appearing upon the articles. The men were not liable to do anything except what they had agreed to do by the articles, and from the statements of the men whom I saw, it did not appear that they knew when they shipped that it was expected or intended that they should serve on board a man-of-war or privateer. As regards the liability of the British registered owner to make good to the owners of the American vessel destroyed the loss sustained by them, I conceive it must depend upon the question whether those in command of the vessel at the time can be considered to have been the agents of the British owner. If they were such agents, and there was any evidence to show that the destruction of the American ship could be considered as an act within the scope of their authority, I have no doubt that the owners would be liable; but it appears to me that the circumstances to which I have previously referred go very far to rebut the presumption that such agency existed, and to prove in destroying the American vessel the officers and crew were acting not for the British owner, but for the government of the so-called Confederate States. In such case I do not think that any liability could be established against the British owner, for it is now well established that the mere fact of being on the register of the ship does not itself involve liability for the acts or engagements of the master and crew, and that such liability is, in fact, a question depending upon express or implied agency in every case. Although, therefore, I do not see how a British owner is to be made liable, there is, in my opinion, a case which justifies the American Government in bringing the matter before the notice of the British government, and requiring explanations from that gov ernment of the circumstances under which a British vessel is found to be engaged in the destruction of vessels belonging to American citizens. I remain, &c., A. T. SQUAREY. No. 31. Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, London, December 7, 1863. (Received December 7.) Enlistment at Liv Georgia. MY LORD: I have the honor to submit to your consideration a copy of a letter from Mr. Dudley, consul of the United States at Liverpool, covering a number of depositions, all going to erpool of seamen for establish, in the clearest manner, the existence of a regular office in the port of Liverpool for the enlistment and payment of British subjects, for the purpose of carrying on war against the Government and people of the United States. The persons concerned in these illegal transactions appear to be themselves all British subjects, knowingly engaged in violating the neutrality of their country, and, so far as it may be in their power, laboring to involve it in a war with a friendly nation with which it is at peace. It is now some time since I first had the honor to call your lordship's attention to the fact of the systematic manner in which the insurgents in the United States have conducted the plan to violate, in her own kingdom, the neutrality proclaimed by Her Majesty at an early period in this contest. Every day that has since passed has only contributed more thoroughly to expose the various forms in which it is carried forward. I trust that the extraordinary character of these proceedings, as well as the hazardous consequences to the future peace of all nations, of permitting them to gain any authority under the international law, will not fail to fix the attention of Her Majesty's government. I pray, &c., H. Ex. 282- -44 CHARLES FRANCIS ADAMS. [429] [Inclosure 1 in No. 31.] Mr. Dudley to Mr. Adams. UNITED STATES CONSULATE, SIR: You will doubtless recollect that the pirate steamer Georgia, now at Cherbourg, was built upon the Clyde, sailed from Greenock, Scotland, under the English flag, and with an English crew, about the 3d of April last. At the time of her sailing she was called the Japan, afterward the Virginia, now the Georgia. Her crew was partly shipped in Liverpool and partly at Greenock. She sailed toward Brest, off which port she received her armament from the British steamer Alar, from New Haven, and at once entered upon her cruise. The vessel was fitted out and the crew shipped by Jones & Co., No. 28 Chapel street, Liverpool. I have in my possession one of the original notes given to one of the crew by this firm at the time he was shipped. The signature "Jones & Co.," to the note, I am told, was written by Thomas Hyatt, one of the firm. I am informed the firm consists of Thomas Bold, John Jones, and Thomas Hyatt, all Englishmen. At the time the vessel sailed she was owned by Thomas Bold, one of the members of this firm, as will appear by her register at the customs in Liverpool. He continued the owner up to 23d of June, 1863, at which time he parted with the vessel to a foreigner, as appears by a certified copy of said register, furnished me by the collector; John Jones, another member of the firm, went out to the Japan or Georgia, in the Channel, on the steamer Alar, at the time she carried out the armament, and superintended the shipping of the armament from the Alar to the Georgia, and aided in re-enlisting the crew for the cruise; promised the men who had wives should have half-pay of the wages earned by their husbands on the vessel. Francis Glassbrook and John Stanley, two of the crew, sent their bounty-money, amounting to £80, to their wives, and Benjamin Conolly, another of the crew, sent all or a part of his to his father by Mr. Jones. All this money so sent was afterward paid by Jones & Co., at their, office, in Liverpool, to the parties to whom it had been sent. This firm have paid, and still continue to pay, the wives of the men on board this vessel the one-half of the wages earned by their husbands. The payments are made once a month. I inclose you copies of the affidavits of John Stanley, Francis Glassbrook, and Benjamin Conolly, three of the crew from this vessel, now in Liverpool, establishing the facts relative to their shipment, &c.; and copies of the affidavits of Mrs. Stanley and Mrs. Glassbrook, showing the payment of the half-pay by this firm to them during the cruise of the vessel, the last payment of which was made so late as Saturday, the 21st of