[113] me 21st May, 1863, it is also stated that, after consultation with the law-officers of the Crown, it was determined that the Sumter was entitled to be considered as a commissioned man-of-war; I had, therefore, no alternative but to recognize the Florida, which came here as an armed ship, commanded by a commissioned officer of the Confederate States navy, and carrying a pendant, as a man-of-war, and in compliance with the instructions above quoted, to direct, as I did, that if she saluted the fort her salute should be returned gun for gun. 5. I purpose forwarding to Lord Lyons a copy of my dispatch to your grace as the best reply I can make to his lordship's inquiry, and trusting that the explanation I have given of my proceedings, and of the grounds on which they were taken, will be considered satisfactory by Her Majesty's government, I have, &c., H. ST. GEORGE ORD. No. 72. Florida at Brest. Mr. Hammond to Sir F. Rogers. FOREIGN OFFICE, September 28, 1863. SIR: I have laid before Earl Russell your letter of the 24th instant, and its inclosure, relative to the salute returned to the Flor Allowed to repair. ida when at Bermuda; and I am directed by his lordship to transmit to you herewith, to be laid before the Duke of Newcastle, copies of a correspondence which has passed on this subject with the War Office, by which his grace will perceive that Lord Russell concurs in the opinion expressed by Major General Sir H. Doyle in regard to this matter. I am, &c., E. HAMMOND. No. 73. No. 32.1 Consul Sir A. Perrier to Earl Russell. BREST, August 26, 1863. (Received August 29.) MY LORD: Yesterday I sent a telegram to the Foreign Office announeing the arrival of the confederate cruiser Florida, in the following terms: Confederate cruiser Florida arrived Sunday; released from quarantine yesterday evening. Met on 21st instant American ship Anglo-Saxon, going from Liverpool to New York. Florida took out crew and burned Anglo-Saxon, whose captain and crew landed here all safe. Her Liverpool pilot protested before me, and proceeds to Havre to-morrow, to be sent home by consul. I now have the honor to transmit to your lordship a copy of the pilot's protest, alluded to in that telegram, which gives an account of the cir cumstances attending the capture and destruction of the American ship Anglo-Saxon. The Florida came to Brest to have her engines put in order, nothing having been done to them since she was built in Eng. land. Her copper sheathing also requires to be partly renewed. The commander, Captain Maffit, called upon the vice-admiral, maritime prefet, who informed him that he was at liberty to repair, with the commercial resources of Brest, and to take in coals and provisions. The commercial resources at Brest are so very limited (there being 1 Nos. 67 and 68. neither private yards nor dry-docks) that it will be most difficult to repair this ship without aid from the dock-yard. I have, &c., ANTHY. PERRIER. [Inclosure in No. 73.] Protest of Evan Evans. BREST, August 25, 1863. By this public instrument of protest, be it known and made manifest unto all whom it doth or may concern, that on this day, Tuesday, the 25th day of August, 1863, before me, Sir Anthony Perrier, C. B., Her Britannic Majesty's consul for the [114] *departments of Finistère, Morbihan, and Côtes du Nord, voluntarily came and personally appeared Evan Evans, channel pilot, (having master's certificate,) and residing at Liverpool, who duly entered his protest with me, the said consul, against the commander of the confederate cruiser Florida, and against all others whom it doth or may concern; and, after having been sworn on the Holy Evangelists of Almighty God, the said Evan Evans did depose and declare as follows: I left Liverpool on Monday, the 17th day of the present month, on board of the American sailing-ship the Anglo-Saxon, of New York, Captain Caverley, of 868 tons burden, laden with coals, and bound from Liverpool to New York. I was engaged to pilot the ship to off Queenstown, Ireland, where I was to be landed. On the 21st instant, between 4 and 5 in the morning, being becalmed at about twenty-five miles south-southeast of Queenstown, a steamer hove in sight, and very soon after sent a boat with an officer to us. Being the first who spoke to him, I asked the officer what ship it was. He replied, "A confederate man-of-war." He made Captain Caverley go into his boat, took the Anglo-Saxon's papers, and went back to the steamer. In about half an hour the same boat and officer, along with another officer, returned and ordered all hands to get their clothes ready, as they must leave the ship. During nearly two hours the steamer's men were occupied in carrying away all the stores, spars, and provisions, which they took in their own boat and in one of our boats to the steamer. They then set fire to the Anglo-Saxon, and returned to the steamer on reaching which I was told that she was the confederate cruiser Florida, Captain Maffit. They fired several guns into the Anglo-Saxon, and made way to the Southward. Shortly after they spoke an English ship, (the Roger Roball, as well as I could hear,) bound to Quebec, and wanted to put their prisoners on board, but her captain refused to take them. Several vessels were seen, and it was evident to me that we were crossing the Channel, and steering for the coast of France. On Sunday morning, the 23d instaut, Ushant was in sight at between 8 and 9 o'clock. Signal was made for a pilot, but none came off. Steered for Brest Bay, where the Florida anchored off the town about noon. All the Anglo-Saxon's crew, except the captain and officers, had been kept in irons from the time of their capture until the ship was anchored in Brest Bay. The Florida was put in quarantine, from which she was released yesterday evening, when the Anglo-Saxon's crew, twenty-four