,i.s a complimei her arrival, the 'i'iiis He On the subjoined en Bahamas : — * (So. 48.) " In the Br Ml. if "11, jYci On the 2! of Nassau, uiu fifteen miles, n stated that this room for her received from J " Sir, \ " 1 iiavo tlio be my duty .so tol " The' tug I'll ereilibly iiil'ormei Aiiiei'ica, or lor " On the 21 ('oclilane's .\iicl pi'i'|iiiivd anil litt America. " I inclose 2i)tli .\j)ril. " I cannot laaile, to asi'eitai I^V Her .Majesty' Dxcclliiicy's high wild SCI k to subv Mr. Whiti flio (lovernor (Mr. VVhitins's Governor, to t ' .Assuming iii'Velllieless oni> lii'.ilinatloli does m iiitiiiii with respef '■ 2. With n\ liy iiiiiiiy it'sidenil .\iii'liiirage, wliii'lf >* till' fact, an ol which are linble liny naval or itvJ iiiiilter must Ml * Appendii. rol. i, p. 11, t Ihid , p. 7. sen received liy 61 T i -n. in ballast, but did not sail until the 22nd, the day on which the American Consul's letter ia .lamme ^^^^^ ^ ^>^^^ ^^ fifty-two men, all British, with the exception of three or four, one of whom 1 V WIS nn'Aiuerican. She liad no gunpowder, nor even a signal gun, and no colours, saving Maryatt's C d » ()f Signals and a British ensign, nor any goods on board except the stores enumerated on the nwnninanvin" copy of her victualling bill. ,.\vij;]i regard to the statements in the letter of the Consul, the Collector further reports that it is inasmuch as they on as he tl ' ivrival of the Annie Childs, as far tis the Collector had been enabled to ascertain, was intended ' '■" luulimfnt to one of the Cunaixl steamers and another vessel which saluted the Annie Childs on '.r^nn'iviil the musters of the several vessels beuig known to one another. -" '" ' /Sim.o, deeming it to lie my duty so to do, as Hcjircsentntive of the (lovcnnm'nl of tlie United States of America. " The tug Fanny Ix'wis, which arrived lierc from Liver)Miol on tlu^ (ith instant, has on board, I am iicdilily iiifonucd liy letters itu'cived from tliat jiorl, a liirgi; quantity of powder for the rebel States of ■Vuu'rica or for the so-ciilled Confederate State,•^ " On tlu' L'Ktb ultimo the steamer Oreto also arrived olf this jiort from Liveri)ool, and now lies at (,'oc'lii!iui''s .Viichonigi', wiit'if, it is believed, and so re]>orterey on the commerce of the United States of Aiueriia. " I inilo.HC for \our E.\>!elleucy's jjerusal a sli]) from the Wilmington North Cawilimv paper of the L'Dth April. " I cannot Imt tliink tlnit your Kxcellency will consider it jii'o)H'r tliat some inri|i'r : — "1. That tlie Oretn, il |niii'tii iil'le, sliniild l;ilsi' in liiv c iir;.'u vviiliin the pmt of Nitssmi. "2. That if Iiowi'vi'r it 1»' toniid iiiiiiiiuticnlile. tmiii the dc);tli cil' wntcr in purl or otli. nvise, thin she cannot conveniently liikc in her ciiigo within llic port, tjic.i thiii she he permitted to do so iit Cochrane's Anclioiiige. under the direct supervision of otiiiers of the lie\-eiiiie I lepnrtinent. to be .specinllv appointed for the )nir]iose. "It. Tliiit in coiis(M|iieiiee of tlie siis|iicioiis wliii li liiive iiiisen icspecling tile clmiacter of the Oreto. it is ndvisiible lliiil i\ r.iitish vi'.ssel of war sliouM leinnin iit Cochnine's Anchorage, in the iinmcMliittr vicinity of the Oitto, winle she is taking in ciirgo, iind to prevent such vessel lieing di'tained iit the anchorage nn iiiconviiiienily long lime there be ini|io.seil n.s n condiiioii, tor the permission lor the Oreto to load witlioiit the |'orl, llii'l she eom)ihle her ludiiii.' nt ( 'oclirane's .Anchorage, within a peiioil i.i 1„ designated by the Cliii I Ollicer of tlie Iteveniie Ileparinieiil " Mis Mscelleiicv was liiilher jilea-ied to direct that a co)iy of the foregoing Order be birnishecl i.. the Iteceiver-tb'iieral and Treasiiier, and the ( onilnandei ol Her .Miijesty's ship lliilldog, respocti\el\ fur their information anil uaidanie.' On the same 'p. Itiuiid a». Ibid. p. Ht. The Atlor I this Report, ga • ^I'l V. AlcKiM.ov" lie tiovenior the WimiNd, Cimmil" •8 (lucloaure.) Mr. Jones to Mr. Wlhiting. " Neman Prison, June 4, 1862. ' The ship I am from is the Oreto, built Ly W. C. Miller, iu Liverpool, after the model of the Kndish Navy gim-boats, with magazine, shot-lockers, ports and bolts for twenty giius. Everything is ■ie^ed and' ready for mounting ; even all the articles necessary for seamen, such as hammocks, bedding, kettles and pans, with tlu'ee years' xirovisions. In short, she is a perfect man-of-war. Captain, James DuBuid ■ chief officer, Wilham Duggin ; second officer, — Hudson ; I, Sir, was third officer and boat- mtm • the cliief steward and purser, who refused duty, are in jail here. 'Sir, " YouKi, &c. (Signed) "Edwd. Jones." The Consul renewed his representations on the 12th June.* In conformity with the above resolutions of the Executive Council, the Commander of the Bulldog proceeded to Cochrane's Anchorage, put one of his officers in charge of the Oreto, and placed his own ship near her. On the 7th June she was removed by the consignees to the part of the harbour close to Nassau. On the 8th June, 1862, the Governor received from Commander McKillop a letter dated the ()th,t reporting tiiat he had visited and examined the Oreto; that she was fitted for war purposes, and had fittings at variance with the character of a merchant- vessel, but had on board no guns or ammunition. On the 9th June the consignees began to load the vessel with cargo, part of which consi.sted of arms and ammunition, including some boxes of shells. On the morning of tlie lOtii, however, the cargo which had been put on board was discharged, the consignees bavin"' obtained leave to land it, and to clear the vessel in ballast for the Havana. Commander M'Killop quitted Nassau on the 9th June, and was succeeded, as Senior Naval Othcer at the port, by Commander Hickley, of Her Majesty's ship Greyhound. On the lOlh June, Commander Hickley went on board the Oreto, but, being informed that i she had cleared for the Havana in ballast and was to sail shortly, forbore at that tims [to exan\ine her. On the 13tli, he again went on board of her, and sent in a Report to [the Governor, which was as follows : — % " Grci/hoiind, Nassaii, A'cw Provukncc, Bahama., i« (^jj. " Jiiiu- 13, 18G2. '" (Ju goiiii; on liourd the Oreto this morning, the (■nplain informed nie that the crew had refused to [uet the anciior up until they could 1".' certain as to where the sliip was going, as they (hd net know fwlmt iiiiglit bt'coiuc (il them iil'li!!' leaving port, and thai the Orelo was a suspicious "vessel. 1 then proceeded inuud the decks In iinte her tittings \-c., and to ascertain whether ,she had any warlike Stores i)U liiianl fill' her own eiiuipmeiit, and I have the hinioiir to make the lollnwing lleport: — •■ Tliat llu' Oictii is ill every icsjiccL lilted as a iiiaii-nl-war, on the principle of the dispatch giui- ivessel.s ill Her Majesty's Xaval Servi<'e. •■ That siie lias a crew of litiy men, and is eapalile of caiiying two )ii\ ot-guiis amidships and four hioadiide liDth ioruavd and alt, llie ports lieing nuide to 'ship and nnshij),' port bars, breeching, side ! tackle, bolts, iVr. "That she lia.s sliell-rooins, a magazine and light-rooms, and 'handing-scuttles' for handing iiowder out of the magazine, as lit'.ed in tlic naval service, ,iiid shut bo.\es for Armstrong shot, or shot I sinnlur l" them. Hound the uppei-deck she has live luiats (1 should say), a ten-oared cutter, an eight- (iiircd cutler, twn gigs, and a j(illy-l"iat, and davits lor hoisting them up, — hei' aceoinmodatitin l.ieing in i no resjiccl dillereiit llnni her siinilai class oj vessel in the liuyal Naval Service. ■ .And nil my a-.kiiig the '■aptaiii nf tiie Oreto, bcl'ure my uwu oliiceis and three of his own, whether [she had lell Lixfipiinl titled in all respects as she was at present, his answer was, ' Yes, in all respects," t and ' llmt nil addition or alteiatiun had been made whatever.' " lu witness of liiis l^'port, and ready to testily to its correctness, we, the Undersigned, utUx our aauies. (Siguud) "H. \1. }\\i\<\.v.\,('tii,i,iia,iila: "Jnu. L Oii.nv. LiiiiiiiiKii/. "C. S, C.UlUVI.K, Linilnudit. " K B. SiiAiiT. .Vostn: "P. O. M. Vny.f^v.nwK, AmulaiU ruyiiiiakr. " K. 11, (liiM.i;v, (Ilium i: " K. KnW.Mllis, Ciirjiuili,; "W. U'isKt\.\.\. (/iiiIiIii'h Mall. ".InliN \.y.\\A>. iHi'iiiiHii diiiiiitr." . TIk! Alt()iin'y-(>t'iieial ul (hi' Coliiii)', being tailed iijion (o advise llif (Jovernor upon this Hcpurt, gave his opinion that it would nut justil'y tlii' ikteiition of the vessel. BarfV. The FloricU. Appendix, yul. i, p. 21, + im„ p. au, i Ibid,, p U3 ii PartV. The FloriJa. 64 On the 15th June some of the crew of the Oreto came on board the Greyhound, and stated to Commander Hickley that they had left the Oreto because they were not able to ascertain her destination, and that she was endeavouring to ship another crew. Commander Hickley thereupon seized the vessel, but, on the morning of the 17th, released her, the Attorney-General being still of opmion that there was not evidence sufficient to justify a seizure. Notwithstanding this opimon, however, the seizure was forthwith (namely, on the morning of the 17th June) renewed, with the sanction of the Governor, that officer holding that, after the statements which had been made to him by Commander Hicklev, it was right and proper to submit the case to judicial investigation. The sanction of thcGovcinor was given on the 17th June, and proceedmgs were, by his direction, forthwith instituted in the Vice-Admiralty Court of the Colony (which was and is the Court having by law jurisdiction in mutters of this nature) for the condemna- tion of the vessel. ... • i , . ,<• On the trial of the case, the followmg witnesses were examined on behalf of tlic Crown : — Wviin Kc'ly .Taiiu's Du-,'?;!!!!, Cliit'l' OHicor of (lie Oreto. Williiim I'lirtur, M'lUimii of Cii'to. I'eter Hiiison, soanmii (pf Oreto. Charle.s Waitl, steward 'if Oreto. Walter Irviiij;, lireiiiaii ol' Oivto. Joliii (Jiiinii, tiieiiian ot Oreto. TlioiiiiLs L'oliiii.soii, (ireiiiaii ol' Oreto. Daniel Haiiiv. coal-triiniiier of Oivto. Cominamler'Hiekley, of H('r Majesty's ,s1ii]) (Ireyliomid. TIionia.s .Tose)))! AVateis, a iiia.iter manner in the Merchant .Service. Lie,ntc'iianl Carclale, lioval \avy. IJav lieaufoy Stiia;;, ...^'.ster and jiiiot of Her Majesty's .slii]) (Sreylioiinii. One of the firm of merchants who were consignees of the vessel at Nassau, (lie master under whom she had made her outward voyage, and other witnesses, were examined for the defence. The consignee, in llic course of his evidence, made the following state- ments on oath : — * "We (meaning' his lirni) iiail tlie .sole direction and nianii;;enient of tlie Oreto. I know nf nn ]H,'r.snn bnt Captain I )ujiuid Iiavin;; any control over tlie Oreto. . . . In placinj; the ciir},'o on noanl tlie Ori'to, it wii.s distinctly nnderstoo(i as carj^'o. I staled to the Iteceiver-Oeneral that it was eiu;;ii only, that we iiiteii(h'f llic car^o on Uonrd the Orelo was |ierfornied liv n under our ^'ciieral iii^liuiiiMii.^. J uni not jiiejmied to siiy whether llie \e.ssel was aitiially j^oing in .St. .lohn's, New Hninswiik. " The master, James Alexander Dup;iii(l, gave evidence as follows: — f " I am masii'i' of ilw Oiei.i. . . . The owner of ihe Orelo, 1 lielieve. is nnmeil Mr. Tlioinas I t-ook my inslrnelions Ikhii Kuwcell, I'lc^lon, and Co., the agents. . . . I nrriveil heie at llie Inili i elitl of .\|iiil I went to Cochmne's .Viiehoia;^'e, and commiinicalcd wilh II. .\dderley and Co. as ihr aoeiils of the vessel ic|iicMiitii;;( my owiieis in lui;,dani|. I had no inslnicljiijis, when leaviii:; l')ii;;land, who the aoi'iils of the vcMsel welt! ; hut on my arrival here I nnderstooil who iheywiu Mr. biwe Imil II letter, and told nie ihiil Messrs. Adilerley ami Co. were tlie ii),'enls of the ves.sel, iiiil lliey would enter (lie ship. I reiiiaiiied at Cochrane's AnciiniM^e seven weeks ; we were Wiiiliii;; ordi i Ap|>eii(li>, vul. I, |i. 47. t Ibid., p. 18. the Greyhound, e they were not ip another crew. ig of the 1 7th, as not evidence the seizure was sanction of the made to him by ;ial investigation, ings were, by his ilony (which was r the condemna- cd on behalf of el at Nassau, tlic ses, were examined >e Ibllowing statQ- Orot". I know of 1111 )it till' ciiinn "11 iMWiil ■M Unit it was I'liij;'! lint we ri>\M not f■^^'^> Knlisliiii'iit Act j mi.l mic line I'tse. No m t lllcllt lllUt till! Vl'SSI 1 cllinnl. SilC WIIS cnll- in ill till' lii'^t iiislniwr |.ir vessels to Messrs, iiislidii^', was )ieli'iillli<' II' wiiH aetnally goiiiK '" -r iiiimi'il Mr. Tliniiin:- 1 ■liveil lieie 111 lln' InH'i Hdileliev mill <'i>. as ill'' lliliiili'^, wliell IcilviliL; risliiiiil "liii IIk'.V "'" n^iils i.r llie vessel, mil we were wailii>K ""'il'i 65 from tlic nKC'it*'' ^^'^'^ '"^^'^ waiting ordera from the owners at home. . . . The shell was taken on hmiRl liv the direction of the agents. I never thought that it was intended for the vessel, neither did I know that it was. ... I hail not intent, nor would I do so, to use the Oreto to commit hostilities against any Power or State." On cross-examination he said — * " 1 received my instmetions from Messre. Fawcett, Preston, and Co. as to the voyage. They were written. [The instructiouj were produced in Court.] In the conversation refen-ed to in the letter dated 22iid March, 18()2, I jiroposed going to Nassau instead of Havana. No instructions were given to mo as to Ur' ulliniati! destination of the vessel after she reached K- 'U. . . . I had no know- led"e wlw1''\cv, when the vessel cleared for Havana, that slie was ultim. . lyhnund to the Confederated Rtiites of A iierica. 1 have no knowledge whether tlu; vessel was to ret\ a • to Kurojie or not; I have no kiiowleil'41' one way or the other. I have no knowledge whatever lliat 'lie had been sold or agreed to he sold to any persons in tlie Confederate States." With respect to the crew of the vessel, the consignee gave evidence as follows : — f "We had some difliculty with the crew. They set up a jdeii that tiie vessel, not having touehi'd at Palermo there had been a deviation of the voyage, and therefore they chiimed their (Uscharge. We demurred tii this, Imt afterwards agreed to jiay them their wages up to date, and give them a bonus of .'")/. and pav their pa.ssage to England if they would not remain in the .ship. This tliey rcfu,sed to accept, slaliii" thill, IVom the .several visits of the oHicei-s of the man-of-war on board the vessel, they con.sidercd she w"is of II siisiiieioiis eliaraeter, and that they would not go in her nnle.ss the (iovernor and C'a|iiiiiM Miekley guaranteed their safety. Some accepted the tonus tliat were offered. In conseipicnce of this llicy were summoned lii^fore the ]iolice nmgistrate, and the ca.se was brouglit under his adjuilieii- tiou. They elected to take their d' 'argi!. 1 was present at the time they then and there agreed to quit the shi)). They then olitaiiK' .!av to go on board for their clothes. The men were tlischarged |,v the magistnite. In conseipiencc if t we got a shipping-master to ship another crew for the Oreto. I lliiiil; there were fifteen or .si.v'^"en u: .. hands then shijjped. They received the usual advance. It ■was our intention to .send her im udiatiiy to sea. I had an'anged with the pilot to take her out the folli wing iiioniiiig (Suiidiiy) ; they, however, nii8.sed the tide, the crew not having come on board. The vessel was again scIzimI tjiat day. The crew we shipped then left the Owto. 1 have not seen them .since and ail the advance that we ;'aid is lost." As to the same malcr, tlic master stated as follows : — X "Twii iiioinings following, [irevioiis to this seizure (1 mean on I'Viday and Saturday), 1 ordered my ercw to get the vesst'l under way, but they refu.scd, .stating that I had deceived them once, and that they would nol lielieve wliat I told them again. I tolil them she was cleared fov Havana, and bound there lis liir as I knew. They still continued to refuse to work, and said that they would not believe iiiivliiiii,^ 'lii't I '"I'l llicm. In conseipU'iice of this I sent warrants on board for them. They all appeared liclVire the .Miigislrate. They said tiiat they would not jiroceed in the vessel unless they were .niariuilccd ihat they would be safe from any American cruizers. They then said that they would take theit' disciiiiige, mid the whole of them took their di.scharge. ' On the 2iul of August, I8(i2, the Judge of the Court pronounced judgment in the disc, reviewing at considerable length the evidence which had been produced on both sides, and stating what, in his opinion, was the effect and value of that evidence. At the beginning, he said — § "To support llie libel, it is necessary that jii'oof should 1ki given — "1st. 'Ihat the aforesaid |iarties, having charge of the Oreto, while the vessel 'was within the jiiiisdielion of the Viee-.\dniiriilly Court of tlie Hahamas, atlem]>tcd to eijuiii, furnish, and tit her out as a vessel of war; "Jiidly. That siieli atlemjit was made with the in'eiit that she should be emiiloyed in the service ol' ihc ( 'oiifcileralcd .silales of Anieric.i ; and, " llrdly. I'liat siicli servii'e was to eriizc and commit hostilities aj;ainst the citizens of the rnited Stall's ol' .\niei'ica. Witnesses hii\e iiceordiiigly lieeii jirodueed to |ii'o\e that the Oreto is constructed fiM' and lilted as a war-ves.sel ; that acts have heen done in her, since she came to Xassiin, which consti- tute an atlemiit t piip, lit, and arm lier ii-i a vessel of war. Thai from certain conveisal ions which were overheard between the master of llie vessel and a person who came out jiassenger in her, and from cciliiin iicis done liy this iiewoii, there is jiroof that she was inteiHJed for the service of the Confederated Slates ol' .\nierica, and to cniize iigainst the citizens of the I'nited Slates." After recapitulatiiif^ the substance of tiie evidence, lie said — 1| "Till' cpieslioii now to be deeidcd is, whether, upon a carel'iil considenitiou of tlie evidence, there iippeai's |ii'ool' or cireumstantial evidence amounliiig to reasonable proof that a violation of tiie )i)'ovi- IH. .\ppciMli\, vol. i, |), ,')0. twj 1. 1> i Ibid., p. Ut). t Ibid., p, IC. Party. The Florida. i II Had., p. 50 Ibid,, li) ?totV. The Fhrida. sions of the Foreign Enlistment Act has been committed by the parties having charge of the Oreto. First by attemptin" by any act done shice she came into tins Colony, to tit or equip the Oreto as a vessel of war Secondly, bv making such attempt i\n- the puqjose of Httnig and equippnig her as a vessel of war for the service of the Confedemted States of America, tn cruize and commit lajstilities arrainst the citizens of the United States <.f America. 1 have already said tliat what took ])lace beloie the vessel came here can only lie received as elucidatory or explanatory of wliat has occuiTed since that time Two facts have bccii jnovcd, lioth (if which, it has been contended, are violations of the Act. One is that while the \e.ssel li'V at I'ochroite's Anclioiagc, some lilocks were stropped in such a manner that t'hev nlight ))e used a.s gun-tackle blocks, ami tliat tiiey were .so caUed in an entry in tlie sliip's log- book, and by .some of tlie crew. The other, th.at a numlier of lioxes containing shells were put in the ship after she came into this harlwur, and Avere taken out again." He arrived at the conclusion that there was no sufficient evidence of any act done, or attempt made, since the Oreto had come to the Colony, to fit out or equip her as a vessel He was further of opinion that, although the vessel might not be calculated to carry the ordinary i)ulky cargo of merchant-ships, she was capable of carrying a considerable quantity of some kinds of cargo, and that it was not improbable that a vessel of her description might be used for running the blockade. He was also of opinion that the evidence connecting her with the Confederate States, as a vessel to be used in tiieir service to cruize against the United States, was " slight."* " It rests entii'ely oil licr connection witii a gemleman named Lowe, who came lait pas.senger in her and some c\idence has been given from which it may be infened that this Mr. Lowe is connected in some M'ay with the Southern States. He is said liy some of the ciiw to liavc exercised some control over the Oreto. This is denied on oatii by Mr. llanis and fajitain Duguid. Kut assuming it to be true, and assuming also tliat Mr. Lowe is connected Avith the Coiifedeiiited Stated, no one can stale tliat Mr. Lowe, or his employei's, if he have any, may not have engaged the t)reto for the ]aiiiio,se of carrying munitions of war, whicji we have .seen she is well ca]iable of doing, and this uould not have Ijeen an infiiiigement of the Act under which she is lilielled. But the evidence coiinecting the Oreto with the Confederated Stales rests ahnost entirely on the eviilence of the steward, Wanl, whose testimony 1 have already explained my reasons for receiving with much doubt." The Judge, therefore, made a deci-ee for the restoration of the vessel to the master claiming on behalf of the alleged owner, John Henry Thomas — " ITnder all the circuni.stances of the ca.se, T do not feel that I should be jiistilied in condemning the Oreto. >lie will, therelbie be restored. " With respect to costs, although 1 am of oiiiuioii that there is not sutlicient evidence of illegal condud to coiKlenin the vessel, yet 1 think all the circumstances of the case taken together seem sutti- cieiit lo Justify strong susjiicion that an attempt was being made to infringe that iienlmlity so wi.sely determined tiiior. by Uer Majesty's (Mivernment. It is the grounds for .'^eiziii:.: the Oiclo ; and I therefore decree that each jiarly pay his own costs." The assumption, on which the .(udge appears to have proceeded, that evidence of acts done before the Oreto arrived at the Bahamas could not be received, unless for the purpose of explaining or elucidating acts done after her arrival, may have been erroneous, and Her Majesty's Government believes that it was so. Her Majesty's Government believes that in a j)roceeding in rem against ii ship, to enforce a forfeiture for an alleged infringement of the statute, a Court, wherever locally situate within the dominions of the Crown, might lawfully receive and adjudicate upon evidence of such infringement, wherever the act or acts c'linstitiitiiig it might have been committed. The decision, however, although fouiulod in part on an assumption that Her Majesty's (iovcriiment considers ojieii, at ka ♦, to grave doubt, was the judgment of a Court of ciimpitciit jiui-dieddn. and was, as iicli, binding on the executive authorities of tlic ( (iluiiy. .'uid it is iurti,rr to be oli.servc(l, that proof of acts done out of the limits of the Colony, had it been lendered and admitted, could not have altered the decision of the Court, unless it had siijiplied evidence also of an unlawful intention. Her Biitannie Miijesty's (lovenimciit, on the 31st July, I8{)2, received from the GoveriKir of the Haiiainas intelligence of the measures taken in resjiect of the Oreto. 'i he seiziiiv of the ves.scl was a|)proved by Her Majesty's Government, and tlu; '.lovernor was inlbriiied that she should be detained imtil instructions could be given us to what further jirotcss should be instituted. t The Lords Commissioners of the Treasury were at tl from Liv£ at that p of Custon Intell the restor Septembe) The< August, I cargo, for of cargo, e Manifest of ( " JVasaau, On or history of tl of the Confe has been iiif Ma flit, who eoiiiinissionei commissionec Maffit, and keeping the i the Havana) at and entere three United Slio was repa from Mobile, The Uni 8th Septeinb(f " Sir, •■ / have ij scliooiier i'riiic(j on lioiiri! that sl[ Willi the ,Sece.- lies at ('ochniiiil •^ciit to tlie Oivtl " I eariiesll iiiatleis, and ol llie lioiiour to rtl TJic Cole "Sir, " 111 reply Kxcclleiicy lo iiil li:iteyoiir (illegal "ill ilireel ,1 pii,j I'l' violatiiij,' the " Mill his I'l Kxcclleney's jurif * Appciidi-x. vol. i, p, .VJ. t Ibid., pp. 20, 31, tt ^(q. ■ the Oieto. i Oi-eto lis a iu^ hur as a it hostilities pliu'c licforii id since that 1 (if the Act. 'h a maimer le shii)'» lo(4- «j put ill the act done, or as a vessel ed to carry considerable essel of her erate States, " slight."* t i)asseiif;ev in le is connected :d sonic control suniin^ it to he i can state that )ose of can\vii>K ,t have l)eeu an Oreto with the estimony 1 liave to the master I in condemning loiice of illegal ther seem siitti- inilitv so wisely 3\Ia,iesty'H l^^avy i think that that each luirty lat c vidence oi unless tor the )ecn erroneous, s Governmeiil for an alleged > dominions of ini'ringenient, ition that Her jtulgnient of a t'ivc authorities lut of the liuiitb the decision of ;civcd from the the Oreto. innent, and tlu; ,uUl he given us of the Treasury er were at the same time requested to considef the propriety of sending an officer of Customs from Liverpool who could give evidence of the facts which occurred in regard to the Oreto at that place, and inquiries with that view were forthwitli made hy the Commissioners ° Intelligence of the Decree of the Vice-Admiralty Court of the Bahamas, ordering the restoration of the Oreto, was received by Her Majesty's Government on the 16th The Oreto '.vas released, in obedience to the Decree of the Court ; and on the 7th AuKUst 1862, she was cleared at the Nassau Custom-house as a merchant-vessel with cargo, for St. John's, New Brunswick, as appears from the subjoined copy of the manifest of car"o extracted from the books of the Revenue Department of the Bahamas : — * " Outwards. Muiifest of Camo on board llritish steamer Oreto, A, L. Read, master, for St, . John's N.B. 178 tons; 12 feet water; 52 men. "4 kcps white lead. " 28 Imrrels bread. ";{ barrels oil. '' "8 cheese. " 2 mncheons rum. ■'■ ' " 3 kegs butter. " (J cn.ses i and i boxes tobacco. " 8 Imgs pepper. " 4 barrels sugar. i, ' , ' " 4 boxes caudles " 4 bn"s cofl'cc. (Signed) " .T. L. Ek,\p. " JVir.ifinii, New Proviihiur, Auffitst 7, 18(12." On or about the 7th Aujfust tlie Oreto sailed from Nassau. Of tlie subsequent history of this vessel, from the time of her leaving Nassau to tliat of her arrival in a port of the Confederate States, Her Britannic Majesty's Government has no knowledge ; but it has been informed and believes that she was subsequently armed for war by a Captain Martit, who had formerly held a coumussion in the United States' Navy, and was then a coinuiissioned ofliccr in the service of the Confederate States ; that she was then commissioned as a sbip-of-war of the Coul'cderate States, under the coiiunand of the said Maffit and her name changed from "the Oreto" to "the Florida;" and that, after keeping the sea for a few days, she put in at the port of Cardenas, in Cuba, where (or at the Havana) she remained for nearly a month. On the 4th September the vessel arrived at and entered the port of Mobile in the Confederate States, which was then blockaded by tiiiee United States' ships of war. She remained in port for upwards of four months. She was repaired and refitted, and shipped a crew, and, in January 1863, was sent to sea from Mobile, under the command of Maffit, as a Confederate States' ship-of-war. The United States' Consul at Nassau, after the departure of the vessel, and on the 8th September, 1 8G2, wrote to the Governor as follows : — f " United Slntrs' Consiiliiti\ Xiomtiit, Nrw Providence, ".Sir, " ^i>timl»r 8, 18()2. '• 1 have the hciiiiinr to inlorni your K.M'cIleucy tliat I liavc g I iiutiioiity for stating that the wliooiicr I'riiice All'rcd, of Nassau, took the Oreto's arniamcnl I'roni tliis port ami discliarged the sanu! (Ill board tliat steamer at (licfii Cay, one of the Kahanias. That tiic Oieto afterwards left Ureeu Cay wilii the Secession tlag tiyiiig at lii^r peak. Tlial the I'liiice Alfred has returned to this ]iort, and now liis at Cocliranc'.s Aiicliorage, and 1 am credilily iiifoinied that lu'r (,'aptaiii is again shipi)ing men to Ije sent to the Oivto, in direct contravention of the Foreign KidistiMeiit Act, " ! earnestly iiigi^ ujion your Kxccllency the ]iidpriety of instituting some iiu|uiiv into these niiitli'is, and of luvveiiting acts so prcjiuhcial to the interests of tlie friendly (lovernnieiit which 1 have till' honour to represent, " I have, &c. (Signed) " S.VMl'EL WillTlNfi," The Colonial Secretary replied as follows : — " Sir, " Cuhniiil (>[lia\ Xtiiiih, 18G3. "I have Hicoived mid lind niuler my consideration your despiitcli of tlie 7tli Miinli, giving iin account of certain connimniciitinns wliicli liuvo jmsscd Ijctwecu yoiirsi'lf and Hwir-Adiuiiiil Wilkes, of the United States' Niivy. "Yon were qnitc rijjht in i-el'nsiii},' to enter into correspondence, with that officer upon the matter adverted to in Iiis despatch of the Hth March. On this and other occasions it has lu^coine evident that interviews nnd explanations such as you accorded to ]{ear-Adminil Wilkes wen^ made the ])rete.\t for placiiif,' on record char)j;es more or less direct against oflicei-s of Her Alajosty. And 1 tliink thai, as the (iovemor of one of Her Majesty's Colonies owes no explanation of his contluct to an oliicer of llie. United States' Navy, it will In' prudent hereafter to avoid such exjilauations as far as the rules of ccanle.sy will allow. " It is the wish of Her Majesty's (iovornnient that mattei's of complaint sliould in j^eni^ral 1h3 discussed between the two Govermuenta concerned rather than between any sulioniinate othcers. "With reganl to the is.sue of coal to the war-vessels of the bellii^'isrenls, you have, 1 think, allowed yourself too much liberty in giving the '.s])ecial ])enuis.sion ' to take in fuel coiiteniiilated in Her Majesty's Piuclaniation. Coal, in the opinion of Her Majesty's (lovernnient, ou},dil not to be supjilied to a \es.sel of war of either belligerent except in sitch (ptantityas may be necessary to carry suih vessel to the nearest port of her own country (or, of course, any nearer port), and this, I will add, without reference to the (picstion whether the i)orts of that couutvy are or are not under blockade. In case of siidi blockade it will re.st with the olHcer in command to seek some more convenient destinatinn. If within the ])eriod prescribed l)y the rroclamaiion a ves.sel thus furni.shed with coal in ime of Her Majesty's ])os.se.ssions shiaild ajiply for a second supply in the same or another Colony, tlu; application may lie gmntivl if it is made to a])pear that, owiiy to real necessities arisin;,' from stress of weather, the coal ori},'inally ^'iveii has t)cen prematiuvly exhausted U-fore it was ])ossibIe that the \(ssel could, under existinij; circumstances, have reached the destination for which she coaled. " lUit if it shouhl lie the ca.se that the ve.s.sel has n(it, since taking in loal, been hma fulf (ic(U]iie- co.ii, and tiie qunutity allowed to be placed on lioard. " I have, vVc. (Signed) " XkW( AHTi.K." On the 8fh May, 18fi.'}, the Florida entered tlic harbour of IVriiambiico, and njccivcd permission to remain there for twenty-four hours. Ciiptaiii Maflit staled to the President of the Province that the machinery of his ship was out of order and re(|uired lepair; and he obtained, repaired m s Tlie Uni protesting ag be regarded a The Prei international not agree wit protest. On the 1 her Command of procuring c persons, Capt stores, and he in the Govern correspondeno " Sir, "At the rci| honour to inforui wa.s iiilormed b) fnriiisli (lie Flori) "As tlu! Klor airival of coals w privilege will be i repairs to luachiui in the ])ort of St. " Sir, " I have the \ the request of Cu[i ot the dockyanl i furnish the Flori therefore of neces.' daily e.vpected, Ca jaocccding to the ship which are of " Having rel'c Iionoiu' to acquain re]»airs to the iin Her Majesty's A- " In making ]iower to olitain li; jiroceed without instructions (with as to the limitatic States, and that it tare from these isl sliiaihl lind it imji nni.st re([uest that (lejiarture from tin "Sir, " Since the cf| I'Vi'iiing last, Cii] lu'liiiigiiig to the (I "He, thereforf oliicers, for a (juail * Appendix, vol. i, p. 102. 69 he obtained, on this ground, leave to stay for three or four days. The machinery was repaired m shore, and he sailed on the 12th May. Tlie United States' Consul at Pernambuco addressed a remonstrance to the authorities protesting against any accommodation being granted to a vessel which he insisted should be regarded as piratical. The President replied that there had been no infringement of the lettei' or spirit of international law in the course which had been pursued by the authorities ; that he could not agree with the Consul in regarding the Florida as piratical, and could not admit his On the 16th July, 1863, the Florida came into the port of St. Georges, Bermuda, her Commander having Jjreviously applied for and obtained leave to enter for the purpose of procuring coals and making necessary repairs. Being unable to obtain coal from private persons Captain Maffit requested to be allowed to purchase some from the Government stores and he requested also that permission might be given him to have his ship repaired in the' Government Dockyard. These requests were refused, as appears from the following correspondence : — * Mr. WalLrr to Gor.rrnor Onl. << c;i,. " St. George's, Jul// 18, 1863. "At till! TOfjnrst of Caplaiii Miillii, (■iiiiiiiinuiliiif,' Confeilurato States' steamev Florida, I have the lionour to iiiloriii yepartnieiil. " He, therefore, retpiests me, in his great emergency, to apjib irough your lixcellency, to the proper nllkcrs, fur a quantity sufficient to carry his vessel to .sonu! oti "aling depot. Apppiiilix, vol. i, p. 105, PftrtV. The Florida. " Captain Maffit will be licppy to Imve tha opportnnlty of paying far the ooalu in coin immediately, or of having them returned in kind, within two or three weeke, at any pwnt in toe iskud whicli may lie indicaUHi, „ ^ , «,„ "Jhave, sc. (Signed) "Noemaji Stewart Walkee." ' Sir, Goveiiu>r Oid to Mr. Walker. " Mount Lattgton, Jidi/ 20, 1863. " I have the honour to acknowledge tli'.- receipt of your letter of tills day's date, re(|uesting, rn Iwlmlf of ('iii)t(.iii Maflit, Confederat* State / stpiuner Florida, that he may be pennitted to take from a large onantity nf eoal l)ei(mging to the Coiuniissnriat Deimrtment at St. tleorge's, a quantity sutticient to carry his ship to some other coaling deimt. " iu reply, 1 ha\o to inform you tluit the coal lu question is not under my control, but under tliat of Colonel Mu'nro, the CoimnandaJil of the Troopg. " I have, &c. (Signed) " K. St. Gkorge Obd." Colonel Munro refused io allow ooal to be Bupplicd to the Floridft from the Commissftriat Department. She siibsequenliy obtained some from a vessel which arrived at the Colony from Halifa.v. The Commandant of tiie fort ^t Bermuda had, on the arrival of the Florida there, consented to exchange salutes with her. This act was disapproved by Her Majesty's Governincnt, for the reason that, whilst Great Britai i had recognized the Confederate States as a lillitrerent,she had not recognized those StP^es as independent or their Govern- ment as a sovereign Government. On the 23rd August, 1863, the Florida arrived at Brest, having, two days before, taken and destroyed at sea a United States' merchant-ship bound from Liverpool to New York. The following Ri'i)ort of wliat then occurred at Brest was subsequently furnished to Her nritannic Majesty's Government b> Her Majesty's Consul at lirest, and is believed by Her Britannic Majesty's Government t.> bt true and correct : — * "MylyirJ, . ••B>-m..K,,ln,ilM-r 22, l»7l. " I iiavfl the honour to acknnwlw'ge tlie rweipt of your liorduhip'i dw!|iu(('h of tli« I2tli instant, iniitrueting me to furniNli you witii a lte|M)it containing all tliu piirtit idiu's of <, jij. d | cuiild olitnin iuformation itiMiKK^ting llie pmofedirigs at iIiIh |Kirt of lln^ < 'oMfpdemfo < ruizcr FlonM,,, in IKfi;{-(i4. " hi oU'dience to your liOrdHhip'x coiuniundH 1 have now tho honour to repoii (hut the Kloriihi arrived in iiit'il liay at II o'c! nk on the lU'irning of llie 2:lrii of .Vngunl, IHti.S; itnd Iter Cominandn ha>ing deeiured tliat nlm entered the |M)rt in oitler that her engines and copiH-r Hheiithing miglit l»' repaired, and for pur]Mwe8 of gvnemi ivtittiiig, nhe obtained free pmtique on the evening of ih.' following day, "('Hptiiin Matht, th(! ("emmander of the Kionda, wiw inlormed by the Acboiiid of the I'ort ("I'li I, i MaritiniH), ^ ii«-A(!minil Count iU> (Jiieytoii, that lie whn nt liJM'i'ty t« v'AWi (Iif r<')i«ii>i of ilif iihi)i iiii apixiint^'d agent " hiler, a M I'liqilet du l!<'lley arriveil fiorii I'ari!* as the HfiociHl agent of the Coiifederati' Htali"i for Kraiin' Itr. however, dnl not reinain here loiig, lait conlirnied the a|i|u>inliiient ol \\ Ainnatln- " The (cimineri iul rewaii-ceji III Brest proving insultlei>'nt to fifis t the it|miii< of ihe Floridn, upplicaiioii wiM mu4ie to the i'oii Adiiiinil to idlnw her to eiitiT the Oovt'innient diN'kvani, iiiiij (MTmiHsion for ber to dn so wai gniiiti'd, it iNJiig i4tipiiliitHiiiM '■ Tlie Fi'drra! ior\"lle l.oweMT, ivliiiiii'd III hi'i ail' lioiiigi' al Itreut on the 27lh of NoveiuUir iiml leniui 1 llieiv until the 'ttli ol HirelnlMi, wUfi, ^he ngalii hill lllist, and nilixi'' ..Ii Cheiinmri,' iiiilil. n'. I am iiili'rnied. her Conilnaiider I'si .•rlaimd thai tlu' Ciiiifedcnile viitm'l (ieo,„iii, Iheii lejiuirinu al that jMirt, wiiiild not lie ready loj sea lor soiin time; whereujKUi llie Keamn({() liUirumJ lu jllttat ftav and iiinhiii'i'd ihen- mi the litli of Ihe imme iiinnth •'Meanwhile tin' Flnrida had completed her ro|>airN In the dockyard, and uflorwanls took moorin)ii • ApptiM*.*, rol. I, p. 1(6. in the merchant moved to the roi "At half-pH for an unknown " It appeal's regiilflted, and li Admiral for yiei .efused, on the g nent of arms. " Uiit, it iipr of Brest, named 1 tho authorities of " No anus oi " Through M their discharge f Belgitun, (ierman numbers never e.x " The Federa: stOBUiing about tl "ThoCunfed evening of the 111 from this port, pi at Audierne. "On the l«t her Ciimmander, destination. " During the T.oiiis XIV. was j)l in llie event of om ex])intti(iM "f twen " I nni infonni the Floi-iilii, 1:H.".,(I(I which nnioiints wei " The Florida, by (_'i\iitniii Harney I tills ]inrt. " In conclusioi I tin's Iti'imrt, liiiviiifj i (•Iiai\''e of the Coiisi and I iini, llieielori Iiowever, add Unit, to do so. The Uiiitcd the Frciuli Gove success. An act by liiiii to his (i published by on " I Icivi' tins riiiiiiiii liad conii' liiT III lli'i Hindu, I'll IlIlK ( IIISNI ij I hi' .\t| to la'l siil'i'lv. alllini iiiav Hill III' iloiiliii iiiul liiiiiiiiiiil\ , I " I liini' in-ila mil' li Miiinivi'il tiin ^iiulli as liilli^ci 11 »;il' lllliler .'ike i irei lliiiilgll llii'V w ill II ii'iiliy needed liolhi liml if slid Were dr 'link w'illi its wiiigi ~,iv llir ilmk bad Tl fiiirl hud re|ioit<-d ti null li iiei' hour (giv liiilii llnii' o» II ollii illlllniUI'll, lull l('|iii;| llaii asked hini if mam JT 'Walkek." , but under that "tKOEOE OBD." 71 in the merchant harbour of BrcBfc, where she wm slowly refitted. On the 27th of l^cenil)er she Wfts moved to tlie i-oadstead, and there anchorwl within hall' « mile of the KeHwai'xw. " At lialf-past 1 o'clock on the afterncxm of the 29th of DeceniW the Keursar^e aguin left Bhsst for an unknown destination. " It appeal's tlMit some of the mechanism of the more heavy guiw of the Florida had never Iteen i-eeulBt"d and her Commander desirinj; to have tlii.s done, an application was made to the I'ort Aumirnl for TKirmission to land tlie guns for that jmrpdne ; hut this was at once and positively ■efused on the •Tound that such an net might he interpreted as an equivalent to allowing a reinffwe- " ihit it aijpears, her sniall-anns were allowed to lie landed, in order to be repaired by a gitnniaker, of Hrciit, named Kock ; this permission was granted, on the agent, M. Aumaitre, giving a gnanmtee to tho authorities of the Custom-house that they should lie reshipped on Iward the Florid* "No arms or amnuinition were furnished to the Florida while here. "Throu"h M. Aumaitre, the agent, I have ascertained that thirty-five seamen claimed and olitained, their dischart'c from the Florida here ; that they were, in part, replaced by others chiefly natives of Bcl'Tiuni, (Jerniany, Italy, and Southern Austria, brought to Hrest by railway direct from I'aris, in numbers never exceeding four at a time, and that they were ((uietly sent on board in similar niiml»Ts. " The Federal corvette Kearsi> ge reapi)eare watch their movements ; the commanding officer having oidem, ill tiic event of one of these vessels (juilting the port, to jtrevent the other from leaving until after the expiration of twenty-tVnir hours. " I nni infoniied that the agent, M. Aumaitre, ])aid the authorities of the dockyard for repairs to the Floiiilii, lS."i,i'"ll fnincs, mitl thiit the total sum exiieiided on her here exceeded 110(1,00(1 francs, which nniounta weie later T<'imbni-se>l liy Mr. Taylor, tliu I'ayniaster of the ship. "The Florida, on her arrival at Hivst, was commanded by Cajitain Maflit, who was later rcsplaced by (.'iiptnin Barney, who was again relieved by Captain Monis, under whose eonnnand she finally left j tills port. I "In conchisicm, I beg leave to state, that your Ldrdsbip's desinitcli of the 12tli instant, cHlliig for [this Ifejioit, iiaviiig been received by Cajitnin ('li)))iert;i\en the measiiieiiieiil), and unless ii'pniii'd she would siuk ; that this fact, coming liiilii llii il (iwil olliceis, he must receivi' ii.s true. Tlu'y said IKillllllg, however, idioilt her Kipjier being .liiliiiiLied, but lepoiled tliiit •'he IK e(le(| i iiiilkill^ and tarring, ll I uniler-lood the I'lelicji wkkI lighll). I Ihi'U aikcd iiiai if hu uii(.k'rst(jud llml Uiu rule in such casei icnuirod oi jUBl-ikcd ihc grant of a (.biveiii- PartV. The Florida. 72 ment dock or basin for such rejmire, especially to a vessel like this, fVesli fi'om liev ilesti'uctive work in the Channel ; remarkin}; thiit, iis she ■waited no jmlicial coiideuinalion of her jiri/.es, when repaired in this (iovernnient Kennjarge, ('a])tnin Winslow now in the port (pf Micsl, kee|s n pilot, tiait stimd on gmnnd ])cculiai' to itself, and had no nM'erence In tlio gonenil principle. " The deteiininalinii whiih ha.s '..I'en rearjail liy the French auliiorilies to allow Ihe sliipment of ,, crew, or so large a pnrlion if niie, on board nf tint Florida while lying in ila'ir port is, 1 ibiidt, winni; even sup) posing that ve.s.sel a ivgidarly i ipmrnissicpueil slii], of war. I tipid M Dmnyn de lUiiys that looking at it as a na're lawyer, and i lear cpf prejudices which my (pllliipd pipsiticpn n\ight cinat'.\ I Ihoughi this determination iiii errm He snid, hnwevi'r, thiit in lie' i nnlcremi' they liar Brest, repairing and lefitting, diiriiijx iiearK Kix nionilis, from the 2.'tr(l August, iHlj.'i, till tlie !Mli l'\lmuiry, lH(i-4. On tlic l.'Uli April, 18(H. tlu; Floridii tDuclti'd ai IJcnmidu, but n-niaiiied only a v^ rv Hliort time, andioring on llu' afternoon oCtlait day and putting to soa tiu' wuiiu' evening. Oii (he I8(h ,)nii(', 18(il, she again arrived at JJernuida, and obtained penninsion tn loinain during tive days tor the piirpn.se of making necessary rej)airs. Thv circunistunci!. which oeeurred. and llic eoiirse pursued by the auliiorilies at IJerinudB, an; net forth in the Bubjoiited desputeli from the Acting (Jovcrnor : — * "><"•. "Rirmmfn,J,il,/7. 18"! ». ' I iiuvu liie honour t4i ie|MPit the foHowiug itarticiilarHeoiiiiecled willni leeeiil ' i.sit tip these iM|,iiii|. ofthe (nnfeilen te SUiles' Hleamer Flmida. On Snluhhiv the IHth .lune, llie Floiii' arrived at iIm outer am linrage. and i onnuandei Mnrns sent nne nl hi- nlliceis In repoii !iis uirivul and ask perinissii.n to take ill cniil. ulni perniissinli iijsn l,, eHect home repairs I wius inrnrnied that lin si.pplies ni coal ini'l Ixt'ii liiinisJiMJ In ih,' Fininla in ,iiiv Kuglish pmt Im leniiioiHhK pasl,.iiiil ihnl il woiilil not be possiM.' tn usceiliiin the full eMelil ol the ie|Hiin neeessiiry until the vessel . lUne into |Hirl. 1 tlieil j;ii\. |ii iiiii.ssini, I'm lb.' Kinrida In be brnughl iiiln ,"e iibserved in J; Florida lemiiiuec lauded for fi\e ijn "''ommande aware thai the Ci "•^ ins, whici, ' lia, " Mr. lihick, • ommaiiiier M.iir ■ I beg In III "■Inch I forwaiil,., With refe Mr. Adams andl J4t r^rrl, " Jl IS will III the .ibnsr iiiihI iiisiirgei.i- in tb. hiemlly iiHiii.ii, lieporl nt M,. ,vi 111. iii'M ceiiniii Mil. H'lrida. mid hi i lieivli.biiv laid il. iviiioiis! ranees wlj CiilU'd S,(,t,.,, (,„ " 'Vol doubt I I l"nv, *e. "The Flmi.„i '■I'll fur Ih.m I;, * Atipeiidik, vol. I, p. 1. 1 J. Ilyiii:.' . e.and increasiil letter of whieli I nuuh eoiilereiKT ■Hsion to the ivew katioii. They ha.l seventy-live men ihcy hiiil shijiiifil il likewisi! aiijilifl all ot Ahieh hiul ,1 erew there, ami ice to the j^eiuTil tlie Hhipinenl oi i is, I think, wniu': yn tie VHiiys thai iivaU', 1 thounlii led that lonehisii'ii yMra."—Thi ndiw i,. ng. tinrtn? nearly iiincil only u V' ry 8umi' I'vciiing. H!(l lUTinissioii to ri\i circvimstancis Ik, lu'o set IbrUi in ,„;„,./i./../7. Ifl*'*. '•isit loihemi islaliih (irii'i arrived at tlu' il and imk periniHsicii , si.|i|ilieH "I- iMial hii'l ,M,Uld not ImI IHWHihi.' , ,K,ii. I Iheii piv n hiiui-s, exoluHive -I \, Coinmander M>irn ,.1 „eee««>r>' llliuli' '" ;,, Viei'-Admind ^n I, l.iil ..llin'd to Mill ei'SKiry t'mniiiaiiilii vnif nei'i'H'Uiry '" i"'' the l''la« LiMuteimiii, ,l,d oil llie vesiel vlilih, at !«"■ »" "•' "" liU«>i lor thu'v diiVK, '1 HleHiii. h'tt «il>'lt" "'"' la unmanageable with her screw up in bad weather, and her defects aloft (cross-trees) render main top- mast unsafe. This could he made good in two days.' " I consulte 1 personally with Sir James Hope, and gave Commandev Morris permission to remain five working days in St. George's to complete the repaire. 1 also furriished Commander Morris with i)rinted extracts of some portion of tlie Circular despatch. I'mtod tiie 16th July, 1863, infomiing him of the rei'ulations xmdei' wliich alone he could he allov.ed to take in coal. He asserted that Mobile was the first Confederati; j)ort he expecteil to visit and reports that he took in about eighty tons of coal. The live working dfiys expired on the 27tii .June, and the Florida (|uitted St. George's Harbour on that (lay, hut was seen oH' the island on the following day and also ou the morning of t* u 29th. I had the advantage of the advice of Sir James Hope until he quitted Bermuda in the Duncan for Halifax, and our views were completely in accord. During this visit the conduct and demeanour of Commander Morri-i w(!re all that 1 could wish, and he apjiearcd very desirous to avoid the least inl'ringement of the iu.structions laid down in Her Majesty's Proclamation. Since that time, however, 1 cannot think Com- mander Alori'is has beha\'ed ([uitc |)roperly. On the 28th .lune the Florida was seen off the islands aU (lav, I'.iid also on the morning of the 2'Jth. Again she was signalled off the south side on the 2nd July, abmil I'M am, and on the aftenioon, about 4 P.M. I received a veiljal message to say that two men, .sajiposnl to lui deserters, had l)een found on lioard, anil requested that I would send some persons ofl'to iiiciitify them in a Kteani-tug that «as going off to visit the Florida. The departure of this tug was delayed until after siin,iel, and the Kort Adjutant then pereeived that she was going to tow out a barge Cull of coal. Tlvis otiicer immediately told Mr. Black, who is temporarily acting as agent for the Con- federate States, that lie ought not !.o take out coal without the tiovernor's pennission. Mr. Black then .sent nu' a note, o! uliich f inclose a copy, asking tor permission to take out fifteen tons of coal to the Florida in eoiiseqiience of her having returned to Bermuda for the purpose of bringing hack the two deserters. To this I ininadiately leplied that 1 couhl not sanction any further issue of coal. The Fort Adjnlr.iil was juesent when my leiter was delivered to Mr. Black, and at that moment the tug-steamer started off to the Florida with the harge i:i tow. Mr. Black stated that she had gone without his orders, and thhl he would iolhnv her in a gig. This he did, and 1 am informed that aliout half the coals had been ali-eady taken on board before Mr. Black had arrived m '.he gig, am! the remainder was brought liaek. The dii.serter hehmgiiig tti the Royal Engineers was jdaced ou board and handed over. It will lie observeil in Mr Black'.s note that hestaU^d the deserters were discovered in twonty-fotir hours. The Fiovida remaiiieil in sight for at least thirty-six hours after her departure, and the deserter was not landed for five days. " CiMiimaader Morris never applied tome for jiermission to take the coal, I suppose, being fully awari! that the CiiiMilar (hM]iatcli of the Ititli Julv. I8(i;!, prohihiled coal being supjdied to vessels such lis iiis, wliici. ' had consiimed their fuel in criiiziiig ' as he had done in sight of these islands. •' Mr Black, who belongs to (he Soutlierii Slates, state's that he sent the coal at the request of Coiiimaniler Morris. The Florida then iiiiUUMliately left the islands, and has not since been seen. ■ 1 beg to annex a copy of a |)rinted extract from the t'ircular desjiatch of the Kith July, 1863, which I forwarded to < ommandei Mor.'is " I have, &c. (Signed) "William Munko." With rt'ferettce to thete ftircunistances the followina; v;'»rreBporidei)cc passed between Mr. AdamH and Eurl Rutiaeil : — * Mr. Adam* to XnrI Sum^. ' itf \a>x\\, " h(fiiJte for hoatile i';«imtion» against the eommerce of n I'nendly iiaiion. 1 have the h .iiour to nubmit to your coiisidenition tic copy of an extract Irom a Itepoii ol Mr Allen, Coimnl of the (tilted Stales at thai pltvc, u, the Secretary of Slate, in which he III, lies (erlaiii Ml«tenieiits respecting tiie ri'Cinjtion theii' of tlie /uil-Uiai known under the name of the Klornlii, and litr suhseijueiil iiris^s dings, wliieli appear to b*- directly in violation of the ivgnlatioiw lu'it'toliiiv laid down hy Hei Majeslv'?' ' iiivemiuent I beg permissinn lo reuiind your i,.>rdsliip of the reiiioiisdiinecH which wii-c proiniitly iiinde a short lime since, in the lasi' of one of the vessels of the i'iilt/<'d SiHlen, for proceediimM ot a l\li lens exi'eptioliable character. "Not dmibtitig the diMpositioii ol Hi'r MajeHty's Governiiioiil to do full jurtiee in the prumisoH, 1 (imv, *e. (Signed) "C'iiAi(LF,« Francis Aiumr." InclosuM, Mi: AUtn »<> Mr. StuHird. Mir, " TiiiW i^atf*' Cuiwdalr at firnnudii, Juiif :)i\ I8G4, "The Floiidrt. after Mimiiiiiig in port ntno day.'