burned a bark of Baltimore, and afterward, in June, captured a brig bound from Rio to Baltimore with coffee and hides, and put Lieutenant Reed, twenty-one men, and one field-piece on board. We then went to Fernanda Rona and lay there five days, waiting for the Alabama, and landed about forty-nine or fifty prisoners; the Alabama did not come there during our stay. We afterward put into Pernambuco for coals, where we shipped some extra hands. We lay there five days, and thence went to an uninhabited island, called Rocas Island, on the coast of Brazil, where we lay about two weeks, waiting for the bark Lapwing; she did not come there, and we went to Serra, a Brazilian port, to coal. Four days out of Serra we burned the Crown Point. The next ship we burnt was the Southern Star, then the Red Gauntlet, the next was Hawkseye; this was coming up toward New York. We afterward captured a schooner and put all the prisoners on board and ransomed her. The next was a ship outward from New York; we ransomed her; this was about August. The next day we sighted an English brig, and while overhauling her the Federal war-steamer Ericsson came up with us and we fired into her, but a fog came on and she got out of my sight. We sighted her again about three miles ahead and gave chase, but she escaped us. We then sighted an American brig and burned her; about two hours after we fell in with a whaling schooner, the crew of which had left in her boats on seeing the burning brig. We afterward ransomed an American passenger-ship, ten days out from Liverpool. We struck out then for the Irish Channel and landed Dr. Garett and Mr. Everett, the first lieutenant, and Mr. Hunter, master mate, about seven miles off the Cove of Cork. We then went to Tuskar, and cruised for two days round Tuskar light. We then left, and about twenty-four hours afterward burned the Anglo-Saxon. We then took the crew and pilot of the Anglo-Saxon into Brest, and there I left the Florida. There may have been more vessels burned and ransomed while I was on board. We were all shipped "for the war unless sooner discharged ;" and I, and I believe all the rest of the crew, signed articles to that effect. Strict discipline was maintained on board similar to what is maintained on board a man-of-war, except as to uniform; the discipline was occasionally not so strict, for at times the officers got drunk. All men who joined from other ships joined voluntarily; no compulsion was used. The Florida is a steamer of about 700 tons, and must have been built for war purposes. She was armed with six broad side-guns and two pivots, all rifled, and two field-pieces. She could carry no cargo. [118] * We had forty Enfield rifles and about eighty ten-shooters, also cutlasses and boarding-pikes. The crew was regularly drilled at the guns mostly every day; each gun had its regular crew. The paper now produced to me, and marked A, is a list of the crew of the Florida, who came to Liverpool from Brest, and to the best of my knowledge and belief the particulars contained in it are correct. The persons mentioned in it all served on board the Florida during the time I served in her. She was named the Oreto when I sigued the articles. me. (Signed) WILLIAM THOMPSON. Sworn at Liverpool, in the county of Lancaster, this 6th day of October, 1863, before (Signed) Discharge. WILLIAM JACKSON, This is to certify that No. 49, William Thompson, a coal-heaver, has this day been discharged from the Confederate States steamer Florida and from the naval service. Dated this 2d of September, 1862. (Signed) Approved. (Signed) And due August 31, 1863, $129.70, (£27 08. 5d.) JOHN R. DAVIS, Paymaster. J. W. MAFFIT, Commander. Received at Liverpool, this 29th day of September, 1863, the within-mentioned sum of £27 08. 5d., being the balance of wages due to me. (Signed) Witnesses: (Signed) J. W. CARR. WILLIAM THOMPSON. WILLIAM STONE. more of the men then joined the Florida, and two days after she left. Mr. Everett, the first lieutenant, engaged us. We signed no articles. Mr. Everett told me that my wages would be $22 a month and $50 bounty, which would be paid at the first southern port we came to. I shipped as an able seaman. I was one of the crew of the maintopmast. We then went on a cruise looking out for American ships. On the second day after leaving Fernanda Rona, we fell in with the Crown Point, a large American ship, bound to New York. We captured her and burned her, and took her crew on board. Several of them joined us. About a week after this we fell in with the Sunrise packet-ship. We ransomed her and let her go. A day after this we fell in with the Ericsson Federal gun-boat. We gave her a broadside, and she ran off. We chased her, but she outsailed us and got away. The same night we fell in with a small whaling schooner. We took out the crew and burned her. We afterward found another schooner, which had been abandoned just before we burned