in number, and myself, were landed and set adrift. I have no reason to complain of the treatment which I received on board of the Florida; but I solemnly protest, as a British subject, against the captors for having taken me off my ground, detained me on board of the Florida, and lauded me in a foreign country, instead of putting me on board of one of the many British ships bound up Channel which passed us, and one of which might have taken me to England. In testimony whereof, the said appearer has hereunto subscribed his name, and I, the said consul, have granted to the said Evan Evans, pilot, this public instrument under my hand and seal of office to serve and avail him, and all others whom it doth, shall, or may concern, as need and occasion may require. (Signed) EVAN EVANS. A true and faithful copy of the original document deposited at this office. (Signed) A. PERRIER, Consul. No. 74. Mr. Grey to Earl Russell. PARIS, September 11, 1863. (Received September 12.) MY LORD: A statement having appeared in the French papers that Florida at Brest. of war. the confederate steamer Florida had been seized at Brest Received as a ship on the claim of a ship-owner of Marseilles, M Menier, I inquired this morning at the marine department whether it was true. I was told, in reply, that an application for the seizure of the vessel had in fact been made to the minister of marine by several commercial houses at Marseilles on two grounds: First, that the Florida had compelled a French vessel to take some American prisoners on board, and alter her course; and, secondly, that she had destroyed some French merchandise on board an American ship. The minister of marine declined to entertain the application, and referred the claimants to the minister for foreign affairs, pointing [115] out to them that belligerent rights *having been accorded to the Confederate States, the Florida was entitled to be considered a man-of-war, and consequently could not be seized as was proposed; and further that, as the Government of the United States had not acceded to the third point of the Declaration of Paris, damages could not be obtained for the destruction of neutral goods on board an enemy's ves sel. The report of the seizure of the Florida is therefore premature. I have, &c., (Signed) W. G. GREY. No. 75. Seamen of Florida at Cardiff. To con sult law officers as to prosecuting. Mr. Hammond to Mr. Bruce. FOREIGN OFFICE, September 23, 1863. SIR: The attention of Secretary Sir George Grey may have been attracted by paragraphs which have recently appeared in the public papers to the effect that a large body of seamen, forming part of the crew of the confederate steamer Florida, now repairing at Brest, lately arrived from that port at Cardiff, from whence they have proceeded to Liverpool, where, as far as anything has appeared to the contrary, they now are. It is difficult to disconnect the appearance of these seamen at Liverpool with the suspicion which has been entertained that the iron-clad vessels building by Messrs. Laird are designed for the confederate service, and this circumstance affords additional reason for watching most closely all that takes place in regard to those vessels. The point to which Lord Russell would now wish more particularly to call Sir George Grey's attention is, whether these seamen, in so far as they may be subjects of Her Majesty, are not liable to be proceeded against for misdemeanor, either as having engaged in hostilities against a state in amity with Her Majesty, or as forming part of a body of persons enlisted in the service of a belligerent engaged in hostilities against such a state; and Lord Russell would submit, for Sir George Grey's consideration, whether the opinion of the law-officers of the Crown should not forthwith be taken on this point, with the view, if it should be in the affirmative, of determining as to the propriety of taking proceedings against any of the parties in regard to whom sufficient evidence can be obtained to bring them within the provisions of the law. I am, &c., (Signed) E. HAMMOND. No. 76. Mr. Bruce to Mr. Hammond. Seamen of Florida WHITEHALL, October 1, 1863. (Received October 1.) SIR: I have laid before Secretary Sir George Grey your letter of the 23d ultimo, on the subject of the seamen forming part of the crew of the confederate steamer Florida, now at Liver- at Liverpool. pool; and I am to transmit to you a copy of the opinion of the lawofficers of the Crown on a case submitted to them as to the liability of these seamen, in so far as they may be British subjects, to be proceeded against, and also as to the expediency of such a prosecution; and I am to request that, in laying the same before Earl Russell, you will inform his lordship that Sir George Grey has instructed the solicitor to the treasury to ascertain if the requisite evidence can be obtained for such a prosecution. I am, &c., H. A. BRUCE. [Inclosure in No. 76.] I am of opinion that, if evidence can be given of the service of any of these seamen (being British subjects) on board the Florida, while engaged in belligerent operations as a ship of war of the confederate States, they may be proceeded against for misdemeanor, under the earlier sections of the foreign-enlistment act, the prohibitions of which are not limited to acts done within the territorial jurisdiction of Her Majesty. With respect to the expediency of such a prosecution, my impression is that, if sufficient evidence can be obtained against any persons to whom a knowledge that they were violating the law may reasonably be imputed, it would be proper to prosecute [116] such persons in order to make it understood that such acts are not to be committed with impunity. But, with respect to so large a body of seamen, the prosecution of all would be manifestly inexpedient, even if practicable; and, as