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arming, and until the Sunday we left her outside Terceira Bay. About 1 o'clock on that day, I think about 24th August, the 290 fired a gun, hauled down the British flag, and hoisted the confederate flag at the peak, the St. George's Cross at the fore, and a pennant at the main. She was then just outside of the bay, steering to sea. Captain Bullock and Captain Butcher were still on board of her. We kept company with her until about 12 that night, when Captains Bullock and Butcher left her and came on board the Bahama, and came back with us to Liverpool. When I was engaged by Mr. Barnett he gave me a note payable six days after the Bahama sailed, at office in Water street. My brother received the money for the note. I never sigued any articles or agreement of any kind.

(Signed)

GEORGE KING.

Signed and declared before me, at the custom-house, Liverpool, this 27th day of September, 1862.

(Signed)

J. PRICE EDWARDS, Collector.

No. 41.

Earl Russell to Mr. Adams.

Mr. Adams in

Majesty's govern

go beyond the law,

FOREIGN OFFICE, October 4, 1862.

SIR: I have the honor to acknowledge the receipt of your letter of the 30th ultimo, inclosing a copy of another deposition formed that Her taken before the collector of the port of Liverpool with ment are unable to reference to the proceedings of the gun-boat 290, and furMunicipal and inter ther expressing a belief that enterprises of a similar kind are in course of progress in the ports of the United Kingdom; and I have to state to you that, much as Her Majesty's government desire to prevent such occurrences, they are unable to go beyond the law, municipal and international.

national.

I am, &c., (Signed)

RUSSELL.

No. 42.

Report of customs Commissioners warded to Mr. Adams.

Earl Russell to Mr. Adams.

FOREIGN OFFICE, October 9, 1862.

SIR: With reference to my letter to you of the 22d ultimo, I have the honor to inclose a copy of a letter which I have received from the board of treasury forwarding the copy of a report from Her Majesty's commissioners of customs relative to the supply of cannon and munitions of war to the gun-boat No. 290. I am, &c., (Signed)

RUSSELL.

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The commissiorers of customs to the lords commissioners of the treasury, September 25, 1869

[See inclosure in No. 39.]

No. 43.

Mr. Adams to Earl Russell.

LEGATION OF THE UNITED STATES,

London, October 9, 1862. (Received October 11.) MY LORD: I now have the honor to transmit to your lordship a copy of an intercepted letter which I have received from my Further representa Government, being the further evidence to which I made tou by Mr. Adams. allusion in my note to your lordship of the 30th September, as substantiating the allegations made of the infringement of the enlistment law by the insurgents of the United States in the ports of Great Britain.

I am well aware of the fact to which your lordship calls my attention in the note of the 4th instant, the reception of which I have the honor to acknowledge, that Her Majesty's government are unable to go beyond the law, municipal and international, in preventing enterprises of the kind referred to. But in the representations which I have had the honor lately to make, I beg to remind your lordship that I base them upon evidence which applies directly to infringements of the municipal law itself, and not to anything beyond it. The consequence of an omission to enforce its penalties is therefore necessarily that heretofore pointed out by eminent counsel, to wit, that "the law is little better than dead letter;" a result against which "the Government of the United States has serious ground of remonstrance."

I pray, &c.,
(Signed)

CHARLES FRANCIS ADAMS.

[Inclosure in No. 43. J

Mr. Mallory to Commander North, C. S. N.

NAVY DEPARTMENT,
Richmond, July 12, 1862.

Intercepted letter

federate secretary of the navy.

SIR: Your letter of the 29th March last reached me this morning. The department notified you on 11th January last that you would receive orders to command the second vessel then being built in England, of Mr. Mallory, con but for reasons satisfactory to the department you were subsequently assigned to the command of the first vessel, the Florida, (Oreto,) now at Nassau, and any just ground for the "surprise and astonishment" in at the department's action is not perceived.

this respect

A commission as commander for the war was sent you on the 5th May, and your failure to follow the Oreto, which left England about the 21st March, and to take command of her as was contemplated, and as you were apprised by Captain Bullock on the 26th March, is not understood, and has been productive of some embarrassment. Captain Bullock was nominated by the executive for his position in the navy under existing law, and was duly confirmed by the senate, and your protest to this department against the actin of these co-ordinate branches of your government is out of place.

Upon the receipt of this le. :er you will turn over to Lieutenant G. F. Sinclair the instructions which you have received, together with any public funds in your hands, and return to the Confederate States in such manner as your judgment may direct. Should you not be provided with funds for this purpose, Commander Bullock will, apon your application, supply them.