her. Several days after this, we came up with the Red Gauntlet, a large ship of New York. We captured her and put a prize crew on board, and put her crew in irons in our ship. We kept her alongside fourteen days, and were taking coals out of her, when we fell in with the Hawkseye, of New York. We took eighty-one bars of silver out of her. We then burned her. About four days after, we burned the Red Gauntlet. Some time after this we fell in with an American ship, the name of which I forget; she had 361 passengers. We ransomed her, and let her go. We cruised about for a long time, and at last got into the English Channel, and cruised there for three days; and then put the first lieutenant, the doctor, and a midshipman, on shore at Holyhead, by a fishing-boat. The evening before, a fishing-smack had been got alongside, for the purpose of landing these gentlemen at Cork; but for some reason or other that was given up, and that smack sent away; and the next morning another smack took them and landed them near Holyhead. While we were in the Channel, about five miles off Lundy Island, we took and burned the Anglo-Saxon, an American ship, outwardbound for New York. The pilot had not left her. We took the crew and pilot on board. We then went to Brest, where we had money given to us to bring us to Liverpool, where we were paid off. The Florida was built and fitted up altogether as a vessel of war. She could not have carried cargo. She had six broadside 68-pounders, and two pivots, fore and aft, 120-pounders; there was a crew of thirteen to each broadside-gun, and twenty-two to each pivot-gun, I was first hand-spikeman to No. 2 broadside-gun, [121] We had 270 or 280 10-barreled revolvers, several chests of cutlasses, a great num man. ber of common and rifled muskets, boarding-spikes, and other arms. I have had the list of the crew read over to me. I remember them all, except John Gillespie. I believe the following to be either English or Irish: John Curran, I believe, is an Irishman; the Irish always kept together a good deal, and the others used to remark upon it, and joke them for it. Curran used to keep with the other Irishmen; and I have heard remarks made upon this habit of theirs, as Irishmen, in his presence. He never said he was not an Irishman; I never heard him say distinctly that he was. Patrick Cassadine, I believe, is an Irishman. I was good friends with him, and he told me his father and mother and sister lived near Limerick; and on Thursday, the 8th instant, he went by an Irish steamer to Limerick to go to see them, as he said. I saw him on board. Hugh Conway, I believe to be an Irishman. I have heard him say, when he and the other Irish were chatting in the berth-deck, "Come, we are all Irish together, let us have a song." William Davis is, I believe, an Irishman; but I have no particular reason for saying so. Thomas Duggan is an Irishman, I believe; he always kept with the other Irish, and would sing songs about Ireland. Henry Culligan is an IrishI have heard him talk of going over to Dublin; he always kept company with the other Irish. James Fagan is an Irishman, and is now living with the other Irish in Liverpool. Thomas Doris in an Irishman. I have often heard him talk of Ireland as his country; he had been in a confederate gun-boat before he joined the Florida. John Taylor I always thought was an Englishman; he used to tell me a good deal about England, and especially about London. I thought he belonged to London. John McNevin, I believe, is an Irishman: he talked about Ireland and Dublin. I have heard him say that when the war was over he would go home to Ireland to spend his prize-money. William McCabe is an Irishman. I have heard him talk of going home to Ireland; he was to have gone with another Irishman named McGarrock. McGar rock went to Dublin by steam about a week ago, but McCabe would not go. I have often heard him and McGarrock talk of Ireland as their country. James Weeks is an Irishman. I have heard him talking Irish to the other Iristimen. I think James Burns is an Englishman; he shipped at the same time with myself. When asked by the quartermaster where he had been, he said he had served on board an English man-ofHe used to talk about Liverpool, and London, and other English towns, and never kept company with the Irish. Francis Rivers is an Irishman; I have heard him say so at Brest, when in a quarrel with some others of the crew. Think Charles A. Grover is an Englishman; he sailed from Liverpool a little time since in an English ship; I do not know on what voyage. Thomas King I believe to be an Irishman; he kept with the Irish, and I have heard him talk about the Irish farmers, and other war. things about Ireland, as if he had spent a good deal of his life there. I do not know whether he is now in England; I have not seen him for some time. Peter Morris, I think, is Irish; he always kept with the Irish, and now lodges with