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2. And I, the said Henry Wilding, for myself, say as follows: I am the vice-consul of the United States of North America at Liverpool.
3. On the 15th day of July, now instant, I saw the said Richard Brogan and examined him in reference to a gun-boat which I had heard was being built by the said Messrs. Laird & Co. for the so-called confederate government, and the said Richard Brogan then informed me that the said vessel was built to carry four guns on each side and four swivel guns; that Captain Bullock had at one time, when the vessel was in progress, come to the yard almost every day to select the timber to be used for the vessel. That the said Captain Bullock was to be the captain of the said vessel; and that the said Captain Bullock had asked the said Richard Brogan to go as carpenter's mate in the said vessel for three years, which the said Richard Brogan had declined to do, because Mr. Laird, who was present at the time, would not guarantee his wages. That the said vessel was to carry 120 men, and that 30 able seamen were already engaged for her. That the petty officers for the said vessel were to be engaged for three years, and the seamen for five months. That the said vessel was then at the end of the new warehouses in the Birkenhead dock, and that it was understood she was to take her guns on board at Messrs. Laird & Co.'s shed, further up the dock; and that it was generally understood by the men in Messrs. Laird & Co.'s yard that the said vessel was being built for the confederate government.
4. The vessel above mentioned is the same which is now known as No. 290, and I verily believe that the said vessel is in fact intended to be used as a privateer or vessel of war, under a commission from the so-called confederate government, against the United States Government.
Sworn before me at the custon-house, Liverpool, this 21st day of July, 1862. (Signed) S. PRICE EDWARDS, Collector.
I, Thomas Haines Dudley, of No. 3 Wellesley Terrace, Prince's Park, in the borough of Liverpool, in the county of Lancaster, esq., being one of the people called Quakers, affirm and say as follows:
*I am the consul of the United States of North America for the port of Liverpool and its dependencies. 2. In the month of July, in the year 1861, information was sent by the United States Government to the United States consul at Liverpool, that a Mr. James D. Bullock, of Savannah, in the State of Georgia, who was formerly the master of an 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 employed in fitting out privateers, and also several commissions issued by the Southern Confederate States for such privateers, and in the month of August, in the year 1861, information was sent by the United States Government to the United States consulate at Liverpool that the said Captain Bullock was then residing near Liverpool and acting as the agent of the said Confederate States in Liverpool and London.
3. In accordance with instructions received from the Government of the United States, steps have been taken to obtain information as to the proceedings and movements of the said James D. Bullock, and I have ascertained the following circumstances, all of which I verily believe to be true, viz, that the said James D. Bullock is in constant communication with parties in Liverpool who are known to be connected with and acting for the parties who have assumed the government of the Confederate 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 Charleston, in the State of South Carolina, one of the seceded States, in a screw-steamer then called the Annie Childs, which had broken the blockade of the port of Charleston then and now maintained by the United States Navy, and which vessel, the Annie Childs, carried the flag of the Confederate States as she came up the Mersey. That shortly after the arrival of the said James D. Bullock at Liverpool in the Annie Childs, as above mentioned, he again sailed from Liverpool in a new gunboat called the Oreto, built at Liverpool, by Messrs. W. C. Miller & Sons, ship-builders, and completed in the early part of the present year, and which gun-boat, the Oreto, though she cleared from Liverpool for Palermo and Jamaica, in reality never went to those places, but proceeded to Nassau, New Providence, to take on board guns and arms with a view to her being used as a privateer or vessel of war under a commission from the so-called confederate government against the Government of the United States, and which said vessel, the Oreto, is stated to have been lately seized at Nassau by the commander of Her Majesty's ship Greyhound. That the said James D. Bullock has since returned again to Liverpool, and that before he left Liverpool, and since he returned, he has taken an active part in superintending the building, equipment, and fitting out of another steam gun-boat, known as No. 290, which has lately been launched by
it is his wish that we should take the opinion of the law-officers as to the case of this vessel. It is stated that she is nearly ready for sea.
GEO. A. HAMILTON.
The papers thus sent were received at the Foreign Office on the 23d July, 1862, and were, on the same day, referred to the law-officers of the Crown, with the following letter: 1
Mr. Layard to the law-officers of the Crown.