I am, &c.,
(Signed)

S. H. MALLORY,
Secretary of the Navy,

would be ready and lodged in England to pay for these vessels as it fell due. From what I know I am satisfied that the money was all duly paid as it fell due for these vessels. I saw a letter from Captain Bullock to Fraser, Trenholm & Co., (a firm in Liverpool hereinafter again referred to,) thanking them. Captain Bullock kept copies of his correspondence, and they are deposited in one of the banks in Savannah.

From the time of my coming to England until I sailed in the Alabama my principal business was in paying the officers of the confederate navy, who were over here attached to the Alabama, and sent over for that purpose. I used to pay them monthly, about the first of the month, at Fraser, Trenholm & Co.'s office in Liverpool, and I drew the money for that purpose from that firm.

Commander James D. Bullock, John Low, lieutenant, Eugene Maffit, midshipman, E. M. Anderson, midshipman, came over to England in the same vessel with myself. Captain Bullock came over to England, in the first instance, to contract for building the two vessels, the Oreto, now called the Florida, and the Alabama. He came to contract for and in behalf of the southern confederacy, with the understanding that he was to have the command of one of the vessels. I have heard him say so; and I have learned this also from the correspondence between him and Mr. Mallory, secretary of the confederate navy, as before mentioned, which passed through my hands.

At the commencement of my engagement with Captain Bullock I acted as his clerk. The contract for building the Alabama was made with Messrs. Laird, of Birkenhead, by Captain Bullock. I have seen it myself. I made a copy from the original. The copy was in the ship. It was signed by Captain Bullock, on the one part, and Messrs. Laird, on the other. I made the copy at instance of Captain Bullock from the original, which [219] he has. *The ship cost in United States money about $255,000; this included pro

visions, &c., enough for a voyage to the East Indies, which Messrs. Laird were by the contract to provide. The payments were all made before the vessel sailed to the best of my belief. Sinclair, Hamilton & Co., of London, had money. Fraser, Trenholm & Co., of Liverpool, had money. There was government money in both their hands over here, enough for the purpose of paying them. I was over to see the Alabama before she was launched from Messrs. Laird's yard, and was on board the vessel with Captain Bullock, and have met Captain Bullock and one of the Messrs. Laird at Fraser, Trenholm & Co.'s office. Captain Bullock superintended the building of the Alabama and Oreto; also while he was here Captain Matthew J. Butcher was the captain who took her to sea. He is an Englishman, and represented himself as belonging to the royal naval reserve. At the time the Alabama was being built by Messrs. Laird, and when I saw them at different times at their yard in Birkenhead and at Fraser, Trenholm & Co.'s office, I have not the slightest doubt that they perfectly well knew that such steamer was being built for the southern confederacy, and that she was to be used in war against the Government of the United States. When the vessel sailed from Liverpool she had her shot-racks fitted in the usual places; she had sockets in her decks, and the pins fitted which held fast frames on carriages for the pivot-guns, and breaching-bolts. These had been placed in by the builders of the vessel, Messrs. Laird & Co. She was also full of provisions and stores, enough for four months' cruise. When shesailed she had beds, bedding, cooking utensils, and mess utensils for 100 men, and powder-tanks fitted in.

We sailed from Liverpool on the 29th day of July, 1862. This was some three or four days sooner than we expected to sail. The reason for our sailing at Departure of Ala. this time before we contemplated was on account of information which bama from Liverpool. we had received, that proceedings were being commenced to stop the vessel from sailing. Captain Bullock sent Lieutenant Low to me on Sunday evening the 27th of July, to say that I must be at Fraser, Trenholm & Co.'s office early next morning. The next morning I arrived at half-past 9 o'clock. Captain Butcher came in and told me the ship which at that time was called the 290, also Eurica, would sail the next day, and he wanted me to go with him. In a few minutes Captain Bullock came in and told me he wanted me to go to sea at a minute's notice, that they were going to send her right out. I placed my things on the vessel on that evening. There were about seventy or eighty men in the vessel at this time under Captain Butcher, who had been in command of the vessel for more than a month before she sailed.

I went on the vessel on the morning of the 29th July, for the purpose of sailing. We started out of the river Mersey at about half-past 10 o'clock. Captain Butcher commanded; Mr. Low acted as first mate; George T. Fullam as second mate; and David Herbert Llewellyn as assistant surgeon.

Captain Bullock, Lieutenants North and Sinclair, were on board, also the two Messrs. Laird, Mr. A. E. Byrne, and five or six ladies, (including two Miss Lairds,) and some other gentlemen whom I do not know. When we sailed it was not our intention to return, but it was with the intention of going to sea, and so understood by us all. The ladies and passengers were taken on board as a blind.

After we got on board, one of the Messrs. Laird who built the vessel came to me and gave me £312 in English gold. Captain Bullock came and asked me if Mr. Laird had given me the money; that he had some to give me which I must put in the safe.

