2. 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[93] 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 tous 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. (Signed) ROBERT JOHN TAYLOR. Sworn at Liverpool, in the county of Lancaster, this 22d day of July, 1862, before me. (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. Opinion. 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. (Signed) TEMPLE, July 23, 1862. [94] 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: 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 subunit 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. J. O'DOWD. 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., (Signed) 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: 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. In the view which I have taken of this extraordinary proceeding as a violation of the enlistment act, I am happy to find myself sustained by the opinion of an eminent lawyer of Great Britain, a copy of which I do myself the honor likewise to transmit. Renewing, &c., CHARLES FRANCIS ADAMS. On the 25th July a further deposition was received by the board of customs from Mr. Squarey, referred to the assistant solicitor of customs, and transmitted to the treasury; from whence on Saturday, the 26th of July, it was sent to the Foreign Office, and was on the same day referred to the law-officers of the Crown, with a request that they would take it into consideration together with the other papers then before them relating to the same subject. This further deposition was as follows: ' Affidavit of Henry Redden. I, Henry Redden, of Hook street, Liverpool, in the county of Lancaster, seaman, make oath and say as follows: 1. I am a seaman, and have followed the sea for fifteen years. I have been boatswain on board both steamers and sailing-vessels, and belong to the naval reserve. 2. About six weeks ago I was engaged by Captain Butcher (with whom I have previously sailed) as boatswain on board a vessel then in Messrs. Laird & Co.'s shipbuilding yard, but now lying in the Birkenhead float, and known by the name No. 290. The said Captain Butcher offered me £10 per month, and said an agreement should be signed when we got outside. He told me that we should have plenty of money when we got home, as we were going to the Southern States on a speculation to try and get some. [95] 3. The crew now on board the said vessel consists of about forty men, but I believe that she will take to sea about one hundred men, all told. It is generally understood on board that she will clear for Nassau, but not make that port. The said vessel has all her stores and coals on board ready for sea. She is fitted in all respects as a man-of-war, to carry six broadside-guns and four pivots, but has no guns or ammunition on board as yet. The rules on board are similar to those in use on a manof-war, and the men are not allowed to sing as they do on a merchantman. The call is used on board. The said vessel is of about 1,100 tons burden. 4. I know Captain Bullock. He has been superintending the building of the said vessel in Messrs. Laird & Co.'s yard, and is, I believe, to take charge of the vessel when we get outside. It is generally understood on board the said vessel that she belongs to the coufederate government. (Signed) Sworn this 24th day of July, 1862, before me. (Signed) HENRY REDDEN. JOHN STEWART, A Justice of the Peace for the County of Lancaster. On this deposition the assistant solicitor of customs had, on the 25th July, reported as follows:1 I submit a reference to my former reports, to the opinions expressed in which I feel still bound to adhere. So far from giving additional force to the application, the affidavit of Henry Redden appears to me to weaken it, as, after the lapse of several days since the date of the former affidavits, the applicants are confessedly unable to make out a better justification for detaining the vessel. It is, no doubt, difficult to procure satisfactory evidence in such a case; but, in the absence of at least a clear prima facie case, there cannot exist those grounds for detaining the vessel which the foreign enlistment act contemplates. (Signed) CUSTOMS, July 25, 1862. J. O'DOWD. From the above statement it will have been seen that the additional papers sent Mr. Squarey on the 23d were on the same day referred by the board of customs to their official adviser and reported on by him, and were also on the same day transmitted by the board, through the treasury, to the foreign office and thence referred to the law-officers of the Crown. 1 Appendix, vol. i, p. 198. It will have been seen, also, that the further deposition received on the 25th was on that day reported on by the official adviser of the board of customs, and was on the following day referred to the law-officers of the Crown. On Tuesday, the 29th July, the law-officers of the Crown reported as follows on the papers which had been successively referred to them:1 The law-officers of the Crown to Earl Russell. TEMPLE, July 29, 1862. MY LORD: We are honored with your lordship's commands signified in Mr. Layard's letter of the 23d July instant, stating that, with reference to our report of the 30th ultimo, he was directed by your lordship to transmit to us the accompanying papers, which had 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 so-called confederate States, and to request that we would take the same into our consideration, and favor your lordship at our earliest convenience with our opinion thereupon. The former papers on this subject were inclosed for reference if required. We are also honored with your lordship's commands signified in Mr. Layard's letter of the 23d July instant, stating that, with reference to his letter of that date, sending to us 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, he was directed by your lordship to transmit to us a further letter from the commissioners of customs, inclosing additional papers respecting this vessel, and to request that we would take these papers into our consideration, and favor your lordship at our earliest convenience with our opinion as to the