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:1 Earl Russell to Mr. Adams. FOREIGN OFFICE, May 27, 1863. SIR: I had the honor, in my note of the 3d ultimo, to communicate to you the result of the inquiries which have been instituted by Her Majesty's government, on the receipt of your letter of the 26th of March, in which you denounced the Phantom steamer as being in course of construction at Liverpool as a vessel of war for the service of the so-styled Confederate States. The evidence which I was then able to lay before you seemed to show that you had been misinformed in this respect; but as the depositions inclosed in your letters of the 16th, 19th, and 23d instant appeared to call for further inquiry, Her Majesty's government did not lose a moment in causing such further inquiry to be made, and I now proceed to communicate to you the result. 1st. With regard to the allegation that the Phantom has port-holes, the collector at Liverpool has obtained from the surveyor a report, from which it appears that, though the Phantom has ports on deck, it is evident from their size and situation that they are intended for the escape of water, and not for guns, which the strength of the deck is not sufficient to carry; moreover, the permanent fittings on deck would interfere with the working of guns. The surveyor adds that, in his opinion, the Phantom is intended for mercantile pursuits, but whether of a lawful character or for running the blockade there is no evidence to show. 2dly. The commissioners of customs, since the date of my last letter, have caused a strict watch to be kept upon the Phantom, but nothing has transpired worthy of special notice, and the several papers in regard to this vessel, including the depositions forwarded by you, having been submitted to the legal adviser of that board, he has reported that there is no evidence to warrant the slightest interference with her. Indeed, it is stated that during a recent interview between that officer and Mr. Squarey, [38] the solicitor to the United States consul at Liverpool, Mr. Squarey admitted *that there was no case against the Phantom, and that the recoil of a heavy gun would shake her to pieces. I have, &c., RUSSELL. In a subsequent note to Mr. Adams, dated 30th May, 1863, referring to the same subject, Earl Russell wrote as follows:2 The surveyor further observes that it is difficult for any one at all familiar with the construction and fittings of vessels intended for warlike purposes to account for the supposition that the Phantom is destined for such a service, her hull being of the most fragile character that can be conceived for a sea-going vessel, her steel-plates being but a quarter of an inch thick, and her iron frame 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 3d June, 1863, Mr. Adams addressed to Earl Russell the following note respecting a vessel called the Southerner, alleged to be fitting out at Stockton-on-Tees :3 Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, MY LORD: I have the honor to submit to your consideration copies of two depositions relating to a vessel which has been fitting out at Stockton-on-Tees, for some 1 Appendix, vol. ii, p. 177. 2 Ibid., p. 179. 3 Ibid., p. 187. 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 the 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 practiced by the so-called Alabama and the Oreto. The person superintending her equipment appears to be the same who was equally active in the case of No. 290. I 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 have, &c., (Signed) CHARLES FRANCIS ADAMS. In this note were inclosed two depositions, sworn by persons who had inspected the vessel. These depositions, however, furnished no evidence that she was in any way fitted or intended for war. It appeared that she had two small guns mounted on her decks; but these were afterward described by Mr. Dudley himself as "small guns, such as are usually found in passenger vessels of her size." In answer to Mr. Adams's note, Earl Russell, on the 4th June, 1863, wrote to Mr. Adams as follows:1 Earl Russell to Mr. Adams. FOREIGN OFFICE, June 4, 1863. SIR: Your letter of yesterday respecting the Southerner was unfortunately not delivered at the foreign office till 8.50 p. m., some time after the business of the day was ended and the office closed. I have, at the earliest possible hour this morning, communicated with the treasury and home department, and I have requested that orders may at once be sent by telegraph to the proper authorities, to pay immediate attention to the circumstances set forth in your letter. I have, &c., RUSSELL. Orders were forthwith sent accordingly, and the collectors of customs at Stockton and Middlesborough-on-Tees, at West Hartlepool, and Liverpool, respectively, were instructed by telegraph to watch the vessel, to report any suspicious circumstance, and, should there be any legal proof of a violation of the foreign-enlistment act, to delay her, or, if necessary, detain her for the direction of the board of customs. The collector of customs at Stockton, on the same day, (4th June, 1863,) reported concerning the Southerner as follows: 2 She appears to me to be calculated for neither running nor fighting, but is certainly a very superior merchant ship, built, I should say, expressly for carrying bales of cotton. The owners appear to me to have calculated, when they contracted about twelve months ago for building her, that the stock of cotton in America would have been [39] from some cause or other released ere now. And, as freights upon the article would have ruled high for fast vessels, they doubtless expected to reap great profits. For the present, however, they would seem to have been disappointed. And I understand that a sister ship, built in the Tyne for the same parties, has, for want of more profitable employment, been sent to Alexandria on some miserably low freight. This report was confirmed by the collector and the surveyor of cus toms at West Hartlepool and the acting surveyor of customs at Liverpool. These officers reported that she appeared to be intended for commercial purposes; 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-vessels of her class, and were, as so mounted, merely fit for firing signals with blank cartridge.3 On the 12th June, 1863, Earl Russell wrote as follows: 1 Appendix, vol. ii, p. 190. Ibid., pp. 201 and 207. Ibid., p. 193. Ibid., p. 203. CASE OF GREAT BRITAIN. Earl Russell to Mr. Adams. FOREIGN OFFICE, June 12, 1863. SIR: 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 respecting the Southerner contained in your letter of the 3d instant, I submitted those statements also to the consideration of the law advisers of the Crown; and I have since learned from them that, in their opinion, the