I

told him I had not received it, and went to Mr. Laird and got it. Mr. Laird counted it out for me, and I gave him a receipt for, the amount. Mr. Laird gave me a number of bills and receipts at the same time for things he had been purchasing for the vessel— beds, blankets, tin-ware, knives, forks, for the ship; all of which he (Mr. Laird) had purchased from various parties on account of the ship. My understanding was that the money given me was the balance of the money left, after making these purchases. The bills and receipts which Mr. Laird gave me on this occasion, on account of the purchases he had made, were left on the ship, and were handed over by me to Francis L. Galt, who has succeeded me as paymaster on the ship.

fra Bay.

There was a tug-boat in attendance when we left Liverpool on the 29th of July, in which the ladies and all the passengers left. We ran down immediately for Moelfra Bay, and lay there all that night, all the next day and next Proceedings in Moelnight, until 3 o'clock on Friday morning. I copied a letter of instructions from Captain Bullock to Captain Butcher, in which Captain Butcher was directed to proceed to Porto Praya in Terceira, one of the Azores, where it was intended that we should go to receive the armament. I knew, and all the officers knew, before we went on board that this vessel had been built for the purpose, and was to go out with the intention of cruising and making war against the Government and people of the United States.

This, as I verily believe, was well known by the Messrs. Laird, who built her [220] and helped to fit her out, and by Fraser, Trenholm & Co., *and by A. E. Byrne, of Liverpool, who also assisted in fitting her out, and by Captain Butcher and the other officers who sailed in her.

The next day after we left, the tug-boat Hercules came to us from Liverpool about 3 o'clock. She brought to us Captain Bullock and S. G. Porter, (who for a time superintended the fitting the vessel,) and some two or three men. The men signed articles that night. They had signed articles before at various times while in Liverpool, but they all came up again and renewed the articles. The advance notes had been given them in Liverpool by Captain Butcher, and made payable at Cunard, Wilson & Co. The original articles are now in Fraser, Trenholm & Co.'s office, but in possession of Captain Bullock, who transacts all his business and keeps all his papers at Fraser, Trenholm & Co. I do not know the name of the man who acted as shipping-master at Liverpool. Captain Bullock wrote a letter of instructions to me before we left Liverpool directing me to circulate freely among the men, and induce them to go on the Vessel after we got to Terceira. I accordingly did circulate among the men on our way out, and persuaded them to join the vessel after we should get to Terceira. Low did the same.

We sailed from Moelfra Bay at 3 o'clock on Friday morning. We went out through the Irish Channel. Captain Bullock left us at the Giant's Causeway. We were some ten or eleven days going out to Terceira. We were in quarantine three days at Porto Praya. There was no transfer of the vessel or anything of the kind there. The bark Agrippina, from London, arrived there with a part of the armament and all the ammunition, all the clothing and coals. She was commanded by Alexander McQueen. The first day after the arrival of the bark she was getting ready for discharging. This bark is owned by the confederate government, but is nominally held by Sinclair, Hamilton & Co., of London, and sails under the British flag. This firm are connected with the confederate government.

Equipment at Ter

ce.ra.

Early the following day the bark Agrippina hauled alongside, and we commenced to take the guns on board. Two or three days after this the Bahama arrived with the officers. This steamer was in command of Captain Tessier. She also sailed under the British flag. The Bahama came in, and Captain Butcher went on board, and received orders to sail to Angra. The Bahama took the bark in tow, and we all went round to Angra. After we got there we were ordered away by the authorities. There was also correspondence took place between Captain Butcher and the British consul at that place, but I never heard what it was. We went out and continued discharging and taking in all that day, and at night we and the bark ran into the bay, the Bahama keeping outside. By this time we had got all the guns, ammunition, and cargo from the steamer and bark. During all this time the three vessels were sailing under the British flag. We finished coaling on Sunday, the 24th day of August, about 1 o'clock. We received from the bark Agrippina four broadside guns, each 32-pounders, and two pivot-guns, one 6-pounder solid-shot gun, and one 100-pounder rifled gun; 100 barrels of gunpowder, a number of Enfield rifles, two cases of pistols and cartridges for the same. All the clothing for the men was also received from the Agrippina, and the fuses, primers, signals, rockets, shot, shell, and other munitions of war needed by the ship; also a quantity of coal. We received from the Bahama two 32-pounder broadside guns, a bale of blue flannel for sailors' wear, and a fire-proof chest with $50,000 in English sovereigns, and $50,000 in bank bills.