[Immediate.] FOREIGN OFFICE, July 23, 1862. GENTLEMEN: With reference to your report of the 30th ultimo, I am directed by Earl Russell to transmit to you the accompanying papers, which have been received by the board of treasury from the commissioners of customs, containing further information respecting the vessel alleged to be fitting out at Liverpool for the service of the socalled Confederate States; and I am to request that you will take the same into your consideration, and favor Lord Russell at your earliest couvenience with your opinion thereupon.
The former papers on this subject are inclosed for reference if required.
I am, &c.,
A. H. LAYARD. It will have been seen from the above statement that the evidence laid by Mr. Dudley before the collector of customs at Liverpool on the 21st July was on the same day sent to London, on the following day (the 22d) referred to the official advisers of the customs department and reported on by them, and on the 23d referred to the law-officers of the Crown.
Of the six depositions one only (that of Passmore) contained any evidence which was at once material to the question and legally admissible. To rely on evidence of this kind proceeding from a single witness, without more corroboration or without inquiry into his antecedents, would, according to English judicial experience, have been very unsafe in a case of this nature. Of the contents of the five others the greater part was merely hearsay and not admissible as evidence; and they furnish grounds of suspicion, but not sufficient grounds for belief.
Copies of the depositions were also, on the 22d, sent by Mr. Adams to Earl Russell, with the following note: 1
Mr. Adams to Earl Russell.
LEGATION OF THE UNITED STATES,
MY LORD: I have the honor to transmit copies of six depositions taken at Liverpool, tending to establish the character and destination of the vessel to which I called your lordship's attention in my note of the 23d of June last.
The originals of these papers have already been submitted to the collector of the customs at that port, in accordance with the suggestions made in your lordship's note to me of the 4th of July, as the basis of an application to him to act under the powers conferred by the enlistment act. But I feel it to be my duty further to communicate the facts as there alleged to Her Majesty's government, and to request that such further proceedings may be had as may carry into full effect the determination which I doubt not it ever entertains to prevent, by all lawful means, the fitting out of hostile expeditions against the Government of a country with which it is at peace. I avail, &c., (Signed)
CHARLES FRANCIS ADAMS.
On the 23d July two additional depositions were sent by Mr. A. T. Squarey, of *Liverpool, a solicitor employed by Mr. Dudley, to the board of customs, with the following letter: 2
Appendix, vol. i, p. 193.
Mr. Squarey to Mr. Gardner.
TAVISTOCK HOTEL, COVENT GARDEN,
SIR Referring to an application which I made on behalf of the United States Government, under the instructions of their consul at Liverpool, to the collector of customs at Liverpool on Monday last, for the detention, under the provisions of the act 59 George III, cap. 69, of a steam gun-boat built by Messrs. Laird & Co., at Birkenhead, and which there is no doubt is intended for the Confederate States, to be used as a vessel of war against the United States Government, I beg now to inclose two affidavits which reached me this morning from Liverpool; one made by Robert John Taylor, and the other by Edward Roberts, and which furnish additional proof of the character of the vessel in question.
I also inclose a case which has been submitted to Mr. Collier, Q. C., with his opinion thereon. I learnt this morning from Mr. O'Dowd that instructions were forwarded yesterday to the collector at Liverpool not to exercise the powers of the act in this instance, it being considered that the facts disclosed in the affidavits made before him were not sufficient to justify the collector in seizing the vessel. On behalf of the Government of the United States I now respectfully request that this matter, which I need not point out to you involves consequences of the gravest possible description, may be considered by the board of customs on the further evidence now adduced. The gun. boat now lies in the Birkenhead docks, ready for sea in all respects, with a crew of fifty men on board; she may sail at any time, and I trust that the urgency of the case will excuse the course I have adopted of sending these papers direct to the board instead of transmitting them through the collector at Liverpool, and the request which I now venture to make that the matter may receive immediate attention.
I have, &c., (Signed)
The two additional depositions wore as follows:
A. T. SQUAREY.
I, Edward Roberts, of No. 6 Vere Street, Toxteth Park, in the county of Lancaster, ship-carpenter, make oath and say as follows:
1. I am a ship-carpenter, and have been at sea for about four years in that capacity. 2. About the beginning of June last I had been out of employ for about two months, and hearing that there was a vessel in Messrs. Laird & Co.'s yard fitting out to run the blockade, I applied to Mr. Barnett, shipping-master, to get me shipped on board the said vessel.