*, went to sea last Monday evening, but litu» not lueii far licni land She is in sighi to day Iroiii ih,. hills, iiIkuiI six miles oil. She bourds all NesseU PartV. The Florida. |, 18y tlu^ Commander of the Florida to evade the s(vinf,'en<'y of Her Maj'-tv's Ke^'iilations, the most connnendulile strictness and diJittence in eniorcii.i,' those J?ef,'ulatioiiH w, ■ uliserveil on the imrt of the authorities, and that no substantial deviation, either from tlic letter m- ,mm the 8|)irit of those Kegulations was permitt.'d to, or did, take jilace. "1 have further the hiinoMr li> inform yiai that Her Majesty's (Jovernnu'iit consider that the conduct of the Lieutenant-Governor of Hernnula on the occasion in question was perfectly proper. " I am, i^c. (Signed) " IttssKLL." On or nl o',!^ the Sth Octoi)pr, 1864, the Floriria entered the port of Bahia. On this occasion tlie ibiloftiiif; corrcspoiult-nco pasced l)etween the United States' Consul at tliut place and the President of tlic Province of Uahia ; — • Tli> ruiMI .^'fili.'i' Ciiii.tiil li> III,- rn-iii/dit iif Ihf I'l-nriiiiY. "To his Kxiellciicy Antonio .luai|uini i > >ih!i (Joine.s, President of the I'rovince of Bahia. " Ctiiutuhttf uf the f'luUd Stuti.'i nf America, Bahin, "bir, ' "Oiii'hr "., 18(i4, i) A.M. "This miirnin)( a sleanu'r anchoivd in this jiorl bearing' llu' tjaj; adopted liy tliose «ho are iuvolvec.1 in the relxdlinn ajjainst the lii' ■rmneiit of liie I'nited States of America, and I am informed that llir said vcrtstd is the' Flurida, whi'b i,-. cngatied in eiiptininf,' \essels navi;iatinn under the Hag of t!ie I'niteil States of Auierici, an|•s (im N"rlli .\lileiieii ill, "elolier last, ll, I '•eloligiiig Id (he ml iliciioii d| ihi. i;iii|,r "'hi till. 4ih (I • 'T .soliie davi ihef I'omiaaiider 1,1 i||,i Hid Id repair Sdine • lUttttcUfJ ftum the " \Vur\i" .Vtiieii«aii jourual) of l»«.'iialx-r J, ISOI. ■ , ApiwnUi*, vol. i, p. I )•; ) «'-«y^tj»er r., 18'i4. it Bermuda, ^ on tlie same ■luliou of till' uuiilcr of the sliiotness and 1, iitid lliat no tsvmitted U), 01 ,si-l"li xrl, liol ivct'i\e nil «ilh iIk' Aliil'ioH.i cIcMtlovillK VI -el- if I he Kiniiire. m ii 1 iillieelM Mild I !■» I lliii'il and .•■ il' Hie III tc. llle ('oilli'd"l;ll , nil llie ilMHiiliUin (•inirel iiy T5 hv hir.nauity luay bt> furnished her, which doun in im wise conKtiiut- aHsistiii .eu f.iv warlike nurnosea as laid down by international law, and does not coutlict w'th thai ivmjuivIkv wh.ch rovernnient studiously seeks to .ir'-ierve ,;,ud has always ""servi d. ii ll. coiil^st^ netx/een liie S cf North AineriiT.. Die liiiLi-sigucd r,.:.not, thjref >'.:>, adnut 'lo fiv.sD r'"'ti..n cf tht .•laiiii of wtiich thio States f tuu Conuil ill the <;Oiiiral manner '11 whicii it 'vius pr' ^iutcd, and pavtipi.' -'ly iu •oln'lon >>, tlioui niLicles cousida'ieu .is contraband of war, in eonfori. ity with instructions issued on l.lint 'ju(ij 1 1, liy thu iiu|iiirial (Rovernnient, and aceordinj' to which tlie sa I vessel will only he pcriinttcd tfr ■ la.iin in LdiN jiort I'ov the leii"th of time absolutely indispensable. " fii ivard to the second part of his Note, it i" my duty to ob.sev\ e ) I- .r," fiillv estilbli^■hed that the Florida had previously violated nencralit' s ■iireelv authorize us to refuse her perniissiju to enter tlu ports of tli>!EiU(, to commit the acts required by the Consul, which would 1 e eipiivaleul the intervention of the sujireme Govermneut of the State, wliich is alone ce ' ■ <.uUi';;' that, even if it ■!3]) (. pr<,;!n.."',infi; wmild u;vl vso du never wanaut I L ;»'!;■, ruptu'e, without diii.t lO aiitliorize sudi a nipture. To Mr. Thomas F '• 1 renew, &c. (Signed) "Antonio .Io.vijui.m i>.\ (suaa (Jomes. Wilson, (Consul of the United States." J?efoi'e (lawn on the morning of the 7th October, 1864, the Florida was surprised and captured in the port of Bahia by the United States' war-steamer Wachusett, and vas carried as a prize to the United States. Shortly after her arrival she sank in Chesapeake Hay, in consequence, as was afiirincd, of having sprunjr a k-ak during her v'ovai^c and of having been injured whilst at anchor by a United States' transport-stoatner. The Goverinnent of Brazil i)rotested immediately, in strong terin,j, against this violation of its sovereignty and of the neutrality of the port ; and the United States' Minister at Rio declared, in reply, that the capture of the Florida had not been directed or authorized by himself, ci .demncd tlio act of the Captain of the Wachusett, and promised that reparation should be made. Mr. Seward, on learning what had ocourreil, wrote as follows to the United States' Minister at Rio : — * Afr. t^wiifd to Mi: dWii. 'Sir, " Dfjmiiuifttf 'nl!imanee oi measures so iiiinrious to the United States v.'oiild somicr or liil"i' idled 'lie liarniiaiious rein! ions In'ietofure exist' lii'lweeii the tuo coiiiiiries. We have just now lienrd of the capture ol the Florid'i ' \ the W.ie';. ,«'tt, at lliiiiia lonseinient hostilities adopted by the Itra/iliiiii fnrces in ' "^ ' ilifoniialioii of the circiiiiislaiices which |ii-ece(lcd the cnHis Iransiietion itself is incomplete. W the sanii' time, we ii iinoln! \' without kiinw I , (iri'cspondeiice thai it may liiivc elieited Ix'lween yiairseii' i ' , .c Ihi.z'li.in ( loveinnii til. ' In tliis sta^e of the niatler the {'resident thinks it \\\' , , that you slioiild inlovtn ilie Minist' i nf Foii'ij;ii Alfairs that we are mil indisposed in ■ \iimjiie tln' -'i' i.ct 'ip'ai its iiierjl • cnii'dilly, and to rniisi'ler whaiever i|uestions may arise out of ii. in a iK'comiii;4 ii:,'i fri'iidly spirit, if iliiit spirit uliall !»• iid'ipleil liv llii Imiii'iTil Majesty's (hiveriiinent. " 1 : :u. v4e. (Si^UOd) \VlllMM II '^KWMIH." ,ind tillR the t port; lalt we liiivc no particular \ n'lil ot" informiitiiih loiiccrning IhH nv i.r With reference to tliia ocenrrcnce, the following corrospondencc passed between the Bra/ilian Minister at Washington and the Uiiiied States" Secretary of State : — t " litijf nil! ln'ipiliini III lirmil, HiinlniU/tKn . rnmslation.'i " Ai'.wi/x/' I'J. iHii.J " The UialiTsiniied. I'liarne d'.Mhures <('/ iiilmtr of His M,iii-Hly lie laiipcroi of Hia/il, li;is jn--! ive<'ived o^lrl•H Ironi Ins ( lovei'iiiiiciit to nddii'ss liiiiiscif, without iti'liiy, to that o| ilie United .Htaten of Noiih .\inericii ulxait an net of the most iiiiiiseendant ;;i'iivit\ done ou the nioniiii;.' of ilie V'li day of (ictolK'r last, ill the port of the ciiiiital of the I'ihimic ■ of jtiiJii.i. by the WiU-«te«liiei Wacliiisi'tt, lieluiiniiDi to the iiavv of llai Union, an act wliich iiivol.i t .i iiiiiiilesi \io|iiliiiii of lim li-nilorial jiirin- liii'iion of the F.mpiiv. and an olfeiiM' to its lionoiir and sicereigniy "(tn tlie 4lli dav ot the nionili leterred to. there entcrcil thai (hmI, where alitmlv Imd U'« I I'' ) Ayptrudii, vnl. i, p. 163, t Ibid.. t>. I6 his .inchorage. The Commiiiider of th.' iiniziliaii division nien lii.Mi.'ht prm,, , to lutity Ins inlmiation by tiring a gun, ii|.on winch a eoniplete silence followed briween Ihe^two slim Wachiiselt ami I'lmidii. ' ^ "At the tiiiii. this was pitssing, the corvette I). .Faniiniia. on bnaid uhidi tl,,. Commander (rl Division had ho.st..d his Hug, lay head lo Ho(mI, the .steamer Khuida amhoivd It.ll., sid,. by si,|,. ,,f b,.,- anil qiiite close to |li|. shoiv, and belwreii her and the ior\eHe tin- WachUsi'tt s|,,|,pi.,| horw |i,,.|.s "The Commander of nivisimi then oliseiving— iiotwilhsliimling the diiiknes.s of ibe iii.dil "tlrii the WVhusi'K. from the jiosilion in which she was, kepi moving oiiwanl and was |)ii.s-,iii.."dii.iii| i,| the corvelte, III ii c,,„,si. K R, IH'. aiiie convMiccd thai, in liul. she was steering fi.r her aiic||?.p eoinplying with tlie jiromise made. • Ihil a f.'W nK'nieiiU afterwaixls, perceiving iliat ili- I'Laidu was in motinn disc overed that llie Wiuhuseil was t.iliiii;: Ihm- ntl in low l.y nieiins i.f u long cubic. ".Sill prised at Hiich an e.xtraoniinarv miempt, the Commaiider iiiiiiiei|ii,|,|v set aboiil .sloiii.iiiL' ihi Biid ivdre.s.siug, „t the .same lime. .IS helMvci luni, the ulfcm,. thus .!„.,.. lo the dignilv and Ji ceiunu ot the Kiiipiic "" ' lint a^.ldillL; hiii.sclf ,,t iIh. durkn. vs n| tlic niglil. ami Ab W'achiisell Hill r,...,||.,| in ciiir»iiig r-iil. iragc, tliii- the ( 'iiiiimaiiild lis prize over I he ot oilier I iiviim.Ml.iiiceH, ilir (011111111111111 ..( bi.r. and escaping (he jiihi piinisliment lie achiisiK, cnl. iiddressed I. e\pi.sition of Ii "The Consul, Wilson, pivfernsi l« (i!,tiid..ii his pos(. wilhdrimiiig on l„,aii| |], . \\ 'The tioveriimeiil o( His Mn|i'slv. as HiNin lu* it Imd ollieial inloriiaiion of I le m the Ug|«li"U xt III. I iiKeil ,St.,(es ,ii bv. .laneip, 1. in >vhich, giving 1, smv.ncl e,,„„.i.„„ ,„ ,„„ fH.t, I .lislanxl liw! 11 bad no liesilalion in ImImmiu; it would |ii,st*.t. (.. j.ive 1., ii ail pri.iier imsumm flial the (. .vernmenl ol llie Cnlon WouM :i((eml to the pisl ivcl;„nal|..|| of the Kinpir,. lU. Vromntlv ai„l fllllv H.S the ifPilVIIV o( the CI,. demrtlllhHJ ' "'l'".» a'i'l " In c.,in'Sj.onden.c «|||, .In-, evpeciadu. iiol- the «oitl,v l!en,vseii(iitive of (he rni|^,| .StiK,,. » ,w |.h.mpl ,„ semlin, his lepK ,n whld, lie .leehl.^ he ,s ,..*,„, ed lIlHt his ( ii-M-nilnenl will mx Hi.il o( the Knipitx. I hi' ivpan n wh. h is due 1.. ii. ** W '^Ti'' »■'.!'"' '".'.'^ '" "' '' "" '''"'••"'«"••'< •'"••* r-'eeiM-d onier ail all the aiienlio " ",'^''''>' "dhain II SewwH. S,..-., urv ol .SiHie ..f (he InifHl SMle- .' "" l"'neip|es ol inicrnalmnrd Inw whic): nnuiiile lhi> iniui.ir, and in rt^ime, .,( whiW, tk.,, loi he I. as ihvejv'cnce anio,,,. ||„. „„., diHMn,/UMh..d puliliemm, lUT ,m..,. ...d known i, I n. |ers,i;Med Wieihl tail (.. !ee.«n,«. ( |m. hi^h mleijigence of (|,e || ,unii le \: -^ewanl il lie Nlioiild ..„ier ,n (his ieH|«.el iii(„ |ii||Hr devei..(.men(s " Heltimidlum.wtlf tJien.inlv I" n-e;i|| ■ nurablc ...\ni„ „. m «lii ■ ,,„ ,. II ■( liic i»'i^h» I. sustained I President ( I'Embuscad territorial s against this diate delive This reclam the provinci which prece " The ( Empire, pass whose crew, several offici Empire guar American pr Collins. " On tin in history by Underaigned the Cominani consequently which, in coni relations with " The jus the reply oi' tl of the (.iovcrni satisfactiny as was done to it, " The Unc • His ExcelleiH ■^ r'urmr-^ ^^si. w tern o yjolation'aud^required from the Government of tlie French Republic not only the imme- agaius „ , captured vessel, but also the complete liberation of all the persons found on boai-d. Th' •eclamatiou was promptly satisfied. Much more grave, certainly, is the occurrence in the port of ti m'ovince of Bahia, wliich makes the subject of the present note. By the special circumstances . v;^], preceded and attended it, this act has no parallel in tlie annals of modern maritime war. " The Commander of the Wachusett not only gravely offended the territorial immunities of the T)assin" beyond the laws of war by attacking treacherously, during the night, a defenceless shij), 'l"^e crew much reduced, because more tlian sixty men were on shore with the Commander and " veral officers, reposed unwary Vieneath the shadow of the protection which the neutrality of the V Dire Buavanteed to them ; and so open was the violation, so manifest the offence, that the enlightened A ' pricon press was almost unanimous in condemnation of the inexcusable proceeding of Commander " On this occasion, remembering the United States, whose antecedents are well known and noted ■ history by the energetic defence of and respect for neutral rights, of these unshaken principles, the TTndersifincd cannot consider the event which occurred at Bahia otherwise than as the individual act of the Commander of the Wacliusett, not authorized or approved by his Government, and that it will consequontlv give to the Government of His Majesty the Emperor the explanations and reparation which in conformity with international laws, are due to a Power which maintains friendly and pacific relations with the United States. " Tlie just r(!clainatioii of the Imperial Government being thus presented, tlie Undersigned awaits the reiilv of the Honourable Mr. Seward, and, fully confiding in his exalted widom, and in the justice of the Government of the United States, he has not oven for a moment doubted liut that it will be as satisfactory as the incontestable right which aids the Empire, and the vast gravity of the offence which WHS done to it, may require. " The Undursii>ned, &c, (Signed) " Ignacio de Atollak Barboza da Silva. ■• His Excellency the Hon. William H. Seward." Party. =,.=fo;^oH bv the United States, had entire application. In 1793, the gi'eat Washington then being -— Tbe Florida. Mr. Si-wnrd to Mr. Barboza. till' ( 'iiiiiniaiidi' 111' iH;i«ntioii •»' 1 1 1. t^j,. " Ikparlmint of Stah, Washinijton, Decemhiyr 20, 1864. " 1 hiivi' till' honour to acknowledge the receipt of your note, which .sets forth the sentiments of the Iin]HMiid Govemnient of Brazil concerning the luptniv of the Florida by the I'nited States' war- stcimii'v Witrhus'lt in the \vlain to your (iovernincnt thai, owing lo an understanding between you mid iiivself, yoin note, iillhougli il hears the iliitc of the 12th December, was not fuVimitted to me until (he liLsl iintiiiU. ", I call msv of foreign intervention in every form, and iilisiilute mni-intervention in the domestic Hti'iiirs .if fiiieigii nations, nri' cardinal iirinciplcs in the ))oliry of the United States. You, have, there- foiv, iustly expectid that the I'ri'sidciit homIiI disaMiw and regret the jiroci'ediiiirM at liahia. He will suMPciid Cuptain Collins, mul dirert him to appear before a court-miirtial. The Ciitisul at l'>ahia adiuits thai ln' advised and incited the ciiptaiii, and was active in llie |iriii'iTilings. lie will therefove be disnii.H.scil. The (lag nl Biiizil will receive from llic United Siates' Navy the lionnur custoniiiry in the iiitercoume of fi'i'n.'ly iiiuiitiMie Powers. " It i.-*, however, not to be uiiderstond that this (iovi'iniiu'iit admits nr gives credit to the charges of falHehoiKl, li-cachery, and dcrc]ition wliicli ynii have bniu^'ht against the captain ami the Consul. These clmi'ges ar»' denied on tW anthority of tin' ndicirs iieciised. "You will aNo U' pleH.se(l to nmlei'sland that the answer now given tn ymn ie)iicsentalion ivsts I'XchiHivelv upon the ground that the captuiv of the Florida wits an unauthorized, unlawful, mid liiilcl'i'nsible I xerrise of the naval force nf the I'nited Stutes within a lureiiiM cimntry, in detiancc .1 its 1 slahlislicd and didv iiMugni/.i'd Govcniminl. "This (ioveinnieiit disallows y.iurassum|ilinii that the insmgents of ihis . nnnliy ai-ea lawful naval U'lliKcriiil ; and, on the contrary, it niaintaiiis that the asciiptimi of that chisnicter by the (iovernmenl of Umzil til insurgent citizens i.i' tin' I'liited Stales, wiio have hitherto lieeii, suid who still arc, destitute (if naval fwees, liorts, and CiiurtH m act of inlerveiition. in derogation of the law of nations, mul nnfriendlT and wi'ongful, as it is WMuifestly injurions, to the Iniled Slati's. " Sii, alwi, this tiovcrnnieiit diHidlnwH your assumption that the Florida lielotuyd in the atore- numtuwed iiasiirgents, and maintains, u\\ the contmry, that that vessel, like tlie Ahtimim. wa.'^ a pirate, belonging tn nil nation or lawful U'lligen-nt, and theii'loi-e that the harbmirilig and "w^iplytng of these piroticid shi|is and their crews in Hni/.ilian jiorts were wmngs and injuries for which Kiiu-il pinlly iiwe« nipnnititm to the I'nited Slates, as ample us the repnrntioii which she now receives from fbf-ni. They liiipe, luul contidently expi'ct, this ivcipiocitv in good time, tn ri'store the Imrmony and triHiidHliip which are so emHcntiii! to the well iic and safety of the two countries ■ In the |««iiinns which I have thiis nssnmed, tin- Imperial Government will ri'mgniwaiiiullu'reiicu t^) ngllt-s whii'h have Iwen constantly asserted, and ii eiidnriiig wnse of injuries vSmcIi have lieeii the •.abject 111 iniisi irnionsimnci' by the United Stairs iliinii;; the last three years Tlii- ( inveniineni of Itm/.il is again iiilorined that these positions of this (;overiiment are no VmvtMX domed opvii to uruuinent. " it docs not, however, heloiig to the cuptftins ot ihips ut war of the Unil«d '^>^AUm, w to tiit! PtetV. The Florid*. 78 uommandere of their ai-mies, or to their Consuls residing in foreign ports, acting without the authority of Congress, and without even Executive direction, iind choosing their own time, luiuiiier, iiud occiisiou to assert the rights antl redress the wi-ongs of the comitry. This power can l)e hiwfully exercised only by the Government of the United States, As u member of the fannly of nations, the I'luted States' practise order, not anarchv, as they always jjiefer hl\^•i■uI inocecdiiigs to aj,'gressi\e viuleiicc or retalia- tion. The United States lire happV in Ijciiig able to belie\ci tlial I'-razil entertains the same sentiments The authorities at Hahia are iiii'derstodd to have iiiisuccessfiilly emiilnyeil force to overcome the Wachusett and rescue the Florida, anil to have continued ihe chase of the (jll'eiider beyond tlie waters of Brazil, out niioii the higli seas. Thus, in the affair at I'laliia, sulKiiiliiiiile agents, without Uiu knowledge of tlieu- respective tiovernments, mutually iiiaiigunited an unauthorized, irregular, and unlawfid war. In desisting iiuni that war on her part, and in api)ealiiig lu thi.s (Miverumeiit for redress, Brazil rightly appreciated the character of t)u' United States, and set an example worthy of emidation. " The disposition of the captured crew of the Florida i.s determined upon the principles winch 1 have laid down. jVltliough the crew are enemies of the United Stales, and, as they contend, enemies of the human race, vet tlie olfeiiders were, nevertheless, unlawfully brouglit into the custody of this Government, and therefore they coidd not lawfully be subjected here to the punishnient which they have deserved. Ni>r could they, being enemies, lie allowed to enjoy the protection of the United Stales. They wdJ, therefore, be set at liberty, to seek a refuge wheresoever ihcy may tiiid it, with the hazard of recapture i\heii beyond the juiisdictioii tif this (ioverninent. "The Fhu'ida was ln-ouglil into American watei-s, and wos anchored, under naval surveinance and prote'^Mon, at Hampton Roads. While awaiting the repieseiitalioii of the Ihiiziliaii (uiveiiimeiit, on the 28th J^ovemlHT, she sunk, owing lo a leak wliicli couli! iml lie seasmiably sloii[ieil. The leak was at first represented to have been caused, or at leasl ini.rea.sed, by a coUisidii witii a war trans]ioil. Orders were immediately given to a.scertain llie manner and ciivumslaiices nf llie occuiTeiice. ll seemed lo afl'ect the army and the iia\y A Naval Court of lm(uiiy and also a Military Court nf Iiniuiiy wen- charged with the investigation. Th.; Naval Court lias .siibmitled its lieporl, ami a ccipy thereof is herewith commi.Miicated. The .Alililarv Ciairt is yel engaged. So sdun as its laliours siiall have ended, the result will lie made known to ynur (iovernmeiit. I;i tlie nieantiiiie ll is a.ssumed that tlie loss i if the FToridii was a conseiiueiice of some unfoieseeii accident, which cast no responsibility u|)oii the United States. " I avail, i.<:c. (Signed) " Wilu.vm II. Skwauu.* "Senhor Igmicio de Avellar Bnrboza ila Silva, Sic." It has been .'■tatcd above that tlic crew of tin; Florida were shipped priiu:ipally at Mobile. Kcpreseiitations liaving been utade lo Her .Maje.'ity's (Joverninent to the eH'cct that some of the men who served in her weiv British subjects, the Law Otficers of the Crown were consulted on tlie (iiicstion whether proceedings could be instituted against these persons for an infringement of the Foreign Eidistsnent Act, The Law OlHeers advised as follows : — f " We do not think that Hurticient evidence has yet been nliiaiiad to wairaiu tbi' iMslitulioii ot pjticeedings against any of these seanieii. " If it were shown that their enlistment mi Imaid tlie Florida had t.ikeii jilace in Fnglaiid, or witliin British jiiiisdiilion, they might jieihaps have been |iivsiiiiied to lie naliirallMnn Ihitish subjecis, owing obedience at that time to Mritisli law : so far, at all events, as to make sli','lit evidence, in coii- linnation of that |iiesumptioii. siillicieiit. " Next it apjieais, by the louitli coliinin ol the list anne.M-d lo Tlioijison's Mrs( .illiilavit, lliat, ^vitll two e.xceplions only, all IJK'se men took service on boai'd the Florida beyond the limits of l!rili>li jurisdiction, and by far the greater number of iheiu at Mobile, within the territory of liu; Conledeiuli' Stales. With respect to the t«o, I)eiiiiis Sulliviin and Cli.irles Ballinger, who are alleged, the one to have enlisted at Nassau, and the other to have Ih-cii shipped at the (irsl 'which \\r suppose means when the ship (irsl saih'd tiom FiiL;land'l, no evidence whatever has yet lieeii obiaiiiid in sii|,|iort ot either of these iiile;.'alion'^. " III the lormer l.'epoii oriij,. |jiw Oltii'.rs upon this subject, it was noticed that the lirst section ol the Foreign Klilistmeiil .Act, "Inch prohibit the- elili-tmeiit of liiilisli subjects in ihe belligerent servici' of any foreign I'ower, is not limited (as ihi 7lli section as to e,|uippiii}.' vessels is) to ails done within British luiisdictioii ; but tiiat it seems to lie intended lo apply, and is in its litc.ral leriiis a|ipliriible, to all Matiiral-born lirilish siibjecls who iiiiiv i iilei into the serv ice of any foreign l«'llio|.rent Cower vvitlinnl Her Majesty's license, wheiiwievir the |irohibited act iiiiy be done. .V.ssuming this to lie the cou- Htruction and illect of the stutute, ,\(. iip|ireliend thai it would be iinpo>-ible to procure n convietion under it, in the eii.se of peisniis who weif not resident within lirilish jiirisdirtion at the liine of theii Uiking foreign service, without .strict jiniof that smli jmm-soii weiv in fact, al the lime of ilieir doing so. ijBluiiii-lKtni Hriti.sh siibjei iB, owiii^ evcliisive oU'dience, wherever they might be, to the Statute Liw of Great Hrilaiii . and we think il is at least very doubtliil whether lho.se sections of the statute woiiM U- Jield to be applicable to .my pi'issoiis who were naliiralizei-l, or even doiniiiled, at the lime of (heii i«kiu({ nmh iwrvie.e. within llie Icrrilory of the belUgerenI I'ower in wiiose serviee ihey enlisted. • IbM» two l»tt«T«, nn well n* ihr pr^«(|iD|| one. arc cxtni'"ted from I ho " Dailv Morninii (!hroiiiolc ' (Amfrican iminial). of .lUi lieciiibtr, istil. t Appendii, vuJ, i, p. 1 14. 79 " I3eariii" these considemtions in niinil, we turn to the original depositions of Thompson and MUller, 1 we fiiwl in the former no evidence whatever hearing upon the essential question of the nationality 1 iri"in of nnj' of these seamen ; while tlie statements of the latter, as to seventeen of the thirty-three nersons^who are descrihed as of British origin in the second column of the lists, depend upon admissions OT inferences of so loose a cliaracter that wo do not think any reliance ought to he placed upon them. S ) fir as they rest only on the deponent's belief, they are inadniissilJe : so far as they prove that certain individuula assocciated on hoard tlio sliip as Irishmen, and sung Irish songs, &c., they are insufficient ; and wu think it would he unsafe to trust to the statements of this witness as to the admissions said to have Iwcn made by some of the parties (as we count them, by seven only, viz., Considine, Conway, Doris AfcXevin, McCnbe, Mcflarroeh, and Welch), to the effect that Ireland was their home, their country, or the place of residence of their parents. Every one of these seven persons, it is to be rememli'ured, joined the Florida, according to the lists, at Mobile ; and it may serve as some test of Ihe value ol this kind of evidence, tliat the same witness makes very similar statements as to four other seimi'ii (Tavlor, Itivers, Grover, and King), with a view to prove them to he either Englishmen or Irishuicn, although they are descrihed as native Americans in the second column of the list referred to in liis own affidavit. " Tiic oi)inion which we had formed, as above expressed, upon the perusal of the original depositions of Thniiitisnn and Miillor is strongly confirmed liy the subsequent affidavit of Thompson, who in that ntlidnvii speaks of admissions made to liim h\ eighteen of these seamen, to the eflect that they were lioni ill li'cland, Scotland, or England ; and liy si.x others, to the effect citlier that they were Irishmen, or tliut Ireland or Liverpool was their home. " But ol' these twenty-four persons there are only seven on whose history any further light is tlirown by tlicse depositions, and every one (>f these seven appears to have emigrated from Great Britain or [rolaiid to the United States jirevioiis to the existing civil war, under circum.stances from which it is priiiul ftic'c to lie infeired tliat, at the time when ho took service on board the Honda, he v.Tio either a naturalized or a domicileil Anunican. Some of theiu ajipear to ]ia\e resided for many years in the I'niti'il States ; and two (( lood and Doris) are expres.sly stated to have acquired the rights of citizens there, and to have xHed at i'rcsidential and other elections. With respect to tlie rest of Uie crew there is iKithiiig wluitevci 10 show that they may not have enlisted under similar circumstances. '■ As to all jieisons so .situated, we think tliat it would lie a reasonable construction of the Foreign Rnlistmeut Art to hold tliat. although they are natural-born sidiject.s of Her JIajesty, the word 'foreign,' which ]iervade.s the tiist section of the .statute, is not, a.s rcganis them, a]iplicable to the service into which tlioy have entered. And even assuming that this construction might not be admitted, we think tliiit it would not be a jiropt" exercise of discretion on the part of the Crown to attempt to put the statute in force, so far as lelates to acts done by persons so situated beyond the limits of British juris- (lict'iin, and w illiin the territoiy in which such persons may have been naturalized or domiciled. (Signed) "IiofxiiELL Palmer. "R. P. COIXIER. " Li, I ml n' a fun. Octnhcr 2l), IStj.S." ?artY. The Florid*. institution o| irniiig Clironioh' ' Summary. The Florida was a vessel built at Liverpool by a firm of sliipbuilders tliere, to the order of another Liverpool tinn carrying ou an extensive business as engineers and iroiifouiuiurs. Site was stated to be ordered for and on account of a person resident at Liverpool, who was a partner in a niercuntiie house at Palenno, and upon the completion of tin- vosel thi.s person was duly rcfiistered as her owner, on liis own declaration. Her buil'ic.s stilted tliat, acx'ori'.in}^ to tlic best of their information, they believed her to be really destined for I'alenno. She was a vessel built for ^-peed, and her intei'iial fittings and arrangements were not such as are usual in vessels constructed to carry cargo, but were suitable to a ship of war. She was unarmed, however, and had on board no guns, carriages, anmiunition, or other warlike stores of any kind. No (acts wiiatever proving, or tending to prove, that she was intended to cruize or carry on war against the I'nited States were ever, before the departure of the ship, coniimmieated by Mr. Adams or Mr. Dudley to Her Majesty's Government. Mr. Adams alleged, indeed, that advances of money had been made to the firm vvliich ordered the vessel, and lo that which constnieted her, by the firm of Fraser, Trenholm, and Co., who were I'elievcd to have been engngt'd in blockade-running, and to be employed as agents for the (iovernment of the Confederate States ; but this assertion, whether material or not, was not substantiated in any way. These were all the facts respecting the vessel which hail been eommuiiicaled to or were in the possession of Her Majesty's Government previm.>. J^^^. '^^V .S ^ \\ O Part VI. The Alabama. 82 in nine or ten clays, A part of her powder canisters, which are to mimber 200, and which are of a new patent, made of cnjtper with screw tops, are on board tlie vessel ; the others are to l)e di!li\ero(l in a few days. No pains or expense have been s])ared in her construction. Her engines aie on the oscillating principle, and are .""O horse-power. She measures I'lfiO ions l)urthen, and will draw 11 fo(a of water when loaded. Hei screw or fan works in a solid bni frame casting, weighing near two tons, and is so constructed as to bi' lifted from tlie water by stettm-po\\\ will mn\e Commissiiineis if Her ]\lajesty's Treiisiiry to lause immediate in(|iiiiies to lie made re.s| vessel and to lake surli steps in the matter as iiiiiy be right mid proper " J am, &:i\ (Signed) ■K. II Mr. Ffiiiitiiiiniil Id Ihr Lmr Oflicirs i if I lie ('run ii. "(lentlemen, " Fnrdi/ii llj/ir, , Jmn- '2''. ISi!2. " I am dii-eeied by Karl liussell In ininsniil to you a letter from the I'niteil Stales' Miiiisirv nt (his Ccairt, railing allenlicai to a steamer reiiorted tn b' litting mil at r,ivei|Hicil as a Smilbeni p.ivaleer, and iiiiiiisiiig a ciipy iif a letter fnini tlie rniled Stales' Ciaisiil at that poll lepnitiiig tlie reMili uf bis iiivesti'.'iiticiiis into the matter; and I am to re([iiest that yiai will take lliese papers intci Miur eoiisiileniiion and favour l/ml liussell wiili any iiliservnliiins ymi may have to ninke upon this ipieslion. " I am. I've. (Signed; • V.. II ammoM)." Copies of Mr. .Ad.ims' Note and Mr. Dudley's Icttor wvw si'iit with csk Ii of the two prccedi' . "otters for till' iiiloiiimlioii of tiic LoriU ('(iiniiiissioi. i oi' the Tifnsury and the l..a ()tHc'ers lespeetivply Karl liussell, on the same diiy, wrote iis follows to Mr. Adams ; — t h'ii,l li'iitjull III Mr. Ailiniis. "Sir, " F'lniim iifiin. J II III o,-, |K(;2, " I have the honour to acknowledge the leeeipl of Miin letter iif the '.'.'trd llisliiiil. ealling iitlention to a steam-vessel wliieh you slate is ni'W tiiliiig-iait at l.iverpniil willi the iiiienlii>n nl eiiriviiig on liostililies iigailisl tlie (iiiverililieiil 111 the I'liiled .Sliilis ; Mini j Inixe In iii'i|liailil vtiii that I liaVe lo.«l »io time ill relening the matter in tlie pi-oiier liepiuimeiii of Her .Majesty's tioveriiinent. " I lllll, t^kC. (Siglii-d) " Ill'sMIII.I,." The I^uv Offieer.s of the Crown on the .')Oth .liine, 18(12, miuie their Meport ok follows : — X Till Liiir lliffir,i„i,/ llii Cniirii III Flirt /I'liimll. "My F.,iuu In tin. I ititlili nir-vfn(>i Iu ,il' t to ing thing access to the luiililing-ynnls of the that there has been no attenipl on the ,„•'.':., INC,2. cnrri illin;.' allenlioll Gov nl Cli|r\ III'.,' oil tl|c\ at 1 lia\c lofl leav Imvi Nrtt>s In iIh' rnllt'i'tMl" lit I III) I 1 " I| I , *^ IM ' '^ ' "II' I I IM'I th iiltiiuo, I Imve the hoiKHir to inclose ii cojiy of u Heport fnini llic Coniriiissiuncrs of Ciistonis, rcsiicctin,!,' Ilic vessel wliicli yon hiive been inforiiied is beinj,' built lit I.iviMiHKil fur the ( lovcrinni ill of the so-stylid Confedcinti' Stiitcs. mid in iiccordiince therewith I would lic" Iciive to siii,'f,'esl liiiil ym should iiistnul the I'liiled Stnles' Consul nt I,ivei]iool to submit to the Collector of Cusrmiis iit th;ii port such evidence iis he niiiy jiossess tendiii:,' to show tlint his susiiicions as to tlie destiniitioii of tiie vessel in (lucstiou lire well founded. "I am, &c. (Signed) "Kussell." Mr. Adams replied as follows : — * Mr. Adiims In Eiiiiiiii hi Mi. ,\diiiiis, ilio American Ministrr in Lnndiiii, I U"' lo In chirc Villi the inforiniitioii and ciiTunisI k iiHi-- u hiili have' runic to niy llip\\l('ili;i' lalivc to till' ''iin-bniit iiiiw bcili'' tilled oul bv Messrs. I.aird, iil liiikeiihead, fur tl le Confedeniles iif the ,'^oullicni Clliled Sliile>< of .\nieiicii, mid inh'iided In be used iis ii prixaleer iigaiiist the I'liilril Slati (111 my iinival, and laKiii;,' cliai^.e "f the Ciuisulalc at l,iM'r|Hi ill N'l lied so-eiilleil ( 'eill and Co., and i OlVio 1(1 be Wi (lie .\l 'lilij; ( 'nll^ edeiali • liii\ernn lie olii now III i| ell full ided ; she I" ■last. iiiv alteiition il ami by ollu r ]iei'soiis in two ;4;iin-).iials luin),' or to be lilled mil for the ilellt : the drelo. tilled mil by Ml, Miller mid Mes>l>. Fiiwcell, I'leslon, ilesliiui. Siibsei|iieiil eveiils fully prnxed ihe Mispieimi with le'^aiil to the ilemed frmn l.i\eipiin| in Manh liisl fnr ralermn ami .laiiiiiica. Inil Miiled iliivel fnr .N'lissaii, where she iinw is reeei\ iiiL,' her ailiiameiil a-, a pli\aler| Inl' the sn-ial|ei| ( 'nlifedeiate (inveiiiiiieiil ; and my atieiilinii wiis eiilhd repeal idly In llie ;^aii-l'nat iniilding liy .Mr, Laiid, \<\ varinii.s Jiei'soiis, wlin staled that she ulsn Was fnr a Cnlilediiale pri\ nicer, iilid was beiiii; biiill by the Messif<, «lil'd-i fnr lliat e.vpn ss pillpiiM'. "Ill Mav lust twii nilii'els nf llie SiiUllielll pl'ivaleel ,'^limler, 11. lined Cilddv Illld lieaill'nll, ]>llSNe(l thiiai'.di l,i\ei| I nil llieii' way In Ilavaiiiiah and Nassau, and while In ■re Kli lial II leie wns a guii- Imal laiildiiii; by .Mi. Laird, al llirkeiilicad, Inl the Smilhein Cnnleiiennx ; iiiid iiol Iniin after I hat n bneluaii eiiiplnycd iilmlit the vessel ill Mr, [„iild's yard stated llial she \\a< the sister nf the I 'rein, ninl inti'iideil Inl' the same ser\ iee, and when pie^Mil I'm' an e\planalinii, Initlii i slal*'d that she wa-- to lie ii |)ri\ii'eir Inr the Smilheiii ( InMinineiit in the riiiled ."slates. "When the \es, llllii nf I'lasel', Tlelilinlm, and Co. fwllii Hh' Well kllnwii as a;.'e|i|s fnr the Cnlil'cilelilte (lii\e|||liiei. I, AlldleW and Tlmnias Ihriie, and other |M'rsiiiiM, Well kimwii as haviiiL; U-eii for iiimiths miivelv engaged in sending niiinitiniiM nl war fnr ,said (inveinmeiit, w ere ph'senl, and lia\e iiciiiinpiiniid her mi her xaiimis tiiab, a.s they iiad acinmpMiiicd the Oi'ein nil her trill! trip Illld nil her dl'piirliire. " III <\pril last the .Sniiihi'in screw -steiuner Annie I 'liilds, which had inn I lie lihii'l-ndeniit of C|iiiilt>Ht. \Hi. Hammer, and li referred. " For some named Kobinsoi for the Southeri Julia Usher) wn iliillock was to I ,she was not to i was to mount c who were nn In; Orleans, was e.\l the comimiiiicttt lieen removcil tr Hamiiier rcferre em]iIoy, is great likely' to lie we Li veil" ml, ho wo the Samler. I )i the Coiil'.MJeiiite ', .sending over iiiui that lie lias lieci Oreto, and with I and .seems to lie i "A Mv. Ula has also staled tii his ajiprinal, altin " The iufnriii; out fnr the .so-call rnilcd .States, lin> ticalilc. I have g cases is ;,'ivcii to i raiinni sl.ile the n iiii|iiiry will cmilir " Fveiylliing she has a iiiimber )ilatforiiis already ; war vessel is nnl d .■ilated on the nnl !ie various vessel.' I'l'pnrted ill the |ia| " Seeing the - .■jjie was fnr tin • tain IVnin the S| tiial she was nnl ]', ell llial iiee,l«imi, " I am satislji "If ymi de ynil may recpiesi The .slalen \vi!s eri'oiu'ous. Nii.ssau. To tills Id ■' Sir, " I lice to ai iiiiiriiing', and to tlireclinii nf tin' I!, lliill I am re, peel fi nlljcei's nf this re' A copy 111' hy (lie (.'ullVclor froiii (lie Survcvt 85 TTo.,„nnv 111.1 haviii" on board several of the crew of the privateer Sumter, to which I have before — namiiiLi, aiivi o ™, . , , refeneil. l^iv some reason unknown tliis vessel canio back and is now liere. Since her retuni a youth li > wi'^ liot to make any attiunpt lo run the blofkade, l)ut would j,'o at once as a privateer; that she VIS ti) mount eleven ,1,'iins ; and that if llie Julia V.^her was not ^'oing, the six men from the Suiuter, wlio were on board the Jvdia Usher, were to join llie },'un-1ioat. This youth, beiiiif a native of New Orli'ins was extremely anxious to f,'et taken on board the fjun-boat, and wished the persons he made tlu' conimunicatiou to, to assist him and see Ca]itain I'uUock on Ids behalf, lie has, I luiderstand, lieen removed to a school in Loudon. With reference to his statement, I may observe, that Captain Hammer referred to is a Soiiih Caroliniin, has l)een for mauy years in Fraser, Trenholni, and Co.'s ivath' inisled by them, and is also intimate with Cajitain HuUock, so that he would be lit' well inliirmed on the sulijei.'t: and as he had no n.ition at that time of retuniini( to 'ic M(add have no hesitation in s|)eakin^' of the matter to his ollieers, and the peiscjiis from Hauuue ennilov, is likely' t tilt- Smntei'. I iiiay also stati! that ('a]itaiu ISulloek referred lo is in Liverpool, that he is an ollicer of the ('onh'ilerate Navy, that he was sent over here for the exjaess ])urpose of tiltin;,' out privateers and si'udiu" over unniitions of war ; that lie transacts his laisine.ss at the olliceof Fruser, Trenholm, ami Co. ; that lie has b.'en all the time in comnniuieatiou with Fawcett, Preston, and <'o., who fitted out the Oreto, and with Laird's, who are Tittin,!,' oiit this vessel ; that he goes almost daily on board the f,nin-bout, and .seems to be rccounized as in authority. "A Mr. lilair, of i'anidise Street, in this town, who fuvnished the cabins of the Diird {^un-bont, has also slati'd llinl all the iilliu^'.s and furniture were selected by Ca])tain liulloek, and were suliject to his aiiproxal, altlioULrb ]iaid Ibi' by Mr. Laird. '• Tlu^ infoiniatiiin on which I have formed an iiuiloubtin^; conviction that this vcsstd is bcin^' fitted lait for tlic -so-called Confederate (bivcnnue'it, and is intended to cruize ajjainsl the c(nnnierce of the I'uited Siati's, has i ome t" me from a variety of sources, ami I have detailed it to yiai as far as jirac- ticablc. I have given you the names of ]iersiuis making the slatements, lait as the iuformatjon in most cases is given to nw by persons out of friendly leeling to the I'nited Stales, an.l in strii't conlidence, 1 caiuiol slate the names of my iuformants, lait what I have staged i.s of such a character, that little inipiiry will coutirui its truth. " F.vcrylhing alxait the xessid shows hci' lo be a war vessel ; she has well constructed magazines ; she has a loMuber of canisters of a iK'culiar and cx])cnsive conslrnction for containing powder ; she has iilatforms already screwed to her decks for the recepticui of s\vi\el guns. Indeed, the fact that she is a war ve.s.sel is not denied by Messrs. Laird, but they say she is for the Spanish (iovernment. This ihey slated on the lird of .Vpril last, when (leneral I'urgoyne visited their yard. an^atislied beyond a l'"l()ri(la, us has hctii s'licady slniuu. did not receive any tiniiaiiicnt at Nassau. To this letter the C'oilcetor icpiied as follows ; — * Part VI. The Alabama. Till- CiiUiilii,- iif Ciisloiii.-t, /.ill I'jiiiiil, III till- I'liifiil Sfiifis' Cmiiiiil. "Sir, " /.iiiii'Kiil.Jiif!/ Ii>, lHi'>2. "I beg to aekiiowled';i> the receipt ol \oiir cominuniiat ions of yesterday's dale (leceived this laorning, and to aci|uaiiit yiai that I shall iminedialely subinil the same for the consideration and ilireelion of tlie I'loard of Ciistoiiis, under uhoni I ha\e the honour to ser\e. 1 may oliserve, howi'Ver, lliut I am respectfully of opinion the stali'inenl made by you is not such as could be acled upon by the ciMicei-s of this revenue, unless leoiiily sub4anliiited liy e\ Ideiiee. " I liiive, X'c. CSigiieiL "S. run i: KuwAiain." A copy of Mr. I)iidl(nitii(, vol. i, |i. lN(i, t Ibitl., p. IH.V Part VI. The Alabama. 86" Surveyor' a Report. « Sir^ " Simmjor's Office, July 10, 1802. " I beg to report that, agreeably with your directions, i have this day inspected the steiinier lying at the building-yard ol" tlie Messrs. 'L'linl at liirkcnliead, and lind that she is in thi! same state, as regaitls her arnianieut, as on tlie date of my fonner report. " She has no guns or carnages on board, nor are lier platf mus fitted to the de:-k. " Very respectfully, (Signed) " E. JloiiiiAN." The papers transmitted by the Collector as aforesaid were referred by the Commis- sioners of Cu; Captain niilloek iiieiilioned al)fjve was, in fact (as Her .Majesty's (loveniinent believes) an (iflieer and airiiit of the (ioveiiunent t<( the Confederate States, but Her .Majesty's (ioverninent had at that time no means of provm}^ him to be sui'li. (Jn the l.'2iid July, I8(il>. the Coinniissioneis of Custonm received from the Collector a^ Liverpool the followinn letter; — t " Honourable 6 "The Uiii the witnesses v Hououib' order out by ]\Jessrs. " The only himself as a sai " I shall h the shij) apjjears " r.S.— Not been placed in h Inclosed i: "I, William follows : — "1 I am a Crimean AVai'. •'!'. Having 1 and Co., of Millie Captain Ihitcher, v "■'. Cajitaiu I 1 dill not righily ii till' Clin federate Sh yes, they wei'c gnin vessels, and slmwi.il ivjily, he .said ilmt signalman, if they r "4. The said C wages lit' 4/. lll.v. |i(.| \iMil on Ihe fcdlowiil mmiber '2'.I0.' "•". On llie fnlj in Mcssis. Laird ami " Ii. Tile .siiid \(| and (illeil nji as a lif .lad is piei-i'i'd fur (inanlily i.f .stniv-i j|| al liilkeiiliea,!, vi|irl " " Tliere are if el lliein ai-e nien \\\ " iIk' 11. sliiti'mi'iit lot;;il ,uln>i»ion:i oi' hcix' was sonic lie believed oi- Mr. Dudley brmnnts. 'I he inient l)eliives) Her Majesty's M tbc C'oUectoi 87 fJw Collectw of Customs, Liverpool, to tJie Commissionei's of Customs. " TI nvible Sirs "Liverpool, July 21, 1862. "''i'lie United States' Consnl, accompanied l)y his Soiicitoi', Mr. Squarey, has just been here with ,, ^ ^yjtiiesses whose afliduvits are inclosed, reiiuestiug le to .seize the gun-boat aHuded to in your vt o iw' order of the 15th instant, upon the evidence adduced to him that the gun-lraat has been iltted f\ Afessrs Laird of IJirkenhead for the Confederate Government of the Southern States. ^ ''The only evidence of importiuicc, as appears to me, is that of William Passmore, who had engai^ed himself as a twilor to servo iu tlie vessel. " I sliiill be obliged by the IJoard being pleased to instruct me by telegraph how I am to act, aa tlie ship appears to be ready for sea, and may leave any hour she pleases. ' "Respectfully, (Signed) " S. Trice Edwards." „p g jjotliiiig has been dene to lu^r since my first representfltion, nor has anything be.sides coals Ijeen placed in her. "S. T. E." Inclosed in this let*'"'" were copies of six sworn depositions, which were as follows : — Dqmidtions. 1. " I, 'Williani Passmore, of P.irkenhead, in the county of Chester, mariner, make oath, and sny as follows : — , . . , . " 1 1 am a seaman, and lm\o served as such on board Her Majesty's sliij) Terrible durmg the Crimean War. " '1. Having been informed that hands were wanted for a fighting-vessel built by Messrs. Laird and I'll., of liirkenhi'ad, 1 a]i]iliod on Saturday, wliicli was, I lielieve, the 21st day of June la.st, to ('ai)lain Jiuteher, who, 1 was informed, was engaging men for the said vessel, for a berth on board her. "II. Ca]itain liuteher asked me if 1 knew where the vessel was going, in reply to whieh 1 told him 1 ilid mil rightly iindei-stand about it. He then told nic the vessel wa.s going out to the (iovenunent of tlie Ciiiifederate Stales of Ameriea. I asked him if there wi add be any iigiiting, to whieh he replied, ves, llii'V were going to tight for the Southern nvernment. 1 tolil him I liad been u:;cd to tighting- vi'ssels. and showed him my ]ia])ers. 1 aski'd liini to make me signalman on hoard the vessel, and, in ii'iilv, he said that no nrtieles would lie signed until the vessel got outside, but he wiiukl make me siiriialuaui. if they required one, when they got outside. "4. The said Captain liutcher then engaged nio as an alile seaman (Ml board the said vessel, at the wages iif 4/. Ids. per month; and it was arranged thai 1 should join the ship in Jlessrs. Laird and Co.'s vuiil 111! the fiillowing Monday. To enable me to get on board, Captain Butcher gave me a pa.ssword, the ,imulier'2'.UV '■ ."i. On the fiillowing Monday, whieh was, T believe, the 2;>rd of .Tuno Inst, 1 joined the said vessel in ;Mi'ssis. l.aiid and Co.'s yard at ilirkenhead, and 1 remaiiit'd liy her till Saturday last. " (l. The .said vessel is a serew-steamer of abniit 1.1(111 tons burthen, as far as 1 ran judge, and is built and lilleil up as a lighting-ship in all respects; she has a magazine and shot and canisler-raeks nii deck, a..iil is piereed for guns, the snekets ^m- tlie bolts nf which are laid down. Tin' said vessel has a large Haaiitity of stores and iirovisious uii bnarl, and she is iinw lying at the Vietoria wharf iu the great float at Ilirkenla'ad, where she has taken in about lidO inns of coal. "7. There are now almiit thirty hands on bmird her, who have been engaged to go out in her; most lit them are men who have ]ire\iiaisly served on board tighting-shijis ; and one of them is a man who •<('rveil on board the Coid'ederale steamer Sumter. It is well known by the hands on board that the vessel is ^'oiiig out as a )irivatei'r for the Conli'deiiite ( bivernment to act against the I'nited States iiniler a Coninlissiim from Mr. dellersoii Kavis. Three of the crew are, I believe, engineers ; and there niv also some firemen on board. Part VI. The Alabama. been on board the shiji almost every day. It is ilher " S. Captain Ihileher and another geiitleniau hnv iv]Hirted on board the ship that Captain llutilur is to be the siiiliiig-master, and that the .euticmati whose name, I believe, is llullock, is to be llie tightiug eaptain. " '.'. To tia' best of my iid'omiali'in and belief, the above-ineutioneil vessel, which 1 have heard is III be called the I'lmida, is being ei|iii|iiicil iiiiil lilted out, in order that she muv be employed in the .\iiieriea, to cruize and to coinmit hostilities against the of .\nierii'a. (Signed) " Wn.i,i.ni Vassmoue." M'rvice of the Confederate (loveriimeni m I'riiVi iniiK'lit and |ieo|ile of the rnited State.- Sworn ln'foii' me at the Cnstoni-house, (Signed) "S. Piiii i; l''|iw\lili I.ivei] I, this 2lsl iliiy of ,luly, l.Sli2. 1, Ciillivtiir." "Ij.lohn lie Costa, of No. S, Waterloo Itoad, l.iverjiool, Sliip|iing Master, make oath, and say n^ f.illiiws :~ " I. I know, and ha\i' for several nioiillis kniiuii, by sialic Caplain liulloek, \s ho is \erv generally i \\\m\\ in Liverpool lu an Aj^ent or ( 'omiuissionev of the Confederate Stales in Amerien. Part VI. The Alabama. 88 " 2. In the montli of March Inst I saw the screw-steamer Annie C'lilds, which had run the blockade from Charleston, enter tlie Rive.- Meraey. Slie come up the Mersey ^.ith llie Confederate flag flviMg at her peak ; and I saw the Oreto, a new gun-hnat wliich liad been recmtly built by Messre. W. C. Miller and Sons, and which was then lying at f.nchor in the river off Egremont, dij) her colours three times in acknowledgment of the Annie Cliilds, which vessel returned the compliment, and a boat was imme- diately afterwards dispatched ft-om the Annie Cliilds to the Oreto, with several persons on boanl, l)esides the men who were at the orrs. " 3. On the 22nd day of March last I was on the North Landing-stago between 7 nr.d 8 o'clock in tlw morning; I saw the said Captnin IJullock go on board a tender, which aftenvards took him oft' to the said gun-boat Oreto, which was tlien lying in the Sloyne. Just before lie got on board the tender he shook iiands with a gentleman who was with him, and said to him, ' This day six weeks you will get n letter from me from Charleston," or words to that efiect "4. On the same day, tetween 11 and 12 o'clock, .ell as I can remember, 1 saw the Oreto go t(i sea ?'!e came well iu on the Liveri)ool side of the river, and from tlie Princess Tier head, where I wi,s standing, I distinctly saw the said Captain Bullock on board her, with a jjcreon who had been jireviously pointed out to me by a fireman who came to Liverpool in tin, Annie Childs m a Charleston ])ilot, who had come over in tlie Annie Childs with Captain Bullock to take the gun-boat out. (Signed) "John de Co.sta." ' Sworn before me, at the Custom-house, Liverpool, this 21st day of July, 1862. (Signed) " S. Pkice Edwards, Collector." 3. " 1. Allan Stanley Clare, of Livoiiiool, in the county of Lancaster Articled Clerk, make oath, and sny as follows : — " 1. On the 2l8t day of July now instant, I examined the liook at the Biikeuhend 1 )ockmastei's Office at Birkenliead containing a list of all vessels wliich enter tlio Bi/kenliead docks , and I found in such book an entry of a vessel described as Xo. 2!!0, and from the entries in the said book, in referoncu to sucii vessel, it ajipeai-s that she is a .sci-ew-steumer, and that lier regi.stered tonnage is oOO tons, and that Matthew J. Butcher is her master. (Signed) " Allen S. Clare." "Sworn before me, at the Custom-house, Liveipcol, this 2l8t day of July, 1862. (Signed) " S. I'liicE Edwards, Collector." i ' We, Tlcmry Wilding, of Liverpool, in the county of Ijincaster, Gentleman, and Mathew -Mogviie' of Liverpool afoiusaid. Agent, make oath and say as follows: — " 1. 1, the said Mattliew Maguiit?, for myself, say that on the l.jtii day of July now instant, I took Uichniil Bixigan, whom 1 know to Ix; an apprentice working in the ship-buildiiig yaixl of Mes.ii-s. Liii'd and Co., at Birkenhead, to the I'bove-iiamed deponent, Henry AVilding, at his residence at New Brighton. "2. And 1, the said Henry Wilding, for myself, say as follows: — I am tlie Vice-Cousul of the LTnited Slalfs of North America, at Livt'i-])ool. "'.i. On ihr l.")tli day of ,Iiily now instuiit ! saw tlie said I'icliurd Brogan mid examined iiim in reference to a min-lx)at which I bad heard was being built by the said Jlessrs. Liird and Co. for tlii' io-calliMl ( 'onfedcrale (io'ernment, i.iid the said llicliard Brogan then informed me that the said vesisfl was built 111 ciiny fcmr guns on eacli side and four swivel guns ; tliat C'a]itaiii BuMock bad at one time, when the ve.s.sid was in judgi-ess, conn' to the yard almost every day to select ti.e timber to be used Im the vessel. That the said Captain Bullock was to lie the captain of the said v sscl ; and that the sniil Captain Bullock had ;"skcd the said Uichard I'hogan to go as cnrjieMter's mate in (lie .said ves.sel fur three years, which tin said liieliard Brogan had ileclined to i\i\ because Mr. Laird, who was present iii the lime, wiHild not -^ .nintee bis wages. That the said vessel win to cany 12(1 iiiMi, and that ltd alil.' seamen were already engaged fur her. That the )ietly illicers fur the said vessel wen? lo be eiigiigiil for (hive yeain, and the seiiiiien for five niontli.v That the said ve.H.seI wa.s then at tin' end of (he new wari'lioiises in the Birkenhead l>oek, ami thai it was underslood she wat. tu take her guns dn bnaid at M .ssis, Liird and ('o."s .shed liirtbe'' up (lie diuk ; and tha( it was geiieiidly iliiderstond |.( the men ill Me.ssw. hiiid ami Co.'s yard that the .said vessid was being built lor the Cnnledi'iat. Government. " 4. The ve.s.sel alxive-meiitioiied is the same which is imw kimwii as No. L".t(>, i.ud I \eiily li, .