them in Liverpool. Peter Welsh is an Irishman; I have heard him say so often; he lodges in the same house with me; he belongs to Dublin. I have been told by several of the men that they have had their names put down by a Mr. Jones, to serve again in the confederate service, and that they must hold themselves in readiness for a week or two. Nearly all those now in Liverpool have, I believe, entered their names. I have not done so, as I do not wish to enter the confederate service again. The paper writing marked A, now produced to me, is the list of the crew of the Florida, before referred to in this affidavit. (Signed) LUIS MÜLLER. Sworn at Liverpool, in the county of Lancaster, this 10th day of October, 1863, before me, William Jackson, of Liverpool, notary public, duly admitted and sworn in faith and testimony, whereof I have hereunto set my hand and affixed my notarial seal of office, on the day and year last aforesaid. (Signed) WILLIAM JACKSON, [123] *Further papers as to the crew of the Florida. The following is a copy of a letter received this morning from the Home Office : [Pressing.] WHITEHALL, October 15, 1863. SIR: I am directed by Secretary Sir George Grey to transmit to you, with reference to my letters of the 10th and 12th instant, the inclosed letter from Messrs. Townsend and Jackson, inclosing a further affidavit of William Thomson, as to the nationality of such of the late crew of the Florida as are said to be British subjects; and I am to request that you will lay the same before the attorney and solicitor general for their consideration, in connection with the case which you have submitted to them, in pursuance of my letters above referred to. I am, &c., J. GREENWOOD, Esq., sc., Sc., &c. H. A. BRUCE. The letter of Messrs. Townsend & Jackson is as follows: BIRKENKEAD, October 14, 1863. DEAR SIR: We inclose a further affidavit by William Thomson, in which he speaks more accurately than in his former one as to the nationality of such of the late crew of the Florida as are British subjects, and states the grounds of his belief, We have heard of a man named Littiam, a deserter from the confederate steamer Alabama, who, we are informed, can depose to the fact that two iron-clad rams here, and the chances of their having got to Charleston, were continual and general topics of conversation; and that he was told by the third lieutenant of the Alabama, as a fact, that two iron-clad rams were being built on the Mersey, and one on the Clyde, for the confederate government. We have not considered it necessary to examine him, as his evidence is so remote, but mention it to you to admit of your dealing with him as you think fit. We apprehend that Lattiani is a British subject. We understand that several of the crew of the Florida have left Liverpool since we commenced taking evidence. We are, &c., (Signed) J. GREENWOOD, Esq., &c., &c., &c. The affidavit referred to is as follows: TOWNSEND & JACKSON. I, William Thompson, of the State of New York, some time serving as fireman on board the confederate steamer Florida, make oath and say as follows: With respect to the crew of the said steamer Florida, I say that Patrick Considine has told me that he is an Irishman, and since we arrived in Liverpool that he was going in the Cork steamer to see his friends. I understood from him that he had emigrated a few years ago. I believe that John Curran was an Irishman, from his accent and habits: but I cannot remember that I have heard him admit it. Patrick Burns has told me that he was born in Ireland, and lived for some time in Buffalo, in the State of New York, before he went South. I have heard Hugh Conway say that he was born in Dublin, and that he has lived a long time in East Troy, in the State of New York, where his mother kept a grocer's store. I have had letters from Dublin sent to me to give him relating to the address of his brother in Ireland, as I know from his having told me that he was wanting his brother's address, and after he had received the letters, that he had got to know. William Davis has told me that he was born in Dublin; that he went thence to Liverpool, and afterward emigrated to America. He was in the South when the war broke out, and enlisted and served for twelve months in the Eighth Alabama confederate regiment of infantry, and I saw him, during the term of his service, in the uniform of that regiment, in which he was quartermaster sergent. Matthew Croel has told me that he was born in Liverpool, and that he was of Irish descent. Edward Quinn I believe to be an Irishman from his accent, which is decidedly Irish. [124] He was always spoken of on board as an Irishman; his father, mother, and brother live in Liverpool. I have seen his father here. Christopher Ivers has told me that he is an Irishman, and I have heard him speak of Dublin as his home. Thomas Duggan has told me that he is an Irishman; when on board the ship, and when