3. On Thursday, the 19th day of June last, I went to the said Mr. Barnett's office, No. 11 Hanover street, Liverpool, in the county of Lancaster, and was engaged for the said vessel as carpenter's mate. By the direction of the said Mr. Barnett I met Captain Butcher the same day on the George's landing-stage, and followed him to Messrs. Laird & Co.'s ship-building yard, and on board a vessel lying there. The said Captain Butcher spoke to the boatswain about me, and I received my orders from the said boatswain. At dinner-time the said day, as I left the yard, the gate-man asked me if I was going to work on that gun-boat;" to which I replied, "Yes."
4. The said vessel is now lying in the Birkenhead float, and is known by the name No. 290. The said vessel has coal and stores on board. The said vessel is pierced for guns. I think four on a side, and a swivel gun. The said vessel is fitted with shot and canister racks, and has a magazine. There are about fifty men, all told, now on board the said vessel. It is generally understood on board of the said vessel that she is going to Nassau for the southern government.
5. I know Captain Bullock by sight, and have seen him on board of the said vessel five or six times; I have seen him go round the said vessel with Captain Butcher. I understood, both at Messrs. Laird & Co.'s yard and also on board the said vessel, that the said Captain Bullock was the owner of the said vessel.
6. I have been working on board the said vessel from the 19th day of June last up to the present time, with wages at the rate of £6 per month, payable weekly. I have signed no articles of agreement. The talk on board is that an agreement will be signed before sailing.
Sworn at Liverpool, in the county of Lancaster, this 22d day of July, 1862, before me
I, Robert John Taylor, of Mobile, but at present remaining temporarily at Liverpool, mariner, make oath and say as follows:
1. I am a native of London, and 41 years of age. From fourteen years upward I have followed the sea. During the last fifteen years I have been living in the Con federate States of America, *principally at Savannah and Mobile, and since the secession movement I have been engaged in running the blockade. I have run the blockade six times and been captured once.
2. The vessels in which I have been engaged in running the blockade have sailed from Mobile, and have gone to Havana and New Orleans. I am weil acquainted with the whole of the coast of the Confederate States, as I have been principally engaged since 1847 in trading to and from the Gulf ports.
3. I came to England after my release from Fort Warren, on the 29th of May ast. I came here with the intention of going to the Southern States, as I could not get there from Boston.
4. Mr. Rickarby, of Liverpool, a brother of the owner, at Mobile, of the vessel in which I was captured when attempting to run the blockade, gave me instructions to go to Captain Butcher at Laird's yard, Birkenhead. I had previously called on Mr. Rickarby, and told him that I wanted to go South, as the Northerners had robbed me of my clothes when I was captured, and I wanted to have satisfaction.
5. I first saw Captain Butcher at one of Mr. Laird's offices last Thursday fortnight, (namely, the 3d of July last.) I told him that I had been sent by Mr. Rickarby, and asked him if he were the captain of the vessel which was lying in the dock. I told him that I was one of the men that had been captured in one of Mr. Rickarby's vessels, and that I wanted to get South in order to have retaliation of the Northerners for robbing me of my clothes. He said that if I went with him in his vessel I should very shortly have that opportunity.
6. Captain Butcher asked me at the interview if I was well acquainted with the Gulf ports, and I told him I was. I asked him what port he was going to, and he replied that he could not tell me then, but that there would be an agreement made before we left for sea. I inquired as to the rate of wages, and I was to get £4 108. per month, payable weekly.
7. I then inquired if I might consider myself engaged, and he replied, yes, and tha I might go on board the next day, which I accordingly did; and I have been working on board up to last Saturday night.
8. I was at the siege of Acre in 1840, in Her Majesty's frigate Pique, Captain Edward Boxer, and served on board for nine months. Captain Butcher's ship is pierced for eight broadside guns and four swivels or long-toms. Her magazine is complete, and she is fitted up in all respects as a man-of-war, without her ammunition. She is now chock-full of coals, and has, in addition to those in the hold, some thirty tons on deck.