\,. that the said \(\sscl is in (act intended to be useil as a privalee,' nv vessel of war, under a Conimi.ssi,,, flMlll the sci-called ( 'niiledeliite (icivelliliieni against the I'llitcd .States' < loveiilliK'llt. (.•^igned) " II. Wtl.lUMi, •• M.MTIIKW MACfllsr.." " Sworn belore nie, at the ('nstinn.jiujse, Liveriiool, this 21ht thiy nf ,(uly, 1862. (.Signed; ".s. I'lin i: Kiav.viihh, r„//,,7(/c." "I ar dependenci " 2. Ii ment to the State of Ge to have left employed ii States for s United Stat was then rei and London " 3. In have been t Bullock, anc viz., that the known to be Confederate country, and Charleston, i Annie Childs the United S OS she came \ ill the Annie Oreto, built a jiart of the pr and .Jamaica, on board guns mission from i whi(^li said vei Majesty's ship that before he building, eqiiij lieen launched believe, ready ; men on board. nominally com navigation of t Ytirk, Charlestt "4. Froi gun-boat No. Commission t( vessel AN-ill be against the Go " AfRrme{ (Sijfii " I, Mattl " 1. I kn of the Co fede " 2, I ha\ Birkenhead, w| vessel liaa beeil " 3. On til Messrs. Laird if about such ve.sl " Sworn fSign| The nbr Solicitor niidl 6. " l,Thonnis Haines Inidley, of No. ;!, WeilesleyTeiia.c, Prince's Park, in he Bmougli of Li\ii|«« in the County of Lmcasler, Ivst)., iieing one of the people called Qiiukei's, allirni ami say as follows;— [61 89 Part VI. N DE Costa." MaUii'\>' Magirliu' Consul of the Ignited States of North America, for the port of Liverpool and its — - " I am the ^^« 2 In the month of July, in the year 1861, information was sent by the United States' Govern- nent to the United States' Consulate at Liverpool that a Mr. James D. Bullock of Savannah, in the State of Georgia, wlio was formerly the master of au American steamer called the Cahawba, was reported to have left the United States for England, taking with him a credit for a large sum of money, to be emnloved in fitting out privateers, and also several commissions issued by the Southern Confederate States for such prfvateers, and in the month of August in the year 1861, iaformation wm sent by the United States' Government to the United States' Consulate at Liverpool, that the said Captain Bullock WHS then residing near Liverpool, and acting as the agent of the said Confederate States in Liverpool " 3. In accordance with instructions received fi-om the Government of the United States, steps have been taken to obtain information as to the proceedings and movements of the said James D. liullock, and I I'iive ascertained the following circumstances, all of which I verily believe to be true, viz that the said James D. Bullock is in constant communication wi::h parties in Liverpool, who are known to be connected with, and acting for, the parties who have assimied the G wernment of the Confederal* States. That the said James D. Bullock, after remaining for some time in England, left the country, and after an absence of several weeks, returned to Liverpool in the month of March last from Cliarleston, in the State of South Carolina, one of the seceded States, in a screw-steamer then called the Annie Cliilds, which had broi.eu tlio Idockade of the port of Chafleston, then and now maintamed by the United States' Isavy, and w'licli vessel, the Annie Childs, carried the flag of the Confederate States as she came up tlie Mei-soy. That, sl'ortly after' the arrival of the suid James D. Builock at Livei'pool ill the Annie (.Jhilds, as abovementioned, he again sailed from Live pool in a new gun-boat called the Oreto, built at Liveqiool by Messrs. W. C. Miller ad Sons, shipbuilders, and completed in the early ijurt of the present year, and which gun-boat, tlie Oreto, though she cleared from Liverpool for Palermo and .lainaica, in reality never went to those places, but proceeded to Nassau, New Providence, to take on boanl guns and anus, with a view to her being used as a privateer or vessel of war under a Com- mission from the so-caUed Confederate Government against the (loverument of the United States, and which said vesse', the Oreto, is stated to have been lately seized at Nassau by the Commander of Her Majesty's ship Greyhound. Tliat the said James D. Eullock has since returned again to Liverpool, and that before he left Liverpool and since lie returneu, he has taken an active part in superintending the building, equipment, and fitting out of another steam gun-boat, known as No. 290, nhich has lately been launched by Messrs. Laird and Co., of Birkenhead, and which is now Ijang, as I am informed and believe, ready for sea in tli - Birkenhead Docks, with a large quantity of provisions and stores, and thirty men on board. That the said James D. Bullock is going out in the suid gun-boat No. 290, which is nominally coninianded by one Matthew S. Butcher, who, 1 am informed, is well acquainted with ths navigation of the American coast, having foiTiierly been engaged in the coasting trade between New York, Charleston, and Nassau. " 4. From the circunistancos which have come to my knowledge I verily believe that the said gun-boat No. 290 is being eciuipped and fitted out as a privateer or vessel of war to serve under a Coniniission to be issued by the Government of the so-caUed Confederate States, and that the said vessel wU be employed in the service of the said Confederate States to cruize and commit hostilities against the Govermnent and people of the Uiuted States of North America. (Signed) " Thomas H. Dudley." " AflBrmed and taken before me at the Custom-house, Liverpool, this 2l8t day of July, 1862. (Sijjned) " S. PiticE Edwabds, Collector." 6. " I, Matthew Moguire, of LivvTpool, Agent, make oath and say as follows ; — " 1. 1 know Caiitttin J. 1) Bullock, who is commonly reputed to bo the Agent or Commissioner of the Co federate/ Siates of America at Liverpool. " 2. J have seen the siiiil J. D. Bullock several times at the yaixl of Messrs. Laird and Co., at ]$irkenhead, where a gun-lioat, known as No. 290, has lately been built, wliilst the building of the said vessel has lieen going on. " 3. (.)n the 2nd day of July now instant, I saw the said J. D. Bullock on boai-d the said vessel in Messre. Laird and Co.'s yard ; he appeared to be giving orders to the workmen who were employed about such vessel. (Signed) " Matthew Maouirk." " Sworn before me at the Custom-house, Liverpool, this 21st day of Jul)', 1862. ' (Signed) " S. PiticE Edwahds, Colledor." ^ ' The nbovc depositions were refeiicd, as soon as they were received, to the Aasistaut- Solicitcr and Solieitoi of Customs, who, on the same day, rejiorted as follows : — • The Alabaiu. [61 * Appeiidi.x' vol. ',, p. 1U2. Part VI. The Alabama. 90 Rqwrtu of the Asmtant Solicitor and Solicitor of Cvstmm, re/erred to in the preceding Ldttr. " In inv opiiium there is not siitticieiit evidence in this cnse to justify the detention of the vessel, under the fiOth fJeoi'jie III, c. (iO. The only Mflidiu-it that professes to yive nnythint; 'ike positive evidence is that of the rfenmaii Pussmore ; hut, nssuiiiini,' nil he states to he true, what occurred between the i-oput«l master (Bntchi'v) in.d himself, would not wammt a detention under section C, nor srtpport an information for the jiennlty under that section. Nor ilo I think, however prohalile it may seem that the vessel is titted out for the uiilitnry ojierations mentioned, that sufficient evidence has been adduced to entitle the ap])licants to the interference of the CoUecto. of Customs at Liveriiool. The only justifiable grounds of seizure under section 7 of the Act woidd be the production of such evidence of the fact as would support an intu tment for the niisdemeauor under that section. (Signed) "J. O'Dowd. " Customs, July 22, 1862." " I entirely concur with Mr. O'Dowd in opinion that there is not sufficient e-\ndence to waiTant the seizure or detention of the .ship by the officers of t'uatums. There appears Ui be some evidence of enlistment of individuals, and if that were .sufficient to satisfy a Court, they would be liable to pecuniary penalties, for seciuity 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 oi' any other person may do so at their own risk, if they see fit. (Signed) " F. J. Hamel," "July 22, 1862. ' In accordance with these Reports, the Commissioners of Customs on the same 22nd July, 1822, wrote to the Collector as follows : — • The Commitsioners of Gmtonis to the Uolkctvr of Customs, Ziwrpool. " Sir, " London, Jviy 22, 1862. " Hcvin^' considcieil your report of the 21'tt instant, t-tating, with reference to previous corre- spondence which liiiH taken (ilace on the subject of a gun-boat which is l)eing fitted out by Messrs. Laii-d, of Birkenhead, that tiie I'nited States' Consul, accounianied by liis solicitor, has attended at the Custom- house with certain witnesses, who.se aflida\its yi>u ha\e taken and luive submitted for our consideration, and has riMiucste*! that the vessel may lie seized, under the ]irovisions of the Foreign FInlistment Act, up ground that the evideijce adduced atfonls pr(«if that she is being titted out for the (Jovernmont of the t 'onledi'i-ite States nC Vnicrica, — " We acquaint you that we have communicated with our solicitor on the .subject, who has advised us that the evidence submitted is not .sutlicient In justify any steps lieing taken against the vessel under either the iith or Tih section of Act 50 (iemge III, cap, (iii, and you are to govern yourself accordingly. " The Sulieitoi- hiu;, however, stated that if theiv should 1k' sufficient evidence to satisfy a Court of enlistment of indiviiiuiils, tiiey would be lialile to }>ecuni".rv ]ienalties, for security of which, if recovered, this Department might detain the ship until those penalties are satisfied, or good bail given ; but there is not .s\dficient evidence to rc([iiire the Customs to )iiiisecute ; it is, however, competent for the I'nited States' Consul, or any other penton to do so at their own risk if they see fit. (Signetl; "T. F. Fkkmantlk. " U. C. L. IkKKKLEY." On the same day, the papers were transmiftod, by order of the Conmiissioners of Customs, to the Treasury, witii a covering letter, which was as follows : — t Ml'. (I'didni r lo Jfr. Hamilton. " I am, h doubt upon t Crown shoidd The Sc Mr. Layard, unofficial letl " My dear Jlr. ' " As the ( Perhaps you w the Law Office; The pap and were, on letter :— t " (Immediate.) " Gentlemen, " With ref'e you the accomjK .sionei's of Custc Liverixiol for the the .same into 3 opinion therenpc " The forme It will hai before the Coll to London, on Department Crown. Of the at once mater proceeding fn antecedents, w case of this n and not admi grounds for be Copies of with the follow si.v " Mir, " Custom- ffous,; July 22, 1862. ■ W'tii rt lerence til the iteport nf iliis Bciard of the 1st instant, respecting a vessel fitting out at Liveii)ool. which it is stated is intended to Ik- used 11s a privateer by the so-called Coid'cderate States of America, — "I am directed to state tiial the Hoard have this day recci\i'd a lajiort IVnm their Collector at Liver]iool iiicliising allida\ lis which have been made IicIuit him \\ ilh a view to the dctentiun nf the vc.ssi'l ; and ill tliiiisiiiitliiig In ymi. liy de.siic uf the limini, the aicuiiipaiiyilig C(i|iy of tlie Colleclor's Kcport, «ith the attidavils i-cfeiTed to, I am to stale that the Muaiil. having ccimmunicatcd with iheii' Solieitor, lUf advised ijiat the e\ idence is ncit .siitlicieiit to jiistily any steps being taken against the vessel iiiKler either the lllh I'V ~l\\ seelii f the Alt "I'.l Ct'iiige 111, ciiji. (i'.l, and lliev liii\ e apjilized the Ciiljeeii.r :.t l,i\erpi"il iiienriliiigl\ , iiifiiniiing iiimal the same time tiiat the Snlieiinr Im.s alsn staled that if there >linii|il !«■ sidtieieiii evideiiee In salisfy II Ciiiirl nf the enlistment nf iiidi\ idnals, thev \Mi\ild be liable In peiiiiiiiiiy ]iellallies, Inr seeurily nfwiiiel,, if reeo\eleil, the Cilstnnis might delaiii the ship Ulllil thnse peiiidlies lue siilislieil, ni giind biiil giveil ; bill that tlieje is nut eMileliee enniigji nf enlist- nieiil In I all ii|>nii t!ie riistnms In pinseeiile, allhniigh the I'nited Stales' (Joiisul, or any otlier peiwu, may do sn at llieii nwii risk if lliev see fit. " J[y l,oril, ■■ I biive the till' cliaraeter iiin the 2:!nl nf .Iiiiie " The origin; port, in accordant basis nf III! iip|i|i tn be my ilul\' III lei|liest that silel I dniibt linl il I" iigiiinst the (Jnvei On the 2 • Apjundix, vol. i, p. 192. t Ibid., p. IHH. lisioners ol 91 PRftVI. " 1 am however, to submit, should the Lords Commissioners of Her Majesty's 'riHiRmry Imw Rny doubt upon the subject, whether it may not he advisable that the opinion of the Lnw OUlnpw eif Ulo The Alabama. Cmvm should be taken. I am, &ii, (Signed) "J, (i, (Iaiiunkh," Tlie Secretary to the Treasury, on receiving the papers, sent them iuimodifttely to Mr Layard, one of the Under-Secretaries of State for the Foreign Department, witl\ nn unofficial letter, which was as follows :— * Mr. Hamilton- to Mr. Layard. " Mv dear Mi'- l-nynrd, " Tiemuni, Jiilj/ Ul', 1 Hl(iii, "A.'* the pommunicntion may be considered jiressing, I send it to you unollioiiilly Id nuvi> thim, Peihaiis you will oscertain from Lord Kussell whether it is his wish that we slioidd take lli» nplninii nf the Li'w Otfl''era as to the case of this vessel. It is stated that she is nearly vnndy lor tm. " Sincerely yours, (Signed) " '"Dko, A, HaMII.TuN," The papers thus sent were received at the Foreign Office on the 23r(l Julv, 1809 and were, on the same day, referred to the Law Officers of the Crown, with the lollewliig letter :— t Mr. Layard to the Law Officers of the Crmim. " (Fmniodiiite.) "Gentlemen, " ForcUjn Offiir, Jiily '^W, \XiVi, "With retbreneo to your Report of the 30tli ultimo, 1 am directcil liy Kml lius;iiill In tiiiiinuiil In vou tlii^ accomiianying papers, which have been reeeived by the Hoard of Treasury IVoni Ihn Ctminiin. .sionci's of Customs, containing further information rcs]iocting the vi'm.scI allcj^cd In Im Hlliny: nlll nl Liverpool for the Hcrvicc nf llie so-called (Aaifederatc Stales ; and I urn to rciiuiwl ihiit ynii wdl liiid' the siimc into your consideration, and favour Lord IIusmuU at your earliest cnnvouiuiici' with yoiii' opinion tlicreH])on. " The former papers on this suliject are inclosed for reference if required. " I am, Sio. (Signed) " A, IT, L.W.Miu," ' It will have been seen from the above statement that the evidence Uiid by Mi', l>»tlley before the Collector of Customs at Liverpool on the 21st July was on the huiiu' (iiiy Hfiit to London, on the following day (the 22nd) referred to the ofHcial advisers of tlii< ('itVtoiim Department and reported on by them, and on the 23rd referred to the Law OHirt'iH of llip Crown. Of the sI.n: depositions one only (that of Passmore) contained any ovidouco wllicli wns at once material to the question and legally admissible. To rely on evideiut' ot thin khitl proceeding from a single witness, without more corroboration or without intpiiiy into his antecedents, would, according to English judicial experience, have been vtry iinsiil'o ill ii case of this nature. Of the contents of the five others the greater part was iiuioly lit'tir»i„irv uj' * Appendix, vol. i, p. 188. t Ibid., p. I'Ja. N U 92 •p__i. TTT Liverpool, a Solicitor employed by Mr. Dudley, to the Board of Customs, with the following The AUbuu. letter : — • Mr. Square!/ to Mr. Gardiiei: icgjj. " Tmnntoek Hotel, Coveut Garden, London, Jiili/ 23, 18(j2, '"RefeiTing t(j nn application which I. made on Iwhalf of the United States' (lovennnent, under the instructions of tlieir ConsiU at Liverpool, to the Collector of Customs at Liverpool on Monday Inst, for the detention under the provisions of the Act 59 Geo. Ill, cap. C9, of a steam giiii-lxiat Iniilt liy Messrs. Laird and Co., at Birkenhead, and wliich there is no doubt is intended for IIih Confedumlo States, to be used na a vessel of war against the United States' lioverninent, I beg now to inclose two aflSdavits which reached me this morning from Livei-pool : one mndo by Uobert -lohn Taylor, and tlie other by Edward Koberts, and wliich furnish additional proof of the cliaractor of the vessel in ([uestion. " I also inclose a Caae which ha.s been submitted to Mr. Collier, Q.(J., with his opinion thereon. I learnt this morning from Mr. O'Dowd that instructions were forwarded yesterday to the t,'ollector at Liverpool not to exercise tlie powers of tlie Act in this instance, it being cun.sideivd that tlie fuct.s disclosed in the affidavits made before him were not sufficient to justify liie Collector in .seizing the vessel. On behalf of tlie Government of tlie United States, I now resjiectfully reiiuest tiiat tliia matter, which I need i.Dt point out to you involves coiiseiiuoncos of the gravest jm.s.sible descriiition, may Ix^ considered bv the Boanl of Customs on the further evidence now adduced. Ihe gun-boat now lies in the Birkenhead Docks, ready for sea in all respect.s, with a crew of lifty men on board; slie may sail at any time, and I trust that the urgency of tiie ca.se will e.xcu.se the course F iiave adopted of sending these papers direct to the Board instead of tnin.sniitliiig tlicni througb tlie Collector at Liverpool, and the request which I now venture to make tluit the matter may receive iiiuiicdinte attention. " I have, &c. (Signed) "A. T. SyUAliEY." The two additional depositions were as follows : — Depositions. 1. "I, Edward Roterts, of No. GVere Street, Toxteth I'aik, in tlic county of Lancu.ster, .ship-carpenter, make oath and say as follows : — " 1. I am a ship-carpenter, and have teen at sea for about four years in that cajiacity. " 2. About the Ixiginning of .Tune last I had l)een out of cni]ilny for iilmul two moiitlis, and hearing that there was a ve.s,sel in Mes.srs. Ijiirtl and (.'o.'s yard lilting out to run the Idockade, 1 n])i)lied to Mr. Rarnett, shipping-master, to get me shijiped on boanl tlie saiil \-es.sel. " S. On Thuiwhiy, the I'Jth day of .lime last, 1 went to the said Mr. ISarnett's office, No. 11, Hanover Street, Liverpool, in the county of Lancaster, iind was ciigagi'd lor llie.said vcs.scl a.s carpenter's mate. By the direction of the said Mr. Harnett I met Ciiiitiiin IJutchcr tlie same day on tlie George's landing-stage, and I'ollowed him to Messrs. Ijiiiil and Co.'.ssliipiiuililing yaiii.and on board a vessel lying there. Tlie said Captain Butcher spoke to the boatswain alxmt nie, mid 1 received my ordein from the said Iwatswain. At diiiiiei-time the said day, as I left the yard, tlu^ gate-man a.sked me if I wa.s 'going tc work on that gun-boat ;' to wliicli [ ii'plied, ' Vcs.' "4. The said vessel is now lying in tlie IliikeniicMii llout, mid is kiinwii by the name Xo. 2'.MI. The siiiil vessel lins coal and stores on lioard. The suiil vessel is pierced fur guns, I ihink four on a side, luid a swivel gun. The said vessel is lilted willi shot- iiml eiinistei-iarks, and liii.s ii niagiizine. There are about lifty men, nil told, now on lioanl the said vessel. It is generally undcrstodd (Ui boaid of till- '^aid ves.sel that she is going to Xa.ssau lor the Sdiithem GiAeintiienl. " ."i. I know Ciiptaiii liulIocK- by sight, iinil liiive .seen liiiii on boiird of tlie jiiid vessel livi' or six time-; 1 have .seen him go mund the siiid vessel with C.i]'tiiin ISiitelier. 1 iindei-sloiHl, Imlli at Messi'. Lainl and Co.'s y;ird ninl also on binuil the suiil vessel, tli;"! tlie said Ciiptaiii I'lulloek was tin.' owner of tin' said vessel. "el IVinii the I'.Hh day ef.lune la.^t up to tlie]iresent time, with wages at the nite uf ti/. jier nioiilli. ]iayable weekly. I havi' sigiieil iin articles < if agreement. The tidk on kiard is that an agreement will lie signed belon' sailing. (Signed) " KliW.MtD RoDERTS. ' pally at Savanne blockade. I ha> " 2. The ves and have gone to Confederate Stat ports. " 3. 1 came with the iutentio: "4. Mr. Ric: captured when at yard, BirkenJiead. as the Noitlicriu satisfaction. " 5. I first sa 3rd of July last), captain of the ves, captured in one of the Northernei's Co very sliortly liave " ti. Captain 1 told him I was. I but thac there won and I was to get 4/ " 7. I then inc on board the next ( night. " 8. I was at tl served on boanl for swivels or long-torn; without her ammu some thirty tons on " !). One day, m seamen generally do a man-of-war. " Sworn at Live " Befo (Signed) The Case uicnlioncd and ind " Yfin will receil N'o. 2',HI, which was States of Ameiiea, iil Xo. I. Allirniatioii nl Xo. 4. Affidavit of l| Williiiiii I'assiiinn' a|i|>lieation has heeni |iiiii|, to detain the \ tlie Siilicitors to the " Von are ie(jue| iiMW siiliuiitteil to y(i| the vessel under the "Ju/i/ 23, 18(12. "Sworn at Livoqiool, in tlui county of Lancaster, this 2L'iid day of .Inly, 18ti2. " Before me, (Signed) " W'm. HkhW};, Ji:\liii hJ l/ii J'nn, j(ii/,"ni'i intention of "oing to the Southern States, us I co\ild not get there from Boston. ^^ iil^ Mr llickarby^ of Liverpool, 11 brother of the owner, at Mobile, of the vessel in which I wa t • (l when attempting to run the blockade, gave me instructions to go to Captain Butcher at Laird' captuie ^^^^^^^^^ ^ j^^^^ previously called on ih: Uickarliy, and tolil him that 1 wanted to go South, ^"^ the Northerners had robbed me of my clothes when 1 was captured, and 1 wanted to have ^^ '^ " 5 I tirat saw Captain Butcher at one of "Mi: Laiid's oHiccs lost Thursday fortnight (namely, the '^ • 1 f iulv lust). I ^"^^^ '""^ '•''^'' ' ^"''' '""^" *"^"'' ''.y ^^'- I'''^'^'"t>y. tmd asked him if he were the t^'ii of the vessel whicli was lying in the dock. 1 told him Lliat 1 was one of the men that had been *^''^t d in one of Mr- Rieknrtiy's vessels, and that 1 wanted to got South in order to have retaliation of ff 1 \r^*itherners for robbing me of my clothes. He said that if I went with him in his vessel I sliould verv shortly have that oiiportunity. , . . . "() Captain Butcher asked me at the interview 11 I was well acquainted with the Gull ports, and 1 . 1 1 jijiij I wiis. 1 asked him wliat port i.e was going to, and ho rei)lied that he could not tell me then, but that there would l)e an agreement made lit'lure we left for sea. I incpiired as to the rate of wages, and I was to get 1/. 10k. ycv month, payablu weekly. "7. I then inquired if 1 might consider myself engaged, and he replied, "''es, and that I might go on board the next day, which 1 accordingly did ; and I have been working on boi"d up to last Saturday '^ " 8. I was at the Siege of Acre in 1840, in Her Majesty's frigate Pique, Captain Edward Boxer, and served on i)oard for nine montlis. 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. Sht is now chock-full of coals, and has, in addition to those in the hold, some thirty tons on deck. " 0. One day, whilst engaged in heaving up some of the machinery, we were singing a song, as seamen generally do, when the boatswain told us to atop that, as tlie shij) was not a merchant-ship but a nmn-of-war. (Signed " llODEKT JoiiN Taylor." " .Sworn at T^iveiiiool in the county of Lancaster, this 22nd day of July, 18G2. " Before me, (Signed) " W. ,}. [,\MVOm\ Jiinlicr of tin' Pcci for Liicrpool." The Case and Opinion which, together with the additional depositions, were mentioned and inclosed in Mr. Sijuarey's letter, were as follows : — * t'dsi: nahmitkd to Mr. Collier, Q.C., and his 0}n)iio)i llurcon. ■' You will receive, herewith, copies of the following aftidavits in reference to a gun-boat known as Xo. 2'.H>, which wa.s built by Messrs. Liird and Co. at Birkenliuad, iis it is lielieved, lor the Confederate Stati's of Anu'iica, and whicli is now lying ready for sea in all ivs])ects in the Birkeidiead docks : — Xo, I. Aiiirmatiou of T. II. Dmlley ; No. 2. Atliilavit of ,1. de t'osta; Xo. 3. Athdavit of Mr Maguire ; X(i. 4. Atliilavit of II. AVilding and M. Maguiii'; X'o. 5. .Mlidavit of A.S.Clare; Xo. G. Affidavit of Williiuii rassniore ; Xi>. 7. .Mlidavit nf Mdwiinl Kdlicrls; Xn. H. Allidavit of lidbert Joh;! Tayhir Au niililication has been made, on tlu' Alliihivits Xos. 1 to tl iiirluslvc, ti. the Collector of ('ustoms at Liver- iKiiil, to detain the vessel under the provisions of the Ait "I'.i Ceo. Ill, eiip. Oil; but, under the advice of till' Siilieitors to the ('usioiiis, llic rmanl ]iii\r ilecliiii'il to saiii'tinn tlie detention of the vessel. '■ Voii are requested tn lulvisc tlie Cnnsiil for thr I'liiteil Stales at Liverpiml whether the affidavits iiiiw sulaiiilted to vmi would liiselose facts wliieh would justily the Collector of Customs in detaining the vessel under tlii' .\rl in queslion. "/H///2;i, 18H2." Part VI. The Alabama. Opinion. "I have jierused the almve affidavits, and i am of o|iiiiioii that the Collector of Customs would be jiistitieil in detaining the vessel. Indeed, I slmulil think it liis duly to detain her ; and that if, after the ii|iiilieatioii uliieli has been made to liliii, s\iii|iorled by the e\ ideuee which has been laid before me, 111' allows the vessel to leave Liverpool, lie will iiirur a liea\y res])oiisiliility, a le.qunisibility of which the lioiird of Customs, under whose iliieelions he apjiears to lie acting, iiiusl take their .share. " It appears dilliruli to make out a stronger ease of inrringenieiil of the Foreign Enlistment Act, wliich, if not enl'oreed on lie ■ oceasion, is little belter than a dead leller. "It well deserves consldeiation whether, if thi.' vessel lie allowed to escape, the Federal Guvern- mi'tit would not have serious grouijds iif rcuiunst ranee, (Signed) " K, T. CoT^UEE. " Tiiiij)l<\ Juhi -n, 18t)2," * Apjicudi-v, vul. i, p. 19G. PWtVl. TiMAItlMna. 94 The Case and Opinion, together with the additional depositions, were referred to the Assistant-Solicitor of Customs, who on the same day reported as follows :— * " I have i-ead the additional evidence, un.l [ do not thhik that it materially strengthens the caae of the applicants. As re-ards the opinion of Mr. Collier, T cannot concur m his views ; Imt, adverting to the high character which ho beai^ in liia profession, 1 submit that the Boiml might ac. judiciously n, re-^ommending the Lords of the Treasury to Uike tlie opinion of the Lav/ Offlce.'s of the Crown ^ (Signed) "J. ODowD. 'July 23, 1862." Mr. Squarey's letter, with the additional depositions and the Case and Opinion, were on the same 23rd July sent by the Board of Customs to the Treasury with a suggestion that the opinion of the T^w Officers of the Crown should be taken on the matter. As soon as received at the Treasury, they were sent unofficially to Mr. Layard, who was at the time in the House of Commons. Mr. Luyard, after communicating with Etal Russell, sent them at once, by nis (Earl Russell's) instructions, to the Law Officers of the Crown, with the following letter :— * Mr. Lauard to the Law Officers of the Crown. '• Gentlemen, " ^oreifpt Office, JriJy 23, 1 802, "With reference to my letter cf ''lis morning, sending to you pnjier" respecting tlic vessel stated to he preparing for sea at Birkenhead for tlie service of the Oovernment of thf> so-stylcd Cnnfederate States of North America, 1 am dimtcd bv Kail Ifus.scll to inin.sinit to you a further letter from the Commissioners of Customs, inclosing additional papers ifspcdi.ig this vcs.^cl ; and I am to iciiucst that you will take thcr.e paper* iiitf ., our cotisiilcnition, and favour l,onl Hiissoll nt your earlical convenience with your opinion iw to the steps viiitli might to K- taken by Her Aiajcsty's (Joveriiment in the matter. 'R igned) ' 1 am, A. H. L.VYAni)." Copies oi' the papers sent by Mr. Squarey were on the 2Clh July received by RnrI Russell from Mr. Adams, together with the (bllowing letter : — • I Mr. Ad ami to Earl Jiusatll. " My Lord, " Lc(fiituin of the Uinlnl Stales, f^mhm. July 24, 18t)2. "In onler tliat I may complete the ovideiM'i' in tlic ca.-' H« followed the sen fur liftn'n years I Imve Iwen bonlMwnin dm UmwA holh steaiiieis and willing i-isels, imd Ivlung to lli- NumiI li'esiTve "J. About (;x week- .ern I was engaged bv Cnplnjii Hiilelur with >vliiini I have previ„ cants are (■oiir'..-*sed; dilii'.ult to iirocuit) faiic cn.se there can conteiiiiilates. " Ciistumx, Jitlif From the ah Mr. Squarey on ti officiiil adviser phi Board, thi(nin;h (li of tlic Crown. I II will linve that (lay reportc followiiifi: (liiy On Tiipschiv pnpers which hut cfo "My Lord, " \\'e iin' hiiiiii ./illy instiinl, -itiitin^ Liiixlsliip lo iiuii^nn from the ( 'muniisMii tittiliy iPIlt III l,i\e|| I tiike the same ini.i , pilMMii iheieiipoil 'The toiiner pi " We iiie ^ilmi j, Inly illsNiiil, Midline Vi'S>iel sillied In lie ll'iillli'di lute .'>i|Mlei 'Usv from the C.rn llVijUI'Ml thill we Wnlil hiiiniliieiiie with mil Itli'' iiiiilli'i'. " We me liii'lhei |2lith July iiiHiant, hIi iilirr rhilll the IImiih Icoiiliuiiing fuithei ml li.ltliu Ko-slyled ( iinli IihvM'IIht with the i.llhl I'l * Appandis, rol. i, p. 1B7. t Ibid , p. lUM. referred to IS the case of advoiiing to uilk'iouslv ill JWll. . O'Dowu pinion, were * suggestion matter. As wha was at iurl Russell, the Crown, //V 23, 18G2. e vessel stated mI ( "onferternle it'ltiT fi'tiii tbe run to iTiiuosl t your enrlii'Hl y's (lovenimiMit H. Layarp." cived by RnrI lit lit l.iVL'VJItlul, Misitiiiiis tnkiii tlic" KuliHlincut lliitiiiii, u I'lipy ,\f|S AllA.MH.' ("iistonis from iiiittcd to the 1(11 Dilico, uiul m-st llmt they tlicin rclaliiiK tiinke until, nti'l inlfwiiiii I'll Im'mI'I iiii'Vioiinlv snili'l now lyinjf in ili' •ri'il nil' 1 1" i»'v I lint w "liunlil II 1 bpeculatiou I" 95 " 3 The orew now un l>oai'd tlie iwiil vosmoI coiisiata uf about forty men, but I believe that she will take to sea about 100 men, lUl tolil. It is Ki">emlly unileratood on Iward that she will clear for Nassau, but not make that port. The saiil vessel has all iier stores and coals on board ready for sea. She is fitted in all resptvits as a nmu-of-wnv, to emry 8i.\ brooclside-guna and four pivots, but has no guns or amnnmition on board a'l yet. 'I'liu r'des on iKianl are siniiloi- to those in use on a man-of-war, and the men are not allowed to siiiH as tliey do on a meixihttntman. The call is used on board. The said vessel in of about 1,100 tons burll.en. . „ , , •.,•.. v,,,- r.i "4 1 know t.'ajitain Uullock. He has lieeu superintending the building of the said vessel m Messrs Lainl and Co.'s yawl, aiul is, I lieliuve to take charge of the vessel when we get outside. "it is L'i'i''"''*lly undei-stood on boanl the said vessel that she belongs to the Confederate Govem- "^^" ■ (Signed) " Henry Ebddkn. " Sworn this 24th day of July, 1 80L'. " Boforo ine, (Signed) " JoilK StkwaRT, a Justice of die Peace for (lie Couiilj/ o/ Lanctxskr." On this deposition the Assintant-SoHcitor of Customs had, on the 25th July, reported as follows : — * " I submit a rofoivnco to my ftonuor Koports, to the opinions expressed in which I feel still bound to adlit'ic. So far fmm giving addiiional foice to the appLcation, the affidavit of Henry Keddeii oppears to 1110 to wt'akon '•., as, aft(>r the laiisn of Hcvoral days since the date of the former affidavits, the appli- cmits are conf-ssodly unalilu to niiiKo out a bettor justitication for detaining the vessel. It is, uo doubt, ililii'.'iilt to jirociii'u HatisfaL'tory eviduuce in such u case ; but, in the absence of at least a clear privid fiicic case tliere cannot exist those gwuiuls for detaining the vessel wluch the Foreign Enlistment Act contemplates. (Signed) ".I. O'DOWD. "Ciislom.i,Ji(li/2r\ 1862." From the above statement it will have been seen that the additional papers sent by Mr. Sqiinrey on the '2lin\ were on the xanie day referred by the Board of Customs to their official adviser and reported on by him, and were aUo on the same dry transmitted by the Board, throiifjh the Treasury, to the Foreign Ottice and thence referred to the Law OtHcera oftncCriiwn. It will iiave been seen also that the furtlier deposition received on the 25th was on that day ri'portfd on l)y the ofhcial adviser of the Board of Customs, and was on the foUowiiij: di>y referred to the liuw OtHcers of the Crown. On Tuesday the 2!ttli July, the Law Otficers of the Crown reported as follows on the papers which liiui been successively Referred to them : — f The Luvi Oj/ittrt ttf'ihe Uroufn tu Earl liv«mU. '■ My uii'il, " TiiiiiiU, Jiihj 29, 1862. " We nil' lioiioiircd with your ld .iilnli mil' .'^lali'M III' Nmlh .Vnii'ii^ ii, lio was diroili'd liy voiir l.nnlsliip to (ninsniil to w a I'lirthcr ', 'itM' lioin llic l'oininiM«ioiu'rs of t'vi^«toniti, iiu'loNiii^i lulditioniil |iii|ors ri'spciiing this vcmucI, and to ivi|U('^l lliiit wi' Would tiiki' tlii'so papers into mir nuiMiili'mtioii, mid luvoiir ynin Lordsliip at our uarliosl luniM'nii'iii'i' willi our opinion as to tlio itops wliiili oiiglil to lie laki'ii liy licr .Majcsly's (ioNi'miiicnt in iniillrr. ■ U r are further hoiiotirvd with voiir l.o dship's I'onunands Hignilicd in Mr, Ijiyiiitl's lold'r of the |26lli iliily iiiNtant, .^tilling that lie whm diroctt'd li) your l.ordHliip to iriiUNniil to us llic iir>'oni[>anying li'ili'i' liiuii llio Moiinl of Tioiooiiv, ilatrd ,luly 2(i, wliiili voui I.orilsliip Imd rcii'iM'd lliat iiioniing, liuiitiiining I'urtlu'i iiiloiiuatiiiu itspiituig tlio mwhoI NiuitMl in lie tiding util at l,ivi'r|iooi lur tlie service |,p|'lla' »ii-styh'd t oiiriidi'iute Slates ; and to ivi|ueHi that we would lake tlio same into imr consideration, Itiujfthi'r with the oilier |ia|Hii, I bill, ■•ervii es lit ||„. ., H miles fmni tj I and ,■> CM, I mid got jnio Ihe el lllese, | belie' mid liHik Willi nil ef llie IIVVV ; (hef ill lleillllnillls liil fiiiir miles In, III "f vviiiiil iiU,||( || p\li''. piiwdt'l, mf • Appcndia, »ol. i, p. 'h"\ f linl,. p. jo.i. j Ibid., p. Mb. % Ibid., p. ao;i. Ibid,, I [61 sideration, ftud 97 " Tlieso cii'ciimstancos all go to coufinu the vepi-oseutiitioiis heretofore made to you about tliis vessel, ■ tl t'ict' 111' which I cannot but regret she lias heon perniittctl t(j leave tlie port; and I report them to von that you nuiy take such steps as you may deem necessary to prevent tin''; Uagrant violation of '«^"t"^"*y- " llespectfuUy, (Signed) " TitnjtAK H. Dt'nr.KY, Cmmil." The Surveyor of Customs, by direction of the Collector, immediately went on board of the Hercules, and reported as follows :— * Ml'. Morgan to Mr. Edwards. ,. ^J^, " Surveyor i Office, July 30, 18G2. '" Hi'ferring to the steanuir liuilt by the Messrs. Laird, which is suspected to be a gun-boat intended f • sonic l'ciici"n (iovcniiiient, I bcj,' to state that, since the date of my last Report conceniing her, she l"is twi'ii Iviii'-T'i' t''" liirkciilicud Docks, fitting for sea, and veceiving gii board coals and provisions for " ,Slic left tlic dock on the eveniii CM. I saw not bin;,' on lioard tlii' ship Imt coals. I letunied from the vessel in the evening, and got into the iimt about 7 I'M,; ihi'i-c were somi' of Mr. jjiird's workmen and riggers on board; nil (.1 these, I believe, I blou^'ht Ulck. 'I'lie ni'Vt (lilV, Wednesday, I lell the landillg-slage in llu! river, and look with me fiiiln twelily-tive (o Ihiily men, who, I iM'lieVe, \, re to be employed on board as pint III I he I lew ; iheN appenit'd lo lie nil sailois or liremeli, I toil lid the vessel nlKMll II o clock that nitellioon in Heanmaiis Hay. I put the men on board, and Iny alongside till midnight. We were IVoni thiei' to liiai miles liom the shore ; it was a line day. iiesides the men, I put on board an enclioi-.stoek, a pii'ce 1,1' Wool I a Unit I. "i feel loll),', and two liieees ol brass beloU(j;ing to the llliichilieiy. I lieithei cailied ^iilis, powder, or aiiiliiuiiitioii of Miy kind tohei, nor did I see nnylliing of this dcsciiptioli on boaid, [01 * Appciidii, vol. i, p. 20A. t Ibid., p. iiUU. Part VI. The Atabatna. 98 nor yet being put on board. There was no vessel of any description came near the vessel wliile I was by her I have never seen the American Consul to my knowledge. I never told him or any one else that they were taking powder on boanl tlie 7iew vessel. I never whs told what .slie was for, or what wa.s her destination. The piece of wood wliich T have mentioned was not in any way lit for a gun-carriage. I thouglit it was intended to rest the ship's lioat upon ; it was planed and cut out for .some pui-pose, if not to rest the boat upon. (Signed) "Thomas Miller. "Sworn at the Custom-house, Liverpool, 1st August, 18(i2." The aubjoined letters received by the Board of Customs from their officers at Beaumaris, Holyhead, and Cork show what was done by those officers in obedience to the orders of the Board : — * Mr. Cunnali to the Secretan/ to the Customs, London. if(jp " Custmn-ffouse, Holi/hcad, August 1, 1862. '" Your ti'legiiim respecting- tlie iron stoam-vessel 200 i.s duly to hand. 'The vessefis not, at jne.sent, witliiii tlic limits of thi.'* civck. I have arranged that constant watch shall seizei inquiries. " I lieg also to state that I have forwarded a copy of the message to the Collector of Customs, Beaumaris, and the priiuiiial coa.st oHicer al Anilwcli. " I have, &c. ine vessel is not, Ul IHe.'^l'Ill, \^lllllll nn iiiiin.^'-i im-^ vm^. ■ mnv fiii(tii^^.vt ^m^t. v.uiii3i;uui. ^xILUJI II tie kept, so that immediately upon her entering either of tin; harlioui's (ir tlie roadstead, she will be ed ; and I am now leaving (to go along the coast) to Point Lynns and Amlwch to make further (Signed) "K. B. Cl'HSAU, Principal Coast Officer." Mr, Smith to Mr. OardHcr. "gjr^ "('I'Moiit-Ifoiw.Bi-aumari.^Aiif/iist 2, 18G2. "On receipt of your telegram on the 1st instant, directing me to seize the steam-shiji 290, rejiorted to lie olV Point Lynas, I iinniediately pr.iity "he biought back again, because it was too dark. .\t .'1 o'lioi k .V..M. the follow iiij; moiiiiiiL;, viz , Tliursday, the sc i-evv steamer got under ucigh and laocceijed to sea, and has not Hinee Ijcuii soen by any parties cai the shon' ahaig llie vihole part ol that cmisl. " Tiiey held no couuuuulcation whatever with th mie dunii;,' her stay in Afoelfra IJoiui.s. ' I am, i&c. (■Signed) " W. H. S.Mirir, Collector. Mr. CimmU to the Htcnlurtf to the (.'ii»lomii. " (lun-l)ont 21)0, the Hubjuct of TuluKnuu fnmi the Seeivtarv of Customs, ;U«l ultimo, and Itonnl's Order, 81M8t'.2. " Sir, " CiLiliim-I/uiiD,-, Cork. Aii'/ohI 4, 1862. " Inunpdinlely fai the n>(ei]it of vonr telegraphic mcHsaye «teps «eie taken for tlu^ lietentioii of ili,' itlKivp-iiieiiliniied \esHcl, sliciuld she pill into this jxiil ; lait, up to llie clone of tins letter, 1 l'..M., she has not iiiaiii* her iip|M.'uniiu'e. " I am, iVe. (Signed) " v. I'kHnvn., Collerhr." The vessel in lurt diiih'd from the purt of I.ivrrpnoi im Tticsday, tlic 29th Jiily, iiclwcci, 10 anil II .\.,m. She Miiltil osleiisibly \Mlii the iiiteiilinii ol "inakiiij^ ii trial triii mill II (miiiiig 111 liri uiuoriiigH ; iiiid, in onlir \» gisr an ajiiKuraiiro of triilli to tiiiH yw- tehee, a nui distance, rei ship, nor ha her departui Office, and was bound, officers of th advisers. I on the 30th credence to j that she won ment was eqi orders to det still possible to which) sli< roadstead on Beaumaris an detain her coi It will h; Jier final depa guns, gun-car terms on whic on board of h otherwise, any been Fubsequt Majesty's Go\ poo], signed A used, whilst tii the naval servi GO signed fresh Mr. Adan tiie United Sti nnipton, in ord cnnie to Soutl Mr. Adams wr I can obtain rcl to take such ml out. He will il The Tnsc when her Conni iiim that the departure for vessel is given "Sn, " III my iiesi "( tin' j.'iin limit •'aplaiii ('ra\eii, , • iNo ihiii h,. .,1,,, eiiisdictioii, 'I',, 'iiid his inii'iiiiiiil I'aptaiii ('linen Mr Hiidley, loiic| llluiuillu' oi il ivflH miid III I iVoiii Captain C\:\\ to Rwaii liiMlicr Wohls. |,y leicf.'|,||| ' Al latest, I'lllow lier across I " On the s:i||L •III' receipt of myf * Ap|H'ii(li.\, \^^'>-. • In my il('s)intcli nl' tlic .'lOlii .Inly. I liiniii.'lit dnwu ilic iMrnilivc nl' llic |iriin'ciliiij,'s in ilic ruse „f till' ;{I1II-IkiiiI No '.".hi, 1,1 I lit' iiHin'iill'4 i>r till' L".Mll. Ijllcr ill llir iln\ I si'iil illKillli'l- l('li'^,'lillll lo t'lipliiiii Ciiivcii, ;;iviii;^ I'l.rllii'i' iiil:'lli)ii'iii'(' t'linii l,i\i'i|iiiiil, invili^' lii« (Iciuiilmc linin Sniulimiqitmi, ;ilsii lliiil lir sliiiiilii li'i nil' kiiiiw iii-i iii'M iiiiiM'iiiriits. Mini ciiiiliiiiiiii^' liiiii ii'"iii' llw lint' nl Hritisli I'liiHilirtion. Tn iliis iiic^4-iiifii' till' Caiiliiiii iniiiiciiinlciy ri'iiiicil. iiiiiinuncini.' hi- lii'iinrliiti' iit S (M'l.u'k, .iiiil liis inlcnliiin in imirli iit (,iiii'('n"ln\\ n \\ ( ii|iliiin (invcn. nl (,iiii('ii'*iiiwn, iqii'ii/in^; liim llmt N'' -'•'" «nH Hiiid III In- MiW nil I'oiiil Lyiiiii Al iiIhuiI In n'rlmk I'M. nf tlmt cMiiinji I ii'i'i'ivi'il ii tt'li'j,'vma I'ldiii ('ii|iliiin Ciiivi'ii, iliiii'il lit (,ini'i'iHtu\Mi, iinnmniiin}; liis iici'iilimi of niy (li'«iii\tili, ntiil liix intoiitimi 111 iiwiiii liirllirr iii'ilriirtiiiii'i. 'I'lii>< vii^ nii'iwi'ri'il li\' nw niiiy llii' ni'xt nmrnin;..; in Iho lollowing vvdhU, liy lrlr;.'nini : — ■ ■ Al liili'xi. M's|i'Vilii\ . "Ill' \Mi'< lilt I'ninl l.yiiiis ; ynii iiiiisi I'liiiti lii'i' it ynn niii. iinil, if iici't'SMiirv, lullnw lii'l' iirrns.-i I III' Alliinlli'.' " (In till' "iiiiH' iliiN I nii'isi'il liy miiil ii imir irnni (Viitiiin CiiiM'ii, iliili'il lln' IIInI, nnnouniiii^; lllr ri'i'i'ljit nl' my i|i'S|)iili'|uM, mill llin iliiisinn In f;n In rninl j.Mills ill linnli nil llio I hI ill'^llinl. ApiH'iuHx, vol. 1, p. 2.^1. O '4 100 Part VI. Tho Alabama. Ijccii " Captain Craven seenw to have sailed up St. (Jcorjifo's Chnnncl. This last nioveinent must have ..aen made in foi'getliilness of my caution alwut British Jurisdiction, for, even had he found No. 290 in that remon, I had, in previous converaations with him, explained the renaons why I should not consider it good policy to attempt her capture near the coast. In point of iiict, this pi-oceedinir put an end to every chance of his success. " 'Legation of the United States, London, Ai(f/itst 6 1W2. " ' I will forwanl your letter to tlio .Secretary of the Nnvy. Hnvinj,' in my h.mds sufiicient evidence to justify the step, I was willing to assume the responsibility of advising you to i'oUow the boat No. 2W, and take Imt wherever you could find her. But 1 cannot do the same with other vessels, of whicli I have knowledge .>nly from gener.d ri^jiort. I therefore tliink it liest that you sluiuld resume your dutie.T under the gen.ei-al ii.structions you iiave I'roni the l)ei)artnient, without further reference t(j me.' " It may have been of use to the Tuscaroi-a to have obtained repaiw at .Southamjjton to put her in ■aworthy conditii.". But had I inmgined that the Cajjtain did not intend to try the .sea, I shouUl not ave taken the rcsiMinsiliility of cidling liini fn>ni his station. 1 can only say that I shall not attempt seaw liav auytliing of the kind again. " I have, &o. (Signed) " Ciiari.ks Fiiakcis Adams." Captain Craven's failure to intercept the vessel .appears to have been regarded by Mr. Adams as evincing remissness and dilatoriness on the part of the former, and a want of the promptitude and judgment which ought to have been used under the circumstances of the case. It is probable indeed that he would iiavc succeeded in intercepting her if he had used the needful activity and despatch. For some weeks after the sailing of the vrs,sel (which, up to tiie tim.^ of her departure, had continued to tjo known only as " tlie 2'JO,"' from the number which she horc in the builders' yard) nothing tnore was iicard of her. On (lie 1st Septeini)er, INr»2, n steam-ship named the Hahnma wl]i( li, on the 13th September, had cie;ircd from Liverpool t'or Nassau, returned to the port inul was entered ns in ballast from Aiigra in the Azores. On the 3rd September, 1863, the Assistant Collector of Customs ut Liveipooi sent to the Board of Customs, with reference to this ship, the subjoined letter ai.d mclosurcs : — * Afr. St Hint to the CoMmiAiiome.'^ nf ('iixtoms. "Honourable Sirs, " ('ii^tum-IfuKst , Lieerjuml, S/itemlxr ;!, 18(iii. "With reference to the Collector's Keport of the 1st tdlimo, I beg to transmit, fur the irifonnation of the Board, the ainu'xed Iteports from the .Surveyor and Assi.ntanl Surveyor, di'tai'ing some iiilnrnialii.n tliey have obtaini'd rcspoiting the gun-biiiit No. J'.HI. I nisn iinlnsc a spni(i( atiiri nf (he largo taktii out liy the Bahama, and width there a|i]iear) no reason \>i clmibt was tvansrcncd l.i tjic mni-lH.al. " liesiiectfullv, ("Signed) "\\. (''. Sliwn, AnniMoU Co/le'-tor.' (Inclosure 1.) .Vc. Ifiin.111/ til i'r, Steiniet. "Sir, " LieeefMiol, Xetnoii Doek, Septemhe :.', 1S7l'. " T beg to stale that a slcaio-iliip c alb d the itaiiama arrived hein last evening from Angra dbc capital of tiie Island of Tcrceini, i\ti'rli rases, lb" roiilcnls nf svbl.b he did lint know , bill ptesiiiiieil tliev \\e|e allll-., iVe., nild, allel pineee.hllg In I lie above poll, liaiislei l.il the sixteen eiiMes to n Spaiii^b \essel, mid ivliiiiied In |.i\ei| 1 « lib a i|lliOitily ol enids. "Tliemasler aKn sliiles that, when nil' ibe Wesleiii I'-iaiids, he sp..ke the ( 'mifedeiiile giin-bniii Alabama (.Nn. L'l'H, Imih in .Mi. Ijilnl's yniil at |lii! for your inloiiiialinn. " lies|K(iriilly, (Signed) ".l. Ml s-.rv, /!«/»/,(,(/ Si'mi/,,,:" iiiiw known as tin • Appendix, vni. i, p. 208, [B] O P n. SOL (OX 101 (Tnclosiii'C 2.) Specification of Shipment per Bahama, August 11, 1862. Cwts. qrs. lbs. 1. case contoining 1 cast-iroa gun .. .. .. weighing 49 1 14 2.— 1 case containing 1 l)roat'"icle carriage .. .. „ 3_ 1 case containing rammers, sponges, handspikes, &c. . . „ 1 1 case containing 1 cast-iron gun . , . , . . „ 2. — 1 cnse containing 1 broadside carriage . . . . „ 3. — 1 case containing rammers, sponges, handspikes. Sec. . . „ 1 to 6. — 6 coses containing 50 c -St shot .. .. „ 1 to 6. — 6 cases coataiuing 50 cast shot . . . . „ 1. — 1 cose containing brass vent covers . • . . „ Total weight . . . . . . . . Total value, £220. 12 14 2 1 14 49 1. 14 12 14 2 10 13 1 20 17 2 6 S 158 I 27 PartVL The Alabama. (luclosm-e 3.) Mi: Morf/aii io Mr, Skiniii. .. Sir, " S)irrn/o)-'.i Offiiv, ,%'ptnnher 3, 1802. '" I lioi,' to ropnvt, for your infovnmtioii, tlmt tlio British st('aiii-.shi|) liuhmmi, Ti^ssiev miistor, whioh vi'ssci c'l-Mii'il ciul (or Xiissiiu, iiiitl ^iiiUiil nw tlic l;'illi uliiiini with uiiictui'ii uii.sen, (ujiitont.s as pur s))eci- liiiitiiiii iiiim'X<'2, Karl Russell received from Mr. Adams a Note i /.iisiiiL;; a lelli'r from .Mr. Diidliy, and also a deposition piu'portiiiii- to he made by one lieddiii, H svainau, who had •..liled in the .Maliaiua on lur milw.ud voyage, and had iL'liiiiied in liie Haiiama to l^ivtipoul. The Note and its indosuies were as follows: — ♦ lniili ■•■ Alnbanin near t!i« same islmid wlicre the armann'iil was put on UrM\ There will Ije no difticilty to get otiiev f-'stinimiy if it is iwiuiivd. " I am, &c. (.Signed) " Tiio.s. H. Didley. "p.,S.— There w 'iv two American vessels in sight wlieii Uiey parted with the Ala))ainii, whi .h Captain .Semnics said lie would take. Tlioy no (hnihl weru taken and destroyed, the lirst-fruits froui this vessel, "T. H. D." (luclostiio 2.) Dqmsilion of H. Redden. 'Henry IJet'don snys : — I reside at 10, Hook .Street, Vauxliall I'oiid, and nni a .seaman. In April last 1 sliipped as boatswain's iiuilt' of i vessel lying in Laird's Dock at IJirkeuhead, knuv.n as 2!M), and wor'Kci Hi lioaiil until she sailec 'Wo sailed Irom Liverpool ab(mt 2.Stli .Tuly ; Cajitain Hntcl cr was ma.ster ; Mr. Ijiw.a .Sonll lerinT, was mate; Mr. Liwivnci Vomiiu «as ]nn'ser. .\ (';ipl,iin l?u!lock went out with lis, but left wilii il,, |iil(it at (iiaiit's Cove, iieiii I/)Ucloiiilerry. There wen' live ladies iiiui a iiiiiiiliir of gi'iillemeii went wiili us as fai IIS the lieli I'liiov. We went lirst to Moelfni l!ay. iieiir I'oiiii Lviias, when we anchored and it'iimiiied alioiit tliiitv hniiis. The Hercules ti iiigbt dnwii aiioiit forty men to us tl lei-' ; iiotliii lid. Her eicw thiii iiiiuibered ninety men, I'f whmn tbil't' -si.\ Here sailoi else wa. then tiiki .She had no guns on Imnvd then, nor powder, iioi aiiiiiiiiiiilioii. We left Moelfni Hay on \\w V iiirsda liiglit at 12 o'clock, and K^'eivd for the North t biiiinel. W'v (bsciiar^iccl Captain Hiilioek and tlie pihit [III Siitiirdav altenioon. AVe lirsl steered doMii the .Sdiilh Cbaiinel lis far as Ilard, and steei-ei Holvl i iioitli. Fnnii Ilerrv we cruized about until we arrived at A I pill sea, wlien we iHUit .liii AIkiiiI lavs after wi F^Midou with six guuH, two 'if thcni '.'Si-iiouiid III Kiiglisb liaiiiuc, hns after Iei;vi er folic riMei iiid the (itl iglii, ele\eii i , ' 'iiptiiiii (,liiiiin, anived finm ith-lii four .•ore broiidsidi' uiins, 211(1 or IMd luirn Is nf jiowd re) )ivot guns, loi.] er, venil cases i,| |iiiintitv of slop'!, 200 ti.ii.s of colli. Slu^ ciiiiie alongside mill innde fnst. Wc were niiclioreil Angra Itnv aboiu a iiiiie iiiid a half er two miles finin slimv. .\lter lieing there nlKntt ii wei \-. am 1 "hilu we were taking llie guns mid aiiimunitioii on Inuiid. tlie aullioriti 's ordr-ed us ii.viiy. We went oiUs mil returned at iiiglil. on Ixiaid le^ We iniili The bi 'lUijUe w.is I'll ;diin).;side, mid wc tnok the i I. W!liie\M were ih-M-hm'MII'' I Me eliiaiiidei' nf (lui j^ii pie, the steiiiiier Ilahmnii, Cii]ilain T •I I from LiveiTiool, Ca|itiiiii I'lillmk, Captiiiu Semines, mid fnily men emiie In h Plollljill IWl ;i.s. ith-b. iilfe.s lull III lliiilii SI le Ixiard U'lore, taken on Ixmrd iit Hirkenliead. The Ilahmnii wa.s living the liiitish Ha had a safe nu The Ital liiliia I'll' onleii, towed the liHii)ue to iilintlier pliiee ill the island, mid we loljowed. The next iiioriiiiig we w away from iheiv, mid went out to mm iiiilil night, when we nluiui'd lo ,\iigni liny, 'flie itahmnii, iilin tiiwiiig the lian|ue away the evening of her arri\nl, eami' buck to the Aliibiiiiiii, or 2!I0, in Angra I'.ia made last idniigside nf her, and dischiirgcd the guns on ImhihI of her iiiid the mniit). Tl le men sll'lli ■k for wages, a nd lint til 'II l;o on IhhiIi I. Tl lele Were lolir engineers, a 1im:iI- .swiiiii, and ea|itiiiii's clerk niiliied ,Siiiith, also eiiiiie in the Itahiilna. mid they we'e taken on bimril lln line evening. All 'hive ves.selN eiuiliiiiied In llv the I'lrili.-ili lliii; the whole tin moiinleil (IS siMiii as tliev wen lake Tl III bniild. They Were bil.sv at w ni k ), riling llielii llllil the Al le guns Wi III iiliiiinii or 21'0 ri'Mily Inr ti;,'liliiig while iln' llnhmiin mid ihe li,iripie weie iiloim»ide. On the Siindiiy afte iii.i'ii follnwin.; last ,SiindHV week/ I'liplmii Sciuliies i iilh tll(^ band phiyilig ' Hixie's jjiiid.' Capliiiii .S. iuuie« iiddle.ssed the ni.li, iind ■■iilil lie wim deiaiiL'ed d all hiili'h iili. ,llid till' Cnnfeih mil III was hill"! UN lilind to see iif II itry gniiig to ruin, mid had In sleid out nf Livi ipn.,] like a thief. That leiu wiilehlli;,' hllii lie Wii^ nnw going aflei thi'iii II e wiinleil al II • tl geil III ilixti'iul III lillii -^ Ihiil he wii.s golii-,' to sink, burn, and dei-liiiy mII liin enemy ■* pi-i'(H'i'(y. mid lliiil any lliiil went wilh hioi was eiilillnl to twn-twnitie||i> pii/i.