cruising off Tuskar light-house, he told me that he was not far from home. John Donnally, when on board the ship lying in Brest, told me that he was born in Ireland. Bernard Good has told me that he was born in Ireland, and was a citizen of the States, and that he had voted as such. Henry Culligan has spoken of Ireland, as his home in my hearing, and said that he has lived in Liverpool with his wife, and took her to New Orleans, where she died. John Gillespie has told me that he was born in Scotland, and belonged to Glasgow. I have often heard James Fagan talk of Liverpool as his home. Thomas Doris has told me that he was born in 1reland, and that he has lived twentyone years in the States, and voted for Breckenridge at the last Presidential election. John McNevin has told me that he was born in Ireland. I have heard Gillick, the master-at-arms, speak of Ireland as his home. He appeared very much prejudiced in favor of the Irishmen on board. William McCabe has told me that he was born in Ireland, and when the Florida was cruising off Tuskar light-house he told me that he could almost see his father's house. John McGarrock has told me that he was born in Ireland, and since we returned to Liverpool I started with him to see him off to Ireland in one of the Galway steamers, as he said, to see his friends; but I did not see him on board. James Weeks has told me that he was born in England, and I have heard him say so to others. James Burns and John Collins have an Irish accent, and always sided with the Irish in any dispute; but I do not remember having heard them say that they were Irish. I have heard both Dennis Sullivan and James Main speak of being Irish; their accent is Irish, and they always sided with the Irish. James Hardie has told me that he was born in Scotland, and I have heard him talk of Scotland as his home, and of going there to see his friends. John Harrington has told me that he was born in England, and I have heard him say so to others. I have heard Patrick Hardigan, Peter Morris, and Michael Curly all say that they were born in Irelaud, and speak of Ireland as their home. Peter Welsh has told me that he was born in Cork. The abovenamed persons all served on board the said steamer Florida during the time I served on board of her as aforesaid. (Signed) WILLIAM THOMPSON. Sworn at Liverpool, in the county of Lancaster, this 14th day of October, 1863, before me, William Jackson, of Liverpool aforesaid, notary public, duly admitted and sworn. In faith and testimony whereof I have hereunto set my hand and affixed my notarial seal of office at Liverpool, on the day and year last aforesaid, (Signed) WILLIAM JACKSON, The list of the crew mentioned in Müller's affiavit is sent herewith. The former case submitted to the law officers is also sent herewith. The attorney and solicitor general are requested to advise Sir George Grey upon the questions asked in Mr. Bruce's letters. Opinion of the attorney and solicitor general. We do not think that sufficient evidence has yet been obtained to warrant the institution of proceedings against any of these seamen. If it were shown that their enlistment on board the Florida had taken place in England, or within British jurisdiction, they might perhaps have been presumed to be natural-born British subjects, owing obedience at that time to British law; so far, at all events, as to make slight evidence, in confirmation of that presumption, sufficient. Next it appears, by the fourth column of the list annexed to Thompson's first affidavit, that, with two exceptions only, all these men took service on board the Florida beyond the limits of British jurisdiction, and by far the greater number of them at Mobile, within the territory of the Confederate States. With respect to the two, Dennis Sullivan and Charles Ballinger, who are alleged, the one to have enlisted at Nassan and the other to have been shipped at the first, (which we suppose means when the ship first sailed from England,) no evidence whatever has yet been obtained in support of either of these allegations. In the former report of the law-officers upon this subject, it was noticed that [125] the first section of the foreign enlistment act, which prohibits the enlistment of British subjects in the belligerent service of any foreign power, is not limited as the seventh section as to equipping vessels is) to acts done within British jurisdiction; but that it seems to be intended to apply, and is in its literal terms applicable, to all natural-born British subjects who may enter into the service of any foreign belligerent power without Her Majesty's license, wheresoever the prohibited act may be done. Assuming this to be the construction and effect of the statute, we apprehend that it would be impossible to procure a conviction under it, in the case of persons who were not resident within British jurisdiction at the time of their taking foreign service, |