Captain Butcher or Mr. Low, the first mate, told me that Mr. M. G. Klingender had been directed to purchase in Liverpool, where Mr. Klingender resides and does business as a merchant, such supplies of tobacco and liquor as were required for the ship's use.

I made out the advance notes for the men at Liverpool on the 28th of July, 1862, while she was lying in the Birkenhead docks, which advance notes were made payable by Cunard, Wilson & Co., at Liverpool; the half-pay notes which I made out in Moelfra Bay on board the No. 290 were made payable at Liverpool by the aforesaid Mr. G. Klingender. After we arrived at Angra, and had armed the ship, and were leaving that port to enter upon the cruise, we were still under the British flag. Captain Semmes then had all the men called aft on the quarter-deck. The British flag was hauled down and the confederate one raised. He then and there made a speech; read his commission to them as a commander in the confederate navy; told them the objects of the vessel, and what she was about to do; mentioned to them their proportion of prize-money would be out of each $100,000 worth of property captured and destroyed; said he had on board $100,000; and asked them to go with him, at the same time appealing to them as British sailors to aid him in defending the side of the weak.

I had two sets of articles prepared; one for men shipping for a limited time, the other for those willing to go during the war. The articles were then re-signed, while the vessel was in Portuguese waters, but under the confederate flag. This was on Sunday, the 24th August, 1862. At the same time Captain Semmes announced [221] that the ship *would be called the Confederate States vessel Alabama. The

guns which were brought out to the No. 290 in the Agrippina and the Bahama were made and furnished by Fawcett, Preston & Co., of Liverpool. The ammunition and entire armament of the vessel, as well as all the outfit, were purchased in England.

Supposed nationality of the crew.

The list hereunto annexed, marked A, contains a list of the names of all the officers on the Alabama when I left, except myself, and of all the men whom I can now remember. My belief is that we had eighty-four shipped men, inclusive of the firemen and coal-trimmers when we left Angra. All the men but three signed the articles for the period of the war. The half-pay notes were then drawn in favor of and given to the men. These half-pay notes entitled their families or friends to draw half of their pay on the 1st of every month. They were all payable by Fraser, Trenholm & Co., with whom the money for the purpose of meeting them was lodged. The first set of notes (payable at Cunard, Wilson & Co.'s) were in the form of the British marine service; the second set (payable at Fraser, Trenholm & Co.'s) were in the form used by the United States and confederate navy. Several of the men refused to sign, and returned in the Bahama to Liverpool. Captain Butcher and Captain Bullock also returned in the Bahama. We then entered upon our cruise.

Out of the eighty-four men I believe there were not more than ten or twelve Americans. There was one Spaniard, and all the rest were Englishmen. More than one-half of the Englishmen belonged to the royal navy reserve, as they informed me, and as was generally understood by all on board. Four, at least, of the officers were English, that is to say, John Low, fourth lieutenant; David Herbert Llewellyn, assistant surgeon; George T. Fullam, master's mate; and Henry Allcott, the sail-maker. I never remember at any time seeing any custom-house officer aboard this vessel. Iremained aboard the vessel as paymaster from the time I joined her, as before stated, until the 25th day of January, 1863, at which time she was lying at Port Royal, Jamaica. During the whole time that I was on board her she was cruising and making war against the Government and people of the United States. I cannot recollect the names of all the vessels which she captured, but I know that the number which were captured and destroyed up to the time I left her was at least twenty-three, and, as I believe, was more. Of these twenty-three four were released upon giving ransom-bonds payable to the confederate government; such four were the ship Emily Farnham, of New York, bound to Liverpool; the Tonawanda, of Philadelphia, bound for Liverpool; the brig Baron de Custine, bound for the West Indies; and the mail steamship Ariel, on the Californian line. All the rest were burned or destroyed.

touched at, Royal, Martinique.

The first port we went into after leaving the Western Islands was Port Royal, Martinique, where we went to provision and coal. The bark Agrippina The first port was lying with coals for us, being the same vessel as took out the armament. We do not provision or coal there, but we went out, and afterward met the Agrippina at the island of Blanco, belonging to Venezuela. We only took coal in there. We then proceeded to the Arkas Keys, near Yucatan Banks, Coaling at Arkas Where we lay about ten days; where we painted the ship and re-coaled from the Agrippina, and gave the men a run on shore.

Keys.

We then steered for Galveston, where we destroyed the United States gun-boat Hatteras, which was the last vessel we destroyed before I left her.

As soon as we got the prisoners from the Hatteras on board we started straight for Jamaica, (Port Royal.) There we provisioned, coaled, and repaired ship. All the twenty-three ships which we had burned or destroyed had been so burned or destroyed in the interval between our leaving the Western Islands and stearing for Port Royal. I heard of no objection from the authorities in

Arrival in Jamaica.

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