-mniicy ; it did lint matter w liellii'i thr t'li/e wa. sunk, ni li„ined, or Mild, till |)ri/e-mniiey wii> tn be pilid Thai t hi IV were only four I'lr dve S'oilJiern ships that he wa^ aJiiiiiUif -m:-4'^ ir V issel fitted out 1(1 ilcstrny the . 1 I'l'ny youv jily in writing' s Uovenunent :is Adams." nher 3, 1862. vunt out in tlie lotl by ('iiiitiiin lino of pacliots tlie jiuriiosc of ) of coal to liei'. 10 to nici't tliu noiglibouvliood. H. DritLKY. iVliibnniii, will h lirst-fvuits fi( A-, and wliilu \\v wiMit iinl--i(li; inlcr of llii^ ^,'iiiis, i,('a]ilain 'I'cssiii, Ii licf. Sill' iiImi •^lif liail a safe mi !«;, Till' Uahiiih.i we well' ol'dcliil lie Itiihaniii, iilld 1(1, in Aiij,'ra Hiiv, eli^iineel's, ii 1«iiil- ti'li on lioard llie 'I'ile J^lins Wi h' and llie AhiKaniii Sunday iifte inn'ii r ll;l" was lliii-ii d, !■ Mas i|eriui).'ed in ef. 'I'liat ihsli'iul lini,— linil he \mis I liiiM wrts enlilli'(i i.rned, or sold, ihi. la; NMw afraid el. 103 H 'd lie did not want any to go that were not willu^cr to fight, and 'Uere wfts a stefvpier ftlongaide iJO ^^^ << The vessel was all this time steaming to sea, with the Bdiunia at (i short distance. Forty-eight of them firemen, refused to go, and an hour afterwards were put oii boai-d the Bahama. I meii, mos ^^^^^^ ^^^^^^^ ^^^^^ ^ .^^j^ ^j^^ ^.g^j. -j^ ^j^^ Bahama. Captain Butclier, Captain Bullock, and all i-etusea o b ^ ' j^^^^^.^ ^.^jj, ^yjtii u,s, and landed hero on Monday morning. "When we left the Alabama the J^ng 1 ^ ^.^_^^ fyj, figiiting, and steering to sea. 1 heard Captain Senaues say lie was going to cruize slie\*as ^y^^^^^j^.^^ going from New York to Livei-pool, a-.d Liverpool to New York. The T' 1 "^ never steamed while 1 was in her nwro thur. eleven knots, and cannot make any more. Aiaomn i ^^^^^.^j^^ while in Moelfra Bay for Nassau, or an intermediate port. Captain Butcher got us We. sign ^1^^ ,^yigjo,ig were i)ut on board at Laird's yard before sailing ; they were for si .x months. Wl '^'"we left her she had .ibout ninety men and eight guns mounted, three on each side and two P^^°^' (Signed) " Henry Redden." " Declai-ed and subscribed nt Liverpool aforesaid, the 3rd day of September, 1869,. " Before me, fSicncd) " William G. Bateson, Notury I'lihlie, and a Commissioner to udnwiider Oatkain ilhanwnj." Account. Augiiiit 3L— Kwj Redden, at 6/, per month. One month and five dnys, at 4*. Advance, G/. ; tobacco, Is. M. £ s. d. 7 6 1 8 Amount due fO 18 4 "Matthew James Butcher, " Master of Steean-shii} 290." The Alabiumi. (Signed) Eari Russell, on the 22tid September, 1862, replied as follows:—* Enrl Russell to Mr. Adams. ■•Sir, " Foreign O^ce, September 22, IB(j2. T ha^'O the honour to arknowledge the receipt of your letter of the 4th instant, inclosing a copy of n letter from the I'nitod States' Consul at Liverpool, together with the dejiosition of Henry Redden, resueoling the su)>ply of cannon and nnuiitions of war to the grni-boat No. 2lJU. Vou also call attention to the fact that you have not yet received any reply to tho repi-osontations you have addressed to Her Majesty's Oovornmont upon the subjucl. " 1 hud the honour, in uokuowleilging ihu receipt of your letter of the 23rd of Juno, to state to you that the matter had been referred lo the proper Dejiarlment of Her 'ilajesty's ( iovornnient for investi- L'ation. Yiair siibseijuent letters were olso at on 'o forwarded to that IJepartmont, but, as you were infonnod in iiiy letter of the -'Htli of July, it ■ ■ . requisite, before any octive steps could be taken in the mr.ttor, to consult the Law Ollicors of tlio Crown. This could not be done until sutlicient evidence had been (MiUecled, anil I'mni the nature of the case some time was necessarily spent in procuring it. The Itepoit of tho l,aw Otlioers was not received until tho 29th of July, uiul on thu same day a telo- itraiiliie inessago wiis I'oiwaided to Her Majesty's (Iovornnient, stating tliat the vessel had sailed that nuirniii". Instructions were tlieii dispatilied to Irolaial to iletain tlio ves.sol should she put into (Jaeeiistown, and similar instruitions have been sunt to ths (ioveinor of the liahanias in case of her visiting Nassau It aii])oais, however, that the vessel did not go to Queeiistown, as had licen exjMicted, and n, anil we then parted and amiliorod a lillU' tllsliHUU' money ^^^j^^ ^^^^ bminic Agriiipina went ami diseliai-ged llie remainder of her enrgo inln till' Alidmniii, n Hn<' t'bis time Captain Semmes iiud t'uptain r>ulloik were going liai'kwni,. ' and fiirwuHlN to tlii' \libnma but woidd not let any of the otticers go. On Sunday, tiie 24th of August, (-'uplilill Hitli January last. '• Mv Lords, however, eoiuun- witii hi.s birdsiiip tliat it will be desimble to a«i'ertain whether any of the men "on iM.anl the iVla'bnnia did belong to the ^'aval lieserve, and they will fake tliu neceiwary steyw as retjuested, (Sijjned) •' I ftm, &e. 'C. I'AdKT.' The Secretari/ to the Aitmiralty to }fr. Ifiiiiimoni/.f <• gif " Aitiiiiiri/ty, Jiuniiiri/ 2!t, 1S()4. '" In rei)lv to yonr letter of tlie 22nd instiint, R'siiertini; tlie Navid Uesevve men wlio are said ((, form part of tlie civ\i of the Confedenito steani-sliip Alabama, ! am ((iiiimandcd liy niy Lonls Comniis- HJoners of the Admindly lo aciiiiaiul you, for the information of Kml i'usscll, that oidy three of the nineteen men descrilied i?i the jirinteij list as Naval li'escnc men can be identified, viz.. David I'oaeli, I'eter Huj,'lies, and Michael Mais; and, ol' those three, the last (.Mars) has been already discharf,'ed, in con.se(|ueni(' of liavinu joined the .Mabama. as will be .seen by the incloseil copy of a Iteport fiiini the Kef,'i.strar-(ienend of . 'teamen, who has lieen directed to make inipiiries on the suliject. " 1 return the printed list of the crew, which accoinjianied yotiv letter, with the IJej^'istnu-deneral's notations aijainst tlu! names. " I am, &e. (Si<,'ned) "C. rAGET." Mr, Mayo to tht Commodore ComptroUer-Gimral of the Coast Guard. " Sir, " General lieyi.itir mid Heeonl Ojfiee of Seu)i\en, Jaaiinry 27, 1864. " In aoconlance with the reipiest conluincil in your letter of the 2r)th instant, 1 Ih's; to acq\uiint you, for the infonnation of the Lords Comniissiiiners of the Admiralty, that the register books of the Koval Naval I'l'si-i-ve have bi'cn searched, with a view of ascertaining,' whether the nineteen men (lescriU'd in the an.icced list as fornnn^; jiart of the crew rif the Alabama beloni; to the I'oyal Naval ]{eserve, and the ftillowin;; is the result of the investii,'ation : — " A seanian of the name of David Koaeh (It.N.H. No. I1,ill!V) is i-ejiorted to have lieen at IJ\eriMi(i| on the 2nil of OctoU'r, lS(i2,and a .seanum of the naine of I'eter Hufjhes (li.N.lt. No. lll,H4'J) is rejiorted to have Ut : disiiiaijied from the (iii-at Ka.slern, at Liverpool, on the Kith .lune, IH()2. As on sulj.se(|uent account ha.s been received of eitiu'r of these Naval Itc.serve nuMi, it is possibh' that they may be the same men as David lioadi and I'eter Hiijihes descrilied in the aceoinpanyinji list of the crew of the Alabania ; but of this I have no pniof "A wmiiaii of the name of Alichael Mars formerly beloii<,'ed to the Itoyal Naval Keserve, but he wa.1 (liseharfied from the force, in conse(|uence of liaviii;; joined the .Alabama. With ref,'ard to (1,|. i-eniainiti".' sixteen men, who are said to li(> mendiers of the Itoyal Naval IJeserve, 1 have to state that 1 havr not U'cn alile to trace them in our books by the names t,'iven. No iici-s i--«.-'( 1 iiiuM iti.^, iiliama t\M'iily-live miles south-east of ( lalvestmi, Texas, during (he night ol the llth .lannary, and was sunk. The action, according to Captain Scmiues' accouul, lasted fnaii I:', to 1.") minutes, when the Jlatteiiis, being in a sinking stale, ceased tiring, and the crew were lomoved oil lioai'il the .\labauia, which there W!is just lime to clfccl before the Hattcras went down. " ;i. In aiisw(>r to Captain .Scnimes' ap|>lication to land his jirisoners, I ie]ilied that 1 hail uu Xhorilv lo give such permission, but would immediateh' iiifoini his Hxcelleuey the LieuKiiant- rei[Uest, and let hill aullionly to give such permission, but would immediately iiil'oini his Hxcelleuey tiovenior of his reijuest, and let him know the answer I received as soon as |iossible. "4. I have the honour to annex copies of my correspdiidence with his Kxeellcucy and his icply, relative te lost in cmnpleting them, takm,;,' in his supplies, and i>rocecdiiij,' to sea in exact coiifoiinity witii the spirit of Karl Husseirs despiiich. C.'aiitain .Semnies gave mo hi.s v.ml of honour thai no unnecessary ilehiy should take i>lace, adding, ' My interest is entirely in acconlance with your wishes on this point, for if I ivimiiii here an hour more than can l)c avoided [ shall run the risk of finding a squadron of my enemies outside, for no doubt they will be in pursuit of Tue immediateh'.' . ,^ , , , ■ , .. " Owing to the delay in receiving the Lioutenant-tfovcrnors answer to my letter i-ehilive to binding the prisoners .roni Spanish Town, it wa« not until the evening of the L'Ist that the permission to do mo reached Captain Semnies, and too late for tliem to Im- landed that night, 'i'be crowded state of the ves.Mel previous to the landing of the iirisoiieis on Ihc nioniing of the :.'2nil made it dilliiult to proceed with the ,iece.s.sBry repairs, and no doubt caused some unavoidable delay. As soon as these repairs are completed, the Alabama will jiroceed to sea. •' I am, &C. (Signed) " Huiiii lH'NLOi-.' CommodoiT JJiinliiji to \'ia-Admiral Sir A. Milm* Kgjy " Ahinkii-, at •/(uiKdrn, hVliriKd'n 7. ISGo. "In oitler to anticipate any exaggeration or false reixirts that may be liiiuhited in the American newspajiers or otherwise, relative to the visit of the Confedei-ate gun-ves.sel Alabama at this |)ort, inul so to save nnneccs.sary correspoiideiicc, I have the honour to state herein, for yiuir infornii'lion, the whole, of the circumstance s attending tiie visit of that vessel from licr arrival to tiie time of her dejMirture from Jamaica. "2. As reiiorted in niv letter of the L'.ird .laiiuiii , , ilic .Uuliama iiiichored in this port al'ti-r dark on the evening of the 2iilb. Sin' coninienccd .epaiiin;.: the damiigcs reccixed in action with llie I"i cle:id gun-vessel Hatteras, the nex morning, at the same time ivieiviiig a supply of prov i>ioiis and co.ii. " ."!. The l,ieutciiiiiit-< "iNcrnor's pcnnis.sioii lor ihc prisoiicis to hind iiol lia\ iiig reached me umil the evening of the L'lst. I'l y did not lea\c the Alaliania niili' the m.iriiiiig of the l'2iid, when they proceeded to King.stoii in iioie bouts, "hicli were provided by ihr I'liitcd Stiiies' Consul. " 4. The Commander of \\w late I'nited Stales' giiii-\cssel llnlleiii.s djil not iA\ on m.', or send mc any communication whatever during his stiiy in this island. " ."). At '.'.'itl A.M. on ibe luorning of the L'lst, tlie Captaiu ot the .bi.soii nmiIiciI on me to ask if 1 had ,oiy objections to otHceis of the ships in bai'l>oiir going on bonrd the Alabama t' to wliich I answered that, as it might be hurli'd to llie b^cliii^' of the otbceis ami men )iiisoiieis on board the Alftbuma, on no account was any one liom any of Ibr Majesty's ships to visit that vessel until after i,ll the prisoners were l.inded. " li. It having siibseipiently been i( jMirted to me that some ollii el's had been on Uiard the Alabama prior to the laiuliii;,' o) the prisoners, l iiie guii-\esscl before iu\ ordi ;• was i. ade known. " I regret that the Captains anil Comni.oiders of these ships should ha\e •.•iveii peMiii.ssioii to their otticcrs pre\ ions to communicating with :iie on the subject, lh>tates' man o|-w ai llial iiiav benaller call la f "II. Two riilled .'states ships of War. the li'li liliioiid ami I'ow battaii, aiilved here in IMol , coidi'i •will piuvimoia'd, and lemained ill porLlla liicbmond four da\ s. .unj ibe rowhattan lliice iIiinm ; the .San Juciulo wa« alto here, and icniaiiieil hair \ui»{inj; him with a violulioii of l$raziliaii soverei^rnty, and iililciiii" him, ill coiiseipieiice ol siicli dis;,'racefnl idiidial, lo leavi' the waters of llia/il within Iweiily- fmii lioiiis. The IJoNenioiof jlaliia thus dcnionsliales that he knows the iiiniliial chavacler of this \csM'l, and is fiimiliar with her violulioii of the soveiei-.'iity ot ISnizil liy destroying,' America" vessids MJlliiii the waters of thai eiiipih'. He knows, loo, liaii tin; Iniperiul (oixeniiiieiit, liy iis acts, had pro- I liiiiiu'il this pirate ^'iiilly of violations of its so\(Mei;iiity, and ordeied him to leave iheir port of IViiiaialo Noronha ; and yel he deliheiiilelv peiniits him to enter the port of lialiia, reliises to rej,'ard ill,, .,|.iil,.st of oiif t'oilsnl, and, at the last accoiinl^, had Imilioured him four days uilliont prelendin,!,' Iliiil his pr selice was not iiiceptalile ! "'I'll J '*l 'lli** 'aonielil, the ports ol Itia/.il are made harhouis of lelii'.'c ali>l placi's of lesial and di'jMirlilii' for tlilt'c pinilical ves> now lieiiu; enacted in this the niiielecnth ceiiliiry, in the I Hills of llra/il, and that tlil'iuiiili no fault ol the Imperial (•overnmeiit- which has alreadv done its wjioie duly as iiipldlv as circiiiii'erial (lovernment will |iri mplly w.\\ iipiMi the olli'udin^; (ioveriiors the punishineiil they have so richly meiitcil. lint it upiiears to the I iidcrsi^'iied that liie Uovernnieiil of llru/il has "till mini her duly to perform, iisell. to the tiovenimenl ,it till' I'liited Stall H. to hniiianitv . and to the i iv ili/.atioii of llie ii^^e, and thai is the capture of tliii Alahiiliiii w lienever she enters II llia/ilian hill liiaii That piialiciil vessel has v ioliiled the .soverei<.'nly y deslioviiif; the vessels ol a liiemlly nation w illiili the waleis of the I'impiie, The (Imvi ni- iiii'iit ol |li'ii/.il. hy lis Dels, has proclaimed ihit tact : mid, niosi assiiredlv , if, w hen i; 1„. i!,. {.nwu t<> ,1,1 Ml, It does not caplnie and di tain lli ' oliciidei, il makes itsell a pally to his ml-,, ,oiii iiiiij n.-, llitt iMiviriiiiicnl ol llie (lilted Slalei iii'l oiilv to look lo Ihiuil for coinpetisiilioii lot injuries iloiie to IIn Kiiiiinevcc within ii ' waters, luil iiIho to hold llia/il responiilile fni iMiiuitlinp this pliate to proiicii in Ills ili'piedatiiiliH upon Aniericuti cotninelie Apjicnilii, Vol. i, p. 'iW. PitftVI. The Alabama. 110 "Tlic I'mleisigiu'd docs not visit uiimi the Imperial (Joverniiient the eonduot of its (lovcrnors towiirds the Floriilii mid (ieorgiii, well ktimviii^' tlint it will, lis lieretolbiv, do its duly in tlie inviiiise.s. I'.ut llie I'liso i.f (he Aliilmiiiii is a vciT difrciriit one. Slie liiis violiilcil tl>c nnitiMlity, mid .Jiilra;.. .! tin, soveivi'mty ol' Hnizil, by eii]iUivin;; and lairiiinj,' Aiiieiinni vessels in Brazilian ■Hiiters ; and if, wl,,.,, T.iiizil possess the ftl)ilitv, mid the (,i)|iiiitiiiiity .'..* -A ./.o(. (/, -,.!/»// li:!, ]«oiciitiary of the I'liiled S(ales at this Courl has dmie me the liolicnir to address lo nic, with a view of eaiiiil^; oiy utieiilioii to a seiimis viohitioiK.f neiilralitv which lias lieeii |X'i])eti'ated,and is now U'in^' )K'i|iilriUeii, liy i«o liepieseiitJilivw of (he liM|ieiiid Coveriiiueiil III the polls i.f I'friimidaini and I'.aliia. " iMr. W'elih, ill ivliiriii).' I'l I III' procccciil coiiliiniiiig or cleiiyin^'iheacls as set loiih In Mi W'eliliandwiilioul eiiiciiii into ail apprecialion of the olHer\atioiis with which he aeiMiupMnies thi' iiaiiiilion of thein, what 1 1,111 III (■nee luosi [MisiliMly deilmv |o jiilll is, llinl llie < li'\ cruliieul of ||i-< .MajeMly llie Klllpelor is lirmli iiNolved lo maiiilain, ami lo miise lo \e inlelvted in the contest, iind •«llll le>< h\ llie ile|e^;iili s of the ( loveininri,! Itself "(If the »ilicerily ol llilv del laiatioii Ml. Welili lias all itiilispiitalile proof in mv note ol ll,i Till insliint ivhitive to the stealiiel /Vlnhama. ol ihe ( oiihdeiale Statis, us iii i| I Vojunliirilv hastcm | lo lailiy lo the kliow|id;.c of Ml. WcMi not iiiilv the olliciiil comnillllli MlloiiN which the Impiiial (io\eHiliielil has ivceivcd ill lt'|.'inil lo the III Is lommitled Hi I'eriiainlaico liy that Kteaniei, liiil aln II,,, IcHolutloiis adopted l>> llie liovernilielit 10 a|>prii\e eiitllelv ol the procei ijin^'x on thai iceasioti III il, I'lisideiil iflelleil |o, and |o usoil |o the necc»»iiry nieasiilis |o h'piiss the iilaises ol the t'lipldili lij n, Alaliiilim, and cause the iieiilnilily of the Kinpiii to he ii'jif^joiisly oliserved " Tliereloii' Ml. W'eMi. certain a.s he luiisi U' ii| llie inleniions I'l the Impeiiiil < ioveiiinii III. mill 1 all the ri-'iKct viliiih this (Joveiiiniiul pii\s to hi* woid, will Hvsutedl\ not he Miirprised Ihat.hii,,;, coitiiii^ to a liiial decision on ihi' iiii|H>rtaMl iicIm which loiiii the Hiili|ect ol the note with ulinli I 1 now occupied, the lm|H'rial I io\eriiliietit should hear what (heir dejepile.i in ihi pio\ ini 1 '. Iiuve to id ;, and sliiaild siri>e s. iiipiiloiislv to \erifv their exaiinesM, " liy llie Fn-ncli puckel uhii h leaves |||i~ poit o|i ihe H.'itli iiislant tin linpenal liiiveiiitneiii . 1 , llie niool (Hisilive iind coia liisive niders |o the |'h Mileiils of lltihiii and renin ml an ,1 that, w ithoiil I. ■ of lime, thev w ill I iiciinintiintlMlly li'poll in H^'NIxI to em 11 o| the m Is ii|le).'ed in Ihe note III Ml Wl : of winch he ii\\tn III (hem lull inloriiiiiliou .\tld, IC' xiHiii lis the ji'ipoVtN lejerivd l<> hall atlive ,Mi U elili iiiav li'h lliiil the lliiiNi:.ii (io>i iiimciil ("ill Hot hi sit, III III put fiiiili i|M liiind |m the menus necessiuy to under etleiinc ih, Ili'llllalilV which It ilti|Hi.M>4 on JlM'll. provided il I1111 lieen Vlojiitiil Mild to Inivti hevond all iIhuI.i |'„ iMirili'ss III lis pliH eedllit' " Miittuinx iiivsejl that thin hriet uii«\tci uili liuiajuilli/i .Mi WcUli I pmlii l.\ ihe iKCiimni,, ,\, StKiM-d; " A4aiii,>i'In hAhhami- The Oo at the comn contained the " The Con mcnt dc fiiHi), 1 refuse tliiMn, wi It being prizes within Governor of ( deprived of h Brazilian Gov days. Some fur Foreign AT -n of the Provinc recognizp'I tlie and the " i'lor states, these vt 31 r. Webb, ho' of Brazil by us admitted info a On or abo west coast of A The ("onsu the following lei " Ilis Eveelleiicv ^ " Sir, " From relialil war-sleaiiiei' calle war, iV'c, " The vessel i America, mid esc: (iovelllliieill e\ai l| " .VoM- as yon nut l'ecii;;iii/e ! lie to should he at onl thai the itrilisli (I to seinl lier hoiiil received such insl| resperlliillv pi'oti Ik>cii at S.ildmili,a riu'li' lo I 'iiiaiii an head of ' iiecessiir\ piifts alter she lia-i iiccordancc with ill The sfalciJ ciToneoiis, \'n| liy lirilisli law Sir, " I am direcil hiilive lo the .Mil "llu Kxccllel iillil he ilesHes nj lltt illlllllll, NlllllllH |ii«iii llefiiilherl ■ The coliise IMIIV Willi the |||s||| * Atn^nUix, viij. i. |i. Ml) ' .V|i|)i-iiin \vitli the necessavy restrictions, tlie cliaracler ol' liellii,'erents wliicli lliey have assumed." It beiiiK alleged, however, and (as it a|)|)ears) proved, that the Alabama had made Ves within the territorial waters of the Island of Fernando do Noronha, and that the r vornor of that island had taken no steps to prevent this or protest against it, he was l' '■ 'cd of his oliiee by the President of the- Province ; and this act was approved by the B--/ilian Government. The Alabama remained in the port of Bahia for eight or nine Some further correspondence i)assc(l between Mr. Webb and the Brazilian Minister of Ffireieu Af^'rs, in the course of which the latter vindicated the conduct of the Presidents f the Provinces of Pernambuco and Buhia, and declared that, since Brazil had originally recOKuized tiio Confederate States as belligerents, and had not witiidrawn that recognition, _^j tl„. " rionda,"' " Georgia," and " Alabama " b( bore the flag and commission of those States tliese vessels had been rightly trcat(.(l a^; beliij^crent vcsscl.s of war. He informed ]\Ir. VVcbb, iiowcver, that since? the '• Alabaniii" a|)pcared to have vidlated the neutrality of Brazil bv using K&ta Island as a base of hostile o|)orati m,s, she would not in futiuv be admitted into any Bruzilian port.t On or about the 29th .July, I8f)3, the Alabama arrived at Saldanlia Bay, on the south- west coast of Africa, and in the vicinity of Cape Town. The Consul of the United States ut Cape Town, on the 4th August, 1803, addressed veiiiiiieui nivi> tu ^g jljg following letter to Sir Piiilip VVodehouse, (jovernor of the Cape Colony :— J " Uiiiliil Stiilis Ciiii'idldli', r«/h' Turn;, AiKjust 4, 18G3, "His K\ci'll<'lli'y ^''' I'liilil> I'"- Wodelmiise. "Sir, " Kroia n'lialilc iiil'onnation received liy me, and wliieii you are also do\ilitless in pos.se.ssioii of, ii wnr-^deaiacr eidleil the Alabmna is now in Sid lanlia Hay lieiiif; ]minted, diselunv'ini,' prisonei's of war, iVe. , , , "Tlie ve.sm'l in (lUestioM was iaiill in Knuland, to )avy u|ion tlio connnelTe ol' the United .Slates of Aineiii'M. and escaiieii tliereritiin while on licr trial trip, lorl'eiliiiu' lionds ol' '.'ODiei/^ wliicli iln^ Jlritisli (oivernna'nt eMieted iindei' the Korei^n iMdislinenI ,\cl. • Xow :is voiir (lovernnienl lias a 'Piealv of Auiily and Coniiiieice with the Initeil States, and law not ree(i''ni/.e ! llie perons in revolt aj^aiiist the Tniled Slates lis a (loveinnient al all, the vessel alluddl til should lie at once seized and sent to Kn;,diind, IVoiii whence she clandesliiicly esea|iei'i. Assuming tiiiil the Itiilisli (iovernmeiil was sineeii' in exacliii^' llic lionds, you lm\e ddulitle.v-i liccn iii.-.ivU''tcd to send her home Ui Kiejl md, w iiere she liclnn;.;s. Hut it', IVoni some oveisijilil, you have not received such instructions, and you decline the it'siioiisiliilily of making' the seizure, I would most rcsiici'tfaliv iiiiilc- (Sifoied) " L. Adamsox, " For the Colonial Secretary." The facts wliicli occurred, and the qutstions which arose, whilst the Alabama remained within the limits of tiie Cape Colony, are stated in the following despatch, addressed by the Governor to Her Majesty's Secretary of State for the Colonies : — * (,'nirnior Sii' /'. ll'di/./nins, lathi- l>iih- of Xfi'rn.Kll,- fK xtract "I uuecl fnH'i'nntU'U lii'u' 11 take lliiw ii)iporl unity ol miikitit; your (iriii'c iU'iiuainled with whiit hits occunei t If(iiisi\ f'lijir Toirii, Aiiffiis/ 10, ISfi.'f. lilh tlic\isil iif the riinfederiitc .Stnlcs' stciiuiei' .Miihiinui here i„ 'Ou T Ul'SililV IMI' 4lli iusliiut I icti'iMMl a h'tter from the ('oMnnainU'r of that vi USt ill Nl .\U,L I'cpiiirs. our ncu'riilil\ . SaMaulu r.i aunouMi'iU'' Ins liavniL,' i niered tlial I dateil tli( lav Willi a vit w to elVedin;,' cert d siatiiii; that he wouM put to sea a-i soon as they were eompleli'd. and wo\ild strictly resi aiii W icu ihis inlclli";en. 'vas rcci ivcc the I'niliMl Slates' Ciinsul cillcdoi 1 iric to seize her, or P.l nile to scud her auay iuslaiillv ; hut as thi' \>'s-cl w hicli hriai;.dit the news rejiorteil that tint Al any was comiuj,' imiukm enfoive the ohser\a'ic haleiy to 'I'aiilc Hay. I replied that I cnuld not sei/c her. hut «o\ild tak il the neutral rcLTU hili< aonuiii c care |i, 'On llie iiexl day, ahout iinnn. it was leporlcd Imiu liie sif,'nal stalioii that tiu' Ala! laiiia wii sleerin:j' for Tal)li' l'>a\ from tiie north, and that a Kedcral haiipic was couduj.' in from llic wi'.stw; ami siKin aflci'. that llic I.itlcr liiid hecu ca|ilurcd and pul ahnul. A lillle at I'M. the I'nited Stu Consul calleil lo stale thai he had seen tlie capture cclcci w itiiin Itritish waler.s; « iu'ii I told 1 iini L. uiust make his slateuieni in wnliiif.'. and an invest i^Ml inn sl^add he maile. I alsci, hy Itlc^'ram, inuii dialel. iviincsicd the Naval Cnuiiuaudei-in-cliief loscnd a ship of war Iroin Simon's l!a\. Tlic Alahaii 'i|ii< ieaviii',' her piize oulside. aiichori'd in the hay at .'Soil I'.M,, wIhmi ( 'aplain Senniies wrote to nii, tl wauled supplies and ivpaii-s, as wdl as pel i'ln to laud thiilv-th rec prisoners. Alter comm with the I'liiled Slates' Consul. I autliori/ed llie laUer. and called u]>on him to slate the natnr I'Xtelit ot his wants, llial I mi>,dil he eliahled lo Jnd^: .siini' aflcrnoiin he piomi-ci lal III unicalii. I h the tinii^ he on send the ne.\t mianiiij,' a list (if the stores needed, ami iiim to state the nature mnl >;ht to lemaiii in (lort. Xli.' announced In intention of ]irocei'dini,' with all dis|ialcli to Simcai's llav to etfcct his repairs tiicie. The next iiKaiiiii' Hed (ilth AuLrusI: the Paymaster ca • 'ninled him lea\e |o slav till iinnii (i| the Till. • 11 me Willi the luercliant wlio was In turiiis h till lpld les, aihl I (In the iii^dil 'if the ."ith Her Majesty's ship N'alorous had come round from Simon's liav. Iliiii the ni^dit of the I'.ih lln itliei lieeame nnlavourahlc ; a vessel was wreiked in the hi id a liiMw morning of \l. sea pre\('iiled the Alaliama fnuii reciMMii:,' liei' supplies hy the lime arranp'd. (In tin Sih. Caplaiii Foi-svlli, of the N'alorous, luid thi' I'orl Captain hy my ilesirc, pressed on Captain Sciiiiin, the necessity for his leaving.' the port without any uiiiiecessary delay : when he pleaded the coniiiiut.: leavv sea am I the atiseiH'e of his eookini.' ap|iiiralns. which hml Im'cii sent on shore for rc|iai mil iK'cn 11 Inriied hv the Iradcsm 111 al the lime ap)Hiinleil, ami inli led I •s and lis own anxiety hi ^fe| ; a,\' capiinv.i lielweeii li iiiid 7 A.M. on Siiiiilay the tUli he Hailed, mid on his waN round lo Simon's lli iiiiolher vessel. Iiiil oil lindiii^ thai she wiis in neutral waters, iiiiniediatel\ reh'ased hei " III the meantime the I'nited Stales Consul had, on llie 'illi .\uunst, addressed in me ii wiin, slaleliieiil, that the {'eijeral liaiipie Sea Hri le had Ik'cii liikeii 'iiIkmiI four miles Irniii llie neai'est and nlieailv in llrili>h waters;' liieli I promised imincdiale iiii|iiii\. The next dav the C iiiiii rt'pealed his prnlesl, siip|ioiliii>j II In an allidavil nf ihe master of llie )iri/.i', whi. Il he held t( llial she hail Ueii lakeii ahnul I v\ n miles and admit Imui ihe hind and lliea;4enl fnr llie I'liited Stan, iinderwiileis, nil ihe s.imc iLiN , made a ^illillai prnte-l I'll the Till, llie Consul lepii'seiiled that II, prize had. oil llie pre\ lolls day. U'eii lii'nii;.dil within one mile and ii-liall of the li).'h|diiiiise, whii h |.. eiilisiili'11'd ii>< iiiueli a \ Inhllioli nf the iieiitralilv as if she had heeii iheii' rapliiied. Hid asked liii' l., Iia\e llie pii/e erew laki II nut, and leplaced hv nne Iroiii llie Valoiniis, which I decliiiei I had, iluniiu' ilii- I'dinil, heeii seeking; Im anlhcnln inlnrmniinii as lo ihe real cinunisitu the eapliile, mnie pniliciilaily w ilh ivleiencein ih,' nitiial dislance fmiii the shnie.and nhlained tl the Actiiij; Atlnrilcv-lielienil, statements from ihc Keejii'r of the (ilcell roilit I,i^;hthnilse al Kilppnrlerl hy the Ciillectnr of CusUiiuh , from the Mijiiialmail at the stulinli on the I US «IH ion s liuiiip, iiii'l finm an experienced iKialiuaii whn was passiiij; hetweeii the short' and the vessels at the lime, ( I'oIsMIi, of the \'alo|i,iis, also mil iiiid made kiinwii ihe result In m Vessels Wele not leis ihun fnill llilli Stales' I'niituI thill llie cii|i|lllv cm which il was eljei tc le iiiipiiiic', nf ihe Captain of the .Mahiiimi, and nf the I'nrt Cai .\llll Irni lliese sliilellients. I ciinie 'n ill aplaiii liilli Mill Imiii liiiel ; Mild nil llie .H| |i j cniillull lliciitcil to the I lid iml. Ill IIIN npitllnll. he helll In U' i||eL.>ll1 hv e colicjUHIoii lliiil ill lllli'i ri'Msiin of the pin * Appcndii, vul. i. p. 313. " In his re; if, in these days land. This pas were not witliii that it was not decisions under " An iinpoi that I should, a. Captain Seiniut previously tiikei htm in Simon's €ommander-in-( , •|j_^j,_j,.j' ],y ivcjuested me to furnish him with a legal opinion; and whether tliis vessel ComiiM ^ ^^ ^^^^ '^ ^^^.^^ ^^j. ^y,„. )„,)„,.y g],g \^f^^\ ii(,y|, fi innallv coiiilennied in a Prize Court; or whether conn le ^^^ ^^^ ^^^^1 ^^^ j^^^ ^|.j|j ^^ pj.j^e^ n,i,i „s sudi ]ir(ihil)ited from entering our ports. The Acting AtV""^' (ieiiend, founding his opinion oa Karl Itus.sell's des])ateh to your Grace of the 31.st Janiiarj', iflr°""\ on Wlieaton's " international Law," stated in sulistance tliat it was open to Captain Semmea ^ ' " , fi,,u vi'Msel into a sliip of war, iind tliat she ouglit to ))e ii(huitted into our ports on that ,to coiiveit tl'is MN""^' ' 1 ■ .-. 1 toounj,. ^^^^^ ^^1^ Augu.st tiie vesscd entered Simon's Bay, and the Admiral wrote that she had two 11 rilk'd "uns vith a crew of leu men, and that her cai'go of wool was still on board. He was still doubtful of Till' ]iropri'>.ty of admitting lier. "On the ll't'.i August, after further consultation with the Acting Attorney-General, I inionned Sir Tt- 1 Iwin Walker that, if the guns had been put on board by the Alal)arna,or if she had a con. mission of ■' V or if .she weit! commanded liy an oHicia- of the Confeilerate Xavy, there must be held to be a sufti- ■ien't setlin" forth as a ve.s.sel of war lo justifv lier admission into port in that eharaeter. "Tile A'tii"l- Xeitiu'v of tiiese ve.isels was i.llowed to remain in port longer than was really necessary for tlie comiilelion of their re,iaiis. " On the Itilh, at noon, tile Georgia, anoliier Confederate war-steamer, arrived at Simon's Bay in need of reiuiii's, and is still there. "Beloie closing this despatch I wish jiarticularly to request instructions on a point touched on in tlu' letter from tiie I'niteil States' Consul of the 17th instant, viz., the steps which shoiihl be taken hero in the event of tlie cargo of any ve.s.sel captured iiy one of thj belligerents lieing taken out of the prize at sen ami li!'<«iglit into one of our jiorts in a Hritisli or other neutral ves.sel. " liotli belligerents are strictly interdicted from liringing their prizes into British ports by Earl j{us.sell's letter to tlu^ Lords of thi^ Admiralty of the 1st .fune, 1 SHI, and 1 conceive that a Colonial Cioverniiicnt would lie juslitied in enforcing eoiiipliaiue with that (ader by any means at its command, and bv the exercise of Ibrce if it simuld iie rei|uired. " liut tint letter ii'feis oidv to ")irizes," lliat is, 1 conceive, to the shi))8 themselves, and makes no mention of t'le inrgoes they may inulain. I'ractieally, the ]iroliiliition has been taken to extend to the (■a^'oes; and 1 gatiieied. tinm a ( niiversalioii with Cajitain Semnies on tlie subject of our iieutmlity reirulatiniis. that lie cnnsidered hinisi'll' deiiarreil from dis]iosing of liiein, and was thus driven to the liestnuliou (it all that he took. Itut 1 lonle.ss that 1 am nnaiile to discover ii" wliat legal means 1 could iireveiit the iiitroduetjon into our )iorls of eaiilured in'oiierty ]airchaseil at sea, and tendered for entrv at tia' Custoiii-hciuse in tia usual form tVoiu a neutral ship. I iiave eousulled the Acting Attornev-Geiii'nd (' Sir 1'. Woiieliousc were referred to the l.«iw Orticers of the Crown, who reported on them as follows:— * Opinion, ..>|v [,,,1-d, " I.iiiotlnn Inn, oii. . , . " 111 ohedieiice to your Loixlsliip's coiiiniuuds we Imve taken tliese pajiers into considemtion, and '.ave the honour to ii'povt — ,,,.,. "That, so far as relates to tlie caiituie ol tlie Sea Hrule lufule My the Alaliania, it ajipears, as wo undei-sta'id t lie e\ndenee. to have lieeii elVeeled licyond tlie liistaiiee of thive miles fnuii tlie sliove ; and, as we have alwady had the honour to report to your [.ordship, tliat distiiinc niiist lie iieeepted as th,. limit of teiTitorinl jurisdiolioii, aiMordiiiix to the invseiit rule of international law ujioii that sulijeet. li appears, however, (hat this prize, very soon after her eaiituiv. was Imni^ht vvitjiin the distonee of tw,, miles from the shore; and as this was eonirary to Ikr Majesty's orders, it tni<>lit have adbnled just gl-ounds (if the apohiuy of ( "ajitaiii Seiiiines for this iiiii>roper ai't, whieh he iiscrilied to iiiadvert^noe hfld not heen aceepti-il hy Sir riiili)! Wodehousc) for the iiiti-rfeiviice of the authorities of the Cajn. Colony upon the priiieiides whieh we are ahout to exidaiii. "Seeondly, with respeet to the Alahaiua heiNelf, we are I'leaily of o]iiiiioii that neither the Oovernor noi' any other authority at the Cape eiaihl e\eivist> any jurisdietion over her ; , mil that, whatever was her previous histoiy, lia'y ufif lioiiud to tn-at her as a ship of war lielon^;iii,!,' to a lii'llijicreiit I'uwer. " UlHUi the third i>oint raised with ivi,'aiil to the vessel ealled the Tusealoosa, we aiv not aide i, a"il'e with the ojiinioii expressed liy the Attorney -(ieneiid ol the ( 'a])e ('(doiiy, that she had eeased tn have tlie clai'iieter of a jaize eaii'.uied liy the Alaliaiiai merely Kreause she was, at the time of hpi beiu;' hrou^dit within ISritish waters, ariiieil with two small ,Lruiis, in etiar^c of an otlieer, and iiianiifd with a eit'w of ten men fmni the Aluliama, and used as a lender to that vessel, under the authority ni Captain Seinmes. " It would apjiear that the Tusealoosa is a lianpie of odO tons, eapluit'd hy the Ahiliania off tlio coast of Brazil on tlie 21st of .luiie last, and liroii,ulU i .lo Simon's liay on or liefore the Tth of Aiij^nst, with her orii^inal eari;o of woed (itself, iis well as the vessel, luize) still on hoard, and with iiotliin^t to },'ive her a warlike elinraeter ''so far ns aiijiears from the papei>; hefoie us), exeejit the eircunistaiiip^ already notieed. " We therefore do not feel lalled upon, in llie cinuuir'ianees of this ease, to enter into the ([iiestion whether, in the ease of a vessel duly eonimission"(l as a shiji of war, iitier iH'in;,' made ]irize hy n U'lli^rereiit (loveriinieiit, without lieiii;;- liist liroiijiiit in/in /imsiiliii w eoiidenine(l liy a Court of I'riai. the elmraeter of ])rize, within the meaniii'.' of Her Majesty's ordei's, would or would not lie nievj;eil ji, that of a national ship of «ar.' It is eiiouvdi to say ihat the eitation from Air. Wheaton's hook l>y tlic Colonial Attoriiey-tienenil does not appear to us to havi' any direet heaiiii^' upon this (piestion. •■Connected \iilh tlii- sidijei't is the i|uestion as to the ear,t,'oes of eajitui-eil \essel«, whieh is iioti<">d at the end of Sir riiiliji Wodehouse's ijesjiatidi of the I'.Mli .Vuiiust last. We think that, aeeoixliiif,' ,i, the true interjiretation of Her Majestv's t inieis. they aj^dy as mu(h to jnize eart,'oes of everr kind whieh may he linni^'ht hy any armed ships nr ]irivateers of either li(dli}.'eifiit into ISritish watei's as t.i the captured \essels ilieni.selves. They do not iiowever, ajiply to any articles which may have formed part of any such eai'j.'oes, if hiiaiLdit within Urilish jurisdiction, not liy armed shiiis or ]irivateers .i either lH>lli,!,'eivnt, hut hy other )ier«oiiswlio mavlnnc aci|uiii'd "or mav (liiini propeitv in thi^m li'. reason of aiiv dealin,u's "itii the i'apt Imri hi,n niplvi-id In/ n s/n'i) nj vxir of till Coit/'iilirti/i Slutis, she was entitled to refer Her Majesty's (Io\ernmeiil, in case of dls])nte, tn the Court of her Stale.-., in order to sati-ty it as to her iimiI c liaracler,' appears to us to he at viiriiUKv with Her Majesty's undouliied ritdit to ilctermine, w itliin her own teiritor\ , wiiether her oiilers, nifidc ill vindication of her own neutrality, litive heen violali'il m not "Tlie i|ni--lioii remains. «liat course ou;,dit to have liceii taken hy the aillhoiities at the Cape. Iir»! in older to iiMcilaill whether this vessel was, as idlej,'ed hy the I'lliled Stales' Consul, an uncomieniiinl I'fize. lmiuj,dit within Ihili^h waters in violation of llei Maie-ty'< neiitialily ; and sccoiidU, w hat oaul,' to have Ik'cii cjoiji' it -lich litnl appealed lo 1m' ivally the lad ' We thiliK that the alli'^'iitions of t||i> United Stat4'N' Consul oiiithl to have heeii iiioiitJit to ihe kiiowli'dnc of Captain Seiiinies, while iL Tn- and most piiipei for ihe vindiiali f her leriiloiial li^;hts, would not have Ucn lo pnihiliii il xerciw o| iiiiy further loniiol o\er (he Tiiscaloosu hy the ia|itois; ami to retain tlmt veMsel under llei Majesiv'« eoiitiid and jiiii-diciioii until pimn'rly leidainied liy her oiit.'iiml owner- 'Si|/iicd ■ limsMKi.i, Talmki;. I!. I'. Cnl.l.lKH. KollKin rilll.I.IMn|;| liiRtructions in ucconlaiiff with this opinioii wi-rt' Hccditliiiijly noiit to .Sir I' Wo{|cli()ii«c.* * Appcndii, vol. i. p, nS7. :^-^^^^,jmmi^i vmmm isidcrotion, nnd 115 In connection with the above correspondence it may be convenient to state here the subsequent history of the Tuscaloosa. Tlic question which arose as to this ship was not whether there had been a violation f the law of nations or of Her Majesty's neutrality, but whether the orders issued by Her Mftiestv's Government, that no prizes should be suffered to be brought into ports within Her Maiesly's dominions, had or had not been infringed. This again depended on the stion whether the Tuscaloosa had or had not been divested of the character of a prize. Tl Governor of the Cape Colonv was advised that she had, and he accordingly permitted Vi to depart. Her Majesty's Government ws advised that she had not. She returned to S" n's Bay on the 26th December, 18G3, and was then seized by the Rear-Admii-al ' 'mmandiu" on the station, with the concurrence of the Governor.* Directions were '^^bscouently sent by Her Majesty's Government that she should be restored to her r mniander Lieutenant Low, on t!x sj'cciai ground that, having been once allowed to t • and leave tlie port, he was fairly entitled to assume that lie might do so a second t • e t She v/as not, however, actually given up ; Lieutenant Low having left the Cape at fl time and there being r i one to receive her. At the conclusion of the war, she was 1 anded over to the Consul of the United States as the representative of her original + Afiuthcr question afterwards arose respecting certain goods which had been imported bv a French ship into the Mauritius, and had been claimed by the United States' Consul there on the ground that they had formed part of the cargo captured by the Alabama in the Sea Bride. Tills question having been referred to the I^w Officers of the Crown, they reported on it as follows:— § T/ii' Ldir Ofiircfs of /III' Criiii n fn Enrl liiis.-iiil. '• Mv Lonl, ' ■^""'''''"'»' ^'1". ■■'/",'/ 11. 18G4. '"We nri' liuiiiiuifil willi ynuv Ldnlsliiii's iiimiiiinuls sii;iiilicil in Mr. Mumiy's letter of the "th iiislaiil, sliiliii'4 tlmt lie Wiis directeil liy your Lnrdshiji lo transmit to us the (iiipei's us luarkeil iu the iirtnii ivsiieitiii'4 sniiii' •ioo.ls wliii'li liiid liecii lu'ou^hl to the I^Iinivitius in the French hiunuu Sirene, ■nidl'or'the detention of winch ii|i]ilieiition wiis iiiiidc liy the l.'nited Stutes' Consul to the tiuvenior of tlie Colouv', oii liie ground ihnt they hud I'ornied jiiu't of the eiu't^o of llie (/oufedeniie jjiize Sea Bride; j T^f,. '.Muiriiy stuted tlmt we shoidd oliserve fi'oni tlu' letter (Voin lluf (.'olouiiil (."Itlice of the "ih ii'isliiiil. 'hut y\v. Secrelury Cuidwell is of o|iinion Ihul, us llie ciueslion of llie ^'enerul iiistruotious ii lie issued to the ( ioveiiiovs of Her Mujesty's Colonies wus hnuiylit uniU'V our ecuisideratioii in \lv I.iWMvd''^ letter of the llitii nllinio, it is desivalile that we sluaild also Imve liefore us tlu' ]iaiiers now sent to us. relative to the (hspusul of the earj^oes of jirize vessels liron;,dit into u eolouial jiort in Briti.sh >r other neutral vessids ; and Mr. Murray was ueeurdinirly lo renuest that we would tuke these papers into ron-iideration, tofxetiier with those lutely liefore us, und endiody in the jirojiosed instruetinns to the Colonial (invernors sni'h ihreetions as we may eoiisiilei- advisalde on this ]iarlieular head. •• In oliedienee to your LordslMji's eoiiimaniN, we ha\i' taken these ]ia]ieis iuiu consideration, und have the hououi to report that, after considerinj; these paiiers, it does not ajuieur to us to lie ueees.sary to niuke unv clianjic in, or addition tn, the diat'l inxtiuclions |ire)iured liy us, |UM'suunt lo the recjuest conveyed in Mr. I.ayard's letter <•( the lillli ultimo. "Oiiestions such as that lately rai.sed ut the Ma>iritius liy the I'uited States' Consid with resiu'et to the car"o of the Sea Bride, must he left, in our opinion, to the civil triliunals. The Kxeeutive (Mivernmcnt hn.s no authority lo disrej^ard or call iu c|uesiioii the /n-iiiui /m ii- title, evidenced l\v iirtsscssion. of a private iion-liellij,'erent jierson who lirin^.;s ]iropcrly of this (|e.seri|itioii into u neutral purl whether he lie a forcij,'ner or a Ihitish suliject. .Viid theiv \h no foundation in law for the idea tli.it a valid title cannot he made to properly liikeu iu war, hy oiKUny from eiieiny, vvithonl a prior sentolicc of condeniMulion. " The uli^cnce of siuh a sentcm 1' ma\ !"■ material wlu'U the i|uestioM is whether captured j^ooiU, lirou'dil l'\ a lielli;.'cieiit siiip of war, e.\empt lidmii\il .jurisdiction, into a neutral port IVom which priz('s arc Cxcluded, oM^hl to lie rc;,'arded hy the neutral CoveriMuent u.s still haviiiu the character of iiiizc' lull this is aho;,'ellier dilfcreul tVi iii .i na'te ipU'^linn of prii|icrtv in thi' f;oodH themselves. ' ■ ' " We have, &e. ^SiKlledl " I'OL'NUKl.l. I'Al.MI'.l!. " It. I'. Cnl.l.lKH. " UODKIIT I'lllI.I.IMulli;." Part VI. The Alabama. sent to Sir I' It has been prcvidiisty staled that the Alabama sailed from Sinton's Ray on the l.'ith Aiicnst. On the Kllli Scptemher siie reliiriK'd tliithpr,j| and soon afterwards sailed for I lie Inilian sea><. The UniU-d States war-steamer Vaiiderhilt had in tiie interval visited hotli Cant- Town and Siiiunrs |!ay, lOiiled. and departed hir tin- Mauritius, She l>.;ul nrcvioiislv coaled at St. lleioiia, and at llu' Mauritius she uhtaiiu'd ti renewed supply. Tlu; ■VpiiendiN, v.il. i, pp. ;i»(l-!Jfi. § Ihid , p. .1,56. 1 lliid , pp. :iri- ;!ii. II loid., p. I Ibid., p. ;i03. .T25. O >' Part VI. The Alabama. 116 Alabama touched and coaled at Singapore on or about the 21 st of December 1863 returned a second time to the Cape of Good Hope on the 20th of March. 1H64 ;• and thence proceeded to Europe, anchoring, ?n the llth June 1864, m the port of Cher- bounr The United States' Minister at Pans, Mr. Dayton protested in -.i.ang agamst her bein?received into a French port.t She was, however, admitted, and suffered to coal and to make such repairs as might be necessary, but did not obtain permibsion to enter the "^^On'the 19th June. 1864, she engaged the United States' war-steamer Kearsarge, off the coast of France, and was sunk, after an action lasting about an hour. Some of her officers and crew were picked up and saved by an English yacht, which happened to be near at hand, and some by a French pilot-boat. With reference to this incident some correspondence passed between Mr. Adams and the Government of Her Britannic Majesty, Mr. Adams erroneously contending that it was the duty of the owner of the yacht to surrender the persons whom he had picked up to the Captain of the Kearsarge. To the representations made on this subject Earl Russell replied : — t Hurl EubScH to Mr. Aditmi: „ gjj, " Forfiijn Oj/in; June 27, 1 864. '" I have the honowr to acknn\vledj,'e the leeeiiit of your note of the 25'th iiifttant, eoniphiiiiiiijidf the interference of a British vessel, the Deerlioiiml, witli a view to aid in eHirtin^r tlic eseajio of u number of pei-sons heloiisiing to the Akhania, v,ho yo" state had aheady siinvndered tiienisclvos iilisonei-s of war, and (idhnj; niv attention to the remarkable jiroportion of ollicers and Amerieau insiiiwuts, as wmpared with the 'whole numliei' of jicrsons resiued from the waves. \,n\ state, further, that vou can scarcely entertain a doubt that this selection was niadi' liy Hritish subjects with a view to connive at the esca])e of these i)articular individuals from cai)livily. "I have the lamour to state to yon, in rcjily, thai it appears to me that the owner of the Deer- liouiid, of the Itnyal Yacht S(|uadroii, performed only a comnion duty of humanity in savinj,' from tln' waves the t'apttiiii and several of the i rew of the Alaliama. They wmdd otla'rwise, in all probability, liave been drowned, and thus wiaihl never liave been in the situation of jaisimers of wiir. " It does not a])pear to me to I'c any part nf the duty of a neul.id to iissist in makin,i; ]aisoners uf war for one of the lielli^'creiils. " I shall, however, transmit to the owner of the Deerhoui'd u copy of your letter and it.s inclosua'f, together with a copy of this letter. '• 1 am, &e. (Sijifned) " iii'.ssKi.i," The following correspondence also passed between the Captain of the Kearsarge and M. Boutils. who is stated to have been an agent, in France, of the Government of the Confederate States : — § Vtijilcin U'irts/oii; {rS.X, tn M. ISimJiU. " Monsieur, " I'niln/ ,SV«^.-,■ .v/i in// -«/(//) h'lur.tn n/i , fc 21 ,fiiiii, I8tlj. "Certains cinots de (lilots, auxipiels j'livais permis, par humanitt'. de siiuver iihisieurs |Hisiinniei lorM|Ue I'Alabanni cut sondav, les imt ameTies a ('herlHau},'. I'es otbeii'rs el homnie.^ d'i'i|ui|ia;,'e n'cn Hint )ias luoins s(mmi> aux cilili^'atiiau. 'pu' la h^i de hi ^;uerri^ imi"ise; ils sdut nies prisunniers, et ji; (lemande ipi'ils se rendent a bord (hi Keiiisarj;e piair s'y eonslitiier prisimniers. Itiins le iiw (pi'ils clii'rciieraient a se delier ile cettc olili^jaliim a hi favenr malbeureuN mit iriaiM' refu;,'e, "■le no I'dimais auenne |n| de |,i ;.'uerre i|ui empei he nn sciMui do s'l'ihapper •I'un c liamp cir balailli^ apres im re\ers, lurs meine ipi'il aurait I'tc di'ja hill pii'-niinier, el je ne Miis pa.', piiiinpiiij uii mariii ii'cii piMirrait pas lain' aiitant a la naj,'e. .le dnis refuser d'a^'ir conime vntre iiilemirdiiiiic aii)iii's de ceitaines personiies (pie \oii-, ne iKimme/ iiieme pas, et ipie iii'MiniiKiins voiis nVlaiiie/ cdinnie I'lunl mh pri.ionnieis. ".le ne )Pllis lion pin-* eoniprelnlie iniiiiiielil li'S aillorili's des Klals I'liis peuvenl plvleliche I'eleliiv (lu« jiiisunniers dans les limiles de IKnipire I'rauiMiis. ".le snis, Ac. fSi).Mie1 " ltoxni.s." • Ajipcmlis, \«\. i, p. 372. f 'li'il'. P' ''^f'.. ^ Ibid., p. .ISO. ^ Ibid., ;jim. .MM^Mf.' 117 After the original departure of the Alabama from Liverpool, many communications were from time to time addressed by Mr. Adams to Her Majesty's Government, in which he dwelt on the circumstances that the vessel was built in England, and subsequently received her armament from England ; that coal and supplies had also been procured for her from England ; that many of her crew were British subjects, and that their wages were paid to their wives and families in England, through merchants resident at Liverpool. These circumstances were repeatedly referred to by Mr. Adams ; and, in a letter inclosed by him to Earl Russell, dated the Ilth January, 1864,* and written by Mr. Dudley, they were enumerated as proving that the Alabama ought to be deemed a British ship, and her acts piratical. The Law Officers of the Crown were requested to advise the Government whether any proceedings could be taken with reference to the supposed breaches of neutrality alleged by Mr. Adams and Mr. Dudley, and they reported as follows ; — t PartVl The Alabama. lid its iiiclosuit'.' Opinion of Law Officers. " Wo are of opinion that no pvoceecliiij,'H caii at jireseut lie taken with reference to any of the matters alleged as breaches of neutrality in the iiccionipanying printed papers. " If the persons alleged to l)e Englishmen or Irishmen who liiive been serving on Ijoard tho Alabama are natural-born Uritish subjects, they are \uidoubtedly oHenders against the Foreign Enlist- ment Act. l^ut, not being (so far as it appears) within British Jurisdicti no proceedings can now be tjikeu against tliem ; and it is, inider tliesu circumstances, inniecessary to u.iter into the (piestion of the sutliciency or insufficiency, in other re.sjiects, of the evidence against them contained in .lohn Latham'd affidavit of the Stli January hist. Wiicther any acts were done witliin the Ihiitud Kingdom, to induce all or any of these persons to enlist in the ('onlcderate Service, or to go abroad for that purpose, which would be punishalile under the Foreign Enlistment Act, is a cpiestion on which lhe.se ])apers throw little or no light ; certainly, they furnish no evidence of any such acts against any jiersons or ijcraon now within British jurisdiction, on which any proceedings could possibly be taken under that Statute. " So far as relates to the supply of coals or other jirovisiona or stores to the Alabanni, and the iiaynunits made to relatives of seamen or others serving on board that ship by persons resident in tho lountrv, we are not aware of any law l)y which such acts are prohibited, and therefore no proceedings can l)e taken against any pei-son on that account. "So far as relates to Mr. Dudley's argument (not now for the finst time advanced) that the Alahaiiia is an English jiiratical craft, it might have been enough to say that Mr. I )udley, while he enniiierates almost everything ivliich is immaterial, omits everytliing that is material, to constitute that eliaractcr. Tiie chanu'ter of an Knglish ])irate cannot ])o.ssibly belong to a vessel armed and com- nii.'^sioned as a public shi]i iif wur by the Ci in federate State.'*, and commanded by iiu ollieer beh)nging to the navy of those States, under thei authority. Such the Alabama undoulitctlly is, and has lieen, ever nincc slic (irsl hoisted the Confederate Hag, and received her arnumu^nt at Terceiin. Even by tho schedule to .lohn Litham's alfidavit, in wliieh he describes the greater ])art nf her petty otlicers and scauien (on what evidcni'c we know uol) us Englishmen or Irislinien, it a])pi>ars that twenty out I'f the twcnty-tive .superior officers (as well as the Cai)tain) are not so dcscrilied ; and of these twenty (itflcers one is stated to be the lirother-in-law of the President of the Confederate States. It is to be regretted tliat, in any of the discussions on tiiis subject, so manifest an abu.se of language as the application of the term ' English piratical craft' to the Alabama should still be permitted to contin\ie. (Signed) " Ivoi-ndkll 1'almei;. " K. 1'. COLLIEK." A. WiNsl.ciw." \ Mill I ,ilel> .1'' el re .iilrrs.'