they appear to be no longer in the confederate service, the persons (if any) to be prosecuted should be taken from among the most intelligent of those who are reported to "seem anxious to be re-engaged in the service of the Confederate States." For the attorney general and myself, (Signed) LINCOLN'S INN, September 28, 1863. ROUNDELL PALMER. No. 77. Case submitted to the law-officers as to prosecution of the crew of the Florida. The following is a copy of a letter received this morning from the Home Office: Prosettes of crew. [Immediate.] WHITEHALL, October 10, 1×63. SIR: Referring to the opinion of the law-officers of the Crown, on the case which was submitted to them as to the prosecution of certain seamen forming part of the rew of the confederate steamer Florida, I am directed by Secretary Sir George Grey to transmit to you herewith the several letters which have been received from Messrs. Townsend & Jackson, of Birkenhead, and their inclosures, and to request that you will lay the same before the attorney and solicitor general, and move them to favor Sir George Grey with their opinion, whether the evidence set forth in the inclosed H. Ex. 282- -23 papers-if it can be obtained-will be sufficient to warrant the institution of proceedings against the seamen in question, or any of them. I am, &c., J. GREENWOOD, Esq., &c., &c., &c. H. A. BRUCE. The letters received from Messrs. Townsend & Jackson, of Birkenhead, and their inclosures, are as follows: BIRKENHEAD, October 6, 1863. DEAR SIR: We inclose a copy of the statement of William Thompson, who was on board the Florida from the 20th October, 1862, to the end of August last, also a list of the fifty-nine of her crew who came to Liverpool, with particulars of the capacities in which they served on board, of the dates of their joining the vessel, and, so far as Thompson knows, of the nations to which they severally belong. We did not think it advisable to press him to-day as to whether any of the crew were being kept here with a view of being put on board any other confederate vessels, as we had not acquainted him with our object in obtaining his evidence, and he began to show some uneasiness as to it. As we are doubtful of his coming into court as a willing witness we put his statement into the form of an affidavit, thinking that if he could be got to swear to the facts now he would be less reluctant to come forward hereafter; but though he assures us of the truth of this statement he declines to swear to it, apparently from some conscientious feeling. The John Clayton mentioned in the head-constable of Liverpool's report was not on board the Florida, as there stated; and the number of the crew should have been fiftynine, in lieu of ninety-five. We are, &c., (Signed) The SOLICITOR TO THE TREASURY. TOWNSEND & JACKSON. P. S.-Liverpool, 6 p. m.-Thompson has returned, and has consented to make the affidavit, which our Mr. Jackson has taken as a notary. * I, William Thompson, of the State of New York, in North America, make oath and say as follows: I am an American citizen; I have served on board an American ship of war before the present war. I was in Mobile in the State of Alabama when this war broke out, and I [117] shipped on board the Florida as a landsman, to escape the conscription, receiving a bounty of $50 in confederate notes. I shipped at a regular shipping-office at Mobile, expressly for the Florida, of which J. W. Maffit was captain, on the 16th October, and went on board on the 20th October, 1862. I remained on board until paid off at Brest. After lying at Mobile for three months we ran the blockade, slipping out on a dark night. The moon went down at about 10 p. m., and we then slipped down to the fort and anchored. About 10 a. m. we started again (burning coke) and passed close to some of the Federal ships. When the coke was all burned, we had to use soft coal, which made much smoke, and we were in consequence discovered, and the gun-boat Collier gave chase, following us up to 3 in the afternoon through a heavy head sea. We struck direct from Mobile for Havana, and when three days out burned the brig Estelle, laden with honey and molasses, taking the crew to Havana and landing them there. We stopped at Havana for forty-eight hours and then crept along the coast of Cuba, and within about five or six hours burned the brig Windward from Matamoras. On the same day we burned two more brigs, before we got to a light-house on the coast of Havana, one bound from Philadelphia and the other homeward to Portland. We sighted a steamer early the following morning, and struck then for Nassau for coals, throwing overboard those got from Havana. We stopped at Nassau for about twentyfour hours; twenty-nine men deserted there. We were out from Nassau about six or seven days, and burned the clipper-ship Jacob Bell, of New York. We went into Barbados for coal before meeting any other vessel, and four or five days after leaving Barbados we burned the Star of Peace. The next ship we fell in with was the bark Lapwing, which was captured, and the first lieutenant took command of her, and she was afterward made into a privateer, a field-piece from the Florida being put on board: and the next day we captured the M. J. Colquitt and burned her. We afterwards burned another bark and then went to meet the Lapwing, which we met about 12 o'clock on a Tuesday off Saint Paul's Rock. We took the lieutenant, men, and field-piece off her, and put a midshipman, a master, mate, and seven men on board. We filled up our bunkers with coals, with which she was laden; we then left her and went down the line and burned the Commonwealth, of New York. This was some time about May or June. The next ship was the Oneida, bound to New York with tea. We burned another ship on the line whose name I forget. We then made for Pernambuco and |