steps which ought to be taken by Her Majesty's government in the matter. We are further honored with your lordship's commands signified in Mr. Layard's letter of the 26th July instant, stating that he was directed by your lordship to transmit to us the accompanying letter from the board of treasury, dated July 26, which your lordship had received that morning, containing further information respecting the vessel stated to be fitting out at Liverpool for the service of the so-styled Confederate States, and to request that we would take the same into our consideration, together with the other papers on the same subject, which were then before us. [96] *In obedience to your lordship's commands we have taken these papers into consideration, and have the honor to report That, in our opinion, the evidence of the witnesses who have made_depositions, (we allude particularly to William Passmore, Edward Roberts, Robert John Taylor, and Henry Redden,) coupled with the character and structure of the vessel, makes it reasonably clear that such vessel is intended for warlike use, against citizens of the United States, and in the interest of the (so-called) Confederate States. It is not, and cannot be, denied that the vessel is constructed and adapted as a vessel of war, being pierced for guns, the sockets for the bolts for which, Passmore states, are already laid down, and having a magazine, and shot and canister racks on the deck, and a certain number of canisters being actually on board. It is also stated in the report of the commissioners of customs of July 1, that Messrs. Laird, the builders, do not deny that the vessel has been built for some "foreign government," although they maintain apparently a strict reserve as to her actual destination, and as to the "foreign government' in particular, for whose service she is intended. We do not overlook the facts that neither guns nor ammunition have as yet been shipped; that the cargo (though of the nature of naval stores in connection with war-steamers) may yet be classed as a mercantile cargo; and that the crew do not appear to have been, in terms and form at least, recruited or enrolled as a military crew. It is to be expected that great stress will be laid upon these circumstances by the owners and others who may oppose the condemnation of the vessel if seized by the officers of the customs; and an argument may be raised as to the proper construction of the words which occur in the 7th section of the foreign enlistment act, "Equip, furnish, fit out, or arm," which words, it may be suggested, point only to the rendering a vessel, whatever may be the character of its structure, presently fit to engage in hostilities. We think, however, that such a narrow construction ought not to be adopted, and, if allowed, would fritter away the act, and give impunity to open and flagrant violations of its provisions. We, therefore, recommend that, without loss of time, the vessel be seized by the proper authorities, after which an opportunity will be afforded to those interested, previous to condemnation, to alter the facts, if it may be, and to show an innocent destination of the ship. 'Appendix, vol. i, p. 200. In the absence of any such countervailing case, it appears to us that the vessel, cargo, and stores may be properly condemned. We have, &c., WM. ATHERTON. On the same 29th July the board of customs received from Mr. Dudley's solicitors a communication, dated the 28th, to the effect that they had every reason to believe that the vessel would sail on the 29th. And soon afterward the board received from the same firm a telegraphic message stating that she had come out of dock the night before (the 28th) and had left the port that morning, (the 29th.) On the 30th July the board of customs received from Mr. Dudley's solicitors the following letter, which was transmitted, through the treasury, to the Foreign Office:2 Messrs. Duncan, Squarey and Mackinnon to Mr. Gardner, 10 WATER STREET, LIVERPOOL, July 29, 1862. SIR: We telegraphed you this morning that the above-named vessel was leaving Liverpool; she came out of dock last night and steamed down the river between 10 and 11 a. m. We have reason to believe that she is gone to Queenstown. Yours, obediently, (Signed) DUNCAN, SQUAREY AND MACKINNON. On the 31st July orders were sent by the commissioners of customs to the collectors of customs at Liverpool and Cork, that the vessel should be seized if she should be within either of those ports. On the morning of the 1st August similar orders were sent to the collectors at Beaumaris and Holyhead.3 Instructions were likewise sent to the gov ernor of the Bahamas, that, if she should put in at Nassau, she should be detained.2 On the 30th July, the day after the departure of the vessel, Mr. Dudley wrote as follows to the collector of customs at Liverpool :* Mr. Dudley to Mr. Edwards. UNITED STATES CONSULATE, SIR: Referring to my previous communication to you on the subject of the gun-boat No. 290, fitted out by Messrs. Laird, of Birkenhead, I beg to inform you that she left the Birkenhead dock on Monday night; and yesterday morning left the river accompanied by the steam-tug Hercules. The Hercules returned last evening, and her master states that the gun-boat was cruising off Point Lynas; that she had six guns on board concealed below, and was taking powder from another vessel. The Hercules is now alongside the Woodside landing-stage, taking on board men, (forty or fifty,) beams, evidently for gun-carriages, and other things, to convey down to the gun-boat. A quantity of cutlasses were taken on board on Friday last. [97] *These circumstances all go to confirm the representations heretofore made to you about this vessel, in the face of which I cannot but regret she has been permitted to leave the port; and I report them to you that you may take such steps as you may deem necessary to prevent this flagrant violation of neutrality. Respectfully. THOMAS H. DUDLEY, Consul. The surveyor of customs, by direction of the collector, immediately went on board of the Hercules, and reported as follows:3 Appendix, vol. i, p. 200. * Ibid., p. 203. 4 * Ibid., p. 204. |