.i'f .III 'hani| 1 ih' batiiilli' lol 111 iiiarin i I'll liairt llil]ires dr ciiiMiiie I'laiit \nH plvle idle I'eli nil IM, .V lldMll.s Summary, The Alabama was built at Birkenhead by a ship-building firm which had for a long fimr curried on a wry extensive business. The building of ships of war required for the imc nf foreign (Jovcrnnn'nts, and ordered by such Govcrninonts directly or through agents, had Ibrnied a j)!Mt of the ordinary Inisiness of ttic firm. It has been alleged that one of the iiu'iiiln'rK of the firm wiis n Member of the House of Commons. This allegation, if it were true, would be immiitcria! ; but Her Majesty's Government has been informed and believes that it was not true, and that Mr. John Laird, who was Member of Parliament for Ihrkcnhi'ud, and had formerly been a partner in tho business, had ceased to be so before the building of the Alabama. The vessel appears to have been completed by the builders for delivery in the port of Liverpool, and to have been delivered accordingly ; and Her Majesty's Government sees no reason to doubt that the building and delivery of the vessel were, so far as the builders were concerned, transactions in the ordinary course • Appcimix, Vol, i, p. '22ti. t Ibid., p. -'35. Part VI. The Alabama. 118 of their business, though they probably Icnew, and did not disclose, the employment for which she was intended by the j)erson or persons to whose order she had been built. The general construction of the vessel was such as to make it apparent that she was intended for war and not for commerce. , . ^t ■ ,00, . .. The attention of Mr. Dudley bad been called to this vessel in November 1861 by his predecessor in office. The attention of Her Britannic Majesty's Government was for the first time directed to her by Mr. Adams, in a. Note received on the 24th June, 1862. Mr. Adams's communication was referred immediately to the Law Officers of the Crown. Inquiries were directed to be forthwith instituted at Liverpool, and such inquiries were instituted and prosecuted accordingly. Mr. Adams was at the same time requested to instruct the United States' Consul at Liverpool to submit such evidence as he might possess, tending to show that his suspicions as to the destination of tlie vessel vvere well founded, to the°Collector of Customs at that port. In order to enable Her Majesty's Government to justify and support a seizure of the vessel it was necessary that the Government should have reasonable evidence, not only that siic had been or was being equipped, armed, or fitted out for war, but also that she was so equipped, armed, or fitted out witli the intention that she should be used to cruize or commit hostilities against the United States. Admissible and imiterial evidence, tending to prove the existence of such an unlawful intention, was for the first time obtained by the Customs Officers at Liverpoolt on the 21st July, 18G2, and came into tlic possession of Her Majesty's Government on the following day. This evidence, however, though admissible and material, was very scan y, consisting in reality of the testimony of one witness, who stated facts within his own knowledge, that of the otiier deponents being wholly or chiefly hearsay. Further testimony was obtained on the 23rd July, and additional evidence on the 2.')th July. It was the right and duty of Her Majesty's Government to inform its judgment as to the credibility and suflieiciicy of the evidence obtained as aforesaid, by consulting its official Legal Advisers. Nor can any reasonable time taken by the Advisers of the Government for deliberation, especially when additional materials were being daily received and sent to them, he a ground for itn|)uting want of due diligence to Her Majesty's Government. One of Her Majesty's ordinary Legal Advisers, the Queen's Advocate, now deceased, was at that time serioiisly ill of a malady from which he iicver recovered, and this was mentioned at the time (on tlie 31.st July, 1862), by Lord Rus^sell to Mr. Adams, as a circumstance whiciriiad occasioncd'some delay.* All tiic evidence obtained as aforesaid was in fact referred by the Government as soon as olitained, with the utmost expedition, to its Legal Advisers. The Advisers of the Govcrnmenl, on the 2!hh July, reported their opinion that the evidence was sufficient to justify a scj/.uri.' of the vessel. On cl>ewlicrc, uitliuut I'avour or partiality. No serious endeavour to capture the .Mabama appears to have been made on the puit * Appendix, vol. i, p. ^49. of the Government of the United States. The Tuscarora, which had been fiummonod by Mr Adams to an English port in order to intercept her on her departure, ft»ile(l to do no, aDparently through the remissness of the Tuscarora's Commander. Durhiff tho wliolo cruize which lasted nearly two years, and until she sailed from the port of Clteiltoui'g lo ' the Kearsarge, she was only encountered twice by United States' Mhips ; oiU'o in the oulf of Mexico, when she voluntarily provoked an action and sunk lier opponent, tllld second time when she eluded the pursuit of the San Jacinto, at Murtini{|uo, Her Britannic Majesty's Government cannot admit that, in respect of tho Alttbnma, Ih is iustlv chargeable with any failure of international duty, for which reparation In duo H'om Great Britain to the United States. Part VI. The Alabaniu. 12Q Part VII. Tlie Georgia. PART VII. Statement of Facts relative to the Georgia. On the 8tli April, 1863, Mr. Adams addressed to Earl Russell a Note respecting a steam-vessel, built at Dumbarton, in Scotland, and at first known as the " Japan," but Bubsequenlly'as the "Georgia." r s, . • - xt . , This vessel had put to sea six days before the date of Mr. Anams Noto, :-J was at that date out of the Queen's dominions. No information whatever relating to ner had previously reached Her Majesty's Government. Mr. Ailums' Note was as follov s :— « Mr. Adams to Km-I lliiastU. "Mv Lonl, " Liyiilidii of tlic Vnit'\^ XOitrn, Lnndon. April 8, ]8()3. " " Knii'ii iiiforinnticm m'eivcd iit this T^\i,'iitiiiii, wliioli ai)iii.'ais i-iuitli'il to iio'lit, 1 am wmijM'llfd to the pniiit'iil ooiRliisimi that a slfaiu-vi'ssi'l lias just departod l'r<>in tlu! ('l.\.!' "illi tlic intent to de])riHlatt! on tin ' uianiuiw ut' the i^'opk' "!' llie I'Mitocl .Status. Sliu passiMl tlii'iv undor tlio naine of the .lajian, hut i-i since lielieved to liavc a.ssnnied the name of the Vii^jinia. Her imniediat(! th'stination is tiie Island of Alderiiey, where it is .MU]i|ioseil she may yet be at tiiis moment. A sniidl steamer called tlie Ah -, lieIonf,'in;,' to Newliaveii, and c inianded liy Iteiiry 1'. .Majdes, has been loaded with a hir^e suj) >Iy of ;,'nns, shells, shot, powde.-, ivf., inteiideil for tl'e ei|uipnient of the Virj,'iiiia, and is either on the way or hits aniveil there. It is fiirtlxM' alK'f,'ed that a consiilenilihi number of British subjects liavo ln^en enlisted at Liverpool, and sent to serve on board this eruizer. " Sliuuld it 1k' yet in the power of Her Majesty's (Jovernment to institute some in(|uiry into thu nature of the.se proceedings, in season to establish their ehanicter, if innocent, or to put u sto]i to them, if criminal, I feel sure that it would lie i-emoviui,' a heavy burden of aii.viety from the mind.s of my countrymen in thu United States. " 1 pray, ite. (.Signed) "CiiAiiLKs Fu.vxcis Adams." From despatches addressed by Mr. Adams and Mr. Dudley to their own GovernPient, it appears that tlie Consids of the United States at Glasgow and Liverpool, and Mr. Adams himself, had for a long time been in possession of information respecting this ves^td, and that she had long been an object of suspicion to them. Mr. Adams, on the 9th April, 18G3, wrote as follows to Mr. Seward : — " Listlv, comes the ca.st» of the .lapan, alias the Virginia. I have been long in the ])os.sessioii of information .ilKiut the construction and outfit of tliat ves.sel on tlit^ Clyde, but nothing lm.s ever been furnished to me of a nature to liase proceedings u|i my mind to si iid notice of it to the IJriti>h CJovernment, and leave it to tlieni to act in the ca.se as they might think lit." Mr. Dudley, on the 3rd April, had written as follows to Mr. Seward :=- " Mr. I'nderwood, oiM' Consul at (ilasgow, has no doub' ini'ornied you about tlie st«'ann'r now called the .lajian, formerly tlic \'irginia, which is alfnit to clear from this )Hirt lor the Kast Indies, .Some seventy or eighty men, twice the numl«'r that would 1h' re.niired for any legitimate voyage, were .shijipeil at Liverjiool for this vessel, and sent to (Ireenock on Monday ivening last. They are shippfd for a voyages of three yeai-s. Jly Udief is, that she belongs to tin' ( 'onfederales, and is to Ik' converted into a ]irivateer; ijuite likely to crui/.e in the Kast Imlits, as Mr. Voung, the I'aymaster from lln; Alabama, tells nie it has always lieeu a favourite idea of Mr. Mallmy, the .^ecretaiy of the Confedci-.iti! Navy, to send a jirivateer in these waters. I .sent a man from lieiv to (ilasgow to i'c, I Homo Office, ' to the Treiusm' "Yuw sill signatuni ; bill Copies I Treasury, an most sin'tahl be well foun the alleged i to justice al amenable to I In pursi of State for t " Sir, " I mil dir Ollice, a copy of either (he .lapai; on hoard an iiriii is to he (^-entiial make ininiediate " r lime to to this cii.se, if tl should turn out witlioiit tieliiy, tl: the Act in (piesti "Sir George may be taken in The Lieut commanding l\ however, that mentioned in The ComI Lords Coinmisl with the LieutJ Commissionera instructed the I ation which thJ The Collel " noiiouralile .Sjil " Willi ivfcj diivcling me lo called the diipaiJ against ships of master, rcgisicrcj by the measurinJ her I'oinpa.sses, al days. This \-es| Ihmg Kong, witf bonded stores, \\\ iif lea, ."I'.ID lbs. 1 of molasses, 1.' i'\| ill biillasl for !',, " It appeai- with the osteiisi who well- lilliiii [61] ■•nir»'«W«^'}:?-'%*'^ 121 Homo OHico, within whose particular jurisdiction nre the Channel Islands. A copy will also be sent to the Treiusiuy, as soon lus it can lie nmde. " You shall have an official acknowled}j;mcut of your letter as soon as I can j,'et Lord Itiissell's si«natu-o;lMhei.outoftown. ' .. Ve^ faithfuUy, &c. (Sij^med) "K. Hammoxd." Copies of Mr. Adams' Note were, on the same day, sent to the Home Office and the Trepsurv and those Departments were requested to adopt, without delay, the measures most siii'tahle for ascertaining the correctness of the report, and, if it should prove to be well founded, then to take the most effectual measures allowed by law for defeating the aliened attempt to fit out ii belligerent vessel from a British port, and for bringing to iustice all persons connected with the vessel who might have rendered themselves amenable to the law. In pursuance of this request, the following letter was addressed by the Under-Secretary of State for tiie Home Department to the Lieutenant-Governor of Guernsey : — * Part VII, The Georgin. }[i: Witddiwjtoti to Mnjnr-Oencral Slmli: ,.gir_ " WhiMiall, April 8, 18fi:!. '" r mil directed liv Sir (icorj^'c (ircy to tnuismit lo you erewitii, as received throuf^h the l'\ireij,'n Oflicc, ii copy'.) (ieo. I II, cap. (ill. Section 7, r.p]iears lo be applicable to this case, if the information which lias been j,'iven to the Minister of the United States of iVmerica should turn out to be ccirrect. In that case the LawOtlicers of the Crown should be instructed to take, without delay, the ]iro))er imiceedinjjs authori/etl by the law of Alderney, to enforce the provisions of the Act in (piestion, and the Oliicers of (Customs may bo called upon to a.ssist, if necessaiy. "Sir (ieorf,'e (Jrey will be <,'lad to lie informed of the result of the inquiry, and of any steps that may be taken in con.seiiuence. " I have, &c. (Si.uned) " H. W.MIDINflTON'." The Lieutenant-Governor, on receiving these instructions, desired Captain de Saumarez, commandinu Her Majesty's ship Dasher, to proceed at once to Alderney. It was found, liowevcr, that Mr. Adams' information as to the immediate destination of the two vessels mentioned in liis Note was erroneous. Tlie Commissioners of Customs were, on the same day (8th April) directed by the Lords Coiniiiissioncrs of the Treasury to instruct their officers at Alderney to co-operate with tlie Lieutenant-Governor of Guernsey. This order was forthwith executed, and the Commissioners wrote to the same effect to their officers at Guernsey. They likewise instructed the Collectors of Customs at Greenock and Glasgow to report all the inform- ation whicii they might be able to obtain respecting the Japan. The Collector at Greenock reported as follows : — t Govervimeiit Mr. /foi/il'-r fit ('ii/Hiiiis.siiiiiir iif' CiiitiDii-'i. " Iliiiioiiniblc .Sir, " Viiatmii-HoiiKi', (irri')Uir/.; April 10, ISG". " Willi rcfeieiice lo the iloard's coiumaiuls slf^iiilicd liy .Ml. ( lardner's letter ol' yesterday's date, diivitinj; nie to report to the Hoard all the jiaiticuhirs I may lie enabled to ascertain respectinj; a vessel called tiie .lapaii n)' Virj;iiiia, wiiich it is allcfied has recently sailed fnnn the Clyde, to be enijiloyed ai'ain.st siiips of tlie i'nitcd States, I liei; to rep. . ' :') 'ron vessel named the .la]niii, Thomas Hitchcock, iiiaster, ivfiistereil at Liverpool as 1:27 tons, otticial So. 45868, was built at Dumbarton, and measured liy the measurin;,' otKcer at Glasgow, came down the river and proceeded to tiareloch Head, to adjust Irt com)iasses, and afterwards broujjht up at the Tail of the Bank, where she remained three or hair (lays. This vessel was, on the 31st ultimo, entered outwards by Colin S. Caird, for I'oint de (ialle and Hoiif; Kouf,', with a crew of forty-eight men. On the 1st instant she shipped the under-nientiiaied Imnded stoics, which were sent frnm Liverpool, viz. : llo galhuis of spirits, ,S2 galhais of wine, 24-1 lbs. Ill' tea, o;lll lbs. of colfce, 1!I"J lbs. of loliacco, 10 lbs. cigai.s, 18 cwt. .'! qrs. 2 lbs. uf sugar, 2 cwt. 2 ip's. 8 lbs. of iiiiiias.i . id'trv Icavini,' tliis .oii'1ioimj,'('. '• I liave iiuesiioiu'd the oHicer who |Hiloniis Tide Sui'veyoi's iiMty alloiit, and who visitfd her on the eveiiinj; of llie 1st instant, to see thai the stores were eorn-et. He informs nie lie saw iinthinj,' on board whieh could lead him to suspccl that sh,' was intended for war |iur]ioscs. I can testify that she was not lieaxilv sparred ; indeeil she (ouhl not s)a'ead more iiunas than an ordinary niercliant- sfeanier. I he;} to add. when ihe Tide Surveyor was on hoard, the joiners were titling' doors lo i],,. cabins. " ' aiu, &('. (Sij^ni.i, ".1. ]". Mdiiiik IhmiiKK, ('ii//i:" The officer aeting for the Collector at (Glasgow transtnittcd the subjoined Rej>ort made by tlie Measiiriiio, Surveyor at tliat port.* He added tliat the .Japan liad not cleared from Glasgow : — ■ . k^j,. " ''iislmr Hi'lisi, (lliisiiiiii\ Ainil III. lHli;i. '■' In complianc.' wilh your refcreiac. I lie- to ivpoil thai an iron si rew-steamer, called the .lapan, was recently built liy .Messr-. \V. Denny. Urothers, at iMindiaitoii. " I snr\cved her on the I7lli .lanuary last, and visited mi twd silisei|uenl occasions lor the purpose of cotnjiletim,' iny sun-ev. She ap|M'ared to me to lu inlcndcd for commercial purposi's, her fianiework an" .. ,,. Itrili>li IJkt|iiiii1 .. Hy a BciTw ]}r(>|ii>ll|.r. N.lniliii- ..( |),,l,« NnintMr of MnsU UifTKril Sl.'ni . . Oni' iniit f. I'l'i' liinl.l Two. (ii.llrril'l Ilri^.. II mil Kn.lll.l. 1 llllMrMiit'tv eiinrlirr. NoMf. Di'ilij-Wohiuli. Iron. .MKAStUKMKM.s. Lriifth from iIk tore piirt of .sum uiiilir llir llu*«|int U tlir nil i>iil. i.l lln' limil of Ilic •irrii |io«l Klaiii tiri'Hiltli to (iiitilil.- }>tiitik r. |illi Ml liulil froMi Toioiii^i- I), rk to t'i'ilinit at Miililii|i< Niirtir mill AiMrr..* of lliillil. r — W. Dconv^, llrotlii'ti, Diiinlxi' >n. 'JIV u 'IViiilii. 'K>N\A«iK. No . of Tjii». Tnnnaxr under T»Tk, il ;injr j »i/. : Simti* or ^imit'i iM'iMrrn |)c<-k» , , , . . . * i . . , ^ v.-v . • • < . t h:. f,r It. . 011,1- h .. • i • . .1 Oihi'i iiiilotu'il Npai-ra, if miy, nmiiiiig tluin— Nliiir.room tm Dirk. .. .. 1 M l:«.7»- i.f Spin, ii|.piiipriiiliil to t\e Vrtvi nl.ovr ,',''' ■ ' ''i«' r. iiininlnn TolOKIjlc tt'OS Toiil,. ItriiuiiMo t.>i .^jmi. r. i)uirT'tl for Fro|i.lliiiK ronrr nn imviiiiir. il l^iKili ol KiiiImp Hu.iiii ,. ,'itfi'ii :i I iiilin Nun ■ ll.niijr noil ( .... Ituriitiarton. Hr|U ir Ti)i.nii||.' oai. r iiwikitiK Dr- (lurtloii for M)Miii. for l'ni|irllini( Tnwir III Sii'.oii.-ri Ml (1.1 riTih " I, Ihe iinde|ili.'le d Miillill ('..n1,1|,i MeiMiiiiiiu .'NiilveVor lol this port. hii\ inu siine\ed tin tllHiM'-nanied n\).\i. hiichv rc|lil\ that ibi alniM' pMilicniars hit tine, and that the name iiiiil the I'liii 1,1 lro|>elli'(l rw |ir(i|»cUer. ClinHid. Noni'. Diuii.W jhiun. Iron. ff,- Trillin. •i\9 n ii'i f.-. KM.ii, Siinf»it>r' 123 Part VII. ordiiiiirv in tnuling-vcsHelH of her class ; that she had been regularly ontered outwards for ^ Point do Gil Ic and Hong Kong, with u crew of forty-eight men, and that, on the 1st April, ^'"' Georgia. 1863 she had cleaved for thut destination in ballast. it subsciiuently niipeared further tiiat she had, on the 20th of March, 1863, been rcisteied as the property of a Mr. Thomas Bold^a merchant residing at Liverpool, on the declaration ol H'*'*' ^'"'l^ ''^" ^^'"^ *''^' ^"''■' owner of hci-. It also appeared tluit she had been advertised at the Sailors' llonie in Liverpool as about to sail for Singapore; that seamen were hired lor lur at Liverpool as for a ship bound to that port ; and thut all her crew 80 hired signed articles for a voyage to Singapore, or any intermediate port for a neriod of two years, and that the men believed that this was the real destination of the shin. ^'"-' '""'^ '"'' *'"'^^' "" ''""''^' ^^'I'i'^^ lyi'ig i" the Clyde, off the port of Greenock, and on the 'ind of April she sailed. With respect to the Alar, the small steamer stated by Mr, Adams in his Note of the 8th to have ennveyed men and munitions of war to the Japan, the Commissioners of Cusionsa had, before tho date of (hat note, received from their Collector at Newhaven the foilowiu"' Report, w hicli they had forwarded to the Treasury : — * .1//'. /)ii/iiil Id llii ('iiiillilia.-iii/lii-.'^ dj' Cii^liiiiis. " HiimillVillili' !^il'"i " ('i''*»liivdiiy, ill iiiidniulii. tliirty laeii. twiMity nl' ulioiii ii|)iifiiri'd In In- lirillHli suilovs, (i.i) iiifcliuiiii-'. iiiiivi'd liy ti'iiin. 'i'liiin' ^'i'iitleiiii',11 ii(ciiiii|iiiiiit'd tiieni, Mr. f/cwis, uf Alderiiev ; Ml'. Ward, mid Mr. doiics. 'flii' nu'ii ii|i|)i'iuvd In lie i>,'iiiiiiiiil uf tlit'ii- iiii'iisc dcsiiiiatinii ; snnu' siiid tticv ".'ii' til m'l JO/. I'licli liir llii' nip. A laiui, nalit'i' luiiie, sii|ii'riiil('iidi'd llicin. Slimlly idler iiiidiii'dil, ii iiiiiii iivrivcd IVniii |lri;;litiiii mi linvsi'lmck. \\h\\ ii li'lc^'iaiii. wliifii, I'nr imrimst's nf scnvsy, |i,,i| Ihu'II MHiil tlu'ii' mid mil In Ni'wiiavcii, il is Hiin|n'cli'd. Mr. Stiiiiirmlli, the iigciit, ri')ilied to lay j,„.,ijiii's ilii.s innniiiig llml lln' .Miii' Imd niuiiiliinis nf wiiv on lioiinl, iiud iliiit llicy wi'iv coiLsifiiicd by •|" 111 11 Mr, Lrwin, of .Vldriiirv. llis iiiiswiiirt wi'Vc. Iirii'f, and willi ri'Hcivi', li'iiving no doiil'l oil I'l.^' ixiail iii>r oil llii' iiiiiid.'< of any lii'io llml llii' tliiils nu'ii and iiiuuition.s of wai' aiv ilt'.ilint'il foi' lliiiisfi'l' at sea In Hoino Ncrond .Malniiau. Tlii' |irivati' U'lo^^iani to r>ii;^litnii imimalnil, viiy itrnliaMv. I"i\ ill); liii'ii I'l'wr.i'd for llio lanl lioiir, wliiii' llml voMt^i'l would ln' lonnd. WIii'IIrt lliu siiiiiiiu'iil oi'llu' iiii'ii, wlio all iiji|ii'aird to lie liiili-.li .snliji'ils, ran, if il sliould In' lnvi'afli'r |iinvrd tlial llii'V liavi^ lii't'ii lmii.'ii Nmiii! •imI n •■ jwiioii, .Mm." .VMroii'V mill M Miiln. Tiiiiii iK<' rtit'l NiiitiliiM ol Ouiit Timi. Oiiiw. ir lltiiitli, I'orl »f Ut'iinlryj Il rui'-iKii, till) Cduiilry. Ilrllliili "lilii, l.oiitliiii NuiulH'r ol' Crew. Name of Mailer. Jill. ItiK'k. NiimlH-r iif Ptip-i'nm r> or TruiiiK. W^in'liiiiiM'il mill 'ri*iit ti^itliili uf l'ltl'lllt|f«. Uiiiijii'kri. Ihnuli.hk mill Hi tirii'ti'il (SikiiIk. Miirkt, .N'uuilii I'H, Niiiiilii r mill l)r>i'ri|liii(m. Itiiimrlif. Iliiinti lli'.ii(» mi. I Kiirrlin (lunilt fni' nf lliily, mul Fnnigii (IimkI^ nil fur Drnwliiu k i — Siiiiilrjr Kire (iuoiU, (1 W, S| WIMIIIII. //..'/ill '■ Cli'ill'i'il \ . 1 ,., „ I, , , v.\|iiil nil. Kxaiiiiiii'd ,Si(illci|; • \V, M Klivr, Kinmiilin;1 O^ivi' I do dri'liili'. Tliiil llir idioM' t iiiiiinl it il llllc airouiit if all piods sliiiiiiid or iliti'lldi'd In In' lii|i|nil on liiiiiid llu< ulinvoiiiiiiii'il k|ii|i, and I'oiri'i I in all nlliiT |'ai>ii ularH ainl iliai all tlii' ri'i|iiii'f IlllllltS of llll' .\i I \'i' \ l'< \ Ul , ill|l 101, ll.lM' til I'll dllh rnlll|l|ioii «itll ^ii'iiid " .111-, Hai k, M, ]int in licm tlii.s nioniiiif,' and landed seventocui men Ijelonfrinj; to tlic stwiin-sliiii .laimn, ('H]itain .\o\w*, (UK) tuns, \vhii:li left (ireenoclv on tlie "Jf^tli Alarcli t'ora tiiidinf,' voyaj;!' in tlie C'iiinese sea.s. On arrival oH' the eiiast of Fiance she lav-to for thive days, it is supposed to take in more car^'o. On the Itii Ajiril, at J 1 a.m., one of tin; eondeiisei-s of the steiini-engines, which are ahoiit L'ltO liorse-jiower, exploded, and two lirenien in the stokehole wei'e scalded, viz., Ale.xaiuler JlcDull', of Kdinliiirj,di, and AVilliani Hamilton, of Downiuitriek, .seriouslv ; they were taken imnietliately inti the Captain's cabin, transferred to the Alar on the !)th, and ariMinw in the l)e\oii and Cornwall Hospital here. The otiwr tifteen are seamen and lirenien, who took advanlatje of the proximity of the Alar, and aii' said in haxe ' hackekCi\\. "I Ik'u' to •'a> III. lUid a ipnuilily i>f jMickages. \\ hicli I xiip|io>iei| .onlaiiied provisions and piiHMi'iigels' liaggai;!', Iteloiv leaving, II principal pailv was pointed oul to me Lv lli.' ovvnei of mv ship, iiid I was iiifonnid liy lliill that the provisions lulniigi.l |fi lhl> paltV, and that I was to oImv liis ili>>|n|eliii||s. "On SiindiiV, aUillt .'I r \| , mv illi;ine broke down, owing In llie liini.tillg of the feed.pi|H', .Hid I Mum eii||||Hd|ed |o rake out Hies, ami blow olf ••lealii ; llie eiiiiilH'ei h'pailv.l diiiiiage ulid iillei al'oiil *'viMi or eight hours' delay, I pnueeijed on iiiv voyage llroke ilovvii iigaiii on .Monday nioining, ftdiii Her .Majesty's siibiJ .'-eaiiiiin, anil serveit, Cliaiincl. I'shant the westward, and \ie were not nioix' I dl^chalge llii cal nlhiiig in the 1. ivl tlicic was laie laig| ilic Hieiimer .Mar. I'lliliiy altellinnn. Ill the .Mar, llllV ill; ill hiilids piped III * Appptidix, Yol. i. p. WJ. I iiaii.. p, im. ; iiiiii., p. wn. 125 cause, ami proceeded, after repairs tiiid similar deliiy. Liij'iiiy; to on Tuesday idlernoon and ni},'ht, weather vciy thick, and blowing from westward. "On Wednesday, about 11 A.M., saw a steam-ship a lonj; way oft' to the westward, with signal ,, • ],„t ] ijiiow not what colours. The passenij;er lief'ore-mentioned asked nie to bear down to the •1 ii) ""which 1 did; but before reaching her, my engine broke down again, when the steamer came iij) to ' and took ivy vos.sel in tow. The steamer towed me towards the coa.st of France, in order that I ■ rlit cet shelter to effect repairs. She towed me for about an hour, then the ro])e parted; and in 1 linir back to fetch me again, the tow-ro])e got foul of the large steamer's ]n'opeller, and caused her to fall d(wn u]ion us, damaging our .stanehion.s, and caiTying awiiy our liowsprit. " The passenger beibre-mentioned then asked me to transfer the provisions and baggage to the 1 TO steamer, which was done, by about twenty of the jmssengers, who also went on board the steamer, "^l^'re they remained. I v,afi then asked by a person in authority on board the large steamer, if I ^\ „l,l take two men who had been badly scalded to any port where there was an hos])ital, which 1 coii- ^^"ted to do, and they, with about nine or ten others, and the ])ei'S(ni who had spoken to me about the "''■k men cauic on board my vessel ; and I at once proceeded for the tii-st English port I could nuike that hail an liospital. "1 pnrted with the large steamer on Thursday afternoon. On the afternoon of Friday we again 1 • ke dowu, and were delaj'ed abo\it the same time as before. About 2 A.M., on Saturday the 11th, we '■'I'lited the Kddystone, and bore up for I'lymouth, wliich wo reached about 4-3() a.m., when we landed Tu' ner.sou we had taken with \is from Newhaven — the ])erson who spoke to us on board the .steamer — lif ut ont^ dozen men, including the men from the steamer, and the two sick men for the ho.spital. 1 I , .|| ^i„, ii,i-g(> steamer was called tiie .lapan, Imt I did not see her nanu' on her stern, as I haci enough to'do to attend to my own shi].. " CiiMom-Hou»e, Pliimoiith , April II, ISd.'t. (Signed) " N. K. BudWN'K, Collnim:" (Signed) .1. F. Mmh, MdsliT iif llic Alai: On file 16tli April, Earl Russell received I'roin Mr. Adams a Note inclosing two depositions purporting to be made by seamen wiio bad sbipped in tlie Japan at (ircenock, as pari of bcr crew, and bad since returned to Liverpool. The Is'ote and copies of depositions were as follows : — * Mr. Adinii.i III E(trl Itiinmll. " Mv Ijird, " l'i'.li'li"ii (if thr f'iiilii! Sfiiini, l.iiitiliiii, Ajiril l.'i, 18ii.'!. '1 have the honour to trausmil copies of two de|i.t Itritain, filiiijped at the Sailors' Home in l.iverptjoi, ii large part of whom have been induced to join the iiinitical expedition. Likewise a list of the men who refused to eidist, left tlu! Virginia, and returned to l.ivcrpiiol. " li is not without great i)ain that I feel it my duty to point out to your Lordshij) tiieso Ir.insactions at Liverpool, and tlu^ extent to wiiiili, if not in sonu' way jirevented, tlu'V are calculated lo I'ive rise to complaiiils in the I'nited States of the violatiinis of neutrality delilierately conuuitted liy lle'i- Majesty's subjects in the poll of Liverj.ool. " I juny, iVic. (Signed) " CllAlil.KH FllANC'IS AllAMS." TtfjHunlion of Eihrard TlimnpHiii. '■ Kihvard Thompson, of No. t,S, |)eni.ion Street, in Liverjiool, makes oath and says : — I am an able .■-(■iiman, and served for live years in a man-of-war, on Her Alajesly s ship .Nepluiie and oIImms. I was .>|"'d Irom Singapore. Liverpool to (ireenock lo join the sleanier .lajiaii, as I was told, bonnd on a voyage lo ,s|ic' was advertised in Sailors' Home as lionnd I'or this ))orl. I lulong to ihe IJoyid y.\\\.\\ IJeserM'. We sailed from (lirenoek on ihe "Jnd day of .\]iril instant. Caplain llildiicick was in Miuimand. We saili'd lirsl down towards Ihe Isle of Man. We llicii larkiil and went noilh tlnougli llii' S'orlh Cimnnel ami down lla' west coast of Irelami. passed t'a|ie Clear, and sleereil east up the Cliauni'l. F'^hanl Light was the lirsl light wc sighted ; went towards St. Malo. We then pal her I" the westwiud, and dodged at slow steam all night. We felt in willi tlie .Mar sleanar just oft Mcaleus ; \M' were not more than three or fair miles from land at the limi'. When the .Mar saw us she hoisted 1 ling for a pilot ; after she got her |iilol on she hoisli^d a ling of distress. We had taken her in low 1„ lure the pile' ri'ached us. We lloaled alioiil iilitil night, then got the .Mar alongside, ainl conimeneed III liischarge ihi cargo into lla' .lajpaii. We were three nights engageil in discharging the cargo ; we ilid iiiitjiiiig 111 the I. lylinie. Slie lacaighl 111 us guns, shot, shell, rockets, ammiiiiitioii, rilles, riillasses, and iJI seals of impli'.iieiils of war. I i oiinied nine Whitwortli guns to In' moiiiiled on the decks. I may l»' mistaken alnail the iiiakel's iiaiiii' I oiiK Know liny were laeech-loading ;;iiiis. I iindeislood flieie was iPlie large pivot gun oil l'oaiil w hell we lell liieeiioek. I III the vessel on Flidiv !»•( ill the steamer iMar. After we got nil the nirgo disi hinged lioin tlic .Mar into the ilapaii, nl I o'clock on Fridnv alieiiioon, while We were oil IIi'i'hI, alioiil Iwo miles lidiii land, the new i aplaill v\lio tiillie to us ill till' .Mar. hiiviiig difssed iiiiiiself in leginieiititls, in a lihie iiniforiii witli a star in the e|iniiletti s, had ;.ll silid [he .liar. llllVlllu on's?«i'ii luill^' ii oi m'^iiii, iioiir*, m II i>iii<- iiiiiiiiiiii ^iiiii u '-1IIII oi i iii \ I'.iiiii-i i < ^, iiii,i hands piped aft l>V the lioalswniii He llieii dileeted the lii'llteliaiil to rend llie arlicles. ami lllell I, ' We are not iHaind for Siiiga|Hitt', we are ^oiiig to sail under the Confedeiitlo lliig, the same as tliu Part VII. The Georgia. * ApiM'tidix, vol. i, |). 4tUt Part VII. Tlie Georgia. 126 Aliibanin, to sink, l)Ui'n, and di'stiDy vossfls bi'longin^' to tiie I'nited States. All of you wlio wish to join, 1 will t;ivu Id/, i.i cash iw soon lus yon sign tlio articles, and you who do not wish to join can ro 'hack in the Alar. Those who join sliallalso have ]/. jjcr month extm.' Tlie captain l:)ld us her name was to be tlie Virginia, and this viiis the name mentioned in the aiticles which we were required to sign. Tliev had the Confederate tlag on board at tla) time laid tlown on the Uoor of the cabin, l)ut it was uot iioisteil. The articles were for three years, or during the war with tiic United States. During tho ni'dit, while we were discliargiug the cargo from tmc \e.ss'.'l to the other, we were at anchor very cW into the land ; not more than lialf a mile from the laud, opposite a maga/iiu! wjuch lies a (piarter of a mile from I'shant Light. We went to this i)lace, or very near there, every night. After reading IIk; articles, the men who refii.sed to sign asked alioul their wages. Tliey were told that Captain Hitchcock would settle tiiis after we arrived at l,iverp(«il. 1 .saw Jlr, Hitchcock yesterday at .Tones ,ind Co.s otiice. No. 2S, Chapel Street, l.iver])ool. This house of .loues and Co. acted as agents for shipjiing tlic men.' l->ne of tiieir clerks was al the steamer which took us around from I.i\eipool to tireeuock. Tiny signed all the shijijiing notes ; at least, they were ail made jiayable tliere at .Tones and Co.s ollices, and tiiev have uaid them since. They ]iaid me my sliip|jing note yestenhiy at their oHic(^ in Liveriiunl. There were ten sailors lately beUmging to the Tiritisli Xavy from I'ortsmoiilli, who came out in the Alnr, l)Ut refused to jniu the ve.s.sel. Tia'y reieived 'II. a-piece from Captain llitciicoek not to say anytiiin^' about the matter. This was i).'id them wlule we were returning to i'lyniouth. Mi: .Ionl^s, due of tlit firm in Chapel Street, Liverpool, wlio came ciul tons in the Alar, was preseiU al the time wlien tin; money was paid, and (irdered Captain llitclicoik to jiay it to the nuui. Air. .Tones seemed to [take] ciuirge of cverytiiiug. Tlie lepoit was liiat she, the ^■irgiTlia, was to go to ^laileira. She liad not nmn; than live davs' coal when we left iier. Slie is all iron vessel, mmv sligiilly built, with a full poop as fur as tlie after sciittlo hole to tire-room and l(i[i-gallant forecastle. Three mast-., s(|Uiire rigged furwaid; fore and aft, main and nii/eii. Siie has one fuiinel lietweeii the Inii' and main mast ; a house iivei' engine-i-oom, with a dunkey engine in it The .Vlar is a liritish steamer luiiling frnm L<.iidoii. When sjn. came lait tositiiin of Tliiihiii.s Mulinn. " Thomas Mahoii, residing at Xo. S Court, Cure Street, Tovletli I'aik, Liverj I, U'ing swoiii. says : — " I am a uali\e c.f Liveijniol. and am a lalMHii'i'r. On or iib(ail the 27lli day of Mnreli hist pii,~i hcnring that a steamer was «, tilling men f'lr Singapore, I went to the Sudors' Home in Liverpool, nini was iiitrcnliired \>\ i\ Mian as the ea|itiiiii. I dnn't remeiiilier his laiiiie at pivsent ; T Iwdievrt it in Hitchi'iick. fie is in l.ivei|io(i| now. He li>|i| me he was ( 'aptain nf the .lapaii. He siiid he M-antei| tii-eiiien and Irimniers, and the ne.xt day, the JTlli. I "eiil wiili him to the sliiyipiiig-dlliee, and thiic sigiii'd arlieles for steamer .lapnii fur .S|ii;,M|iiin'. or any iiiliiiiiiMlinle purl, fur two vears. Capl.iin HitetiiiK'k engaged me, and witnessed my signing. 1 «as in have 'M. lll.i. |M'r month. .Alxuit lifty im n in all signed in the siime «ay. When «e had signed, we weiT tuld to take lair clntlns tu .Ion,.* and Co.'s,' \(i. 28, Clia|>el Stivet. and wiaild then receive an advancp nnle fur a inuntli's pny. I timk my elutlies then . nml leieiMil a iinir lui .'!/. |0\, payalile ten day-, after the ship snijed IVom (Irpeiiurk .\t .luiies and {'iK'i ■ I' weic luld bv the ('aptain Hilcl ck lu mcrl al the (ilasgiiw buat at ."i u'ldock nn Muiiday aftirnoon at the diH'k. We went a.s urdered, and uiir elnthes wire bi(ni!,'lil duwii.and inir Ian, were paid by a clerk lium .Iuikn and i'n. \Vi' sailed the smiie evening in the llcruii. afuiii ijHv in ill We ariiveil iil (!ieeiin( k iiIhiiiI II u| -l iho next afleriiiHui, and a lug ciiliii- ah'ligside and luuk iis ull ijn ilel-un and pill lis nil Uiaid the screw -steamer .lapaii lying III the li\er uppusile ( iieelinck. L'llplaiii Hitcheu.'k eaiiie uff ill the lug and ti«ik ii- i<\\ board. He went on buardwith us; he gave lis nm oiilers. I had -hippi'd as eual IrimiiM r, ainl U'lif\rd --he was an rngli-^h steami'r, and guiiig tu .Singnpniv. Sjie had then tlu' Kiighsh eiisiijii Hying. Captain Hilchcui k iiiiiaiiied un buaid and exercised cuniniainl. We leiiiaiiieil at lliieiini k till Wediie.-day. I 111 Thiii'sday, abmit l! in the iiiuriiiug, when «e got iiinlii weigh, tin- pilnl said He were guing uu a trial trip. On the Weihiesday iiighf the ivveiini! n(tlivi> eiline ull buard, after the stuns lanie un buard. and put seats uii the sluies. Tlie stuns came off in ,i steamer and a lighter, Tliey cuiiHisird uf large unaiitities uf spirits, elolliing, biiuikets, Uiln, knivcj and furks, till", iiihI Ihe like. I did liul s,.,. liny other we siippusrd un ihe trial lri|i, and steered tuwanis Hen. In the afternoon we n'liirned tu ihe liglithiMisr duwn tlie CImIc and siuppi'd, but did nut aiiehor, A in- came tu IIS ihiii' with sume mure men and pio\isiuiis friiiii uii3 ai"^' ainniunition. Men in the meantime were engaged making tlie iittings for the guns. The qiiiie iiftornoon a tall man they called Lamont or Dujiont cumu on board from the Alar and took charge )'f tlic •Ti>l'i"i- Tie came on deck in nuiforni and called all tlie men aft. He told ns she wtus no more to l)e called the .lapan but the Virginia, Confederate war-steamer. He produced articles; and reading tliom to the elfoct that there would be discipline same as the Alabama or any other under the ('(lufcderatc flag, he .?aid be was going to burn and destroy iill Xortb American vessels, and told ns we .shiiidd have 10/. bounty to sign for three j'ears under the Confederate ilag. One of the men asked alxiat prize money, and he said wo should have the same as the Alabama. That any man who had a fniiiilv could have br.lf-pay. Eight of us went into the cabin to .see what he would do with us if we would not ship. He said Mr. .fones would pay our fare througli to Liverjiool and anything else t' \e iviiuired when we c^une a.shorc. Mr. Jones was sitting at the table where they were payiii., the iMiuiity ami signing the articles, and said it woidd Ije all right. We and a number of othei-s, in all nlioat tvventy-four, rci'used to join, and the same night we wen! taken U) the Alar and both vessels left the ba)'. The next uinruing the Alar took the jiilot from the .Ia])an and landed him and her own about wh'W we had picked them uj) 1 was liehiw wiien she took the pilot off, and did not see the Jajtau after leaving her in the bay. 1 heard the order given to hoist the Confederate Hag. Captain Hitchcock, jd'. .loucs, and the cliief and second mates came fr(un her with ns. We were huided at Plymouth on .Siitarday morning, and received from Ca]itain HitcJicock a sovereign each to pay our way to Liverpool, iiiul tlie same day cjime in to Liverpool in the steamer. (Signed) "Thomas Mauon. " Sworn tlie Utli day of April, 1S03. " llefore nu', (Signed) " W.M. Ii.vnino.NK, « Maijiil rote for the Cniinty of Laneaster" Mr. Adams also inclosed the two lists mentioned in liis Notf.. In the " list of officers and men," the only officers mentioned were the master, first nate, second mate, store- keeper, and boatswain, All of these, except the boatswain, were stated to have relnrned ill the Alar, together with many others of the orifjinal crew of the Japan. On the same 16th April, 1803, Earl Russell '-"c'ved from Her Britannic Majesty's Consul at Brest a Report, dated the 13th April, whi-h waa as follows : — • Consul Sir A. Perrier to Earl Russell. '■ My Loi-cl, " Brest. April V\, 1863. " I Imvi' the honour to report to yoiu' Lordship that I have received the following letter from C'.imiuet : — " ' ,^ir, " ' Covt/iirt . [pril 10, 1 8r.3, ■" 1 have the hoimur to inform you that on tiie 7th ot thi.< iiiontli two Knglish vessels, a brig and n stfinu-Rcliooner, wer(> seen in the Kromvoiu' fa pa.<«sage Iwlwccn I'shant anil the mai.iiaud), witli a signal lor II pilot. I'itoii and Miiree, jiiluls of Molelic, went on boanl. The names giver to them were, Ja]mn, (if Liverpool, fur the liiig, and /Vlar, of l,'i. lie ic'|>lied thai lie bad not yet ivceived the olhcial Kepoit, hut that he had U'cii informed of all thai I had stated, and also tliiil the srhdoiier had struck on a rock in Stiff Hay, and tliat tlie cries ol her new liinl U'cii heard at llii' lighthouse on I'shant. Siispcrtiug that this tianship- lai'iit might lie o| will I iiiitralMiiid goods joi Aiiieiica, he lias denuuidcil a full Ke]iort from the Coniiiiitwiiry ol Alitiine iit Coiuiuel, and will commuuicalu it to me. •■ 1 ' .,ve, &e. (Signed) "Anthv. rKiiiiiEn." Part VII. The Georgia. it moil,' detiiilid statonicnt of llio inoidentH described in the foregoing nccntly ftiniiniu'd to Her Majesty's GovcrimiiMit by Her Majesty's Consul A soinewiiat Hepiirl has Ihtii at Brest. Tiiis statoticnt is us follows : — • ('(Hi'iiil I'lippirtiin til Kml tie ■ilk. ■My bird, " ;;c«r fijifemher !>, 1S71. "! have the holioui to aililiowled^'e the receipt of a despiilcli from till' l''on'ign Olliie liiai'kcd .S'pat'iite, and diiti'd 31sl .Vu^usl hist, inshucliiig me to report in \oin Lordship nil llie iiiloiiji:i|ioii 1 * Appviiili.x, vol. I, |>. il)i. Part VII. The Guorgia. 128 can (ilitnin vcspoctiiij,' tlio cfiuipiaont of the Cmifoclornto cruizov fJcorRiii, then known ns the .;apan or Virt,'ini or I'hait of the coast, explanatory of th." -ivoccedings whicl, took place within ia- contijiiioiis to tlie limits of French jurisdiction. " In reiily, I bej; most respectfully to inform y(mr IxJidship that at M(.rhu.v ..ouiin},' is known (,r the Confeilen'te crni/er (!eor<,'ia, eitiier iiniler the name of .(apaii or Virjjinia, hut the matter appears td liavo transpired near to Coiuiui't, marked (A) on the accompanying cliart, and wa.s as follows: — "On tiie !Kh A))ril mornin.i,', IHd;!, two Knglisli vess.ds, a liri-,' and a steam schooner were seen in tlie Kromveur Cliannel hctwccn Tshant and the mainland (15), makin;,' signals for a pilot. Two pil„ts of Molcne named I'iton and JMarec went on hoard. They were told that the vessels were the hri;.- .lai)an, of Liverpool, and schooner Ahu', of baidon, bound for i.iverjiool, with a general cargo. "The .Mar was represeiilcd to have sprung a leak, and had rc([ue.stcd the hrig to stand by her tn render a.ssistance if recpiired. At aluait si.N in the incning of the sanu^ day the two ves.sels anchdruil in Bertheaiime Bay (C). and efl'orts were made unsuccessfully, owing lo a heavy surf, to transhi]) ])ait of the cari;o from the .schooner to the laig. The ]iiIots ])ro]iosed to take the vessels into Brest, Imt w,.],. refu.sed. The two vessels got under way at l> A.M. of the following day, the 8th, ]ias.se(l through tin. Conquet Channel, and anclioicd in StitV I!ay (D) under I'shant, where the traiLshipiuent was effected nml that same evening they sailed for Livei'iiool. "The otlicial l!c]iorts made to tlie Admiral of the jiort of Itrest liy the French Naval Agent m I'shant and the Custoni-htaise oiliccr, at ( 'oiupiet, state that the schooner was sighted before tlie hri..-, and tlial both were seen hovering abiail for two or three days; they weii! iiotli seen close along.sidi! o| each other, the sdiooner a|i])arcntly di.sidiaiging or trying to discharge cargo into the brig. Aftov aiichoiing in J^lilf i!ay the transhipment was actively carried on until between 7 and 8 in the eveniiii;, al about \\lii( h hour the lirig went to sea. "At abiail 111 o'clock of tlie same night cries and noise of ]Mitting out boats were heard at tin. T.i<'Iitliouse, as if |ii-oceeding from the schooner, ft is supposed that tlie .sclmoner foundered, and that the boats went out to sea, as nolliiiiL,' furtlier wa.s ever heard of either vessel or crew. " 1 beg further to inform y(air Lordship t':at two steam-vessels were constructed and ]iu...y litt^l out at \antes, duii.ig tile war in .America, for tlie Confederate States. On my return to my ]iosi ] .shall be in u position to forward all the information connectcil with tiiem, should your Lordsliii, consider if expedient ior me to do so. " I have, &c. (Signed) " K'onr. Cji.vs. Cliitkhton," The places cnlleil (Jon(|uet and nertlieauine Bay, ami mentioned in the two preceding Reports, arc on tlic coast of I'raiicc, in the department ot Finistt're. The Baie du Stiff, or Stiff Hay, is on the .oast of the French island of Otiessant, or Ushant. From the sfatcments contained in the piecediiifi depositions and Reports, it appears that the vessel altcrw irds cnlled the (ieoigia sailed from (Jreiinock inidcr the name ot the Japan, as a meirhant-vessel, on ii trading voyage to the Fast Indies, and tliat until she arrived oil' the coast of France her crew were not aware that this was not her true ( Inn iictcr and destination ; that she was armed for war in French waters ; and that she thcie took on 'ooaid her Commander and ollicers, who then luul there enlisted a crew. With ret'eieiice to .\ir. .Vdatns' Note of the loth April, |S(j,'l, the following letter was on the ;?lst April addressed to him by lOarl Russell : — /;,-,/ ;,'«.v«///„ .\fr. Ail>,m^.* "S\r. "Fi'irif/ii ojfiir, Ajiri/ 21, ISd:; " I itiileil Im Noll III IIIV Iclld nf the lil'li iiisi.iiit, tiiat ycaii IcltiM' of tlii> pieviiais day, respeciji,. the case of the .liipan, otherwi'-e the VilV'illia, liad U'eil rebilvd tiii' propel flepaitments (i| 11,!^ Majesty's (J.i.rnnieiil. but I will not dclny Inloiniing \oii that tier .Majestx's Co\einnieiit ha\,. received fliHii the aiilli"lities ut ( Jlii.s;;ow, alnl at (ireeiiock, reports, I iiiiii wliicli it appeiilft that llin VcHsel was rmistantlv \ I'-ited while she was ill coiil'si' u| const! ilction, mid that the slirvcvs sei'irii'd I , s|h>w ihiil »lie was jiileliiled foi comiiieicial piirpo>e.i. and that bci liaiiicwolk ami plating were ii| il,, ordiiiaiy -i/.r* lor \essels of hei rlas'^. "She was entered on the liisi nlliino. as j.a I'oiiit di' (lalle ami Hung Knn^', with a ciew of lliin. eight men. Sill' -hippeil nil the I tt iiist.iiil the l«iiidid stmis stated m the maigin,+ and she eleand (III (III- mtllK' da\ III liallast lot I'nillt de Oalle and lloiig K'olig. " Her Majesty's lioNeriiliielit ail' lui'tlier inloiiiied liiat the dapali left the ailehoruge eiilly lai III,. inoriiiiig of the I'ml iii. lespeetiiig il On in had on the on the L'ihi ■I'tter :— f 18 • Alllifllilix, »i>l. i, |l. ^ IN. t 11.1 (!iillciii« •|.iril«, ,U Kidli'ii" vtiiic, a-M ll)«. Ii'H, I">!) IIi». cnlfi'i', '2\2 lli«. tnl.iiiTo 10 ll)s. n|;„r< ittl. J i|r». U llm Migar, 'J ewi. 'J qri. Hjbu. iiiuImm-*, 'i c'«t, I i|r. fl Ibii. rniniiii, I rwi. 1 ijr. 8 llii, ourraiiu. \r,\ ^,.»Mm^^ as the .;'apan or April, 1863, (imi '•occe(liiit;s wliidi iiin^ is known (i| natter appears tn blldws : — ner were scon in lilot. Two j)il,its 's were tlie lnj^ il ('iir<,'0. I stiMul liy her tn vessels anelKirt.,! lo tninsliii) ]iiiit > Brest, lull wcfi. ssed through tliii I'Mt was e flee ted, Naval Agent t\\ 1 lict'ore the liij^ elose alongside (jf the brig. After 8 in the eveniiiu', i\-ere heard at tin.. nndered, and tiiai I and ]>ii...y tittfjil nil to my ]iast ] Id your L(jrdslij|i S. C'Lll'I'KHTON," c two preceding Bale du Stiff", or )orts, it ai)j)t'ars er the name of id ttiat until slic 18 not Iter true ; and that ^he sted a crew, owing letter waH Al>nl L'l, isi;;;. lus day, respt'eiiii:^. 'pai'tnients of Idr (JoM'innienl li,i\i. apjieai'S tiiut ilui surveys seeincd I'l aliiig wen- n| \\,r ih a iiew 111' {n\[\. ,+ and sill' l. s Part VII. The Georgia. 130 Mr. Bold to Mr. Ediranh. •• Sir, " Lircrpool, June 2;5, 1863. I Uu U. haud yni the cfrtilk, *e of registry of tlif siifw-.sluuuer .lai.iiii, ollicial No. 45,8(!S, port No. 03, iis r Imve '.'oi'ivcyod tlic vessel to nn alien " I nin, &c. (Signed) "Thomas Hold." The limi instance that. Bold"s name had, on his own dechiration, been entered on the register-book as the owner of the ve.ssel, and had continued to be so registered till the 2;frd June, did not render liim respoasible for acts done durinji the interval by the persons who had the actual possession and control of her, unless it could be proved that he was himself a party to such acts, of which there was no evidence. Nor could he have been prosecuted under the Foreign Enlistment Act for participating in an unlawful equipment of the shii'. on proof mci-ely tiiat be was the registered owner, and without any evidence to show that bo had been" actually concerned in so equipping her within Her Majesty's dominions. Of this again there was no evidence. No proceedings, therefore, were or could have (been taken against Bold. From a despatch addressed by the United States' Consul at Liverpool to Mr. Seward, dated 7th August, 1863, it appears that the Consul had in the preceding July consulted the legal adviser who had been employed by him in tho. matter of the Alabama (Mr. Squarey) on this subject, and Mr. Squarey advised as follows :— * Mi: Siiuarcy to Mr. Dudkij. (Extmet.) ■■ I". Wati,- Stnrf, 1803. " It does not aiijHijr to me the engiij^enieiil of the crew can be treated as an offence aminst the Act, becau.se the only le{,'iil contract binding \\\mi the cn'w wn.s that appearing u|)on the articles. The men were not lialile to do anything e.xcept what they had agn-ed to do by the articles ; antl from the state- ments of the men whom I saw, it did not appear that they knew when they shipped that it was expected or intended tliat they should ser\e oi. hoard a nian-of-wnr or jirivatcer. As regards the liaViility of the Kritish registeivd owner to make l; 1 to the owners of the American vessel destro)-ed the lo-ss sustained liy them, 1 concoive it uuist dei)end ui)ou the tiuestiou Mhetlier those in command of the vessel at the time can 1h) consideied to have l>een the agents of the iiritish owner. If they wew such agents, and there wa-s any evidence to show tliat the destruction of the American ship could Ite consilercd as an act within the scope of their authority, I have no d^mht that the owners would lie liable; liut it ajipears to me that the circunistances to which I lune ])reviously referred, go very far to irlaU the ]iresum|ition that such agency existeii, anji, \W>;\ ; luus tiifiiiie.s ut L'dO 1iiiisu-]m>\vi,'1' ; Hjit'wl, 12 knots; I'liiTie.s a Invge carL'o; is ulnmiliiutlv finiiul in stmt's, iiml vi'iulx I'nv iiuiiu'iliiitc omployini'iil. Kor speciticiitiou and liirlher ]iiirti(:ularH, iipjJy tn Curry, Ki'llmk, iiiul Cti," The reason given for selling her was that she was de/il)iiiiii iij till- Atliiniifi- iiiid K>liril(ir-(/i')iiriil. " If till' (li'iivi;iil is still ,';is lliis lii'rli liillli'Vrn iissuni('cl) ii |iiililjr slii|) (it Will' iit II U'llijiiTi'llt I'liwi'l', slic is, wliili' within lli'i' Aluji'sty's ilniiiiiiiniis, i\iiii)il tVoin nil I'ivil uinl iiiiiiiiri|ml jiii-isdictioii, nml it is lint. llRTi't'iii'i'. iipiin iiiiv fivil nr innniri|inl liiw nl'tliis vcnliii tliiit Hit ]\luji's(y's (iiiMMiniR'nt I'lin iirt, it tlii'V slidiilil liiiil il ni'ii'ssiiiy to lake lUiy ioiu|nilsiiiy iiii'iisiiri's with vfs|H'it tn her : nnr will the L'Xfi'iiliiin lit tliiisr nii'iisiircs Ih'Iihi}.' tu llir ( nniniissinni'is of llu' Ciistnnis, m- tn niiy nliicv rivil iiiitlim'iiy. , , , ... , . , " Ilv the iiuivci'siil Law nt Natmns, anil liy Ihi' iiR'vnj;tilive nunt nl ri'jiiilatiiiy llie inloi'ininsi' Utwi'i'ii this rnwntiy anil the |)iihlii' slii])N nt war nt a torfijiu ( invcniiiient. wliirli lielnii^jis In Hei Miiji'sty ill riyht nt lii'i' I'rnwn, it is i niiiiii'liiil I'nr llrr Maji'sty tn )iri>hiliil llic I'lilranre nt any l'nreij,'ii iiiilitie sliiii 111' war int" Her Majesty's territnry, ('\ii'|it iiniler mucIi roiiilitiniia as hIio may think ]iro]ii'r I'niiii time tn timr tn iinimsf ; and it any such |irniiiliitinn Im not iliily nhevoil, it is, in our npininii, iKrli'i'tly within tlu' rninin'tt'iiiy nl lii'r .Maji'siv in cnlnrio iis nlistirvaiuc liy lior niililiiry or naviil (.flii'i'm, iiml by the iisr nt liirri', it neecssaiy " It the (ieolgiii has ruii.st'il In be a |illblir s|ii|p ot war ot the ( 'niilcili^iilli.' Stales, nml has lioi'li snKl III ami iHKiinie the inivale iiro|)erty nl' any nt Uvy Mujesty's iubjurtH, the cane is ilitrt'ivnt. I'luler these Part VII. The Georgia. .\pp<'iKlix, vol. i. (1 H. t IMi!.. p. 4'^^. S 2 132 Part VII. Tlie Georgia. circuiustaiices, Her Majesty's orders would no longer lie applicable to this sliip ; and of course, no forcible or other means could be used tor the })urpose o ' conipellinj^ tlieir ob.o&rvunce in a case to which they would not ajiply. The (leorfjia, aftor sudi a sale would be exactly in tlie same situation as tlie ^~1*1 1i /■• ...1. ..11.. 1 ±.1. . O i. \ -..n.. 1m.i^ ItiinKi ll-l I ll'illllil \\i\ i r Mr(11>110«ull>m>nr •^.....^..- I last year: si ; would t)e {."/verned by tlie onliuaiy niunici))al Gibraltar (formerly called the Sumter) was last year: si ; would l)e {.'