evidence supplied by those statements would not support a charge against the vessel that she is so equipped, or fitted out, or destined, as to constitute a breach of the provisions of the foreign-enlistment act, and that it consequently did not afford 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 be 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-enlistment act. I have, &c., (Signed) On the 3d July, 1863, he again wrote as follows:1 Earl Russell to Mr. Adams. RUSSELL. FOREIGN OFFICE, July 3, 1863. SIR: I had the honor, on the 12th of June, to communicate to you the result of the inquiries which had, up to that time, been instituted by Her Majesty's government with reference to the statements respecting the vessel Southerner, contained in your letter of the 3d of that month. I however added that attention should nevertheless continue to be paid to that vessel, with the view of guarding, as far as possible, against her being equipped in this country in a manner inconsistent with the provisions of the foreign-eulistment act. I have now to inform you, in fulfillment of that assurance, that Her Majesty's government considered it desirable to request the board of admiralty to associate with the custom-house surveyor at Liverpool an officer 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 has now been received, and I have the honor to acquaint you that it appears from it that the Southerner is an ordinary-built iron screw steam passenger and cargo vessel of 1,569 tous, fitted with engines of 300 horse-power; that she is also fitted with top gallant, forecastle, and poop-deck, with deck-house continuous fore and aft with the same, in the same manner as the Inman line of screw-boats sailing between Liverpool and New York; that she is fitted up aft, under the poop-deck, with cabin accommodation for about sixty-six saloon passengers; the forecastle for the crew, and deck-houses for the ship's officers; that her holds are appropriated for the reception of cargo, and that she is fitted with steam-winches for working the same. The admiralty surveyor further reports that he finds, upon examination, that her top sides are of iron plates three-eighths of an inch thick, and are in no way fitted or secured for the working of guns; and that she has two gangways fitted one on each side amidships, for the purpose of working her cargo. The surveyor, in conclusion, says that, upon fully examining the Southerner, he cannot find anything, with regard to construction or fittings, that would lead him to suppose that she was intended for belligerent purposes. I have, &c., (Signed) RUSSELL. On the 9th August, 1863, the Southerner sailed from Liverpool, with a clearance for Alexandria, via Cardiff. She proceeded to Alexandria, and was employed in the Mediterranean in the conveyance of cotton and of passengers, and was never used for war.2 [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 1 Appendix, vol. ii, p. 208. 2 Ibid., p. 209. 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 31st 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 3d April, 1863, Earl Russell further wrote to Mr. Adams, as follows:3 Earl Russell to Mr. Adams. FOREIGN OFFICE, April 3, 1863. SIR: With reference to my letter of the 31st ultimo, I have the honor 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 ascertaining whether the Alexandra, denounced by you in your letter of the 36th ultimo, is being equipped, furnished, fitted ont, or armed with the intention of her being employed in the service of the so-called Confederate States, with intent to commit hostilities against the Federal Government of 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., 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 seventh section of the foreign-enlistment act; and proceedings were soon afterward instituted in the court of exchequer by the attorney-general on behalf of the Crown, in order to obtain a condemnation of the ship 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:5 Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, MY LORD: I have the honor to acknowledge the reception of your lordship's note of the 5th instant, in answer to mine of the 30th ultimo, making certain representations in regard to the character of a vessel in Liverpool known as the Alexandra. It is with the 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, I shall remit no effort 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 Liverpool to put himself in communication with the authorities designated at that place to pursue the subject. On the 22d 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 favor of the persons claiming to be owners of the ship.1 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 con[41] trary to the weight of testimony. After long argument, the hear ing being continued during six days, this application failed, the four judges composing the court being equally divided in opinion, and judgment 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 jurisdiction assigned by law to this tribunal did not authorize it to entertain the appeal. Costs and damages amounting to £3,700 were paid by the Crown, as the defeated party, to the claimants of the ship. While these proceedings were pending, and after the verdict of the jury had been delivered, Mr. Seward addressed to Mr. Adams a dispatch, dated the 11th July, 1863, which contained the following instructions in regard to the case of the Alexandra: 1st. You are authorized and expected to assure Earl Russell that this Government is entirely satisfied that Her Majesty's government have conducted the proceedings in that case with perfect good faith and honor, and that they are well disposed to prevent the fitting out of armed vessels in British ports to depredate upon American commerce and to make war against the United States. 2dly. This Government is satisfied that the law-officers of the Crown have performed their duties in regard to the case of the Alexandra with a sincere conviction of the adequacy of the law of Great Britain, and a sincere desire to give it effect. 3dly. 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 made the bench responsible for the verdict by the boldness and directness of his rulings against the prosecution. 4thly. 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, the United States would not be 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 Majesty has proclaimed, and provided, also, that in the mean time the Alexandra and other vessels that may be found violating or preparing 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 & Co., the persons claiming to be her owners, by whom she was, in June, 1864, sold to a Mr. Henry Lafone, a merchant residing at Liver Appendix, vol. iii, p. 56. 2 Ibid., p. 57. |