9. One day, whilst engaged in heaving up some of the machinery, we were.singing a song, as seamen generally do, when the boatswain told us to stop that, as the ship was not a merchant-ship but a man-of-war.
ROBERT JOHN TAYLOR. Sworn at Liverpool, in the county of Lancaster, this 22d day of July, 1862, before (Signed)
* W. J. LAMPORT, Justice of the Peace for Liverpool.
The case and opinion which, together with the additional depositions, were mentioned and inclosed in Mr. Squarey's letter, were as folows:1
Case submitted to Mr. Collier, Q. C., and his opinion thereon.
You will receive, herewith, copies of the following affidavits in reference to a gunboat known as No. 290, which was built by Messrs. Laird & Co. at Birkenhead, as it is believed, for the Confederate States of America, and which is now lying ready for sea in all respects in the Birkenhead docks: No. 1. Affirmation of T. H. Dudley; No. 2. Affidavit of J. de Costa; No. 3. Affidavit of Mr. Maguire; No. 4. Affidavit of H. Wilding and M. Maguire; No. 5. Affidavit of A. S. Clare; No. 6. Affidavit of William Passmore; No. 7. Affidavit of Edward Roberts; No. 8. Affidavit of Robert John Taylor. An application has been made, on the affidavits Nos. 1 to 6 inclusive, to the collector of customs at Liverpool, to detain the vessel under the provisions of the act 59 Geo. III, cap. 69; but, under the advice of the solicitors to the customs, the board have declined to sanction the detention of the vessel.
1 1 Appendix, vol. i, p. 196.
You are requested to advise the consul for the United States at Liverpool whether the affidavits now submitted to you would disclose facts which would justify the collector of customs in detaining the vessel under the act in question.
JULY 23, 1862.
I have perused the above affidavits, and I am of opinion that the collector of customs would be justified in detaining the vessel. Indeed, I should think it his duty to detain her; and that if, after the application which has been made to him, supported by the evidence which has been laid before me, he allows the vessel to leave Liverpool, he will incur a heavy responsibility, a responsibility of which the board of customs, under whose directions he appears to be acting, must take their share.
It appears difficult to make out a stronger case of infringement of the foreign-enlistment act, which, if not enforced on this occasion, is little better than a dead letter. It well deserves consideration whether, if the vessel be allowed to escape, the Federal Government would not have serious grounds of remonstrance.
TEMPLE, July 23, 1862.
R. P. COLLIER.
 *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:1
I have read the additional evidence, and I do not think that it materially strengthens the case of the applicants. As regards the opinion of Mr. Collier, I cannot concur in his views; but, adverting to the high character which he bears in his profession, I submit that the board might act judiciously in recommending the lords of the treasury to take the opinion of the law officers of the Crown.
(Signed) JULY 23, 1862.
Mr. Squarey's letter, with the additional depositions and the case and opinion, were on the same 23d July sent by the board of customs to the treasury with a suggestion that the opinion of the law 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. Layard, after communicating with Earl Russell, sent them at once, by his (Earl Russell's) instructions, to the law-officers of the Crown, with the following letter: 1
Mr. Layard to the law-officers of the Crown.
FOREIGN OFFICE, July 23, 1862. GENTLEMEN: With reference to my letter of this morning, sending to you papers respecting the vessel stated to be preparing for sea at Birkenhead for the service of the government of the so-styled Confederate States of North America, I am directed by Earl Russell to transmit to you a further letter from the commissioners of customs, inclosing additional papers respecting this vessel; and I am to request that you will take these papers into your consideration, and favor Lord Russell at your earliest convenience with your opinion as to the steps which ought to be taken by Her Majesty's government in the matter.
I am, &c.,
A. H. LAYARD.
Copies of the papers sent by Mr. Squarey were on the 26th July received by Earl Russell from Mr. Adams, together with the following letter:1
Mr. Adams to Earl Russell.
LEGATION OF THE UNITED STATES,
MY LORD: In order that I may complete the evidence in the case of the vessel now fitting out at Liverpool, I have the honor to submit to your lordship's consideration the copies of two more depositions taken respecting that subject.
'Appendix, vol. i, p. 197.