.verned by I law of this country, like any otjier jirivate sliip, the proji-n-ty of liruii.h subjects. (tig led) "Lincoln's Inn, May 23, 1864." KoUNbELL I'ALJlEli. R. r. COI.LIEII. The vessel was sold to Mr. Edward Bater, a shipowner carrying on a very extensive business at Liverpool. Mr. Adams, on being informed of the sile, wrote to Earl Russell, stating that, on behalf of his Government, he must decline to recognize the validity of it, and must claim the right tu capture the vessel wherever she night be found on the high seas. On the 27th July he again wrote to Ear' Russell, suggesting that there was reason to suspect that the sale was fictitious, and the ^ essei intended to be again employed in the Confederate service. To this letter Earl Russell replied as fol ows : — • Earl Russcl io Mr. Adams. ' !Sir, " Foniyn Office, Avf/ust 8, 1864. I have tile lionour to stiite to you that Witii refei-ence Lo my letter of the 28tii ultimo Her Alajesty'.s (iovernmeut do nut see siitlicient grouiuls for coming t»j the conclu.sion upon the state- ments contained in your letter of tiic 27tli ultimo, that the steamer (Jeorgia is about to be again used for iKlIigereut purposes. With a view, however, to prevent the recurrence of any (puistion such as that wliicli lias arisen in tlie caao of tlie ( Jem-gia, Her Alajesty's Government have given directions that, in future, no ship of war of either belligerent sliall Iks allowed to be brought to any of Her Majesty's ports for the puqwse of Iwing dismantled or sold. "I ain, &c. (Signed) " KusiSELL." The directions ricntioned in the above letter were issued accordingly, and were notified in the " London Gazette "' as follows : — , " Extract from the 'London Ga:cttc' of Sipicmhcr 8, 1864. "Foriiijn Offitc, St-ptfinbir 8, 1864. " It is hei-eby notiiied that Her Majesty has Ikjcii jileased to onler, that for the future no ship of war l-elouging Ui either of the lielligerjnt Towel's of North America sliall lie allowed to eiitor, or to remain, or \k\ in any of Iter Majest; 's ports for tlie puriwse of being ilismantled or sold ; and Her Majesty liiLs lieen piea-sed to give diivcuons to liie Commi.ssionei's of Jlur Alajesty'.s Customs, and to tin; (iipvcrnors of Her Majesty's colonies and foa-ign possessions, to see tliat this Order is properly carried into eH'ecl," On the 8t!i August, 1863, the Georgia, being then registered in the name of the said lulward Hates, sailed from Liver|)Ool for Lisbon. Off Lisbon, and whilst on the high seas, she was captua'd by the United Slates' war-steamer Niagara, and was sent to Boston for adjudication. Mr. Hates, her owner, tiiereupon wrote to Ear! Russell as follows, complaining of the seizure of his ship — .V,-. Z-'((/«.s- to Earl liugstll.f " My I/ii'd, " Liin-poiil, Aiiijitd 27, 1804. " 1 Ik'i,' 111 eall viiur I/)idsliip's uUenlion to a very serious outrage wliicli luus iH'eii coinniitted upon me by the rnitcd .Slates' man-of-war Niagiun, in having forcibly seized luid sent to the United States my screw-slcamer (ienrgia. " Tills vessel was, in tile nioiitji nf May last, iyin^; in the liiiki'idieiul l)ock, and was oflerecl for sale in imlilii- advertisemenl liy the Mcll-knnwn siiip-lnnkers, Mes.sis. (iiiiy, Kcllock, and Co,, of tlii.s low n. " I bad lier c.vamini'd, ami, tliinkiii;^' her a sultitlile vessel, I entertained an intention tn jiurclia.-ii' bei'. I knew she was the pinperty nt lia' Cimteilerute tiM\enuiie/il, iind tlieieupiui, iiefore lomiiletin;; ;c IMMrhiise, I riimmunicaled with the I 'ustom-liiiu.se aiithoiities at I.iverpoul, in order to asteitaiii wheilier the aulhorities would grant me a Dritish ivgister, without which I should not have IbiwIiI lier, " I'lie ( 'ustoms authorities look scime time tn eunsjiler, and, ilnrin.ii all this period, the iidverliseimiil continued in tin known to the A " Kveiitual concluded a pur Messrs. Cuny, K J presented at ll thereupon ihily ; " During tli and where I disi intimation froni purchase was im " In .Inly I Liverpool, as l«-o rortuguese (iovi accoidance there' " Whilst .sill to inspection, an intimation was ni watera. " So secure rortugal coiivevei unwialhy of credt there to run in tl back, with mails, ; meiit covenanted i " Your Lords the intelligence oi .States' steamer Xi " I am well k " I have no directly or indirec'l " I liought th Jiouse arttJiorities t wuuhl protect my " I resjiectfull (iovenmient will 1 restitution of my si Mr. Hates (he United Statd entertained of til to him in the fol ■■ Sir, " ] ai'(|uiiinte| case of the (ieorgiJ Id (Icfenil your inti " I am now li{ llie Ijiw Olliceis the (ieorgia iiinl .sJ iiiurse she will pii| " If tlieCeMi;^ llic |iiiip(.'rty III ii jastllieil ill sei/in| suliiiiilting to pro neiitnil ftai/inn/i inleniatiiiniil law 1 liail I'lii'iiieil, till i\ II Jii/liiJii, the ii)j CiiMil will lm\(. iiwner was renl, ;ij Inutile owner, liiiil nllier liellii;erenljl |i"rt 111 a neutral, iJiaile, anil \sliiili| liaiisferreil, nia\ Api^ndix, vol. i, p. 1.0(1. + Ibid., p. IG-t. CO) Messr 133 continueil in the public papers, and 1 have no doubt that this public announcenieut wos Neen lillil wull known to tlie Ameiicau Oonsnl ill this port. " ICvontimlly, I was informed tliat a IJritish register would be granted to nio it' T boii^'il. ',n\ I included a purchase of her and paid for her on the l:ilh June last. The jiin'fhamt-iuom'.v I paid In 'essrs furry, Kellock, and Co., and received a bill of sale .signed by Jaines .1). IhdlocU, Till-* dnciimoiil Mivesentc'd iit the Custom-house, where I made the usual declanilion of ownershi]>, and Ihn Bllip wua thereupon duly registered in my name. " Duiiu" the wliole of this ])eriod she was in u ]mblic dock, open to the inepoctlon of tl»i public, 1 where I dismiintled her, iind ]iroceeded to alter and re])air her. All this time 1 did not I'tu'clvi" miy ^ t'lnition from either my tiovernment or from the American (.'ou.sul or other autlioriliuw thill lliy uurchase ^^ils invalitl. " In .Inly 1 received overtures from Messrs. lieniiett, of London, through Miissi'H, MiMicoi'k, of T'veriiool as brokers for the Vortugucse Consul in London, for a chiirter of the (ieorgia on linii' to thu V rtu'nicse (iiivernment. I eventualh' accepted this charter, anil llien proceeded to lit h< r Up 111 ■ircouFance tlieicwitli, as a mail and i)aHscnger Iwat. " Whilst she was being thus Htted up the Js'iagara visited lla; Mersey. The vusaol WUN Ntlll Dpull inspection, and I laive reason to believe that llie oilici'is of lliut '.c-Wl:! did iimpcrl hi'l', luit III) "' tiiiiatioii was made to me of the intention to seize my projierty as s.ioii as she hhoilld Hot inln opiMI " ,So secure did I feel in the jio.ssession of iny ]iropcrty that, although the Crmmil=(leili>i'iil I'm' Toitu"«l conveyed to me his feeling of apprehension of the Niagara, I scouted thu iiiua lis soini'tliing niiwortliv of credence, and on the Sth August she .sailed from the Queen's Dock in Liverpool foi' LIbIioii, tliere to run in the service of the Portuguese (iovernment, from that phice to the conHt of Al'i'li'ii and l)ack with mails, goods, and jia.s.sengers. ()>', liic completion of this service the l'i.rtUHi\eNi< (liivi'i'll» nient covenanted and agreed to deliver my .ship to ;ue in the port of Liverjiool. " V'our Lordship may therefore conceive the astonishmeut and indignation with wliiuli 1 I'Mculvud the intelligence on my return to Liveqiool of tht! -essel having been .seized otf Lisbon by tliy Ifiiltod States' steamer Niagara, and sent to Hostou. " I am well known in Liver|)ool as an e.Ktcnsive shipowner. " 1 have no connection witii the Confederate Government or their agents, and ncvcv liuvo Imil, directly or indirectly. "I bought the vessel for the purposes of my own business, on an arrangement willi lliii t'UNtiilll" house atltliorities that I should receive for her a iiritish register, and in the belief that u lllilisli i'i'H;lstt'l' would iirotect my property from the outrage which has been practised u])(in nic " 1 respectfully submit these facts to your Lordship's considei-ation, and uust that llur Miij|i>»ly'8 (iovcvniiieiit will forthwith take such steps as they may deem necessary in order to pi'oiMU'ii I'oi' nie it restitution of mv ship, and compensation for the injuw 1 have sustained. "I have, &i\ (Signed) " EnWAllli \\\n.H." Pai't VII, riic Georgia. he advcrtiscuicMl Mr. Bates was infonnefl in reply, that the question must go before ft Prizo Court iti the United States, and that he must be prepared to defend his ii/'^rest therein. Tlio vlow entertained of tlie case by Her Majesty's Government was aftervvurds more fully expltlinod to liim in the following letter : — * Mr. Hammond to Mr. Bates. ■Sir, "Foniyii Ufficc, ..■itplniilier iU, lHtl4 " 1 iicipiainted you shortly, iiy l/u'd I'ussell's direction, in my letter of the Otli iiintinil, llial the iiisc of tlie (ieorgia must go before the I'rize Court in the United .Slates, and that you muHl lie piepavod 1(1 defend your interesl therein. " I am now further to actiuaint yon, in reply to your letter of tlu! 27tli iillimn, llial, Imvlnj} <-»nd cleared in the customary way for a port of destination in the East Indies. She was advertised at the Sailors' Home in Liverpool as about to sail for Singapore, and her crtw were hired for a voyage to Singapore or some intermediate port, and lor a period of two years. The men, when they were hired, lieiieved this to be the true destination of the ship, and lier voyage to be a commercial one ; and they appear lo have continued under this belief until after the vessel had arrived off the coast of France. She was armed and equipped for war in the waters of France; she there took ou board her t'oniniander iuul officers ; and her crew were enlisted there, the crew who had fihijijied at Greenock having been released from their agreement, and provided with the means of returning, if tliey chose to do so. Her officers and armament appear to have been conveyed to the French coast, or its immediate vicinity, in a steamer which had cleared from Ncwhaven in ballast for Aldernev and St. Malo. and which was stated to be a regular trader between Newhaven and the Channel Islands. The master of the steamer stated that the persons whom she conveved were taken on board as passengers. Her Britannic Majesty's Government had no reasonable grounds to believe that the veSi^el was intended to cruize or carry on war against the Unitetl States until after she had departed fiom the waters of Great Britain antl anivcd in the waters of France. Tlic Ciovcriuncnt had indeed no knowledge or information whatever about her, previous to the receipt by Earl Russell of Mr. Adani.s' note of 8th Anril, 18()3. " Information about the construction and outtit of the vessel" had. liir a long time before her departure, been in Ihe possession of Mr. Adams ; and Mr. Dudley, who was (us it was his duty to be), in constant communication with Mr. Adams, knew of the hiring of seamen for her, and had her examined by a man sent on lioard by him for that pnr|)o.se, The inlbiniation posst'ssed hy Mr. Adams, was not, however, in his ojiinion, such that proceedings could be founded upon it; and no communication was made by him to llci Majesty's Guvcrnmenf on the subject until six days alter the ship had sailed. Ai that time Mr. .Adams had received furtiier information (which proved to be erroneous), that tlic vessel was to receive lur armament at Alderney, within the Queen's dominiims ; and he then made u|) his n'ind (o ' send notice of it to tlie British Government, and leave it to them to act m the ca.se as they might think fit " The vesbcl did not go lo Aldeinc)- ; and Mr. .Adams' communication was (in his own words) "too late for ert'eetive interposition," 185 The Georgia, after having been armed for war in French watoi-s, was commanded by officer commissioned as such by the Government of the Confederate States. Her fficers were, as Her Majesty's Government believes, Americans belonging to those States, Of the composition of her crew, Her Majesty's Government knows nothing, except that it anoears to have consisted, in part at any rate, of British subjects, who were induced by the nereuasion and promises of her Commander to take service in her whilst she was in French The Georgia was received as a ship of war of tlie Confederate States in the neutral orts visited by her, particularly in those of Brazil and France. On the same footing, and P ji^g same manner, without favour or partiality, she was received in a port of the Colony of the Cape of Good Hope, and in a port within the United Kingdom. After having been disarmed, dismantled, and sold in a British port, the Georgia was antured at sea by a United States' cruizer, as having been a ship of the Confederate States and incapable of being transferred, during the war, to a British subject. Her Britannic Majesty's Government, whilst it saw no reason to doubt that the sale had been bond fide, did not dispute the right of the United States to capture the vessel for the ourpose of submitting the validity of the transfer to the judgment of a Prize Court. During the cruize of the Georgia, which lasted (as stated above) about nine month?, exclusive of the period of her stay in the harbour of Cherbourg, no serious endeavour to intercept or capture her appears to have been made on the part of the Government of the United States. Her Britannic Majesty's Government cannot admit that, in respect of the Georgia, it is justly chargeable with any failure of international duty, for which Great Britain owes reparation to the United States. PartVIi. The Georgia. 186 J. . • ■ Part VIII. The Shenandoah. PART ^aii. Statement of Facts relative to the Shenandoah. Oil the 12th November, 1864, Earl Russell received iVom Her Britannic Majesty's Consul at Teneriffe a Report dated the 30th October, 1864, irom which it appeared that a vessel bearing the >me of the Sea King, from London had shortly before that date arrived in the vicinity of the Madeira Islands ; that she had tiiere received on hoard guna and a small number of men from a British steamer called the Laurel ; had been taken possession of by a person claiming to be her commanding officer in the name of tlie Confederate States, and had hoisted the Confederate flag. This Report was as follows :—* Coiimil Griittan to Earl Eimscll. "My Lord, " Tnuiiffe, 0,/ohn- ;10, 18(U. " I Imve the honour tn iiifonn yoiir Ijinlslii)) tlmt tlio Hritisli .stcani-vcsst'l jjim-el (47,819) of the jKirt of (iln8go^\•, lH)untl from LiverjiiKil to Niumhuu, nnivL-d hero on tho 21.st instiint lor the purpose ol ronlinir. " Tlio niiistor, .1. Ifiunsay, on piTscntiii}; liinisi-l* ut tliis oflico, .ttatoil llmt he wished to land 4,1 pilS8i'nj,'ers, who wcr^ > proct't'd to Knj,'hui(l liy tlic next Li'-erpool Hicanifr. and that these persons wcrii tlio luaHler and new if the Itritisli steamer Sen Kin^', (Otiieial \o. 48,ri47) ol Ixjudnn, which ve.s.sel luul lieen wrecked ih,' liie Deseitiis, Tlie Ijunel coniinued lier vciyajje on llie 22nd instant. The niaster.dii fiettin}; u)) steani, and not In'tnre, lanih'd tlie aliove-mentioned seamen. •' Tlie master of the .Sen Kiiif.', i'. .'^. t'orliett, did not call at this oftiee, ns is nsual in sueli eases, either for the )nii]ioRe nf makiiij; n protest or t i diiiii a.ssistniice. Therefore, on the "J.'itli instant, 1 sciii to desiiv his aitcudanie. and demanded the certilicate of fi'i^istrv of his ves.std, in jiiiisiiiiiice of instnio tioiis iiintained in No. lii ranij,'nipli of the Hoard of Tiiule Instructions. On handiiij; in his certihcuic he informed me that his \cs.sel had not hecii wretked. hiil that she had lieen sold in London, ami delivered to her owners on the lii>;li simis ; and that himself and his crew had liiud<'.l liere for the piii'|i(i.si> of ii'tiiniiiii,' to Kn^iand as passeii^jers in the \VcMt Coast of Africa mail-steamer, liie at this port on llui .'fist instiint. " The discn'imney Uitween the »tflteni"iits of the two masters led me to seek for further infonniitidii lespectiiio this mutter, and the sulistiilice ol the declunitioli I have ohtained (i-.iii (ieor),'e Kelly, Kdwiinl Kvenill, .lohn Kllison (Loyal Naval N'oliinfeei ■ I",.").'!!!!, and .lolin Ilircus, all seamen lM'loiij,'in^' lo ihc I'li'W of the steam-M'ssel ,Sca Kiiij;, is as tidlows: — '■' The hiui'l sailed from Lixerpoid Ixniiid to Nassau with ;.'4 supposed olliceis and 17 seaiiiiii, liesidcs her own crew, l.i |o till shells, jdiiait live tons of jniiipowder. and vaiiiais other iiMinitions of war' siie jiiociMMleil to Madeira, where she tinik alMPiil .lIMI Ions of coals. The Sea Kilij; sailed from Loiiilmi on the 7tll instant, and als., priHeeded to the olliij^' ol I'liiii hal lioads. I'.oth \essels tlien steaiiieil t,i n place olVihe heseitas wlicre the sea wa^ smooth, and the ollieers and men. arms and niiinilions of hmi, were transhipped from ihi' Ijiiirel lo the Sen Kiii^' on the Ijdlh inslaiit. The lases of arms were atoii(i> opened, ailil the seamen armed tliiliisehes willi nitlasses and levohers. line of the oHicei's then tci,>lt < eiiiniand <'f the vessel in the iiami' olthe ( ioMiiinieiit of the so-callcil ( onledi'iale Slates of .Vineiini Some of the crew of the L'liiil joineil the Sea Kill',', the lemainder of her intended crew me to lie leiil iMit from l'ji>.daiid.' ■ The 12 ■icjiinen now here, in i halve ol tin' loinier iiiaster of the .Sen K'iii;.'. aw.iiliiit; a pivsHiip' t.i Kli^'liind, refudetl to join the ( oiilederale \e---i I. thoii!,'h as milcli as 17/. per man was olfeiiMl lo thelii us ImiiiiiIv. " In I oiisei|neiii e of havino iH'conie aware that ii serious oU'eliee ii^;ainsl llrilish law liiis lieen cola- niitled on iNuiid a llrilish shiji. I have tliouj^ht it my duly lo take the depositions, upon oath, of four nl tlie seanii n ,■•■•••'■ instriiclioiis. tlie seanii n of tint Sea Kin^t, which I have the lioinmr to I'orvMiiil to iln' I iSltlollS, llpl ioard of Ti rude, iieeordiim in ' These ilepisilioiis, in my opinion, contain evidence sn(licic>iil to miliHiantiate a charge ii^iiiiiNt ihi. iiiaslc>r, P. S. ('orlH'tt, of an iiilViii>,'emeiil of the {''orei;,'!! KnliMtnieiit .\c I ; I iheri'foi-e, piirHiiaiit te lain^rnipli 127 of the ('oiiMilar Instriic lions, deem il phiiier to send il Ilender in safe eiisiodv i,i Kii^'liind. in onlcM' that (n^'ni/aiice of the otfeiicc nmv U' taken. "I lini satislied thai llle 12 .-eainen now here aii' aluMit to proceed to Lic^land li\ the West t',„|,| i( Africa inail-steainer. wliic h lea\es this |iort Id Kie.daiid on this cla\, " I hise, Ac I.SlanecIl ' IfKSIlV (' (llUITAN." liulo«'d in the above Hiport wen- i|p|)o»itlonmm oalh made by Kovcrul seuimii, c whom two belo board of tlie I also a stateiiicni These dcpi " I sisned a.s sea; after Severn Madeim; on the tlmt weiv hiyiiic,' t and wn.s luwweioi pnsseugers to hoia mo these words, ' After thin lla>,' wai what I helieve to of the Laurel win sii. In the meant jireveiiter lifts am Lawrel, I think lo in forward ; all lif Laurel, who had o told us llial he V Coiifedemtc lla^j, when the men w( Well, iiieii, 1 havi Captain t'orbcti si captain at thi^ tini my naval certitie proccedill},' to Ho Follow nic (and n our money in, ainl cannot ycai tin in I life, and therefore to c wn it. lie s I had the Naval cciiilidc'ice in nie ■ have no need to n down lai the capsi nliip ; what have idkcd loo much, liiiard the ,Sea Kill aliiiul III/, per niol went, willioiil licj sii;lil. and came H liiiiir and a-half end. When he tl 2iltli, at nielli. "i( the chief olllcer came from, say >| " This depo (Si;.ne, " Ttnnif. '■ " I shippci \\\vt we 1^1 I 1 ji I dodLliliK aloiii; Il carried on iiiiul ' sti.oil out a<,'aiii we ^'ol alireasi c| lyili;.' at anchor, wc were liillowJ we liiMil our slJ cllalc'lv uc-sel III Iniindcil all Isial siilp to all aih I'liptaili III hei rciiunielietMl to • Appcntlix. vol. i, p. -177, fill . . « W «» « i|*!*J , ■ llic Wont Ciini.: 187 Part VIII. w'lom two belonged to the lloynl Naval Reserve and all had refused to take service on board of the Sea King when she was declared to be a Confederate ship of war ; and ^'*® Shenandoah, also a statement signed by the master of the Sea King, These depositions were as follows : — * Ih-jmsilion of John Ellmn, R.N. V., 18,636. "I signed lis (iuavtoniii\sl(>i' in llio Son Kini,' on or alumt the 8tli of October, 1864 ; proceeded to sen' ni'tei' sevevid diiyN «'o ciinu' olV Mndeivu ; on the snmo night a stenmer went into the port of Miideim; on the following nmrning tlie Sen King went into the hay, and signalized to tlie .steamers that weiv laying Ihero, and al'ler two lionrs the Laurel came out to sea, and .signalized to the Sea King, and wa.s an.swel'cd liy lioiHtiiig No, It jiendanl, which I hoi.sted myself. 1 was ordered hy one of the iMWsengers to lioist this pendant; the captain whs (m the poop ri the time, and, tnrning round, said to me these words, Who oitleit^d that \ii'ndant to lie hoisted ? haul it down immediately ; which I did. After this Hag was hauled '".own — nlioul lhree-([nHrters of an hour afterwards — the Laurel anchored off what I lielieve to he the hesci'las; the Sea King anchostd within about .30 yards of her. The Cnjitain of the Liurel was on the fiutieaslle ; our captain said, 1 will come alongside of you tlirectly, and he did so. In the meantime the nuMi wcie eiwtinu tackles, rigging purchoses to the port main-yardarm, and uieventev lifts and rolling tackle ready. Alter this, commenced to take in large heavy cases from the Lnurel, 1 think four or live, hy means of other purchases. Small cases and casks of powder were taken ill forward; all lights ordert'd to lie put out. These orders were given hy some of the passengers of the Laurel, who had eniharkeil on hoard the Sea King, and not hy o\iv captain. One of these jiasscngers told us that he was tlu^ captain, and Inul charge of the .Miij), and (udered tmr cajitain to hoist the Confederate ling, which whs done, Shonly after, our captain gave orders for all hands to lay aft ; when the nu'U were aft, (air eaptnin came out of the sahion with our articles in his hand, and s.iid. Well, men, 1 have .■^nld the ship. Imiiicdiately, the ca))tain that had charge came out alongside of him. C'liptain t'orhett said In us, This gcntleiiian is offering 4/. tor able seamen. I was standing close to the caiitttin at the time, and 1 said to him. I agreed with ymi in London to go to liomhay, which 1 have my naval certilicate t>i pliive. I told him, Vou have broken your agreement; why are we not proi'ceding to Uoni'iay '. lie said. Well, men, 1 cannot help it; and, buttoning ii)) his coat, he said, Follow me (and ran to the gniigWHy), 1 iiiu off I said, Ia4 him go; this is the ship wc have earned our money in, ami ought to have it out of. After he had gone, one of the ]ui.sseiigers said to me. Why cannot vein go in this ship >. it is good money. 1 saiil 1 had never earned a shilling in America in my life, ami therefore I did not wish to light for it ; that Knglanil was my iiaintry, and I was not ashamed to <\\n it. lie said. Why ( I said. Von do not know where 1 belong to; do you see this on my cap I I had the NhvhI Keserve cap on hV the lime. If I were to desert from this y(Hi could not jilace uny (•oiilidciiee ill nie ; you limy try, but it is of no use, 1 have got the wrong heart in me for this, so you jmvc iio need to try me any more. I said to ('Hjitaiii t.'oibelt, 1 slop in the ship till I get my innney (liiwii on the lapslan-licHd. lie said, Men. I have no money to ])ay you, I said, Ycai have sold the uMp; what have you done with the money '. Ue .said, 1 have no money to ]iay )oii here; lit^ said I I liked loo much. I said, I will see you when I got to Kngland, The other Hoyal Naval volunteer on liiiaid the Si'ii King told ine that ( 'aptaiii 1 'orb ' had olVered him between lo/, and 2il/. hoiiiily, ami al)oat 10/. per iiionlh, as near as I can rocolli .1 , lie refiiseil this, and in ahoiit half-an-hoiir all the men wciil, wilhoiil being paid, on hoard llii' l.a.irel. The Laurel went to reconnoitre a shij) which hove in si'.;hl, and came hack and signab/ed that she whs a Hamburgh vessol. The Laurel laid olf aliiail an hour ami a-hidf, trying to )iersuade us to join iho Sea King, Captain Corbett doing his uttermost to this end. When he found it no use Ihev hoisted 'he hoats and laocoocloil to TeiieiitVe, where we iirrivod on 20tli, Hi night, Hlid were not nllnwed In hind u itil the L'L'nd, When the sIimiii was ii|i, ready to depart, the ihii't olllcei' came forward to (he men of ll,o Sea King ami said If anybody asks you whuv you came lioiii, say you are ciistavay seHineii, an. I ttdl the Consul the ,siinie, if i(i|uired. (Signed) ".IiiIlS Kl.l.lsiiN. " This deposition was made heforo me, and read over to the deiioiieiit. ^Slnll^d) ■' III AUV C, (ill.Vl"l,^N, rc/l.vii/. •■ Tai.nf, (hlokr 2\K IHlll." IkfHuition of John Allni. RX. J'. OoO. " I shipped in the .N'h King for a voyage to noiiiliiiy and China ; voyage not to exeeed two yours, .Mlir «e gi I oloar of the ( 'IihiiiicI «i' Ntopjied Iho hloitni iind laoceedod under doiililo-roi'fod topsails, dndiiing along lor hImhiI lliieo da\s, as far as I recollooi, looking lor something. We then made sail end I allied nil aiilil we came tu ihi' island of Madeira, iiin in |>asl it at night, llii'ii roiindod the vessel ti , mid sti.od out again (ill I the imaI niianing ; then got kIoiiiii up and si I in lor the harbour again. Winn wo got ahii'iiNl of the hail our We hoisted our niiinlior, which was Hiiswerod li\ the Liiirol sleani-hial lying at alicliiH'. Iliioclly alleroil iho Mhip's head (Hilwaiil, iiml si nnd away from the harlioiir, Tlau wowiMc followed hy the Laiiiel slomiioi, v.hiili not under weigh iliroclly wc sigimli/od liei ; thou wo la\od lair sioani iinid slu' I aiiie up to us, she then sigiiali/,ed I'l iiswlion she wac going. Iiniiio- iIImIoIn wo sot lull ••liamoii and niado all sail. Wo ran for Hlnait two hours and it hall, when the sloaiaor iiMimlod an island, and Wo hdlowoil In r. taking in all sail; and going up iindi'i I'lisy stoaiii. hnaight ilie sl.ip to an iinohor in IT fallioms ,\ lioal Imm the litllo steamer oaliio alongside of us, willi llie l'u|itaiii 111 hot and lohl our oiiplaiii that ho woiiM lio alou^sldo of liiiii in a low minutes. Thou \,ii iniiiiiioiii'oil III sociii'o oiii in,,!iiyaid and got a poiidaiitlrnni iho iiiasi head, and got the lackh' lau'lod [•■•' A|))it'n(lix, vol, i, |i. ITS, 188 Part VIII. The Shenandoah. on all i-eady for taking some lioavy weight on Iward. 1 commenced slinainR tlie ciises iintil about !» o'clock, likowi Then tlio Ijiurel came alongside us, and we commenced smmns tlie cases until auoui ;- ouu,l..v, ......vise ca.se.s of i)owder, which was cuiiiod to the after cabin and stowed awav; likewise lar^e cases of shell and shot; also cases o I nlies, and a Kient many cases of clothin},'. About !• oVlock we went to our sujipers past''.), and continued workint; till about 2 in the innruiufj taking nike^s to lie put out. They gave us a glass of were not asked to turn to work, Went to work again about lialf. of |ir)W(U>r; all liglils ordered rog and let us go to bed about 2 o'clock next iiioniing. We After bivakfast tiie hands were all to come aft. Wlicn we were all mustered aft, Captain ("oriielt waited for the person who iiioved to Ik; the Captuin, and look charge of the ship Then he addressed us in tiiis manner: Men. 1 liave sold the siiip ; you who HI e to stop in iier, you will get very good wages, and I will give! you two montli.H' jiay. The men refu.seil to do so. ■The new t'aiitain spoke to the men ami told them lie would give, them two mcuitlis' advance. 71. |)er month, and 10/. l)ounty if anv of them would join him. The liiird engineer and two or three of the til-emeu joined iiim. the new cajitain came to me whilst 1 was on the juiop, it U'iug my watcli, and tried all he could to jiersuaih! me U) go with him; olfered me 14/. a month to go as jj,aiiner's maU', which I told him plainly I dare not ilo. as I liclonged to the Kuglisli Xavy already, and I dare not f-o into anv otliei. Wlien tliev Ibmul tiiey could not persuade me. they went to Captain Cnibetl to try il' ho could not advi.se me to do so. .^s I caiMC otrihe |)oo|i, ixa all hands were stunding round the (tal)in (h)or to see liic Caiptain. tlie Cajilaiii, Captain Ciu'bett, cauii^ out of the caliiii and called me in, and told me I was verv foolish to lo.''i report me, iiiu' let it be known whi'ln I was, if I wtaild go, and I thanked him, and told him I wouiil go home and repoii n.y.self, and walked out of the cabin. The Captain came on deck and the men asked liiin to give them three mouths' wages ber(ae they W(aild leave the ship, which he icluscci to do. He said, there is the steam-boat, and you can comi^ along willi me. He told MS he wcadd lake us to Knglanil ami discharge us, and if thi! law would allow us anylhiuft he «(iuld ui e il to us. .S'cing it wiut no tise hanging on any longer, we ]ait out' things on board the steam-boai and wailed for the captain; as soon as he came mx bnard tlu^ stc'amer shoved oil', got her .Hlcani up, ami at this lime a -iiiil hove in sigiit, ami the laptain lowered his boat and went (Ui board thi^ iSea Kill};. .Again piiUed back as <|uick as he cuuld, and put to sea, till he iiiadi^ out what the vessel was. anil then stood back for the .Sa King again to let litn- know it was all light. We hovered oil and on till aUait ."> or li in thi' e\eiiing, as the Captain could not. gel any of ii.s to join. .Scinio ot the tilth' steames's hands went. Tuiiieil away and made lau' piLisage towards Teuerilfe. On arriving iheie wei-e not allowed In hind until the hiiuel wiis ready fni sea with her steam U|>. ■The above lias Ikhmi read over to me and is coned anil Hue, i.^ignedi "doii.s Al.i.DN, hi.s X inaik. '• Tliis dejxMiilion was miuh) before me. rsigned) "IIk.vhy C (iitxnxs. f'linsi'l. " T-iiirif, Oiiolhi- 21», ISI14," this person wu on until 'I'uesiJ out-side the to\ then we kept < htenmers lioi.st there, mid the with a topsiiil-i also four cases were some gut open. Several ,sohl the ship; nnd lie liiiasell to li/. and 7/.; stoppcil. I bclii home. We w( was lioi.steil afl ■• The abo^ "This (lep (Sigiii Tlu' iims HUUuiuhI iiJ (III •'The abov piilts nil the p; niilliiliolis of w Oilnlur I sold I liy tjjc said :*alu •This stall (Siglic Ih iHisiiiiiii iif Till •'■nil Ki'iriill "1 sijjiied ^is ordin.iry se.ini in in the Sea King, mi or al)iail the .Sih nt ((cinU.i; s.ided liijin lyonih'll. sllppoKC lo Ih' going mi a vnyagi' to ilmiibav. \c., Miyage not to exceed two veals. When the \e.ssel let! there were Iwn pei.toiis n|i board not l-'lmiuing lo the eii-w ; mie ol these |iersmis went ashen; al jle.il, ihe other prneeeded mi the v oviige with lis, .\bonl tell davs aflel' leaving I.iilliliill we ho\e In iH'fmc the hlanii <>l Madeira, allel' having lieeli iloil:.'iMg iiIhuiI .ill lii^'lil. We signalled to solium veH.se| inside I lie harboiii, and soon after a steaniei i aliie mil : We lucmnpanied her to an cdaiid nbmit .'ill nnlev fmni .Madeini. .Vs soon as we had let gn mir iiiichm the other vesstd came iilmigsiile n| in, unil we liegiin In tniiisliip },'iins mill iimiiiunilion liitii till Sea King We wnrked till late, and when we liml (tone the mile I .line into the Inii'i astle and lold us that the .Sea King was sold In llie Conrcdeialc (iovcrnmeui lur a prival • •!, and if we likeil to join we shmild u'el I/. MK a iiioiilli, two inontliH' wau'i's fliim the Se.i Iviiig. tw.i niunilis' adviiiiie trmii Ih" Slienandnab the name j^iveii In the Sea King, iinij 111/ bminlv Next nimniiig. alter we hml tinished the Iraiidiipliienl Ciiplain (niliell e.dled the hiiiiiU nil anil I oiroboiiitcd the male's ''lateiueiit. hiilher saving thai, if we did not like to join he would ;.'i\i, lis two months' wage.* and pav mir piis^a'.'e In l-'.iiLrland Wi- would iinl agri'c to this, .n he said we inust gn ill the Mleainei alnn'.'Hide. and We said We wmild settle it when We gn| lo Knj,'|aild, The new ( 'aplaiii nt the .Sea King then nd'eivd IIS 11/ per liinillh and l.V limillly: lliell aflerwalils nn.^eil Imn uMi'Is In 7/ pel inmilli and Hi/ bnimiy, but milv two lads jointst We then look nm i Inthes nn bnanl ihe |,tiuivl iiiid we left the Slieiiandnah in ll veiling; she lioisted the ('null derate May The passenger who Weill nut Willi IIS was the |''irsl l.ieulenalil, Wearrived at TeiiehUe next 'I'hill'sdiiy.and landed the Saliiidav Inlliiwing, and laive since Im en living at the Ciiplaiii's e\|H'nHe, wailing fni the maillHtat in ndie n. limiie " Tlie iiIkpVc has Im'iii ir al nv er l.p liie. iHlil is I nriii I and Hue. (Signed ■ Tl|iiM.\n KVKIUI.I. "TIlis iteposiliiiti wiiM i.iiule iM'fnre Inc. (Signiidj ■ IIi;miv c dim rss. / "-iii^*'>\" l>ffimiHiiH ij li'tDiiff Kill//. " Till' Sea Kin^ .p^aih'd imni l,miiliiti nn ttic nlmve voyaKtt ; ilit whHi m slie >{iii eleai n| |||„ i I,, i,,,,,! the steam w.iH taken nlf. and .ii On tlic ■Mv bnlil. ■• We iile iiislMiil. shiliiiv nil llir r.'lll III niiialo V III lue' llliil Vc-sel ill lliclll 111 the -^ ilepiHilioils nil I lie liiiil ileeiiiei inlniiL:*' llie l| '■ ■ Mill Vil mill ll vniir * l.aviilil wl lclc:jl;ilil lereH InhHItienl tliall im in iNe inlll.f ■ We are I'lisi ■•( llie Sej III IiIm'I tlie I 'linlir till III. It Wil Mr rmisiil (f vtlliilll We llll| MU'l'lll- of llie KtlllKtllieiil .\| llill«l have 139 Part VIII. this person was not n passenger. On Monday night or ai'ternoon came ott' Madeira an lodged off and on until Tuesday morning, then the Captain gave orders to the engineer to put on lull ^ am till ho got Tiie Shenandoah. outsiile the town. He hoisted signah* ; they were answered by a steaui-hoat that wa.« lying inshore ; then we kept off again for a couple of houra. The steamer wliich signalized us came our, and both bteamer.s liiii.stL'd signals. We made all steam and sail towards the lee of an island ; we anchored tliere mid the other steamer came alongsidi! of us. The boatswain onlered us to secure the mainyard witlni tnprtiiil-sheot, and to put tackles for taking in three tons weight. We took in some heavy cases, and also four fliiiiil A'o, iS/Al, iif Ldiuion, has been tiolil hi/ Mi: P. S. Corhitl, the Maxtii' thereof. "The above vessel left bmdon on the I'.ttli nf (Iclolur, 18(14, bound to liomliay, calling at port or iiiirts on till' ])assage. The cargo consislcd of coals and ))rcpvisions for the voyage. There were mi iiuiiiiiiiiiis of Wiir whatever on bdiii'd. I iicid a cerlilii'iilf iif sale from the owner. On the lUlh of Ocliilni I sold Ihc said ship, receiving tlie aniouiil iigrced upon as ]ier bill of sale. I iim not aware thai hv [lie siiid Side I ill any way infringed tlu' Foreign Knlisinient Act (Signed) "1'. .S. Coubktt. "Tliis sliileiilciil WHS liiiidc before me. (Si'ilied) " IIi;M(V C. (illATT.VN, C»/(.sI(/. •■ Tnin-if, tMnlu I- li'.t, I StLI." 'I'lie F.iiw Oflicors of the Crown were I'orthwitli re(|iie8te(l to advise the (lovernment as to ihv' ('(Mirse whicii should tic taken in relation to tlic lae*s stated in tlie above Report. On the Nth iNoviinber, lMfl4, the Law Ollicers reported their opinion as follows; — t WSn KVKIUl.l Thi l.'iii' Ollicii-s ii or about tlie J."iih of September la-^t pitst, I and .lolin Wilson, a .ship's carpentiM', weii' lookin.i for r, shiji ill London, and went on lioaiil the steain-ship .Sia Hi ig, lying In the Kasl Iniha Itork, iiii.l »|M)ke to the Chief Mate. lie pointed out the ( 'aptaill, whose nilliie, we Weh! illforiliecl, Was Co] li|.|t nnd we spiike to Inin ahoiii goini; on the ship, lb' askecl us if we HiTe single men, and said he wanii.l all single men il hi' i on Id get llieni He told nil' tliat the sLip would In' ready ill ti'ii days or a fiirtni'..'lii nnd il I llki'd to wujl ho \miiiIiI gi\e nie the ,-|iai Me askei! the eai'|ienler if he loilld eoine to wml; lit once, iiiiil he mnved to do so, and uent |o work the next inorning. (In or iiboiil the .^ih of OcIoInt I Went 111 the Sailors' Iloiie', nnd there signed iirlieles as alile seaman III LV. |(K. a-niontli lor ii voui'.'i' to lloinlp»y, iheiHc to any pmi or jiorls in the Indian < treaii.oi- ( 'jiina Seas.,bipan,or Australian ( 'oloiiii's, I'm i lie or .\llaillii' | Irealis. and lnnk to ll |Mi|t in the fnilid Kiliiidoln, \ii\age not to cm eed two \eiii< 1 h'li'iveil a Hole lor II inonlli's advanee, wiiii h I got i ashed al I-iiln'lla < aldel's, No. ('., Iln'ij Siieel I'..i^', Lmdon. " I In I'lidiiy, the Tlh n| (lilolM'r. I look my i lothes mi lioan', when we were told she was not gi.in tliitil S.itiirdav morning, the .Hih. ' The other deponeni, who was the .lohn Wilson referred to in llorcus's stiiteiiieni, deposed to a like ertecf iix to both the terms mid the mode of hiring. NN ilh reference III the persuasions ii-cd in order to iiidiiee ihe men to enlist in the HlTvice o( the Confedeiatr Stales, the s,iid .lohn NNilson depo-ed as follows; — | " ,\ller We liail liiiislieil taklii'^ III (lie lliings Iimhi iIio Ijiuh I. llie mat Ilie and called all liiin I, nff. Mini siiiij th(. I'lipluin wantiMJ in Hee IIS. Wo all went illld gullieieij loiiiid the cahlli iliiols, alii Captain Cork'lt ciuiie out lUid tiuul, ' Well, men, I Imvu .^old llie .shl|i In the Cnlileikil.ileM ; nIih is |,, ApIM-IHhx, Vul. I. (1. 111. f Ihal., ]i. 'tHIt. ) Ibid., |i, I.1H. tlio sens. In liiicl Section IT Mnjestv'a fill, or eiubiu'k , &c. ; anil to ship or vessel St knowiiii,'ly if^reed, &u., to the intent of ])art of ' IIov itiHJi ship (JH m: 111)1111 the thiit in the niiniiiiil li'oiii mnnitted. It on hoiinl in encea af^iiinst so conclusions iily-two nun, licitiir to the hi' Solicitor lie pcct to till! 'ii;,'iij,'cnients of he sailed tiuni I. I'AI.MKl!. I.I.I I'.II. iiii.MMoiir.." 'c iinmctliate of the Law Note,* sul). •y ivhitinjj to > had .sliippod iMighind t'roin ily ciroiicous, il (irattan. is, deposed as •r, we'll' loukih;' India I Inck, {iij,| I'd, WHS ( 'iiilicit, wiid lie wiiiiicil s or II fortiiiu'hl, d Ci'llH! to Wiilk ."ilh uf OcIhIhi- ilii I'nr II Vn\a_'i' li.diaii ( 'I'liiMii N, I'cil Iwu \niiv lihl Stn-et lui..;, 1' WM-* hoi f;iiiii. h's slatetiient, enliiit in the -t alh'd all ImmK idiiii diiiirs, uiil 'lali'.'« ; «ln' in tn 141 Part VIII. beloii" to their navy to be a cmizer, to burn and destroy merchaut-vesseLs and whalers in particular. She is not to (Ifiht, l)ut merely to take jirizes, and there will be a tirst-rate chance for any of you young ^^^ Shenandoah, men ^^■ho will stoj) by the vessel, and 1 .should ailvise you all to do it.' The general rejily made by the men was, that we ditl not want anything to do with her. The new captain then came out of the cabin and asked if ^ve would not join. Me \\ns dressed in a grey uniform. Captain Corbett introduced the man when he canu! out as the American officer who was to have the command of the ship, but did not mention his nanic ; said he woidd ]>ay the seamen 41. per month, and 10/. bounty. One of the ('n"inccrs, one of the firemen, and two of tlie seamen consented to join, and took the bounty and signed the ail ii'''^' The oUicer in uniform, when he came out to \is. announced that the Sea King was now tlio Shenandoah cjf the Confederate na\y. Liipior liad been served among the men during the time we were making the transfer in jirolusion. Some were under its inlluence. It wo brought round twice 'ifcr wc "ot through, and oifered to the men.- They made great eflorts t(j induce tlie men to join. Thev raised tlie wages to 71. and l."i/. bounty for aide seamen. They offered me IG/. a-month and 15/. liiaiiuv. 1 declined to accept it, or to stop with them on any terms. A bucket of .sovereigns was I r(iu"i\l iiiil on lilt! deck lo tempt the men to join. A portion of the crew of the Laurel joineil. The 'rsnii whom t'aiitain Corbett intiddiK'ed to us as the commander of the Shenandoah came out on the 1 null ■ there were a number of others who also came (ait cm the Laurel ; 1 .should say about forty. \\\' left them "" board the Shenandoah. Soino were acting as officers. One of them, pointing at the coimnaiiilei', who was standing on the deck, said he was Captain Semmes.' tfcrcns deposed to the same effect. Describing the inducements offered to the men, lie said : — * " I said I shonll not join, but four others said they would. One was a fireman, one an engineer, and Iwip were ordinary seamen. They "' 'le under the inlluence of liipior, which had been sup]ilied freelv to all who would t.ike it since we commenced taking in the guns. When they found iis unv illiu" to ','o the wages and lioiinty were increased, until we were otl'ered 71. a month and 111/, boiiiilv, and In sign the articles for si.\ months, A bucket cniitaining sovereigns was linaight on deck, and the ullicers took ill) '"''idfuls to tempt the men on cleck. The four who consented to go went into the cabin, and I attcrwaiv. „\\\ one of them with twenty-eight sovereigns in his hand." He added : — , " When the American officers w ho came from the I.nurel to the Sea King were trying to persuade ns to "o in iicr they said, ' Voti had bi'tter go in the Shenandoah ' fwhicli the Sea King was to be ('•dleili. Tlicv pliiinised ns the best nl living, and said that the best cif the provisions would be taken cut ol'llic pii.^c*, and all that were then aboard which were no good would be thrown overboard." It was .stated by the deponents that the otlieeis wiio liad goi:. out in the Sea King, iiu'liidinu,' tlie eaptain, irturned in the Calabar to ICni^laiid. Tlie only exception was one oiflio engineers. The statement that Captain Semiues was on board of the Sea King was eriDiH'oiis. 'i'hc copies of depositions sent by Mr. Adams were immediately laid before the Law Otliievs of tlie down, wlio, on tiie l.st December, 18()4, advised thereon as follows : — f Till' Liif fifliirr.t (,/' fill' Crini II /:< Kiirl li'i(.'i.d in Mr. Ilamiiiond's letter of ih.e IDih iiltiiNo, statin',' that, svilh reference to oiir licpnrt nj' tin' I.'pIIi November, he was directed by your {.(ud'liip to transmit to us a letter limn .Mr. iVdaiiis, inclosing copies of the depositions of two nii'ii who latclv loriiicd I'iiil of tlie crew I't the Sea King, and to reiiuest that we wouhi take tlii'se papers into our 1 oii-ideiatiiai, and favour yoiir Loi-dship with such obser\aiioiis as we might have to oti'er ihere- n|Hin. " Mr. Ilaiiiiiiouil was also pleii.sed to state that \\e should observi' from the iiccompanuiig dral'i of n letlei' to the Til aslUV lliat the Lords ('oininissioliers have been iciinested to instruct their Solicitor to take the depo^iions, and to proceed ill this case in other respects in the nianiier reeoinnieiidcd in our lliport ; and that a despatch ot .Mr. Consul (irattan was also inclost'il. ■ In oliedieiire lo yoiir Lordship's cnniiiiaiids we liaM' taken these papers into our consideration, and have llic honour to report — " That, in oiir opinion, the d'posilioiis now forwarded by Mi. .\dains are siillicielil to prove that Captain Corbctl did in this coiiiitiv engage and pri'care the deponents to serve as sailors on board tliij Sea King, which ship I'lom the whole of the evidence in the case, we infer to have been then a vessel inieiiileii by him to Ihi iisi'd lalter she ilioidd have been taken to the A/.ores) in the Confederate .service. Th.-c liicis raise ipii stioiH similar to ilmse which were iiiMihcil in the cases of the Meanieii on board llii-di'iiigiil and I eippahalilioek, except that lioiu' of these |>arliciilar deponeiils accepted the ( 'oiil'ederale servile when the 1 1 lie object of the \o\agc wiis disclosed to them. 'I'liose i|Ues|ions, upon ihe einsliiic- timi MJ the Act, are not free I'roni dllliculty ; but in some of tlu' other cases convictions have been elitiiii'd and Kiiliniilt<'d III ; and we think that, even if Iheiv Were no other point arisiic.' upon his act.i wllill lie haililed over the ship to her ( 'olilederate Ciilillllillldcl', il would lie proper, upon ihis evidelici', p. 4I1H. AiiiM)iidi.\, vol. i, p. \m. f it)al., p. lUll. 142 " that Captiiiii Corbett slioiikl he pvoseciited for a violation of tlio -iiid section of the Act, by procuring', or The Slienandoah. nttenii)tin.' to procuif, tlicso. men, and others unknown, to s.'iNe and be employed, &c, or to ^'o nn.l embark from Liverpool for the purpose or witli intent to serve or to be emi)loyed, &e., contrary to that section. , . •,■ i ^ ir- i ^ . . "We furtlier tbiid<, ou more deliberate consKtcratinn. that il the f^ea Kinj; on},'ht to l)e deemed (n.s tn-imd fm-ic we tldiik she mav be) to have been still a ibitisli shi)) when (.'aptain Corbett endeavourcil to induee the men on br„.rd' her to aiveiil the Confederate: serviee, the (HiesUon whetlier her deek was not tiien ' a i)laee beloiifrim; or sidije.'t to Her Ma,i<'sly ' is a serioiis one, wbieb (ai<,'ht idso to be raised bv the indietmeiit. In'^mr former liejiort we slate ^....^.. <^v>>-'^.,u «wu>^ lit' i^Kiv 111 tin; endenvmns made to induce the men to enlist, and tliat the persuasion used was used solely bv the Amerie:ms wiio presented themselves as Confederate oHicers, 'I'lic Chiel Justice put to the jury tin; (pL'slion wiu'tlier the dercndant did, in fact, attempt to enii.st the men or i)r(KUio them to enlist, rt serving; any (piestions of law which niii,'ht be raised o!i flic part of tlie detence in case liic answer siiould be in the atlirmative. The jmy returned a vcnh'cf of " not guilty. " The first mute of the Sea King, Ciiarlis luisman, who was examined for the defence, gave evidence. In the course (d" his examination, as follows : — •' I wa.s second ninte of the Sea Kin;,' when I .siileil in !icr on her hrsl voyage. I was first mate nn her when she was suld to the ( >nlVdi rates. Mr. It. Wriizlil w"s her owner. She wius to ^u lo limnliiiv and nolliiu;.; wasmiid a> tuber ultimate deslinalio'i. She look in H.'iOtons of coals. It was an ordinary carjio.and < n.ils at that time |>:iid the In-I livi;:ht. Shi' liail forty-li\t' hands the livst voyage, and Initv seven llii' second " 'i'hc steward oi' llie ship. Juliti K. Hiown, who wa^ also exinnined for liie defeiiee, stated that, when she left Lomliin, liieic was iiuthin!'; out of the usual foiiise iu her store.'* which might lead to the stippusiticn that slii- iiud any (illur (lestiuatii)ii than the I'iast Indies. In cross-examination lie said, " Steameis uflcu take cargoe.-> of eottl lo the East Imlici*. Siie Imd nearly as muiiy croals on board as she could carry It is not an unustiid thim; to send a power of tale with ships uoiiit; on a long vo\agi'. " With (he view (d' (dilainiii'.: lurther itilorm.alion respecling the Sea King, Mr. ilaia. moiid, oil the lJ7lh .laiuiaiy, l>s(i.'), wrote tn ,\|cs>rs. ilidiertson and Co., id" London, who had originally lieeii |)art-owiier^ inni managing owiieis of the ship. Mr. llainmoiid'.s letter and the answer returned by Messrs. lloberlsoii and Co, wcro rcHpeclivcly as follows ; • Mi; JliiKHiiiiiiil In Mi:y;i!i. Jiulnrlauii mill I'll "(ientjcnicn. . " Fmnini '>f/i". liiiin/ '27, IMk, ■ I am diiwied by Karl Ii'iissel! l.i .tale lo ymi that liis bmlship has' been iidori I llmi il,,. Hlieiiaii.loah. a full riu"..'eil ihip of l.jlMl i,,ns funl l.'."iU horsepower, now slaU'd to Ik'Joji;.' lo the (luseni. Ilient it Iheso.iiilled ( •itiledcnile .H|,iles. \mh fnnuerlv ill the |.ossessjiin iif your tlrin. at wliieii linie s|||. •"'1^' '11'' ""' I 'he Sen Km:'; and I am diiccieij t mijiv whether v>ai hiivi' any objeelioii to iiilniin his l.or.|shi|i ol the ciicumsiMiic.'M uiidei which \ou .sniil the \exsel, and piiiticuliirlv win Iher -hi' «m. •old lo an uj{enl ol lliu so-cnlled t 'onteileriil»i (bivcrniiK'iit. " I am, iVc ^i;-'iicd; " K II.\,v.mom> • .V|'i)iudii, \ul I, j). ■lU" u& or the (lefcnoe, Messrs. Robertson find Co. to Mr. Hnmmond, Part VIII. ,, u- . " 5, Newman's Court, Cornhill, London, January 28, 1865. The Shenandoah, '■ We beg to ivclcnowlcclgo receipt of your letter of yesterday, luid to inform you that the Sea Ki g sold l>v 'IS to a British subject, a Mr. Wright, of Liverpool, through the agency of Messrs. Curry, Kellock, aiid (!o. of Liverjinol, brokers, in the usual way, and that the bill of sale, &c., passed through Her Majesty's Customs in due order. "After the sale of the vessel we liad not! iiig wlintevev to do with her, and she remained in dock ftiv some weeks, and was entered out for HoudJHV, which port, we were informed, was to Ije her destination. " \Vc are not aware, nor have we any knowledge, that any (Jonfedemte agent had aiiy tiling to do with ♦ llie^hi]" (luring lier stay in this country. ■• The Sea iCing was only 1 no horse-jjower, and not, as stated in your letter, 250. " We have, &c. (Signed) " EODEHTSON AND Co." On inquiry, it uppeared that the Sea King was a screw-steamer built at Glasgow in the vear 1803, witli a view to employment in the Cliina trade. She was originally owned in siiares by several part owners, Messrs. Robertson and Co., of London, acting as niana"-ing owners. She sailed from London, in November 1863, lor New Zealand and the China' Seas, carrying troops tor Her Miijcsty'f. Government to Auckland, wlience she proceeded to Hankow, and returned to London with a cargo of tea. In September 1864 she was sold to a Mr. Richard Wright, a shipowner of Liverpool. Wright, on the 7th October, 1^01, granted a certificate of sale to P. S. Corbett, the master of tiie ship, by which he was em|iowcied to sell her at any port out of the United Kingdom for a ])rice not less than 4.'5,O00/., within six months after the date of the certificate. When originally fitted out by Robertson and Co., and wlien sold by tiieni to Wright, she had on board two ovdin:>iy 12-poiinder carronades, intended only for use as signal gun.s and for other uses coimiiuu in merclumt-vesseis. These were the two r2-pouiKU'r guns hereinafter referred to. The crew of the Sea King signed Articles for ti voyage from London to Boiiibav (calling iit any ports or places on the passage) and any other poits or places in Iiuiia, ('iiiiia, or .lapaii, or tiie Pacific, Atlantic or Indian Oceans, trading to and from as leal frei,!;lit8 might offer, until tlic return of the ship to a final jioit of di.sciiargc in the United Kingdom or Continent of Europe, the voyage not to exceed two years. From what has been slalv.'d above, it will liavc been se(;ii liiat the Shenandoah was a steam-ship originally named the Sea King, which had been built, not for wai' but for coniiiii'rciai pm-poses ; that she had been employed in the China trade, and was, at the time wlien slic sailel;uids she wns sol! and tiansli'iied by her owner to the (lovcrmnent of the Conlcdi rate Slates; that she took on board, whilst at sea, her Conunaiuicr and oflicers, all ot wiioni were .\merican citizens, with a small handful of men as a crew ; that tlic ofticers and tion whelher legal proceedings eould be instituteil aiiaiiisl the master of tin; ship, who had saili'd with her Irom London, for hi.« sli.ue in the liansaction, and that he was aftirwards indieteil and brouglil to trial, but was ac(|iiilleil by the jury, the evidence as to his acts i>cing doubtful and eonllieling. The steamer Lain'cl, which conveyed to the .Madciia Isl.iuil-. the L;inis ikslincd t'or ilic .Sluiiaiiiloali anil her I'oinmiiiKki' and (iliieeis, bad on the Mb Octob.f, [''(il, cleared I'roiu the port of Liverpool loi- Matamoras vii'i lla\ana and Nassau, and her ciew were shipped I'or til 1' vuy.gc. Ilcr tlcaraiice statetl tiial she had a crew of lt> men, no iiassengers, and 144 Part VIII " sundry packages of British and foreign goods free of duty. She is believed to have been The Shenandoah, g^i^ whilst abroad to the Government of the Confederate States. Mr. Adams subsequently, on the 7th April, 1865, wrote to Earl Russell, inclosing and referring to a letter addressed to Mr. Seward by the Consul of the United States at Rio Janeiro, in which it was stated that several United States' ships had been captured and destroyed by the Shenandoah. In this Note Mr. Adams wrote as follows :— * "I nm by no menus insensiljlo to tlie efforts which Iinvo nlreiKly lippii iiinde, mul nrc yet inakiiijr^ hy Her Miijustv's Governraoiit to put a stop to such outriijies in this kiiif,'(l(ini niul its (ic](L'iiik'iici.is! Neithi, cnii 1 jierniit myself to chniht tlie favournble disposition of her Ministers to maintain nmicalile relations with tlie fJovernmcnt which I rejiresunt. .,,.,„ "Whilst perfectly ready to hear testimony to the pronii)tnesR with which all the iniineroiis remonstrances and rejnesentations which it has been my painl'ul dn»y heretofore to submit, have 1m.,.,i met and attended to bv your Dmlshi)!, it is, at the same time, iinpossil)k' for me to .lisjnite the fact that the hostile jiolicy w'hich it is the object of all this labour to iireveiil has not only not been checked, but is even now going into execution with more and more complete success." He proceeded to dwell upon the losses which the commerce and navigation of tlie United States iiad sustained, and the circumstances under whicli these losses had been inflicted, and to observe in effect that such injuries must tend to give rise to " tiie gravest of complications between any two nations placed under like circumstances." He added : — "That in this case no such event lias fullowcd, has been owing, in the main, to a full conviction that Her Majesty's Oovernnieut has never been animated liy any aggressive disi)osiii.iii towards tln^. United States; lait, on the cuntrary, that it has steadily endeavoured to discouiiteuaiice, and in a measure to check, the injurious and nialevdlent operations of many of her subjects. lUit whilst aiixiims to do full justice to the amicable intentiniis of Her Majesty's MinistiTs, and nn that acciuuit to forbear from reciiiirse to any but the most friendly and earnest a]ipeals In reas(jii and to their sense of justid. for the reclilleation of thesi' wrongs, it in inqiossilih' to resist the eiuiviction thai heretofore their measures, however well intended, have never jiroved ellective to remedy the evil coinplained di, rroni|Jl to iiei|uit them of any clesign, I am U'luetantly eoiiiiielh'd to acknowledge the belief that, )a'aclicully, this evil had its origin in the (irst step taken, which never can be regarded by uiv (iovernmenl in any other light than as ]irecipitate, of acknowledging jjer.ions a.s a belligerent Power oj the ocean before they had a single vessel of their own to show tloatiiig upon it. The result nf tlim lirocei'ding has been that the Power in i|Uestion, so far as it can lie eiitiliiMl to (be name of a belliLfeiciit on the ocean at all, was aitually created in eoiiseciueiice of the reeogiiitioii, and not before ; and all lliai it has siili,«M|ueutly attained of such a iiositioii has been through the lalxair of the suhjects of the vcit country whieli gave it the shelter of that title in iidvance. Neither is the whole case stated even now. The results ei|ually show that the aliility to continue these ojieiat ions with success cUiring the wliol,. term of four year-* liiat the war has continued, has been exclusively owing to liie op|iortunily to make use of tliis granteil right of a btdligerent in the Courts and the ports and harbours of the very I'ower that furnisluil the elements of its existence in the oiit.sel." Mr. Adiiiiis did not assert tiiat in respect of tlio dcpartufc, e(|uipmont, or armunieiit of the SiiciiiUKiniih there iuul been any negligence or lireach of inteniutiimal duty on the part of llcr Majesty's (Jovcrmncnt ; nor could he Imvo done so with any show of reason. Tiic substance of his com|iIaint, as regurdcd t'le acts or omissions of the Cio\i.'niinent, was, that Great ihitain had declared IniscIC neutral in the wtir and had recognized the Con- federate Slates as a belligerent, and that Confederate vessels had been siiflcicd to enter and make use of the ports and harbours of (ireat Ihitain aiul her Colonies, (tpi.iHv with vessels of tiie United ."states. On tlie 'J.'ith .huiuary, IHC), the Shenundoali arrived at Port Philip, in the Coloiiy of Victoria, and anchored in Hobson's flay ; and her Comniander imniediatcly sent one of the ofticirs of the ship to present the following letter to the (lovemorof ihe Colony; — t l.initiniiiit W'ailihll t,i (IdViriiiir Sir ('. II. Diirliinj. " Cuii/i'ili nt/i Slii/is' sliiiiiur rf inir S)ii)iiiiii/iiii/i, "Sir, ' " Toil I'll Hill, Jim 11,1 t]i 2:>.\m:>. "I have the honour (o nniiounee to yiuir Mviclleni y the arii\al of the Coiifeileiute ,Sta|es' Kteamer .'^lieiuiiidoalj, under my coiMiiiaiid, in I'ort I'liilip this atlernouii, and also to i ninmunieate ilmt the steamer's liiaejiiiieiy ri''|iliii's rejiaiis, and that I am in want of coals. " I desire vniir KAcelleiiey to giant penuissicpii that I may make the necessary repairs aihl •.api.lv fif coals to eindili' me to gel to sei; as ipiieklv as possible. '• I desire also your Kxcelleiuy's iM'riiiissinn to laiiil my prisoners. I shHllobser\e the neiiti.ilnv " I have, fii\ (■Signed) ".(a.s. ,1. Wahihi.! ' The Govei it should be an time, any perse Command before the Exec Council to the its proceedings " Despatches of Nc -rolity, an^ „f Her Majesty, Possessions, for tl as well as official ship iUuhania nt read by the Clerk "After care Honourable the Governor, should "1. That the within twenty-fm further inform liu liv that of (ireat " " 2. That the Victoria the natui lie informed that n.sumcient time not beyond what Croveriimeiit of V are necessary, the will he permitted ".'!. That, in Shenandoah he n and any other pai "His Excell Honourable the C the above recited " The Council States' Consul at 1,1' the ShenaiidiJ knowing whetheij In conforl the Govcrnor'i( United States The Consl prisoners by tf against the ail cause her to li| stated by himi •■,'sir, " I aiii ill <| |ii-ilav. iiiforiiiii| iiislaiit to the nil! lie loiwardj '■ KudelP'lf lli(i honour t' fellowiiig:-- "I. Thai ll llvilish-biiiil slf ai'ii\iil liere. wl| el' said M'ssel II ■•:; Timt ,ii._r el liirnishil „iit I'lititled to| * Ap|)riahx. vol. i, p. jol. t Ihid., p. ido. (01 ,i^'- a^0e .i 1,1 ■ < iilouv : T (• S>ii niiiiil„i'h, l.si;:i. ifi'ili'iati' Still, .s' iiiuiunii'iili' ihui laiis iiihl ■■n|.|.!v ill'' nciilialiiv. I. \\'vii|ii;i,i " 145 The Governor (Sir C. H. Darling) caused the bearer of the letter to be informed that it should be answered on the following day. The Governor had not, at this or any other time any personal intercourse with the Commander of the Shenandoah. Commander Waddeil's application was, on the 26th January, brought by the Governor before tiie Executive Council of the Colony for consideration. The advice given by the Council to the Governor thereon is set forth in the subjoined extract from the Minutes of its proceedings :— * " Despatches from the Right Honourable the Secretaiy of State, covering the Queen's Proclamation of Nf- -rality, and all instructions and orders which have, from time to time, been issued l)y command of Her Majesty, through tlie Secretary of State, to the Governoi-s of Her Majesty's Colonies and Possessions, for tlieir guidance during the continuance of hostilities on the North Americun Continent, ns well as official correspondence and papers connected with the proceedings of the Confederate steam- ship iVlabama at Her Majesty's Colony of the Cape of Good Hope, are laid before the Council, and read bv tlie Clerk. "After careful consideration of these instructions and papers, the Council advise that the Honoiiraljle the (Commissioner of Trade and (Customs, writing in tlie name of his Excellency the Crovoriior, should acquaint the Commander of the Shenandoah — " 1. Tiiat the vessel under his command will not Ix? allowed to quit the auchomge in Hobson's Bay within twenty-four hours after any \essel behmging to tlie Federal States shall have left the port, and further iiiforni him that, in case lie should infringe this rule, his Government will l)e held responsible bv tliat of (iroat Britain for violating the neutrality of Uritisli waters. "2. Tliat the Commander of tlie Shenandoah be re([uested to communicate to tlie Government of Victoria the nature and extent of the repairs of which lie states his vessel to be in need ; and that he lie iiifornicd that permi-ssion will be granted for the Shenandoah to remain in the waters of the Colony a sulficicnt time to receive the jirovisions or thiiigH necessary for the subsisteixe of her crew — but not bevond what may be necessary for immediate use — and to effect her repairs ; and that when the Croveriimeut of Victoria are in possession of the nature and extent of the sujiplies and repairs which are necessary, the Commander of the Shenandoah will then be informed of the time which his vessel will lie i)ermitte(l to remain in the waters of the Colony. ".'!. Tliat, in reply to that jiart of his letter which refers to prisoners, the Commander of the Shenandoah bo recjuestinl to communicate to the Government of Victoria the names of the prisoners, iind any other particulars relating to them which he may be willing to supply. ■' His Excellency, concurring with the advice which has been tendered to him, directs the Honourable the Commissioner of 'rrade and Customs to address the Commander of the Shenandoah in the above recited terms. " The Council further ay inoeecdiii.i; to mid sailing' in such ehnracter from one of the ports of the so-styled t^onfedemcy. , „ ^ , , "4. Tliat it is an established law that vessels are to l)e considered as under the flag of the nutmn where built, nntil legally trnnsfeiwd to anotlier Ihij;. ,, ,. i "5. That said ve.ssid sailed as an En^disli nieivhant-shif Inan an Kuf^lish jiort, and eunnot, until Ie<;allv transfennl, lie considered as ii niiin-of-war. "ti. That not licinj; lej^'ally a luan-uf-wMr, slie is hut a ii, which lier status is to lie eslaMished, and under winch slie dec "7. Tliat her arnian»>nt also from (ireat liritam tn now Shenandoah), holli of which cleared ujaU'r British seal, or, law. , , 1 ■ 1 ■ , 1 • "S. That as such she has conunitted great depredations upon ships lieloiiging to citizcn.s o Ignited St.ate.s, making her liable t ihe diver, he li'pnMs the linint.' nl the nutel slernliusli to lie eiiliirly gone, and leipiires In be rejilai ed, and thai , as three days ninre will elajise lieloie the \es,sel can br slipped, Messrs. Liiiglall<|s s|,ili. tli.v will Hot lie able In ii(enm)illsli the repairs Wllhill ten days lltmi Ihe dale nl their letter. .\'lc I cnii.ideiiiijr these lelleis, tlie Cnuncil advise his lAcdleiicy lo aiillioiize another i uia- iiiunicalion In be addressed tn the Cniiinmiahr of the Shenandoah, drawing his iitleiilinii to the circuni- "lance iIkii Im- had not as yet replied tn liie ivipiivst ha inhniMatioii as to ih. naluiv nl ihi' siippljemif • Appendix, vol. i. p. 5!),'). t Ibid,, p. .IIJ. i,>.TS!-.r-^-T^»^i - 147 I'ilizpiis (if III,, HlANClIAIIO." was addressed Jan nan/, 1805. which he states he is in need for the subsistence of his crew, nor liatl lie funiishtiil (hn IInI iiI' tho nrisoners on board; and that lie be further informed that the (4ovenior had ii|i)iiiliilti(| it Hiinid (if nractical men to examine the .SheiiHiidoah, and report whether that vessel is in a lit hIiiIh to |iHinu)H( to sea or whether any, or if any, what reiHiirs are necessary. For this piu'iioso liin H.M-tiUiMM'y ii|i|iotitU Mr 0. B. Payne, Secretary Naval Survey Board ; Mr. Douglas JJder Sii|ierintoiidi'iil Mill'llii' Vnnl | ami Mr. Alexander Wilson, Oovernment Kngiiieer, to be a Board to jnoceed on iMianI llin HIiiMmiMloiili, ■lud report accordingly. "His Excellency then lays Ijeforo the (/'ouncil three lettere which have liean addiiwiiud U\ liitii by the United States' Consul at MellMiuriie, dated respectively the 2(ith, 27th, mid lirith iil' iliinimi'y, iHlift, nnitestiii" against tlm rights of a l)ellit;erent being granted to the Slienaii(Umli, and tiii'llu'l' plutimliliH nuainst the aid and eninfort ami refuge now lieing oxtinided to that vessel. " Having referred these letters to hi.s legal adviserw, his Ivxcellency rectiivi'il I'mm t||(.|ii the following opinion : — " 'We have the hoiioui' to acknowledge the receipt of thi'ee letters addresiod to IiIn MxcHlltilii'y ihu Covernor by the Consul of llie United States of America, dated resiwctively the yiltli, yTtlii mid 28th iu.stant. ^ • • „ . ,, ■ •■ ,. , c • ■ , , " 'We are of o]uni(m that there is no evidence ol any act ot piracy eoimiulled by itiiy piM'Noli oil board the vessel called the Shenandoah. This vessel purjjorts to lie, and we think mIiii nIiiiuIiI Iib treated as, a ship of war belonging to a lielligerent Power.' (Signed) '"Auoiin. MinilH, "'(ii:ii. IlKilNIKi'I'llAM. •" I'riHi'it liiiii' (lj/(ivi% ■• • Jaiiuari/ 30, lfi6''i' ■' His Excellency states that lie had replied to the United States' ('onsiil to liie ii|)'iii | ilmi, havliij^ .riven an attentive consideiiitioii to his letters, and having consulted witii the Uiw ( Mllieis of lliu TniWii he bad come to the decision tiiat the (iovernnient of this Colony wimh liuiiud in IiimiI tlio Shenandoah as a ship of war belonging to a belligeieiit Tower. '■ Hi.s Kxcellency then ( (K i< 11 1 1, iiiiiL I 'I 1 iiii.^^ii '1 1 iiii-> ^i((iiii.-ii ivi mill III .^itiii, ill It'll ijriivisiuiis and supplies which he bid eiiiuneialed, and that it '■■uh iiei'essiiiy lor him |i> place liis I'ay- miusler in coiiinuinicatioii with the Collector of ('ii.stums, as 'o the iiuanlilies mid iimllciiliiiF. In detail, Tlu' iciiiiest lorineilN made lo l.ieulenaiil Waddeli, to furnish the iiiinibcis and jiiilllciilmH of bin wis'eriiitendfnl of Marine Yard!' The Governor's Minute (or Memorandum; of the 3rd February, referred to in the foregoing Minute of Proceedings, was as follows : — f " Memorandum for the Commissioner of Trade and Customs. " I have to request the Honoumble the Commissioner of Trade and Customs will be so good as U> make anfliigements for obtaining chilly report.s of the progress of the repairs and jirovisioning of the Sheiiandciah. and coinnuinicate tiic iiifoiiiiatii'ii ol)lainc(l to ine. " I am sun', tiiat the Honourable Conimi.s.sioiier will take every precaution in liis jtower against the po.'i.'iiliility of the Commander of that vessel in any degree extending its armament, or rendering tlii' |iie.. "His K.xcclh'iiry suites that Licutciianl WiiddiH had replied to the i niiiimiiiiiation, which it liml been agreed to address him at their J;i8t meeting, liial he could not name a day for pixiceeding to sen, until liis ship ascertained, an gales Iiad jirev on the slip, bii " Tlie opii land certain sii " It is to sisteiitly with Kxcellency iuf Slienandoali to " The furt slij), is also sul " His Exc from the nnit ,Iolin Williams Crown; as, i; Comiiiaiulor of to him in tiiis of the Foreign " In con.se the man John OtWa^, and liac Fiiglishmeu ha^ joining her, am " Tlie Law had instructed wan-aut for the "On cons any further stt Mr. Francis is proceed to sea. " A Report Sheiiaiidoah, is Goveniment, so now lying in tl movements sha "The Hon by eleven perse placed in liis hi (Sign The opj Minute, was . " .Section be rcu'arded as I section does ihI the Ciistoins, if and ([Uitiitity i| lieeii, the iiiiisti so, sul),ject to t| " I am 11(1 Cll.StOlllS I'Cgllll sought eiiniiol I teiruicc ot' MCI " Criiini Tile (ink was as follow ■\-]w ^h jiiMcei (led o •il'l'l'W slial't 1st. . a I'l screw slmfi ■-'ml. •i • Appendix, vol. i, p. 5I«. t Ibid., p. 5T}. X Ibid. p. (iOO. § Ibid., p. 520. 149 llinutc was as ''Marine Yard!' ferred to in the Fihniarii. IKii,' until liis sl'ip '^ Uikcn on the slip, when the amount of the repairs wliicli may be necessary could be iisceitninecl, and the time estimated in which they could be effected. Ho further states that the recent iiivles Imd jtrevented liini from li;,'htening the ship to the necessary draught, preparatory to placing her on the slip, l'"t that he ho])ed to do so on the following morning. " Thf oTiinion of the Attoniey-General on the application wliich lias been made for pennission to Part VIII. The Shenandoah. 1 1'lie opinion of the Attoniey-General on the appl: hnd certain surjihis stores from the .Slienandoah is also laid before the Council. " It is to tiie eH'ect that the i)ermission cannot be granted by the Government of Victoria, con- sistently with a strict observancj of the rules prescribed for the maintenance of neutrality ; and his Kvcellency informs the (Suincil that ho has authorized a comnumication to the Commander of the Shenandoah Ui that efleet. " The furtlier Keport ot the IJoard of Survey on the Shenandoah, after viewing that vessel on me slij) is "180 submitted and considered. " His E.xcellency then states to the Council that, in conseriuenco of a letter which he had received from the United States' Consul, dated the Idth instant and inclosing a testimony on oath of one .luliu Williams, lie had deemed it his duty to refer it for the consideration of the Law Oflicers of the Crown; as, ]>resiiiiiiiig the .statements therein contained to be coiTect, it would appear that the ('(.iiiinandcr of the Slioniiiidoidi was taking advantage of the aid and comfort which had lieeu afforded to liirii ill this iiort, to incren-s(! llie number of liis crew liy enlisting lU'itish subjects, in contravention of the Foreign Enlistment Act. " 111 conswiuonce of this referenoo the Fjiw Olhcers of the Crown had directed the iit tendance of the uimi .bilm Williams, and tliat he had, witli other men, attended tiiat morning at the Crown Law Oll'iics, and had made statements tfi the effect that a number of men representing themselves to be Eiii'lisluucii had gone on board the Slienandoah since her arrival in this port, with the intention of ioiuin" hei". i"'' '^^''^''^ '"'^^' '''^'K^'oilcd on board. ""Tiie Law Otticers being of ojiinion that there was sufficient evidence to take steps for prosecuting, hiid instructed the police to lay informations against these men for a misdemeanour, and to apply for a warrant for their apprehension. " On consultation with the ( 'ouncil, it was not considered necessary by his Excellency to take anv further ste]>s in the matter until the result of the police-otHce proceedings were known ; Imt Mr. Kr.vncis is instructed again to incjuire, by letter, when Lieutenant Waddell would be ready to proceed to sea. " A Report from the detective police at Sandridge, of this day's date, on inatlers relating to the Sheiiaiuloah, is laid ujion the table of the Coimk il ; and as, from information which had reached the Cioverninent, some suspicion had been attached to the movements of a vessel called the Eli '^Vhitney, now lying '" ""^ ^'^J'- ''"' Honourable the Commissioner of Trades and Customs undertakes that her moveinenlM shall be carefully watched. "The Honourable the Attoniey-General then submits Ut his Excellency depositions taken on oatii bv eleven persons before the Consul of the United States in Melbourne, which depositions have been placed in iiis hands by the Consul. " A true extract. (Signed) .1. H. Kav, Clerk of the. Vmmci/." The opinion of the Attorney -General of the Colony, referred to in the foregoing Minute, was as follows :— * "Section 44 of Act No. \:i is not ijiplicable, in my opinion, t«i this case. Even if the Shenandoah be rc'arded as a sliip having a commission from a foreign State witiiin the meaning of the section, the section does not autliorize tlie master of such a ship to land goods without submitting to the rules of the Customs, liut inii)oses a penally 'ui him for not delivering an account, in writing, of the quality and (luiintity of goods, iVc, on board. Tiie account is not stated to have been delivered, and if it liad liciMi, ilic muster is not cmpDwered to land the goods, although the Customs officers have the right to do so, sulijcct to the regulations in force respecting Her Majesty's sliips. " i iun not aware that there is anything in the Customs Act that would make the relaxation of the Ciistouis legulalioiis now asked for al)solutely illegal. But I am of opinion liiat the permission that is siiui^lil ciiimot lie granted consistently with a strict observance of the rules prescribed for the muin- Iciiuii'c iif neutrality. (Signed) " Geo. Higinbotii.vm. -t'onrii f,'(ir Ojlirr.K, Fchniiiri/ (i. tSti."p." Th(! Iiii^ther Report of the Board of Hurvcy, also referred to in the foregoing Minute, Wits us fuiiows: — t Fiirt/iif Ri'jwrl nn tin ('niifidrrn/i' ■■itiiiiii--ilnji Shi-nmuhiah. ■ Tlif Slicnauiliiidi having liccn liiiuhMl up lui I hi' luilcui sliii at Williamstown, we.tlie Undersigned, iiviic'Cfdrd to hold il survey on the damage sustained In Ibe forward Ix'aring of tiie outer length of the ■icivw-sliiit'l. and tiiid as follows, \ iz. : — ' " » " 1st. The lignum vitic slaves, forming the bearing for the forward end of the outer length of the M'lvw-sliaft. are entirely displaced. ■•2ud. That the inner stem-post bracket, in wliiili the slaves of lignum vil;e are tittcil. I'oriuing Appendix, vol. i, p. ")2I. + Ibid., p. 522. ISO Part VIII. rtlso tlie sui)i)ort fur tlic fVin'most em! of tlie Hcrew-lVimic, is Imotuivd on tin- stnrlioiwd snii' to tlie The 8hen»ndoali. extent of about four inclu's. " ;- elij:a-ed liilii.sell ol informed timl lie wa.s not on hoard. I lli I hoard the vesfsi 1. I 'ion toii'l on ill tl 11' II iiiiK' of the man, whiili 1 was do, ] showed him iry warrant, whu li liiit \ou ,■.! he 1 lookeil over, and ii'luinili'' il to me he ^ai( Thai low lllr til He th,.„ Ulialile In IS all ri^rht, but a.s he i Uie follow ill'' dav. the ship, lie told me I had better n'tiiiii when the eaptaiii was on hoard not say at what hour he would prolmlily return. I told him that I woiihl see the eaptain This III ii'iiiii^' I wi'iit I to the SliunandiHih, and. allei "tatiji^' my liusineKs, was allowed on hoan 1 told Cajitaiii Waddell that I was intormed he had jiersoii: i hoard who had joiiieil his M's.svl heii'.aiii thai. inrormaliiiiis lia\in;; lieeii sworn to that elln I. I h I wairant with lie said, 1 pledp' yon Word of hoiiiaii as an ollirei and a >'eiitleman that I ha\e iiol an\ one on ho.ird, nor base I e 'li^'ii-'cd an lav one, nor will I while I am here I said I understood thai the persons 1 wanted wire wcaiiii;,' tin nil i form of the ( 'onh denile .'States, and wire work in;,' on In .aid This he disliiii ll\ denied, lie olfeii'il to sliiiw me the sllil rtieles, hut I deelined, and told hiiii thai I had seen them last cm n I tl sked him I'l allow me to ^r,, over the ship, and (tee if the nun I ■il Mil ivhi.ii'i to di>. 1 s.iid I lailsl trv to e\eent<' liiv waiialkl, even it I hud t nted Wi'ie on lioard. This |j, o Use filee. He said he Woahl use foree to resi-.t nii. and th.il. if he w.is mmti oiiie. lie wmild llii.m up liL-^ ^dllp I" ilic ( iovernineiit here, mid ;^o lloi lie am n']"irl the Milliter to his (ioveniiiient. lie said thai he dare not allow me ti siiiieh his ship; 'it wa.s more than his eommission was worth ; and thai sneh a thin;,' would not In Itlelllptnl li\ Ih,' <; thnl I iveriiiiieiil to a ship of wa'- ol any oilier roiintrv lb Was allow (v and llial onl\ hy ioiirir,\ lie eoiLsideli'i his Word nhniild ha\i en tak dill liie to the '•hip With a waiianl ' lie said he llioii pleleieiiie lo t Imt of men who had ploliidilv dr-.eMed iiy the .Vniein.iii ('oii«ii|' lie siiid that il i took oiu twenty, and lliul the American I'oirmil would perl ' hiieriineei or pirate' lie salil he llioiii^ht lli.il he refiisiii;^ to a^sJHl liiiii in ari'i".! iiil; his deNertt'is. Kelore lea\ill^', I iisked liim H^aili if he retllNed a Kli HI S ,'ht t Imt from llii man i m laps IIV 1 had lei'ii li^'lil had lii'i'i: put upon limi l.y Heiidiiii,' en III p. and li.id liieli put up In allllov hjlii i^lil eome alieiwiirds and take tifl<'eii m III inform, iiion a^'aiii'-l him ii.s beiiin „ ' \ei\ liadU treated hv iil'i w ine to liNik fur the man li I h nH'UMe, and llmt lie umilil It^'lii his wliip rather lli.m allow it 1 ilnii fll w.ii-'allt III mv liamf lie leplied ves, thai lir di III (Mi>:ne,l I aiii, iV> TiiiiM\s \.\\ II rros, s,ii>.,i,ii>iiili,ii: This Hcport wiis un the .•aine 14lli i Vbniiuy laid hy tbe (ioveiiior beCon llie I'i,\i'iulivi' ('oiincil Idi eiinsideration, itH ajipiars by the subjoined I'lirtlur cxliitit from the Mimifes of the Count il ; — • h'.iinirl J IIIIII Ihi .Uiiinhi, ol III, I'l.iiiiril — Afinilti l»."i/l(l«;/ tli' /'nuiiiinni* ifii llii N/A Fihniinii. jHti.V ■ Till ( iiimd me njuMiallv ■iiminonod to eoiiMidi r a Itepmi tmin I'olne Nii|H'rinleiiilenl Lytiliim lo whom hud Ix'cn en'.rn-ted llie «amiiil inenliiiiitul in >i'nurda\ s pii« eeilin).'s, loi ihr mivsi oi t lllllish Niilijcil known le. I|iaile\ who was mated oil onlh lo hiive ilhuidU eldisleil IiHiiniII .ih UhimI the C'(illf)>ili|ii>mliii, Mil, i, |i, !i2\. " llisKxo idliiirs, IIS respt of tlie law has iijioii a swipiii r the maiuleiiaiic " Al'ler fu ol)seiviiliei! of ' enforce Ihe e\ the Coiiiliiissiiii reconsider his t(i iiil'orui him t in supplies liii.s ■ His Kxci tiiiii to that ef {.'(iloiiyare to re steiiiii-siiip Shci " Ills I'AIC police lo Willii Ma,iesly's siihjei cnliisii.ii l-elweti any iiiaiiuer win 111 piirsiit February, 18( direction : — * ••Kir. " 1 am dilei mciil thai you hi Nworn iiiforiiialii elilereil llie servi Kidisiineiii .Act ; fuels, whatever r execiltioii of silt expect that thosti under the l.lili'ei. iniimleliiilli'c ol " Il will I (ioM'I'llllli'lit II ill lliosc de|iiis " In this V liiai li'i'iu you, to \ou to icpai lU'ciu'diii'.'h . ■,l, .1, Wllddcll, " l.ii'iil' lai To tills h • Sir, " I am III ilirecl d li\ his lia\e reliiH'd liiili, lleeollhll;; of the Coliledeh lliat il IS lioi II Ih' dill' III Ihe pi I mil llll'll U|i|ir In'llilill;; a till III " I lia\e II i- 111! Micl' per^ iihi"!'! All I'll llic lll,ljcs|\ n| .llllllllb liilulllil IXi'i'Mlloll III I hi I" till' Siipcriiill iillm'r< well" nif ::.«i-ai»2S^' 151 " Tfis KxM'lli'iuy llifii iliiiws tlip nttfiition of his advisot-s to the p^rnvity of the present state of 'ilf»ii'«, ''** i'('S|it'(ts llio CoiifcilciHli' sIcmii-Hhiii Slieiiaiuloiili ; iind iioiiits nut that ns the ordinary coui-se of the' hiw hiis ln'i'ii fnislnili'd liy Williiiiii Wad(h'll rofusiiif,' to allow the oxeciition of a ■warrant issued uuoii II swuiii iiirdrmalioii, il Iuvohu-m neicssary to consider what steps should now he taken to enforce the nmiiiteiiiiiin' of iieulialily. .. ^\|'|,.r full ii>iisidi'iiillnii ol the iiistruetions issued liy Her Jlajesty's Government for the (ibserviuice of MiiiUalilv, mid some diseussioii upmi the i|uesti(iii of the ri},dit of the (ioverument to eid'orce tlii^ execiilii'ii of the wariimt, the Coiineil advise his Kxeelleiiey to direet the Honourable the Comiiii"*'''""" of 'IVade and ("usloms to write to Ueuteiiant "Waddell, and rei|ui?st that olheer to reeiiiisider his expressed diSi .minaliun to resist liy feme tlie exeeutioii of tlie warrant ; and furtlier, tip inl'orni liim 'hi'l' peiidili;;' IiIm reply, (lii' ]>ermission wliieli lias lieeu },'ranted to him to rt'iiiiir and take ill Mipplie> lia-< lieeli suspended liy tlu' I iuverilni-. " His I'AielleniN then issues a direction under his own h'uid that, n]ion the reeeiiit of an instrue- tiiin to that elli'el fioni thi' Chief ('nmmissiiiiier of I'nliee, none of Her Majesty's sulijeets in thi.s Colonvare to render any aid or asdstuni e to, nr ]ierform any work in respect to tlie so-called Confederate stciiiii-siiili Slu'iiaiidoidi, or in laiincliiii}; the same. ■• Mis K\iclh'Mi\' fnitlicr directs that the Chief Commissioner of I'olice he instructed to send some iidlici' to Willianistow n, to t'ike care that the direction aliove mentioned is duly oliserved hv Her Majcslv s Milijccts , and that llie oHicer in eharj;e of this force lie strictly enjoined tu ]ireveut any cflliisii II hctwecn the police mid the ol^ieeix and men of the Shenandoah ; and tliat no ohstnietion in anv luaiuici \\lmle\er is (n ln> ol'crcd to their moveineiits." In pnrsuum'f ofllii" iitlvicc of iIk- Council, the following letter was on the same 14th Fi'briiii'.v. 1^*'''» inlilii'wut'd to I lie Counnauder of the Shenundoah by the Governor's direction :— * . jsii' " ('iisloni-Jfoi'si:, Mcllioiinir, Fihriuiry 14, 1865. " I Hill dircc ted liy his Kxi'ellelicy the (Jovernor to stale that il has been reiiortud to the (Jovem- ineiil that yon have n'fuHed to allow the esecution on hoard the .Shenandoah of a warrant is.sued u|)oii the sworn inliiriimtion aceordiil;; to law, alle^'iiu; th.il a Itritish aulijecl is on hoard that vessel, who has entered llic ^ci\ ice ol the Co'.iledi rale iStalen in violation of the Ihitish statute known as tla^ Fovoif^n Knlistiiiciil .\cl ; lllill il is not cimsisleiit with the Itritish law to accejit any contrary declaration of fiicts, whatever respect lie due to the person, from which it proceeiN as sullicicnt to justify the nou- cxcciitiiai of such waiiant ; and that, moreover, it is conceived that this (invernmcnt has a rit.dil to expect timt lliosc who arc recei\iu^ in our ]Mirt the aic' .'id assistance which tlieyidiiim as a liclli^'crciit midci llie 1,'uecii's I'roclamalion shiaihl iinl in any way opjiose ]iriicccdinj;s intended to enfurce the maintenance of neutrality, " It «ill lie apparenl to you that the execution of the warrant is necessary, in oriler to cualile the (idvernnieiit to Initi;,' lo justice those upon who.'ie depositions the warrant was issiusl, if the slalenients ill those ilepiwilious should prove lalse in fad. " 111 tliit view you ail' iippeMled lo, III ii'consider your iieterno'iaiton, ;".:d ;'eiulinj( further infonna- liiiii livni von, which ymi me rei|Ucxled in iiiake with as little delay as possihle, the jiermissinn jjranted tn Villi lo repair and lake in supplies is suspended, and Her .Majesty's siilijecls have liceii duly warned iiccniiliuyh. " I have, \e. (SipR'd) ".F.vs. (). KitANom. •,|. ,1, Wiuldcll. Ksi|., ■ l.iciil' iiinl CniiiiniiMtlinK Cniifedited i the service ol the C.mtederate States since my m-rival ill this port, nor have 1 in any way yi' .ated ti neutrality ol tiic port. And I, in the name of the Ciovernnieiit of ilie C> solemn protest against any obstnution which ma . caus( lerate Slates of America, lierehj' enter my detention of this shi]) in this port. " I iiave, &c. (Signed) " J\H. J. Wadukli., '• Lkiitenant ConimaiKHiii/, Vonfahratt Slates' A'ari/. • To the Hon. .Tas. 0. Francis, " Commissioner of Trade anil ( 'ustonis, Melhouriie. Lnte in the eveniiij,' otlic same day (Htli February) four men, wlio had been on board the Slicnandoah, were appreheiided by the police niider th.* circumstances stated in the subjoined Report : — • iSiijH-n'iiliiii/i'iit l.iittliton hi llir C/iii/ Cumminsioiicr of I'oliir, Milhoiinir* • I liMve llie hoiicair to infouii you lhul,.u.''ig on your iii.slnn liuns, I iJiiiceciUd yc.>.tcrdiiy, »| 4 CM., to Williaiiistowii, and took pn' icssinii of the slip cm whidi tlie ( 'cinfcdi'iale vessel Slieliandniili is phiced. 1 cleared tiie yard, and "i ild nol allow any wurkiiien in >,'ii nu Ixiard Ihe slii]). At alidiii ID o'clock P.M., ftnir nn'n left the Sliiiiandiiah in a hoal, pulled liy t«ii walcrmeii. 'i'liey were fnllowid by the Water I'lilice, who were unal lie to come up with them until 1 1 ley got to the iiiilway stalinu They were then iciiiicsleil ici come liack and SCI' inc. I cpie.stioiicd ihelii, and they told me llint llie\ had lieeii on IhiuiiI a lew dny> unknown to the ('a]itaiii ; and lliat as soon as he found they weri' oii Ipoaiil, he ordered them to go on .shore. I have detaineil these men in custody, and Inur written to the American Consul, recpiestiiig him lo forwaid s(Uiie one who may he able In idintily ihem. The In..', steamers came at 4 \M. this morning lo tow the Shenandoah oil'. I oiiU red them oil', aiic' re.inesled < 'aptaiii 1'Vrgii.son not to sui>]ily tlie ship with a |>ilot. I am still in charge of the slip. " 1 have, iSre. (Signed) ",1. Lvm.nciN" The four persons so apjirehended were on the IGtIi February taken before a Mapistrate and cbargcd with iiaving violated tlie Foreif^n linlistnu'iit Aet by (iili.'«ling, or attemptiiiL' to enlist, in tiie Confederate service. One was discluirged, luinp an .\nicrican ; (bo three others — one of wliom was identified as lieing tiic man known as James Davidson or Charh'V — were committed \'o\' trial. On tiie l.'itli Febrnaiy, tbt Ic-sec of the slip on whicli tiie Rlienandoah was iieiiig iipaiied wrote to the C'liiel' ,'>eea by the time previously fi.xed.j A ('ommunicatiiiii to this (Heel was accordingly made to ( 'oiiiniMiider W'addell, who, in acknowledging; it, reileratiMl his previous denials in the following terms; — § " The ("III iiiMi alhideil l;e|s w^w tepolled out of the \e»sel. mul lhe\ weh' oidelvd and seen out of the \essc| by the ship'. |n||ii' ininii(liali'|y in tlieil disro\er\, whi,]. Was lifter iii\ letter liml ln'i'ii djspiili heil iiilorining his Iai i llrnc\ llie (loMiti,,! that lliiio welv iio sii, j, |K'|Ho|iH (HI boiird. Thes|. iii.ji «, I,. Ii,.,,. ujlhoiil |'|\ kllow !((l(,'o, iiliil I li.i\e ho doubt uill Ik' plnpuh Hilled stow.iwaVH, ami sin h ih, \ would IimM' ivnialliid but |o| the \igilanie ol the ship's |.,|i,,. imiKliiIlrli as Ihe\ Wele dc'leeled altir llir third sealch. but ill liii w.iyiaii I be Hi i IKeil, in lllltli i.| U'lll); I o((||i/.iltil o| nil (\,|Hioil olllir l-'oU'l^fll I'JilJstllll'lll .Art." 'llic '•hniandoah (piiltod I'ort Philip on the iiioiiiiiig ol the iHili Febiiiary, \W\,), On llic iMh Fibril. iry,' aHer the ship hiid sailed, the ( oiimiI oI the C'liili i| Sl,iic« Dcnt lo the (;o\e(iior a declaration on uatli pinpdrting to be in.idc by n m.m named I oilas. The declaratii on the pier British subjec a barque calU when she wa ") o'clock. T intelligence a Crown Solicit refused to ta neutrality of Air. Lord, wl giving an acci ■• \Ve left a him or Mr. by AUoniey-tJciier iuid to say, and liiv il before his u|ion. We tbei who hcanl the I the I'olicc Magi we \M'iil to the what you ha.l ti a warniiit on tin ]ierliaps, wcaild it being ab.ait decideil lo taket to lake such acti and a copy inchi " I took it I di'cidc.i it was t' and I Weill liomi I again went lo getting the evide could not act in j The Coil! refusinir to tii The Coi Sir, " I am dc ISih iiisiMiit in icfrncl. lliroii.j iiiiglil "i'.li I. •■'2. After past ." I'..vi., all. ill, .Mr. Ciirii. lion, ami adds otiu'rwiseshoub Mill. ••;i. flisK mil r.illla'.i'lillN .lae |.i Man From cir KIH rciisiiii diiiiii:; till III ol'lier cicw. 'I'lie (ioi ^lllt III till' /auIiiikI, ll'lll * A|i|i»nit M ■aters, liiive to iiniues mo mi States siiicH I'd)}' cntei- my |Hirt. DKLI., '■Hati-.s A'liri/. had been on CCS stated in 1 yt'sti'i'iliiy, lit Slu'iiiiiuloiili is -liiji. At iiliimt \ well' Inlliiwiil iiiihvuy slaliiiii. I I nil' lliiit tlicy III lIu'V Wl'll' nil (• wiitlcn til llic liiMll. Tln' tll;.'- r. lUii li'.|Ui-.lril I.VTli,K'liiN." (• n Mnpistiatc or attempting icaii ; I lie llircc s Davidson ov oali was being « inainiger iiad er be eoni|i( lied eiiiise(|iU'nie of (ivi'inor, liy tiic 1 lo repair liml Ikt iieeessiirv d to ii>e eveiv nddell, wlui. Ml ii|'lrllirlll I'l nil II lit llic vr»-il, mill 1 lll'<(liM'l\ , «llilli hfif well' ni' --lull 'I run Ik' |'Iii|'< li\ till' nliip't I'l.liii' iiiM'il, ill liiitii, 1 1 iiarv, l><(i.». • I'liiliil St.itc I iiuiiicd lorlieii. 153 The declaration was to the effect that, about 4 p.m. on the I7th February, Forbes had seen the pier at Sandridge five men (most, if not all, of whom were stated by him to he British subjects) and that one of these told him that they and others were going on board barque called the Maria Ross, then lying in the Bay, and were to join the Shenandoah hen she was out at sea, and that boats from the Maria Ross were to come for them at ^ o'clock. The Consul stated that Forbes had come to his (the Consul's) office, with this ■ itelli''ctice at about 5 p.m., and had been taken by him immediately to the office of the Crown Solicitor, with the view of laying an information ; but that the Crown Solicitor had refused to take the information, whereby an endeavour to prevent a violation of the leutrality of the port had been defeated. The Consul inclosed also a statement by a Mr Lord who had accompanied him to the Crown Solicitor. Tiiis statement, after giving an account of t!ie interview, proceeded as follows: — * " Wo lilt 'ii"l ^vout lii'sL to the (iflioo nl' the Cliiot' C.'oiinui.ssionev of Police, nnil not finilinf; cither )■ ir Mr. I.vtlh'toii in, wo ihovo to the ]Iouwa of I'nrliiuniiiit, anil on soniling your nnnie to tlio \n'iriii'v-t oik'o oiiiiio out miil iiskoit ns into tho .siilo looni ; lio ]mliently listcnoil to nil you |. I'to SUV mill ihon siiy^tostcil tliiit, if ymi woiihl pliioo the niuttor in tho shu|io of nn iifliiliivit, he wimkl r'"- ii lit't'oii' his (oIloiijiLies ; tliat a vorlml .stiitonienl was not suHicieiit lov tlie (iovennneiit to pvooeocl Wo then h'fl ami iliove to the ollioo of tho ilelootivo ]iolico, and saw Jlr. Nioholson, the Chief, ■1 iii'iinl tho man's statoniont in full, hut as lie ooulil not act without a warmnt, ailviseil us to go to il . I'lilico JIa"istnito, Jlr. Stmt, and got a warmnt; then he would at once act u])on it. Leaving there, ^ wilt to the rosidenoe of Jlr. Stnrt, in Siioncor Street, who ro('ei\ed yon very liolitely, listened to •1 t villi had to say.o.xiiinined tho niiin, lait stated that he could not take the responsiliility of ;;ranting Hiiriaiit on the evidence of this man alone, and iid vised your goiii;,' lo Willianistown to Mr. Call, who, 1 'ihips woidd lio in )iossessioii of oorroliorativo testimony through tlii' water jinlice. Wo then left. It hi'iii'' alioiil lialf-|iast 7, anil you, lindinj,' such a disinolination in any oiio to act in the niattor, 1 'lidoirio take tho iloposition yourself mid send ilto the Atlorney-deneral, leaving it to tho tiovennuent I like such action on it as il might doom )iro|ier. tioing to your Consulate the deposition was taken, I i ci'liv incliis"d to the Attornoy-tioncnil, with a roi|uost for me to deliver it. " I tiiok it to the Houses nf I'arliiinient, which T found closed, and it hoiiig then into, ahout 0, I I •cidcd it was too Into to stop the shipmoiit of the men, as wo undeislood the vessel was to leave at .'">, iiiiil I wont linmeand lotuniod the letter to you on Siitiirday morning. I'lvvious to going home, however, I icaiu wont to tho detective olHco, saw Mr. Niciiolsdii, told him how you had heuii jirevonted from I'olliii" the evidence liofore the (lovrninii'Ut in tho shape tiiey roipiirod it. Ho expressed his regret hut could not act in so important a matter without a warrant," The Consul complained that the latigiiagc and manner of the Crown Solicitor, in rcfusinir to take the inlbrmation, had lieen insulting to liim, The Consul's letter was answered as folio ,V8 : — * Mi: ir,n,h- In Mr. Jl/,i,„!„n;l. "I am di'sircd hv his K\colleni-y the (lovoinor to aripminl yon that he received your letter of tlii^ IHlli iiiitaiil in the aitornoon of that day, Sntiirday, and liiat on Monday, the I'Oth, he ciuisod it to he icfcrvcil ihiouuh the llonouralile the .\tliirnoy-l ioiioial, to liie Cro«ii Solicitor tm any o.viilalialion he niiuhl widi to ollci', .... ^ '• •' .Vflcr :»laling thai it «iis oiil\ in loiisnniriici of ins accidentally icliiininj; to hi* iillico at lialf- iiMsl .""i'.^l. alter il had Ihoii closed for the day, that the intoi\iew liolwocn yon and hinisoll' occiiriod at ill Ml' Ciirin'r -iiatos that hi' iiil'orniod you that, not Koing a magislialo, ho could not lake un iiilurma- liiiii iiii'l adds lliiit he w.is in ,i hniiy ' save a railway Iniin. and ihorefore Irfi ninir iiiijilriilv than ho ollier«isi' should liiivc done; lail he pu^ilivcly assril thai noilhcr in iiianiiir nor laiignai^'o did he iiisnll " ;l, Mis Kxcclloiicy feels sine that the Crown SolirUni -, Lone and manin r ha\e heen misapprelieiidod, .uid ninlidclillv assillcs >oil ihal llicio was no inliiilioll mi llio pail of llial ollicer lo fall in the lespcct ilao lo \our po illon in the CoihuI of th'' I'luli'l States nf .\iiiericii. ■ 1 ha\e, iVe. (Sijjnedi "N I,. W. WihV., J'rimli S irtoii/." riDiii eiiTumslances whicli were discovered al'ier the sailing of tlie Shenniuiouh, thcio was reii.-oii to believe thai a mmiber of men had gone seeritly on lioiird of lliul M'ssel diiiin;; tin night id the 17'li l'V!iriiiiry. niid tliiil thi-y went to sea in her niiii hicnm part of her etew. Tiie (lovi-rnor report d this faet to llir .Mnjisly's ( lovi-rniuent, mid ul (lie h.uiie tiiiic dtnt to llu' (idveriiors of the otlier Austialiiin Colonies, ami to llie (lovcnor of New Zialaiul, letters in I lie following terms ; — I Part VIII. The Shenandouii |i. 'ijn. [01] Api>oii(llv. vol I. p, (IIH. f Ihiil., p .Vl.^. X Part VIII. Tlie Shenandoah. 154 Ooirnior AV C. Dfirliiu/ to Goirnwrf nf AuslrnUnn Coloiu'ra niid ^Vc"' Zrnlinnl. 'Sir, " (rDi-i-rnini'nt Motixi-. Mrlhniirnc, Filini/iri/ 27, ISfi.'i. I iiiv iliitv t(i iiliice vour Exeeileiicv iu jxmsossion ul the iiccomjjiiiiyiii^' PdiTeapoiiiloiue ^ • . , -,1 .1 — K.' (• 4iw. /<,.... ,.,.^...l..» ,.r *lwi f '. ..4',,J, .!.»>.. tj*..t. ' "I eoiwiili'. J , . ^. . 1,1 . , - ftiiil oUicr (hKumcnUi ciameLaoU \.ilh llio ])io(.'ewhii'(s ot the tlnmiiiiUKlcir cil the C'l.iiiederatu HtiiU's vessel .Shoii.uulii.ll;, while lyiii'; in Kdhsou's liiiy, ibr the jiurpo-se <>( hiivin^' iieeessaiy \v\Mirti ellecled unci tiikint; in siipplicK. under [lennisMdn granted liy me iu iictordiuice with the ocinditiniis pieseiilied liy Her Miijeslv's rnich'iniiti.m mid instrurtions tor the (ibfiervimce of iieiiti-.iiily. "2. 1 hiive i\ho the lidiionr tn t'cirwiird enjiies nf letters tVein llie Chief ('(iiiinii;-'iiiiiier ef I'oliee in Virtoriii. iicci)niiiunietl<'r III' till' It^ih (viilii llir ('iiIhiiiiiI ■ lI'Vl'llll ilM llMllll'* rllillldnllh, lltlii llir ll("petent officer who had served as a lieutenant in Her Majesty's Navy : — *■ l.'iiptidii I'lii/iii' to Viilomi Hiiifierwii. "Sir, " Mdbuui-Ht, Fchrudfji 10, 1865. "With reference to your Memorandum, marked ( 'outideutial, directing me to rejiort u]ioii the lUiiiauieiit, speed, and OLlier i|ualilie.'5 nl' the t'ont'i'deiate « ui-.ileamer Slieuiuidoidi, I have ilie bonoui to ijiliiiiii Villi lluit I have taken ivcry ujiiinrliinily tlml pvc.--i.iil'.'d ilsdl' I'm' iibt.iiiiiiig the i.ii'dnuatioii you ik'siiv, and beg now to n']i(iit, — "1st. Tliiit the iirmuiiient (as far as I can sec) cni"^' Is ut' tlic t'nlliiwing ovdiiniice, viz. : — Two Wliitwortli rifle gnus of '.V.\ cwt. eai'li. Vmw S-iiu'li smoiitn-iiore guns, ri.'i cwl. eacli. Two 12-pou?ider snioiith-l'ore ginis, about lo cwt. each. ■• I hiive iiccn uiialilc to a.-ccrliiiii what aiiioiiiit of nmniuiiilion she luis on boanl fur tlie.se guns, nor have I licen able to delciinine where her niiigiizines are placed. 1 do not think they are abaft her t'ii"iiic-iocim, for her uller-lnild has been cleared, and ihere i.s no aiiiicarance of any magazine there. I niisci've that there were no siiiall-arius, stands for .siiiall-anns, cutlasses nr jiistols, about any jiart of her decks; and as fur as 1 coiiM see, iliere aji^iears to be a general unreadiness for action about her quarters. Shiil-rai'l*'* were not lilted, nor did I m'c any pliue I cull llu' shell-ioom iilol'i ; evrylliin;; indicated that she WHS nothing nion^ than mi ■ 'diiinry iiierelianl-ship. "I have used every exe'iioii (liiit willionl succes.s) to a.sceitain wiiether she lias any larger gnus s!ii\M'(l iiwiiy below. I do not lliink she luis, as her scantling wmild hardly allow her to carry more tliiiii I have already seen, 'ihere a]ip ars lo be a mystery aboiii her I'lirelmlil, lor the foreman of the imlcnl slip, wlieii aiked to go down m that M|iot to nieiisiire her for the ciadlc, wii i informed he could Do| get to the skin at lli:it place. The hal< 's were always kept on, mul (lie foi' iiiiin stiues that he WHS iiiforined they laid all llieir ' --liill ' there. " .\s In her speed, I liiive been informed bv coiiipelent .judges that , taking her boiler power into ciiiisideriilioii, she would iioi e\ceei| all iivenige of leii knots all hour under steam idoiie ; whilst iiiider riiil she has every appeiivniice of U'ing ver\ bisl. There is nothing in )iioiect her maeliines from shot mill shell; ill (act, her boilers and llie principal parts nf her machinery are above the waici-line. Her blinkers ci'ilaiidy are between tlii^ maehincry and the ship's side, but from tia'ir small dinieiisions they would oH'er bi,; sniiill n'sisiance to shot. The tiiost viilnenible pari, vi/,, llie boileiH, is left quite iiiiprotected. She can caiTV a gieat iniiintity of coals, but in her bunkers she can onl,N stnw alMuit .'ill loiis. Her daily eonsiiinpliou under full sleani averages abuul '1\ tons. She is litted with a snioke- iiuisiiming appamlus, wliieb iippears to 'iiiswei well, lor I ii'iiiarked when she lirsl came u|i the bay but litlle smoke was eiiiitled Imlii iier fiininl. In her oilier qualities, | ihink she ciirres]iiiiids witli the ilesi'iiption given in ' l.hiyd's Itegisier' of another ves«i I wliicii lias a siniihir nnnilH'r and the same tdiinage marked on her nii>iii beam, \i/.,, No. •t,H.'"if mid ~W tons. She is biiill on the compnsite jilan, having iron iVaint's with wnnd plunking, and appears to have been -iroiijjly biiili, but iiol inori' so limn is usual for hips classed oii the Hr>l leller fo! ihiileeli Vein •, "'{'he sliile of the \ e^sel nn deck, aloft, and ill the eiigine-ioniii I think liiilh -loveiilx and diily, hiiil d(H« not ii'llecL any cn'ilit upon her olljeers " 'there appt'.ired to me to be iilioiii lo:'t\ to llliy men on buaid, sliiucir\ , dirt \. and uiidisei|iliiieil. 1 iiiitieed alsii a gieiil niinibei of olliceis, and could li'il lii'lp lemaikllig lli.il the numU'r ap)iem'ei| out nf all propuition to the lew men I -aw on board. Wiihoiit di'.pmaging llie Ciiiifederate war-steainei Shenmidiiali, I mil iiltoMether of of opinion that (here i'- noihing in her build, arniaiiient (with the ivieplioii nf the Wliiluoiih giilisl, and eqiiijinieiit thai slimild cidl fnr nmre sjieciid iioiiee than ll. ill ill)' is an ordinary niercliant- vessel, armed with u few ^iins. ■'I have, \i , (Higlledj •• CllAlll.Hs II. P.VV.NK." The Cunfiil ol the United Slntes nl Melbourne had. on the Shenundimb's tirst arrival in the |Hirt, sent to Mr. Adainw, in a letter dated 'Jdlb .laniiaiy, iHG.'i, the fullowiitg * Appi'iidix. vol. i, p. 607 X a Part VIII. 156 The Slienandonh. description of her, communicated to him (the Consul) by persons who had been on board of her as prisoners : — * " She has the iippearaiice of nn ordiimry uierclinnt-ship, with a long full poop, a large bright wheel-houne, ovul skylights on the pooji. Hiio has one telescope funnel. Tlie niizen topmast and tx)p-gallnnt staysail botiriioist from the mainmast liead. She is wire-rigged. "Tlie (iHicers declare it would not he safe to tire a liroadside. (t is the general impression that she is not a foiinidiilple vessel. She is lenky, urn! requires two hours' pmiiping out. The crew consists of seventy-nine, all told." Her armament was stated by these persons to c> .isist of " two unrifled 8-inch shot guns, two rifled 4-inch guns, and two ordinary 12-pounders, the original ship's guns." iSy several persons who had been board of her, ns prisoners or among her crew, it was sworn that only the two ordinary 12-pounder guns were used during her cruize in making prizes. By this was meant (as appears from tlie depositions themselves) that tliese guns were iised in tiring blank shots, to compel merchant-vessels to heave to. They do not appear to have been used in any other manner. With respect to her crew it was sworn by one of the prisoners that he had heard her Captain say tiiat he and his officers took charge of her at the Madeira Islands, and sailed tiience with a crew of seventeen men. Another deponent (one Silvester, a seaman who had joined her from the Laurel and left lier at Melbourne) stated on oath that, when she was left by the Laurel, her whole crew, including officers, numbered twenty-three persons. When she arrived at the port of Melbourne she had captured nine or more United States' mercliant-ships, and her crew was largely increased by the addition of men who had joined her from those ships. Several men who had so joined her, and who left her ut Melbourne, affirmed that they had been lorced to take service in her against their 'vili by threats and ill-usage. On the 20th June, 1H6.5, Earl Russell received the following letter from Mr. Mason, who had been residing in Kngland during the war as an Agent of the Government of the Confederate States, though not officially recognized as such by Her Majesty's Government. .Ifr. Mason to Eitrl Huxsell.f ■-• 1 ......i. .. ..V ,..v ^.^ ... ..V In iillciw this 1(1 he iliine thrmigh the lirilish Cniisuls iit pulls where llie siiip limy hv, expected " I have llie honour to iiicldsc herewith a (njiy nf the ciider it is ]iiii)iosed to transmit, and will In; iihligcil if your bii'dsliip nil! cause me lhip will, IVniu the exigency of thi! occasidn, juirdon the lilierty 1 have Miitiiii'il til lake, mid will uMige me liy having the incloNud co]>y returned to me. ,^ " 1 Imve, &C'. (Signed) ".I. M. Mason." Inclosed in this letter was a pajier signed " James 1). Bidlock," giving nn accouiit of the downfall of the Confederate (ioveniiiient and the cessation of the Civil War, aini purpnifiiig to direct the Coniinandcr of tlu' SliinaiKloah "to desist from any lurtlicr ilr.-tructioM of I'liit'd Stales' properly iijion the high seas, and from all ottensive opera- tions against tiie citi/.ens of that cmiiitrv." .Ml. .MaKon was told, in reply, that Karl llussell "bus no objection to sending this letter to the places nicntioncd, and also to Her Maji'sty's Colonial and Naval authorities, it liciiig ah\ays distihctly understood tiiat tlie .Shciiandoali will lie dealt with in the Courts, if < lainicd, acconliiii; to law.' Copies of the letter were sent accordingly to (heCoinniander-in-chii'f of Ihr Majesty's ships on the China and I'acitic Stations, and to Her Majesty's othcers eoniiniinding on other naval stntiinis, except the .Mediterranean. Reports '. that the Slier Commander I instructions sli of Colonies, th if in aColonia detained, beini of the United United States' It was a although up t( then in the Ai receiving ititell " desisted inst Ocean. On the G diatcly jjlaced Majesty's ship gun-boat Gosl allowed to hoii considered as I of Customs g( port with the the same day, a letter which " As to the riglit to eommau hy the fortune vessel, inasniuch aliTady reverted, am witiiout a (ir ami ii]iiia.'el con clccMied jiroper." Captain under his coml her ill Octobcj and bad criiizJ Mr. Adaif as follows to A Hairs: — iJ ■Mv bird, -r have II Vii'i'-I 'misiil iil'l tilt' Slienaiidiiiil ■' .Mlhiiiiglj llie ns|iol|sili|lil \c-'.'-cl with a scciii'cil againstl its career. " I ]ien'ei\| vessels which l| ilmt piiiiicr nil' 'I llie (iWllels ■• llinsliille lave II lielligei'l III wliill light >t MViTill of llielil liiiiliii'llt. Illlde I iiMiv M'lili rei * Apprndii, vul. i, p. ABU, t Ibid., p. 05:), .\i.i.rl,.ll\, 157 Reports having subsequently reached Her Majesty's Government from Washington, that the Slienandoah continued to capture and destroy United States' vessels after her Commander had received information that the war wai at an end, it was ordered that instructions should be sent to Commanders of Her Majesty's ships of war, and to Governors of Colonies, tliat she shoulo be seized, if found upon the high seas equipped for war ; and if in a Colonial port, should be forcibly detained. It was further ordered, that, if so seized or detained, being ecjuipped as a vessel of war, she should be delivered to the nearest authority of the United States, in a port or harbour of that country, or to an officer commanding a United States' vessel of war on the high seas.* It was afterwards positively affirmed by Uie Commander of the Shenandoah, that, although up to the 28th June, 1805, he had continued to cruize and to make prizes, being then in the Arctic Sea and without news of what had occurred in America, he had, on receiving; intelligence of the downfall of the Government by which he was commissioned, " desisted instantly from further acts of war," and shaped his course for the Atlantic Ocean. On the Gth November, 180.5, the Shenandoah arrived at Liverpool. t She was imme- diately placed under detention by tlie officers of Customs ; and a party of men from Her Majesty's slii|) Donegal was put on board of her, to prevent her leaving the port. The gun-boat Goshawk was also hjshed alongside of her, with orders that she should not be ailowc'il to iioisf, anchor, nor to light her fires, nor hoist out any property that might be considered as bfloii'^ing to the (iovcrnment of the United States. On the Inspector-General ol' Customs going aboard of the ship, her Commander stated that she had come into port witii the intention of delivering her up to Her Majesty's Government ; and he, on the same day, wrote and sent to Her Majesty's Secretary of State for Foreign Affairs a letter which concluded as follows : — I Part VIII. The Shenandoah. liliiTly 1 huvi M. Mason." "Astotlio sln'ii'.s (lisjMisnl, I do not cfiiisidcr tlinl I Imvo any rinht t" dustroy her, or any further nV'lil (o coniinaiid Iut On tlic contrary, I tliiiik that ns all tho jn'ojwrty of ( iovernmont lins revevtod, 1)V till! foitmio of war, to tlio (loverijini'iil of the I'uited States of Amciica, that theieforc this vessel, inasnuieh an it wa.s the. property of the Confederate States, should aeeoinjiany the other jiroperty iilii'iidy revelled. I therefore scni^dit this jiort a.-; a suitahle (uiu wherein to 'learn the news,' and, if I aia without a ( iovernnient, to surrender the shij) with her battery, small anu.s, naiehinery, stores, tackle, and aiii)a.'i'! complete to Her Majesty '.s Cloverument for such disposition as in its wisdom .should he ilcoiaeti jirojier." ('a])tain Waddell, in this letter, stated that the Shenandoah had been a ship of war under iiis command belonging to the Confederate States, and that he had commissioned iiei ill October 1804 under orders from the Naval Department of the Confederate States, and had cruized in her in pursuance of liis orders. Mr. Adams, on being informed of tlie arrival of the Shenandoaii at Liverpool, wrote as foMows to the Earl ol C'larendon, then Her Majesty's Secretary of State for Foreign AH'airs ; — § Afr. Adnii\--i III J'Jiirl (if Chirciulun. "My I/inl, " Li'i/dfiiiii of ihf I'liitnl .SV/r/i <, Lmulon, Xovwher 7, ISfi.V " r have tlu' iiouour to .submit toHsessiijn of llu' said vcs.-i'l with a vii'W to deliver it into the liiuids of my •iovcrumeul, in order that it may he )iro]ierly secured a^'ainst any renewal of the audacious and lawless pimeediiius which have hitherto (listinj,'uislied its ciiruur. " I ]MTceivi' hy the terms nf the Vice-( 'oiisul's letter thai sdii I' tla' ihroiionieters saved from ihe vessels which have fallen a |ircy to this corsair are staled to he now nu Imai'd. I jaiiy vour l.ordsliip iliiU piiiper measures niav he lakrn to secure them in sucji manner that ihey may lie relurned on cliim "I the owners III whom Ihevjuslly helnlll.'. " llliisniUi'h ;i> llu' ravages of this vessel iippnil In laiM' heell ciilililiued lon^r iitli'i' nIu' I'ciiseil to h;ivc a liellinerenl characler, even In the eves iif ||( I Miijesly's liovi'liimcnl, il may hei'onie a (|Uestion iliwlml li^jht Ihe persons on hoard and enKap'd in lliem iil'e |o he viewed helnre llie law. The fact that iveral of lliem :nc Ihilisli snhjri Is is ijiiile cerlaiii, WliiKt I do iinl feel myself prepared at this ■■ iiiii'ut, under imperfeil inrormatioii, to su),'),'esl the iidoliliou nf miy course in rc;,'ard to llicni, I IrnsI imy vuntMc to hupeilmi ller MajcHly'udoveniinenl will Im imlueed, voluntarily, to adopt that which iiiii I iimv • .Vpiieiiili.'i, vol. i, |t. (157. t !l)id,. |i. t'liiJ { H>iJ.. p. lii'T. S Ibid., p. cm Part VIII. The Shenandoah. 186 may iiuwi satisfy my countrymen, whn li:i\ <• licei: s\ioli severe sud'erers, of its dispofUioii to do eveiytliinfr in Its power l.. imirk its high sen.se nl' llie flnj;iwit ni\ture of tlieir olli-nces. " 1 ]>my, vV-e. (Signed) " t.'ii.\i!i.K.i Fii.vNCi,'^ AnAiis." This letter, with other conimunicuHons relating to the Sheimndoah and lier officers and crew, having been referred to tlie Law OlHcers of tiie Crown, they, on the same day (7th Noveinl>er, I8C.5), advised as follows:—* " In oliiMlience to vour l.or(Islii|p'H toniiir.mils, we lia\i' tiikii iind Ikivo the honour to rejiort — tlicse imjiers into (jiu ruiLsidcration, That \se tiiink it will lie iirojier for Her Majesty's (loverniiienl, in coni|)lianeu with Mr. Adiini.s last to dc'livcr lip to liini, on lit h:'lf of the ( ioxcnnnent of llie I'niteil .Slates, I lie sh ip m <|neslion, to the rnit( 1 all cuptiirecl chivnoincters or other projicrty ea))alile y ,' him them niiixht lo he proceed wlicllier they or any ;ainsr, nnder the direction of Her Majest\ 's (iovcinnienl, lor some 'iH'ence or ollences ei •l^•V> ly itritisii law. The laily offence at which he distinctly points is that of violatint; the f'oreij, 'i »' .' Act, hy takinit Jiarl in hostilities cm Imard nf tliis shij) : and, as to tl lis, we ll understani the Ai't the foieij. link It won u him to n hich relate ,ro| f some of these men are, a.s he sa\s, Ihitish siilijcels (I ly wliieli wo atnii 1-1. n Itritish Milijecls, for none others arc uithiii tlios,. pidvisinns uf to ei..isinii'nt ( of that fact, to direct proccedin.irs U of war cait of this countiv), and if eviiU n cc ( an lie o Mi taken ii,i;ainst those ]« iiiii'il ilder the liiid section of tin Fi>R'ij,'n Knlistment .Act. oO (ico. III. caji. ii'.i. lu'lnrc they have liccomc dis]ieised, so as to escape I'roni jnstiee If till cts stilted liy Captain W'adddl arc true, there is clearly no cii.se for any jiroseent ion, o'l the <,'rouiiroe"edeil a^'ainst and det. lined, under legal wan-.ilil. n|ion any criniimil charge, we are not awaii' el ■h they can )iriipeily he pieveiiteil from going on shore and di.'-piisiiig of tlieinseh a< thev niav think til ; and we lannot achise ller .Majesty's (iovernineiil to assume or exercise tin anv gmunil mi » In fipver I if k.' the iiider anv kind nf ictniint. We have, iVi (Sigiii ' IiiilMiKl.l, I'.M.MKI;. I!. 1'. (I'l.l.lKH. I!iii'.i:iir I'liii i.i.MDiii:. On n subseqiieii' irreiviice, ujion tlic lollowiin; day, lliey again stated their (ipiiiioii as follows : — + "With riwpeet to the ipieslion wlietlier the oHieers and crew of the .Shenaiidoali may now !«• Iiei'iuitted to leave the ship, and III 1/11 on shore, we li,i\e only tu repeat ihe iipinion expies.sed in mu liepiut III' \i"*|e|d,iv's date, nalnils . llial llie^e peisnn^ heing now in this eiiuiilrv, iiiiij eiilitied to ihr lieiii'li! of our la«s, caliliiil Ihi detained e,\eepl under legal vvamint upon some ciiminal cl.alge d il\ pivteiiiid iigain-*l llieiii ill the ordinarv course of law. If tier .Majesty's (linernmeni are now in posM's- sioii, i.>r consider it |ii-iilialile liial. if an iiiliiiiualii'ii were laid lielore u niagistiate, lliey wimhl sli(iril\ he in possession of eMileiice against any iil these liei-Hons sullicieiil to jiisiify their cuinmittal lor trial, either 11)1111 any charge if nii-ileiniiiiiiiii niidei ihi' I'nrei-n Mnlislnieiit .Vel i,r npun the graver charge of piracy, we think it uoiiid he right and pmpei In lake tlii' ni'ces-ary pniceediiigs wiihoiil delay, in Older |i. have such ehaige diil\ iii\esii;.'aleil ; hut, at the preseni time, we are not informed of any sinh e\iileiice in the |Mis«essioii or power nl Her Majesty's (ioM-riilnenl liv u liieli such a charge would he likely to he estiililislied, " We liiu e, &t . (.Sigiiedj " KoiMiKii, I'vi-MKl; " II. 1'. Col.MKII. ■' IhlMKIIT I'llll.l IMolii: " Instructions wcn^ flim'iipon t»enf '< Cniitniii I'aynter, cominniiding ller Majesty's A|ipciidi!i, vol. i, p, 670. t Ibid., p. fl73, ship Donegal who were not evidence of j personal effec was to be iiiin whom evidcni rest (lischarfje Captain he had gont shipped on th foreigners, am therefore all li Captain assurances gi* by the answer general apjiea any men wlio fotJnd means 1 On this Go.shawk : — § '■ ,sir, " In compli during her deteii ni'iccalily til iiisl iniilcr my conim " In the eve the Ciistom-hoii!: cliaige and respo •■ The follow them having hec was mil in my |ij he ivcei\eil friiin| "They till nnlers from yin liusatll, the f'o " This evei " On the n>iiiain on hnai the excited sin miiiaiion to |e; escape, or el-.t " The ansv iviiiain on Ima " I wcuild ilescrl. many n til muster and i|iieslion ( 'aplai in llie iiegali\i •■ On vour " The' fii> ami yon siuppe " Kacli mil " The per^ lii]ire\eiil an\ "(hi the e ,\liieriean ( 'mi' ,111 iillicer In ll Weill. (Ill Ihe I .\iaerican ( 'mi liiiu. " ( Ml iiiv jii'iii'lainicd liei ' iMiriii" * Appciiij ^^^^■'•Xi' ,1 do oveiythin^r IS AliAlIS." her officers he same day cniisidi'lilliciii, 1 Mr. Adiims'.s |i in i|iu'sti(iii, iciiiy ideiililiwl llicir suitimiiUt 1 llicy iir uiiy •111, lor simie lints is llial ul' ip : imil, lis to (liy \vliii:li wo liiipvisi(j|is III' 111 In' iilitiiiiii-il si'i'tidii I if tlif \ t(i I'scdjic rioiii my priiseciitioii, ijcsty's (i(j\c;iii- I or" Mii.uistralc lis, in fuel, ]i(eii II lMi(Ht-'(l ill llic i«i', Mr. Ailiiins , ]it'rsciiis in I lie 11 stinio lictinitt ■; 1111(1 tliiit Hn li|i(>lti'(l liy swell lie iniiiieiliiitely ii'c not iiwiire of ij,' cif tlieniselvis iir fXiTcisc tile ;i.i. I'.vi.MKi;. 'iil.l.lKII. I'liii i.i.Minii;." [\ their opinion mil may iinw he e\|iressnl in mii I cntilieil III llie lilliil eLill)je iliil) V imw ill |)iiNM'.s- ■y wiiiilil sli(iiil\ iiiliiiltal fill' liiiil. 11' ;,'niver eliiuye .villiiiill ilel.iy, III mill III' iiiiy siiili ilmr^'e wnuM lie •II. I'AI.MKII 'iiM.IKII. I'liii.i i.Miii:);' lier Nfajcsty's 159 ship Donegal, who was in charge of the Shenandoah, that those of her officers and me>i who were not ascertained to be British subjects, either by their own admission or by the evidence of persons who knew them, should be allowed to quit the vessel with their nersonal cilects. As to those who should be ascertained to be British subjects, inquirv was to be made whether evidence on oath could be obtained against them. Those against whom evidence could be obtained were to be detained and taken before a magistrate, the rest discharged.* Captain Paynter reported, on the 8th November, that, on receiving these instructions he had gone on board the Shenandoah, and had ascertained that the crew were all gliipped on the high t^eas. " I mustered the crew, and was fully satisfied that they were foi'C'iijHers, and that there were none known to be British-born subjects on board ; they were therefore all landed with their urt'ects."t Captain Paynter subsequently stated that his coinlusion was formed partly on the assurances given him on board by the late Commander and othcers of the ship, and partly by the answers returned by the men w hen mustered and questioned, one by o'le, on their general appearance, and on the absence of any evidence against them. He added that anv men who were British subjects, and had formed ])art of her original crew, might have found means to make their esca))e whilst she was in the Mersey. J On this subject the following Report was made by the Lieutenant commanding t!ie Goshawk :— § Lid'toHiiif Chick lo Cdplain P(>>/}iti- ■ .Sir, (iDfiliiiir!,; Itcicl.' 1' ' I'l'll, Jdil II n I'll 20, IHiii.l :i|i!iiuice witli'yiiii'' iivder eiillinji on ine to report the ]iroeeeilinus on lioiird t'u. ,Slie lUIIIUO diniii,i; I'lr deleiilioii iit this ]iiirt liy the Hiitish iiutlmrities, I liuve tlie li(ino;ir to that, lily to iiistrwetions, diited lilli Xoveiiilier, LHti"i, 1 jimeeeded in Her Jliijesty's yu. -oou. ■ .isliawk, iiereeii miller my eoiiiiiiun •• III the eveiii llie (,'iistolii-lii I, and hislied her aloni'side ll ;'l. (.'iililiiin Waddell iiiforined iiie that, the vessel Imviiig lieeii ceil er IV' I' of 1 lutliorilies. In insideved himself, the oitieeis, and eie,\ 'y c]iiii>,'t' Tl d vespoiisiliity of the ship, and lluit his authority over the erew woi elievcd from all furtlier itnd. iilliiwiii;,' day iXiivemlier 7) llio erew iei[uusled tlial I would allow tlieni to land, none of tlieiu having heeii on slioiv for more than nine niontlis. I told them that nndur the .reiiinstaiues it WHS net in my ]iowi'v to yraiit it, and persuaded them to remain ipiiet for a day • ,■ two, till orders eould he ri'eei\'ed from London. " They then detiiaiided to see my authority for detainiii),' llieiu. I ex]i|aii. • that 1 aeted uiidoi (iiilers from you. They r^'jilied that you could have no eharfio of them without iii.stnietions i'rom Karl IIii'^Htll, the Foreifiii Olliee, or the Ameriean Minister, as iliey were Ameriean ■iilijeets. ■' This evening', a.s on the )irevioiis one, I siieeeeded in jiaeifyin^ the erew liy reasoning with tlieiii. "(Ill till,' following moiniii;,' (.Stii Novemliei") the crew were gettiiii^ riotous, and delerinined to roiiiain on lioiinl no loiiL;er. Ki'dit or ten had alreadv deserted. I, therefore, lett er to yoii,e.\plaine the exeiled state the erew well' in, and that I iiiid heard from one or two of their ollicers their deter- iniiiaimu esciipi to W cave the vesse I that eveniim at id el:.e detain them liv force. 1 should, therefore, lie compelled to let llii The answer I received from ymi wih, thai I \\:\:\ to act U]i to ymir oiijei.- leiiiaiii on hoard, lint that you hoped soon to laue inslruetions from London. d tl I would call Viiiir attention to the e.\eited ^tate lU'serl, many i iftl the eivw liy their conduct in attempliiijj 1 till 1 Jiimpiii;^ on lioard the steamer and tryiiisj: to conceal theinsehes when you ciiur'. Ill inii'^ter and examiii' lliem ; on which m iceasioii I iieeompan ied villi into the cali 111 anil hear ill Ihe ne^'ativi staled that he hud slii|iped them all at si " ' Is " ■ On voiir i|Ui'slionini,' llie ollu'crs, they also made the same sliitemeiit. The Liisl l.ieiileiiaiil mii-;teieil the crew from a liook ot Ins ouii, the miK- list loin I'l on iiiiaut mill you slo|iped and ipieslion Kiich d th. hi men as they ]ia.s.sed ln'forc y one slated thai he lieloiiijed to one or o itlier of the States of .\iiierici tup On ihe i'veniii'_' ol the ',1th No\emlier you ai,'aiii came on Imard the Sheiiandoa nil, and met'tlie Part VIII. The Shennndoah. le crew were to iiiii'-ilioii Captain Waddell as *.ii win (her he liclieveil any of hi'' I'rew to he Hviti>ili su'ijects: he replied "The |ieisoiial liaLr),'iip' of the ollicers and crew was exainined liv the Custoni-lioiise officers I'M'iil an\' .\iiieiican |iroperty lieiii;,' taken on shore. ,\iaerican Consul in the caliin of a tu^; lie had hiii'd to living him alongside; lie then ]iioiiiised to send ,111 iillicei lo lake cliai|;e of her, as a lajitiircd Coiifedenite erui/er, on lielialf of ihe .\iiieriean Coverii- iiieiil. 'On llic Huh Noveinlier, Capliiin Kreeman eanie on hoiird and took i'liai,i;e, uiidei' orders from the .Viaci'icaii Consul, and, in coinpliiiMce with yoiii liieiiioiaudiim, I handed llic nc-^scI and slores over to liiiii. " On my leaviii',' the Slicniindoah, Caplain Wivciuan hoisted the American ensign and peiidaul. and |irii<'lain led her a man-of-Wiir. Ilurin>^' the time 1 was im board 1 received nc infuruiiitioii, nor eotild I olitain any evidmiee, lliul ♦ Appciiiiix, vol. i, J). (17(1. t IhiiL, p. 078. I Ibid., p. t)88. ^ Ibid., p. 712. IGO Pirt VIII ' ■ „„y of the crew were British subjects ; hod I done so I shoiUd have an-ested tlioni, i\iid iimuediutely The STicnn^^doali. conimimicflted witli you for furtlieriiistnict ions. "I have, &c. (Signed) " Alf. Ciii;kk." In order to justify the detention of nny of the crew it was, by law, necessary to i)iove by evidence that tlie persons detained were natural-born British su'ijects. ' 'Jo allege that they were probably such would not have been sulficient, nor could they have been called upon to prove that they were not such. No evidence tending to prove the British nationality of any of the Shenandoah's crew was furnished or oftered tc, or was in the iiosscssion of. Her Majesty's Government or its officers bcforo or at the time when the crew landed and dispersed. A deposition made by one Temple or Jones, a native of Madras, who stated that he had himself enlisted in the ship, and served in her throughout her cruize, was, on the 28th December — about seven weeks after tiie dispersion of the crew— sent to the Karl of Clarendon by Mr. Adams. It was clearly shown, however, that Temple was a person unworthy of credit, and some of the statements in his deposition were ascertained to be gross falsehoods. The crew of the Shenandoah, if Temple's evidence were to be believed, included Americans, Prussians, Spaniards, Portuguese, Danes, Malays, and Sandwich Islanders. About fifty men were stated by him to have joined her from United States' ships. On the 10th November, ISeij, the Shenandoah was delivered to, and accepted by, the Consul of the United States, and she soon afterwards sailed for New York. Summary, The Shenandoah was a steam-ship built, not for war, but for commercial purposes, and constructed with a view to cmj)loyment in the China trade. She had been employed by her original owners in a trading voyage to New Zealand and China, and was, when she sailed from the port of London in October, \86i, registered in the name of a Liver])ool merchant as sole ownrr. She was not, within tlu jurisdiction of Mor Britannic Majesty's Covernnicnt, fitted out, armed, or e(|uip|)e(l for war, in any manner or degree, nor in any manner or degree specially adapted, for warlike use. She apjicared to be, and was in fact, by her con- struction, fittings, and in all other respects, at the time when she departed from the waters of the United Kingdom, an ordinary merchaiit-stcamer, and not a shii)-of-war. She had on hoard, at the time when she was owned and used as a trading vessel, two l;i-pounder carronades such as arc usually carried by vessels of her class for making signals; and thoe guns passed with the rest of the ship's furniture, when she was sold by lier original owners, and remained on hoard wlien she sailed in October iSfJI. Tliev were guns suitaMo for use in a merchant-ves>el. and not lor use in a ship of war. She cleared and saikd from the port of London as for an orciinarj trading voyage, under her oiiginal name of the Sia King, by which siie was known as a trading vessel. In her stores, and in the coals which she carried as cargo, as well as in her build and ecjuipment, there was, as Her M iji'sty's (jovernnient belie\('s, ncithiiig that was calculated to c\eite, or (lid excite, in the minds of persons on board of her any suspicion lli;it she wus intended (()r a diirerent pur|)osc. Her crew was comjioicd of men who had shipped onboard ol lier in the ordinary way, in the port of London, for a trading voyage. 'I'liey were hired and signed Articles for a voy.ige from London to Mondiay rcalling at any ports or places on the passagel, and any other ports or places in liuiia, China, or .Jai)an, or the Pacific, Atlantic, or Indian Oceans, trading to and from as legal freights niijlit oiler, nntd the return of the ship to a final |)ort of discLurgc in the United Kingdom or Continent of Luropc ; the voyage not to exceed two years. Before or at the time of her arrival at tlu' .Madeira Islands, she was sold by her owner to the (io'-erninenl ol' tlu Conleikrate Stales. ICither un the high seas or in'l'oi'luguese waters she was liansllrred to an oHieer couimis>i()ned by the (Jovernnient of the Jonfc'dciate Stat>.-, \vlio then took possession and eonlrol of her; and the master, ollicc rs, and crew who iiud cume out in her from England (three or four men only excejiied) Kli iicr at that tinu', and returneil to I'yiigland. The three oi- four men wl'io renmined on board flic shijt were one of the engineers, aeonnnon sailor, and one or two lireuicii. Tiiey are stated to have enlisted when under the influence of li(|uor. ,F. ClIKKK." 161 Tlie Commander who had taken poseession of tlie sliip and hiti oHlt'ei'M (who, liko liini were Americans) employed the strongest inducements in order to ptTMUiidt) thi' wliip's crew to enlist, by the offer of lari^e bounties, by the promise of hi^li wnKt'H itlid prize- inonev, by exhibiting money to tiiem, and by lavish supplies of liquor, 'riiem" induee- nicnts, however, were used in vain, except in tlie case of the three or four \m\\ abovu mentioned. 'file ship was also joined by a few men who had come in i.he Btoamor Lfuiri'l, At the time when slie commenced cruising, her whole crew, exclusive of ottieevWi wiitt A'oin bovcu- tecii to nineteen men. The number of men who would commonly l)e (ihippyd to work h vessel of her size as a merchant-ship would be from forty to hfty, whioU \vm tho i»uml)o»' tiiat actually went out in her. As a ship of war she would require a larger Itumhor tiinn that. It ajjpcars that before she arrived at the port of Melbourne lier uitnv hiid been increased to a complement of from seventy to eighty men, exclusive of otHeoi'S (who >vero •ibout twenty) by the addition of men who joined her from captured Americim vc'i*Nt'l». 'file Commander and oflicers of the Shenandoah (excepting, as nouu' (IrponeiitH stated, one of the lieutenants, who had taken a passage in her from London hh an ordinary Diisseiiger, concealing his ])urposc and official character) came on hoard of Inn', >ur the Hrst, time, alter she had arrived near to a detached group of islands beUmging to tlu' Madeiras, and called tl'.c Dcscrtas. They came out as passengers in the l.iiuri'l hteuuicr, wliich (.liand on the 8th October from Liverpool lor a voyage to Matanioras rid llitvtinnuh and Nassau. They took the control of the ship, and, by their orders, her ginm (utlier than the two small 12-i)ounders above mentioned) and all her annnunition were put (Hi board of her iVom the Laurel. These acts were clone either within l'ortugue»e wiitcrH or on the |ii"-li seas. The vessel afterwards hoisted the Confederate flag and coninitMU't'd t'riiising. Her Commander was a Lieutenant-Comniander in the naval service of (he C'oill'i'dernte States, appointed by the Naval Depai'tment of that Government to coiliniillKl the Shenaiuloah. Ot' the vessels caiitured by the Shenandoah a considerable number wt're captured before she arrived at a British colony. The earliost inlelligenee respecting the Shenandoah which reached Her Majesty's Goveiniiient was received from Llei- Britannic Majesty's Consul at Tenerille, Up to that time (tliat is, until the 12th November, l'^()4, five weeks after she left London) no repre- sentation respecting her had been made by Mr. Adams, and no information about lier liad been conveyed to or come into the possession of Her Majesty's Governnienlt Immediately on the receipt of the British Consul's Report, anil hefort? any repre- sentation had been niado or information furnished by the Minister of tlu' United States, Iler Majesty's Govcrnincnt took the opinion of its legal advisers on the *tion whether k'>;i»l proceedings could be instituted a^jainst Corbett, the master of the Mliip, t\>v his share ill the transaction, and the master was, in fact, indicted and brought to trial, hut was iicciiiitted by the jury, the evidence as to his acts being doubtful and eollrtlClinH;, The Coinmander of the Shenandoah on arriving' in the jiort of Milliourne addressed 1,1 liu" Governor an application in writing, stating that she was a •.tciinicr hi'lohgiiig to the ('i)iil'uderate States, and asking for jierniission to make nece.ssai'y irpairH iind nblaiii iHvessary supplies of co, . I'erniission was granted to him to remain in tln» wiilel's of the idlmiv a siidicient time for receiving the provisions and things necessaiv for llie Mili'«i>()rt,(l that she was not in a lit slate to go lo sen. and iliat re|>airs were necessary for wliicii the vessel would have to ho placed on ii slip. The ,|i|), though the property of the Colonial Government, was not under its control, hul tUider thill of a private person to whom it had been leased liy the (iovernnieiil, l\iinis-ion to laud from the vi->t'l .-tuics which ^lu' dnl not rc(|uni' lor ii='i' WiwiiMked, lull ri'lused by the (io\criior, on thr advice of his Law Ollii'ers. 'I'lie Commander of the ship w,is I'cipiired to li\ the earliest duy oil whuli .lie would iic ready to sail, and to taki" his depaituri' on tiie day so lived; and hlie di'|iarted iiecoi'ilin^ly. 'I'liii'i' persons discoNcivd to have i.'.niu' on board ihc ship lor llic |iiii|io«i' ii| juining lur civw were prosecuted and broii;;lit to trial. Two were |iuiiiiliiil, the tliml released Part VIII. The yiienandoah. without punishment j.ir bv reason of iii^ voutli. A fourth was diMliargiil, hciim found (o V Part VIII. Tho Slienandoali. Si till \6\i be an American. Tlicse were the only persons w! i could be ascertained, before she left Mell)ouvue, to Imvo joined uv attempted to join her; and her Commander gave his word in wiitini,', us commander of the siiii), that there were no persons on hoard of her except tho.se whose names were on liis Shipping' Articles, that no one had been enlisted in the .service of tiie Confederate Stiites since iiis arrival, and that he had in no way violated the neutraiitv of the port. It was "not the dutv of the Colonial Government to seize or forcibly search the Shenandoah whilst in the waters of the colony, nor could it have done so without trans{>;rcssing the rules of neutrality and the settled practice of nations. No personal communication took phiee between the Governor and the commander of the ship while she remained iu the waters of the colony. Tl'.' "'-covory having atlcrwards been made that, notwithstanding the vigilance exercised by the officers of tiie Colonial (iovtrnmcnt, pi rsons had been secretly put on board the hip during the night precedinu; her depnrture, notice of this was sent by the Governor to he Governors of llie other Australian colonies and of New Zealand. Her Ihitannic Majesty iiaving suh.^cquently received reports, which appeared to be worthy of credit, to the etfect tii.it the Slienandoali was continuing to capture and destroy merchant-vessels afirr her conmiaiidcr had been informed of the cessation of the civil war, .>ave directions that she should he seized in any port of Her Majesty's Colonial possessions, or on till! hidi seas, and should be delivered over to ofticcrs of the United States. But the truth of these reports was jiositiyi'ly denied by her commander on his arrival at Liverpool, and Her Majesty's Government has no reason to believe that the denial was untrue. Un arriving at Liverpool the vessel was secured by the otlicers of the Government, and was handed over to the (jovcrnnient of the United States, on the express request of Mr. Adams. The crew were detained on hoard for some days by the officers of the Government. No evidence being within that time given, oHered. or discovered against any of them, they were at the end of it suHered to land and disperse. More than six months had at this time elajised since the end of the civil war. The .Shenandoah was at sea during more than twelve months, from the time at which her cruize began. She was never, so far as llvv Majesty's Government is aware, encounteiea or chased by a United States' ship of war, and no endeavour to intercept or capture her ap|)eais to have been made by the {lovernment of the United States. Her Ihitannic Majesty's Goyernment denies tliat, in respect of the Shenandoah, there was on its part any failure of international duty tor which reparation is due from Great Britain to the United States. 163 PART IX. Part IX. Becapitulation. Recapitulation of Facts previously stated. )ininander of The atntements of fact which have been placed before the Arbitrators may be recapitulated as follows. Of the four vessels in respect of which alone the United States have, up to this time, made claims afiainst (ireat liritain, two — tiic (icorgia and Shcnandoali — were never, in any manner or degree, within tlie dominions of IJcr Majesty, fitted out, armed, or c(iui])|)ed for war, or specially adapted to warlike use. They were constructed and iitted in a manner suitahlc to merciiant-sliips. One of them — the Shenandoah — was not, only built for a mei'chant-shi]), but iiad been owned and used as sueii before she was purchased by the government of the Confederate States ; and iier condition and e(pupment wlien slie departed fi'om Great Britain and wlien she came into the possession of the (government of the Confederate States, were, so far as appears, the same in all material respects as they had been when she was owned and employed as a tradiui-' vessel. This vessel, according to the evidence which has been brought to the knowledge of Her Majesty's Government, was sold and transl'oned to the Government of the Confederate States after she had departed from Her Majesty's dominions. No inlormatioa whatever respectint'' these two vessels respectively was conveyed to Her Britannic Majesty's Government by the Minister or Consuhir Officers of the United States, or came to the knowledge of that Government, until tliey bad respectively departed from Her Majesty's dominions. Her Hr'tannic Majesty's Government bad no m'ound to believe or suspect that tliey or either of them were or was intended to be delivered to the Government of the Confederate States or its oflieers, or enudoyed in cruizing or carrying on war against the United States. If the Minister or Consuls of the United States had any such grounds of belief or suspicion, they were not connnuiiicated to the Govermnent of Her Britannic Majesty. The other two vessels — the .Maliama and l''lorida- though suitable, by their construction, for vessels of war, were not armed for war when they respectively departed fron» the waters of the United Kingdom. Tliey had tlien no armament whatever, and tiiey did not receive any until after they had arrived at places very remote from Great Britain, and out of the control of Her Majesty's (lovernment. As to one of these two — the Florida — no information supported by evidence proving, or tending to prove, that she was intended to cruize or carry on war against the United States, was conveyed to or iveeived by Her ibitannic Majesty's (iovernment previously to her dejmrturc from the United Kingdom. On her first arrival in a British Cohmy this vessel was seized under the authority ot the (iovernor, hut was released, for want of j^roof, bv the Decree of a (,'ourt of competent jui'is(hetion. The Florida, before engaginu; in any operation of war, entered a port of the C'oid'ederate States. She remained there for more than four montlis; she there enlisted and siiipped a crew, and was ])ut in suitable condition for cruizing, and she was from thence sent out to cruize. In the case of one vessel oidy — the Alabama — admissihlc evidence tending to prove tiie existence of an unlawful intention was t'urnished to Her Britannic; Majesty's Ciovern- nu'ut before the departure of the ship. 'I'his evidence was supplied little by little, the last in>.talment of ii "ing ilelivered on the fourth day before her departure. She put to sea unreuistered and itlioid; a clearance, muler tlie pretence that she was about to make a trial tri[) and return lo her moorinu's The eiicnmstanccs undi'r wliich tlu' evidence relating to this vessel wa,-, received, referred to the Legal Advisers of the Government, imd In tliem considered and reported on, are stated in l*art \T of this Case. All the information furnished by Mr. .Adams to Her Majesty's {iovernment, as well in relation to the .Mabama as in relation to eiieii of the three other vrs-^els hereinheforc specified, was releri'cd by the Secretary of Slate for Foreign Atlairs, with the utmost expedi- tion, to tlie |)ro|)er l)e|)arlments of the (iovernmcid, lor iucpnry, and in order that itu'asuns ndirht i)e immediately taken, should occasion so recpiirc, for I In; due enforcement (i| the law. lni[uiry was aci'ordinglv made; in every case. In the cases of the Georgia and Ya Part IX. Recapitulation 164 the Shenandoah, nothing could be done, since each of tlicse vessels had ahcady departed from Her Majesty's dominions. In that of tlic Fioridii no evidence of nnhiwfni intention was or could be" obtained whilst she was within the Dnited Kingdom. In tliat of the Alabama, the persons having jjosscpsion of the hhip carried her to sea before the order for seizing her was given. In estimating the reasonahleiic^:- of the views acled npoii by Her ^LlJcsty s Govern- ment as. to the suflieiency of the information an had been for a long lime in tiie habit of entering into eontraets with loreign Governments in all parts of the world for the eonstruetiou, ecp.iipment, and sale of ships of war: such contracts being privately neuotiated, in liie ordinary eonrsc" of business, without any power on the part ot the Government to impiire into or inti'rfere with tbein. No jiresumptidn, therefore, as to the real destinaiion of any sueh vessel would in any case arise from llu' mere fact of her having a warlike ebaraeter, altiiougli she might be in course of buddiu'., during a state of war betueen paiiienlar I'owcrs, while others were at \)chcq. Jn the papers relatiuir to the iron-clad rams at Liverpool, ample illustration will [>(> found of the diflieulties which were lialile to arise from this state of things whenever it became nccessiary to prove the actual piujiose for which a ship of this character was being C'.astnicted : ditficidties which, in the end, rendered it ultimately advisable far Her Majesty's Government to ])ay a very large sun; of money lor the piu'chase of the rams rather than risk the uncertain result of a friid. The foin- vessels above specified were procured from Ihitish ports, or purchased from British owners, by the persons eomprisin-^ the (/e /«r/f) Government of the Confederali' States throuLdt till ir agents, and passed '.ntn the possession and eontnil of liiat {iovein- ment. After possession had been so aeip.iired they were respectively armed for war l;y the orders of that (icuciniuent. weie commissioncc' as ships of war, aiul were commanded and otlieered l)y Ameriean citizens ludding eommissKUis in its naval service. The crews of these vessels were ei.iisted on the high seas cr elsewhere o.it of the jurisdiction ol He. Aliijesty's (iovermiunl. and, in the ease of the l''lori(!a, chietly in a poil of the Cou'edcratc States. They were c'tinposed partly of Itritish sultjeets, whom the /\inerican (jtHcers induced by persuasion and by promises of reward to lake service when at a distance from l'!nL;laiid. The solicitations ol the Ameriean odicers were sonietiuKs successful in iudiuing Ihitish seanu'U to serve ; sometimes they were exerted in \ain. Hut the vessels Were also nuiiined to a con^iderahk extent with Americans and othel^ drawn (rom the ciews of American -hips raptured liy thi'ui , though it is right to add tluii in the case of some ol the latter class who let! tlu' Sheuando.ih at M(dh(niriie. it whn aihgcd that threats and ill usatte had been employed in or>!er to induce tiu'in to join, 'I'licse vc'.'.els, ;iftcr lia\ inu been arnu-d (or war, were recei\cd as vessels of war in ilie ports of (ireat lirit.iin as well a> in tbo«c ol tlic other m utral countries visited by tla in. In lv( ic rici'ived on the s.inie lijotmg as in llios( of other neutral nations, iuid were idlowed to repair and purchase supplier on the siuue eouditious as urmeii vessels of the I iiitcd .'^li^tl -, witlaait lavou< or paitiality, carelul precautions heinu employed to prevent any nta-wal or augm "Utation of tlu m' warlike force within Hrilish wateis. No serious ende.ivours to iutciecpt or eaplui'e any of tlic'-e \esxl-.. durinif the tnne> ol their respccli\( I raises, ;ippi-ar to have been made by the (»oN<'rnment of the I'niti i| States; mid the losses iutlieted by them would probiibly have been ill great measure averted iiad reusonahle activity and diligence been exerted by tliat (jloverniiient niid i! officers for (hat purpo-e. The Kciural coiuM ol Her IJritaiiiiic ^^ajestv'H Goveiniiieiif throughout the war wiw governed by n strict regard lor I he obliuafioiis ot ncutrahly and a siiicen- desire to Inliil them, and this is apparent as well from the tacts which have been stated in relatinn to the four vessels above s|K'eilied, a I'roin tiie other facts stated in the ♦•arlier parts ol thin Case. Thus It lias he"u sectl — I hat. Iteside the I'lorida luid .Mabnnia, iii.my oilier ships were belies ed iiiid asserted by Mr. Adiim- to be lilting on' in Mritish ports for the piirpimc of earrving on war imaiiisi the L'liifed States, niul were made the subject of lepreHcnlatioiis li* Her .Miijc-lv's (itiveriiiiient. 'I'liut ill every ciuu'. widiuut exiej>tioii, tiic alle^jatioiis ol Mr, Adams were promptly [ly departed il intention that ot the e ovdev tor ,y"s Govern- subnuttL-d 1 c'liuipnient tlirovigliout tant branch lational duty lot justihc'd shipbiiildi IS iovL'rnnic'its if \v;ir : snoli ut any iiowir lirosnniption, is(? lVon> tlu' e of buildinii; atiou will bo , whenever it ter wa-* bein'j; uble lor Her of the nuns iirelnised from Confederal I' lliat (iovern- for war b\ the ninanded and •re o.tt of tlie \iiHy in a jiori ets, whom iIk' e scrviec wiien verc sometimes certed in vain, ans and utliei- ;bt lo add llml Ibuurne. it w;i< n to join, i-, of war in liir I'd by thiin. In leulral nation>. ( unneo vessil-, in' employed tn liters. irim; the tnnr> . of the TnilMl (jreut meanurr riiment ani' • out the war uiis !• desire to liiliil iited in relatKin earlier |mrls <<\' I6S and e.irefully invest ipjated j that in the greater number of cases Mr. Adams proved to be mistfdien, the suspeeted shipH being merely merchant-ships, built and fitted out with a view to a spceiul eniployment, and not (or war ; that in all cases as to which reasonable evidence eonld bo obtuinud, the suspected vessels were seized and proceedings instituted for tlio coiidenmation of them ; that (our were thus seized — the Alexandra, the two iron-clads, and the Canton or I'ampero — ai\d were prevented from being used for belligerent purposes; and one of them (the Alexandra), having been seized in England and restored by the verdict of a jury, was atterwurds seized again in a British Colony. That during the whoh- period of the war, which lasted for (bur years, no vessel armed for war was sent out or procured from British ports for belligerent use ; and that of vessels specially adapted by construction for warlike use, two only, the Florida and Alabama, were so procined, in the mamter and under the circumstances above described; whilst of these two one only, the Alabinna, escaped and came into the possession of the Confederate Goveiniiient without having undergone a seizure and trial. . Finally, it has Ihhmi seen that the (jovernment of Her liritaunic Majesty, not content with carefully performing, to the utmost of its power, its recognized international obligations, .iverstepped on more than one occasion the actual limit of those obligations, for the sake of pioventiiiij; an\ thing whatever which might compromise, or be reasonably thought to eoinproaiise, its neutrality ; and, in particular, that, in order to prevent vessels which had been armed or built lor war within Great Britain from passing into the hands of a l,cl|j;;erent, n lari;e expenditure was twice voluntarily incurred, much of it without any r(niivalenf, in addition to the costs and charts occasioned by unsuccessful proceedings in Ciiurls of Law. Part rX. Itecapitulation. , ed and assi-rtdl g on war against > Her Majeoty's s were pron>ptl\ 166 PnrtX. CoBoludiDK remarkt. PART X. Kemarks in conclnsion. I- ^■ \ I'ov thi' intormation of tlie Jn-h additional or more .nnpH . (^. ,^ gubiuiUia on > arguuiciU in Sl;.;i also, until ;;;;;;X;;r M^ien tin. two ^^;'-;;;;;;r£;i;;;;h ,dacin. bctbn- ,1. what point. a.r '■.•-Hv 1' j ^^,,„, ,;,, ,U, ,.vcscut, couU Tl,at vessel, should. » '' ,„^.^,a „8 l„-Hi-enM,t '' "'''^ . Y,,,^,,^ and vo^rcl to Hu' ports lor warlike us<- and « M ' <: ,K.n a ^ub.icet ''7 > :,.,,i,„ ,„alcnal as tl,.;, E-eat Britain hernclf Letnu; ""'"'l .j ."^ ,.^.,^,„ Wtu.t vemovea b 1>^^ ' ^ .^, ^,,„,.,i,,a , . undonla..lly are to a u. . P ^^.,^._^.,^ ^l^■'^•''^'•'^'^'\ £mrted lr..vu lU-r Maj.-U ■ means of urtitlre '">';"",:, ^U'U they ro'-l"''^'^; > l,' '\,s u.cre n,crehu..t->lu|. Govennnent ; U.at all ',"',„, so,ne of then, '''" ^";;^' ,, ....dnr; and that U. donunions were v^^H.lly ' '• ^^.^,,. . „,,, they ^ve»c kv -^ , ^^,^.,,^, ,,,a ,or w;u, without any speea, ''"''H ';>',, ^,,,„r„, of t»^'-'"- '^^^l > ■ ever'cean.d to nuunt;,,,. persons who j;:nned l';'-7. "^^^^^...t of the Init.d >^f'*^ J-,,,, ,„ tl,.. pnl^n.eut ol Ue then,selves (as the ^;'^^!^,^,\, „. theM- n,ust g • ^ > . "^^ ,^,, (;,vernnunt , Anurican .itiz-en^. ^ ';:'', ^^';; as to the re^ponsdnht 1^ ^^^ ^^^^^^^^^^^,^^ any >-\H-»i''' rrf':;^rt aMWaets then.selves j e,n. mU ' -^ . , ,,,,, „ evituM, yet it IS nivi'rthe e>s ^nit » conip.'o oim d "^ , .,, „en' dneeted. Ilr hv the nent,id(H.vetTnv'iit, «o lu ^^^,^,j,,^,,,,,,lvvh.untn ^^jj^. ,,^_^ Sndenoy to di..u.U it-- ';'^;';;:;; ' I: ;;;.t hesitate I ;",;;M'-; ^ the'e...vs>i.a .„ M.,;,.stv'>* Governitient, "'" " • ,V„ i„ited Statis, and h.>^ ' , ' -twen llie two I'ow.vv eiiely, to tho f'--^;-; ;',:,! ^meU h.. »--;:";" Ifnieau. satistuvlinu a, , ,,, ,„, ,,l,„ ed on reeord n 1>. " . .„,,„„ t|,at it ^^ ' '' , i,„Uvat is out o, Hu llu- (iovrrninei.t ot the I tu _^^^, ,,,. ,,^.,, „, thes ^ ■ ^ ^ • ,,,,.,„ ,„ operations o. -ur earn. . ^>^;;^^^ '>"--''♦7!"':n;^; .^^ o'-'l^ "- ^ "''-' ^'""yi the time heinK. " >> "''; ' ',.,i ,,. the nu'st Iriendh uiin.- ,uui,.n» m uen.iil^ (Jov.rnnu.d. although "•";'"''] ;,, H.hts and tl.osc ot ' • ', , ,^,^ ^„„, „,„ eonld not, ^u^U due "'P''"'' ' ', ;' l„?i to he in''t. I« !» " ' ' . .wed hv (i.eut l.v.u, l.ent t.. aeKno.h.1.0. 'j; ^ , ^^ .O.at an int. tnat.onal ^"'V. ^^-.^ t=.r,her .!-. u«l l,e supported only h- -lea, »',,.,, ,„ (;,eat ^ntanu ju.d '^^ « ,^,. ,,,,i,,, , .,,,, t„ ,,,1.' United State,, »v.^'* " ,y: :;; : „.„;„ »,,iH cau«^to "'[" \ '";,,, ;„er.«.nent ■ 1 the „p,„eciah!e in ury ''^^»'=^7' 'l ' ^e, ar.dion i.. .uom-y. »« '^„t",, ,,, the n,.ern..llunat ll'i.a n on.ht, it. ,it.^tH'«*. f\ ' " j;' hU ,.oH.tion.. to •l'*^'- '^ ' ' .otuplnn,.. r„Ued States thenjo ;;";-^f ^ p Je tla- viohdtou .^J^ ^h d l^^^^ ^^^^ „ I .lutyor.hitiesonwhieh d ''' '^•»^,^; ^„ ,,,.., purt u\:x -"'^^ " ,, ,l,„„^ »,ul ^ului| eMni.e of any ol ''''" i:'''*\'^r '.„,,,,,,.,,, el.iinn' the riiiht '".'L en eral av.nn,i.ti. a t' J jSronnds. Kvery .-.vne.^ ^e "r ' • ol' «l-*«' l-'^'"- '.^llV ^h ■ ' trlv unl p- 1-lJ Scr.diny uv n,l. il'-en e •"'*., ,,.,„oimh!e e.ne and '>'>'",;., ,«,,,. eouUl ta.l ' v-l udttuniMi-ird an "-'""l''""V ti t ha. heen .liH'l"<'^'" •»> '' ' ' i of « rea.;,a«H U nut enonuh to M.U'.e. • - ' .,,„; „„,„ iho U.e.UH -f juclirUHml on e .pn-tu.n ol tail, j iiniation of i1h> luliciitiou (.1) \\w CIOVIM lUllllll IliH icli luis iiot,vi'i ii: UiiiU'il Stiites ail itself of tlic t to tlic TrilHiiuil K- uotc»si»r\ . li liall liavi: sliov.i' iiiti) iiifiuuiciit in .UiciiiS IJijfi"'' tl"" .,im1 iVom l^iiiisli he ruited State. .lul rofiiel til I!u- -^ lililteliill lis tlir, i wfie ol)fi>iiH'lit|-. lifi-; aiul lluit ihi were vised for war, cit-'.'il <" iiiiiiiitciii ,„ tlic )ii(l,i;iiie',t I ;■ titnil (Jiiverinnint, lone i>r iHill.oii/i ' ^ liiul all iiievil >'> \veie diiecteil, 11 lei^ret, fiimliy (\ the exl)r<^M'.l' 1 ten llie two I'owi'-. mI to HiitiHiueliiiii in s,. Is — llii't '" ""' '" ^^cs-ioii of tlii^'i" ''"■ ■ !• Hiit.iiiiiii' Miii''«t\ - 1^ tlie I iiiud Miilo, I hiltioll!* ill t'eli'll'. • -tiiet riKlil. 'iii't ' "' ,wnl liy (-leat f.n n iwini? furllier iI.h' ail ituK'", lorvNliii'li ''ii'it « ;oveiieniliieiil. I li.' I oil ^t^onn iii"i •"li'lj ,;ejieii(leMt of ia ' niMj i.,,cral aH..iiiiiiitii 11 t' ■ij i,re fuirh uiui |.i. j" iHl ntnii>i' t'ould ii'ii ' „| »o «ll«' "■llUill\. Ij , .,1 iiiU»illi"'i'"» '' Part X. conuimiid, has formed and acted on an o))inion from which another Government dissents -; — ,)!• ran induf'c an Aibitrator to dissent. Still less is it sufficient to show that a judgment fj.gJJJafjjg"* ,.„,i(,niic'ed by a Court of coin|)etent jurisdiction, and iictcd upon by the Executive, was tiiiiitcd witii error. An administrative act founded on error, or an erroneous judgment of a Court, inav indeed, under some cireuinstanccs, found a elaiin to compensation on behalf of a person or Covermncnt injured liy the act or judgment. But a ch.arge of negligence brought :i<:ainst a Government cannot be supported on .sueii grounds. Nor is it enough to suggest or prove some defect of jiK.^inf.'nt or jieiietration, or somev iiac iess than the utmoiC i)ossil)le promptitude and celerity of action, on tlie part of an oflicer of the Govcrn'.'.icnt in the execution of his ollieial duties. To found on this alrno a claim to compensation, a,.5 fur a breach of international duty, would be to e.>:act, in international affairs, a iicvfeclioii of administration which few Governments or none attain in fact, or could i-easdiialiiy hope to attain, in their domestic concerns; it would set up an imiiracticable jiiul theiefon; an unjust ami (allacioiis standard, would give occasion to incessant and uiueasiiimliic eom|iiaiiils, and render the situation of neutrals intolerable. Nor, again, is a iKitioii to i)c held lesixmsible for a delay or omission occasioned by mere accident, and not 1)V I lie want ol reasonable foresight or care. Lastly, it is not sullieient to show tliat an act liiis been done which it was the duty of the (ioveinmcnt to endeavour to prevent. It is necessary to allege and to prove that there has been a faihnc to use. for the prevention of („i iut wnieli tlie ( J>)>-eriiment was bound to endeavour to prevent, such care as Govern- iiu'iils oidiiuiiily employ in their domestic conci rns, and ma\ reasonably be expected to exert in matters of iiUernational interest and o'lligatiou. These considerations apply with especial force to nations which are in the enjoyncnt of free institutions, and in which the Government is lioiind lo obey, and cannot dispense with the laws. If the 'i'ribuiial should come (o the coiulusicjn that (Jrcat Ihitain has incurred any liability to the I'niteil Stales, the (juestion will then aris. what .should bo deemed the just measure am' extent of that liability. Her Uiilauiiic .Majesty's Government abstains at present from entering into that (|uestion, and will reserve sucii observations as may be fitly otl'ered in reliifion to it on the part of Great llritain to a later staue of the proceedings. Here it is sullieient to remarU that a claim on the part ol a belligerent to be indemnilied at the expense of a neutral l()r losses inflicted or occasioned by any of the ordinary o|)erations of war, on the pica that those operations were assisted or facilitated by iiegligeiiee on the iniit of the neutriil (iovernment, is one which involves grave considerations and iripiires to ho weighed with the utmost care. I^isses of which such ncirligence is the direct and |iii)xiinale cause mid it is in respect of such only that compensation coubl justly be awanled) .ire eominonly not easy to separate from those sprintring from o'hcr causes. Success ill warlike operations is neiietallv due not only lo the force |)ossessed. ii'tt to the tikill and courage exerted, by the sucecHsful combatant. If claims of this nature were fii Ih' freely admitted, a belligerent init?ht doiiumd to lie iiidei»niti<(l by the neutral againwt iiiiise")uenees fairly attributable, in pail or altoi:elher, not to the fiiuK of the latter but Id his own want ol capacity and enteipii/i. Her M^jestv - (iuvernuw nt has been I'uiiipelled to point out that in respect of the vessels to wliich the ttHiegoii^ stutemeiit idatcs there was, on tiic part of the (iovernment of the I ititeii Statirs cr its otticcrs, an ixtraordinary ri'inissiiess in using the naval fc .cs at tin ir disjKisal, and that if ordinnry artivtly had liceii exerted 'i the endeavour tn intercept and capture these vessels, (ti« losses of which the Uiii'ed ,*^tatcs now complain woulil probably have Ix ' n in gnat iiiciisuri' averted. It caiinot be eoii>isteiit with any reasonabU' \ iow ol miernalioiial iililigations (hat a belliger«'nl State, alley:ing itself la be aggrieved by ^.tuic impuled iiti^diitenc.' ot a neutral (ioveininent. slxmid on tliat utcouiit elaiin indemnity from the iinitral for losses in the course of warlike .iperatioiis which it liiis not actively and iliiiifcnllv I'xciteil ilsill't.i prevent or arrest. II was the constant aim ot llei Dritannic Majesty's (jovermni'iit throughout the wi^r t( (ilis«'rve '.Mill lideiily and exuctiiess tlie obligations, and to muinlaiii unimpaired the li.'iits, which the law and practiie ol" nations liavi assi'.rni'd to neutral I'owiis. In lijiliolding lliosi' rights all the nations of the worhl arc iiiteiistc I ii.itioiial ililVeu i.i'cs, by propojiiiri and agreeni:;' to niir lo the judgnu III of imputinl Arbilriiloi^ tiie iiiieslioii wlietlur. in llie nmttirs com- Uiiied of by the I iiiled Slater, it lius failed to disch.irue any inlernulioiiiil dul>. In Hiding Oh the (piostioiis Mibinitteil to it. the 'I'ribuiial will be called upon to apply to im^ I'mtta.-n, ifitWtifci'W j a \r \- I Part X. Oonc'udi'i^ 168 them princii'los and considerations of wide application, not confined to n)a^tiD^e neutralilv, Mor to the a< ts and conduct of maritime nations alone. Great liin,;iii '■■-. t. ,iR;;.d u, nccept ti;e t«v. ro, whether Ihvourabic or unfavourable to lier. She d joirns only that ii sv.all he jiTst. Sl.c claims only tiiat it shall be founded on a true and I'-iuifibie iiiterp.c d- tion of the law ol nations, and on principles which she herseli'and al? othci 'o\ <.ri; !>:iy be satisfied, whether as neutral or as belligerent, to acknowledge and al/'.de Lv in time u, come. io>e neutrality, la arijiB'.^id ill is only that it, ,bL- iiiterp..L',