November last; also a copy of Daniel Conolly's affidavit, proving the payment to him by Jones & Co. of the money sent by his son. I have also to inform you that I am told the firm of Jones & Co. are now engaged in procuring and shipping men from Liverpool for this same vessel, the Georgia. On the 21st of November, last Saturday week, Glassbrook and Conolly called at Jones & Co.'s office; they were asked if they belonged to the steamer Florida; they answered no, that they belonged to the Georgia. The man then told them he had news for them, and wanted them to go back to the ship. He told them they would pay their passage back, and requested them to be at the Havre boat on the next Monday morning. They both went to the Havre boat on the morning of the 23d of November last, were met by a man from Jones and Co.'s office, who paid them each £3, taking receipt for the same, to return and serve on said vessel the Georgia, now at Cherbourg, The affidavits of Conolly and Glassbrook, above referred to, prove these facts. You will also find a copy of Eliza Conolly's affidavit, corroborating the same. I am, &c., [Inclosure 2 in No. 31.] THOMAS H. DUDLEY, United States Consul. £2 108. Agreement made at Liverpool this 28th day of March, 1863. Ten days after the ship Japan sails from the river Clyde, the undersigned do hereby promise and agree to pay to any person who shall advance £2 10s. to Edward [430] Davies, on this agreement, the sum of £2 108., provided the said Edward Davies shall sail in the said ship from the said river Clyde. (Signed) Payable at 28 Chapel street. On the back: (Signed) JONES & CO. EDWARD DAVIES. I, John Stanley, of No. 26 Court, in Ovid street, Vauxhall Road, Liverpool, in the county of Lancaster, cooper, make oath and say as follows: On the 27th of March last I saw Mr. Barnett, a shipping agent, who informed me that he wanted several coopers to join the Japan, bound to Singapore, and he requested me to try and find one or two coopers to go with me, and to take them to Jones's office, 28 Chapel street. I went to several of my friends, but they all declined going. I then went to Mr. Jones's office, and saw a tall gentleman with a black mustache, and informed him, as directed by Mr. Barnett, that I could not get any one else to go with me, and I agreed to go myself. The gentleman then took down my name, and I afterward went back to the Sailors' Home, and Mr. Barnett introduced me to Captain Hitchcock, who told me that he wanted some coopers for his vessel, the Japan, going to China. I then asked him what wages he would give me, when he said £4. I told him that I could not go for these wages, and said that the ordinary wages of coopers was £6 108. Captain Hitchcock then said to me that it was not wages alone that I should get; that I should get something else which would make up for the voyage. He at length agreed to give me £4 108., which I accepted, and I then signed articles for two years. Atter signing articles I received a ticket, which I took to Jones's office, and I then received an advance note for £4 108. I went to a great many places the same day, trying to get the note cashed, but no one would cash it for me. I went to Mr. Jones's office, and took my wife with me, and saw the same gentleman, and told him that no one would cash it for me, and unless he cashed it I would not go in the ship. He then paid me £2 on account, and said he would pay my wife the difference when I got to sea. He then told me to bring my clothes down to his office, which I did, and he then told me to be at the Greenock steamer the following Monday night, the 29th March, at 5 o'clock. I did attend at the Greenock steamer, as ordered, and there saw the same gentleman and Captain Hitchcock, who were superintending the shipping of our clothes. Each man's clothes had a number on it, and the gentleman from Jones's office called out our numbers as we went on board the steamer. We left Liverpool that night, and arrived at Greenock on the 21st. We were then taken on board of a tng-boat, which took us to the Japan. About the 3d of April, we left Greenock, as was reported, on a trial-trip. After we had been out a few days we fell in with a small steamer, which we towed to Brest, where we came to an anchor in the harbor. The small steamer then came alongside of us, and we took in a large number of cases of arms and ammunition. Myself, the carpenter, and the joiner opened the cases, and I saw that they contained arms and ammunition. Mr. Jones superintended the shipping of the cases, he having come on board the Japan from the small steamer. A fresh captain then came on board the Japan from the small steamer, dressed in a gray uniform, and called us all aft, and said that his vessel was a going to sail under another name and flag; that her name was the Georgia, and we were a-going to cruise under the confederate flag; that he would pay the seamen £4 108. a month and £10 bounty. He said he would pay me £5 a month. Mr. Jones was standing close to him at this time. One of the men asked him if we should get prize-money, when the captain said that if the Alabama's crew received it we should.. Mr. Jones then said, "Of course we should get prize-money." Those who had agreed to join were then taken into the cabin, Mr. Jones, Mr. Chapman, the first lieutenant, and Captain Maury being present, when we signed articles to serve for three years or during the war, and we were each paid £10 on signing the articles. I then told Captain Maury that I was married, and would require half-pay, when Mr. Jones called me to him, and said that I should have it, and I gave him the address of my wife. I then gave my £10 bounty-money to Mr. Jones, who said he would send for my wife when he got home and pay it to her, and make arrangements with her for the half-pay. We left Brest about the 9th of April, and about the 25th we met the Dictator, which we burned. We then went to the Western Islands, where we found an Americau man-of-war lying at anchor. We then ran out again and went to Bahia, where we landed the Dictator's crew. Several of her crew agreed to join us. We also took in coals there from the bark Castor, but we were stopped by the authorities, and got the remainder of our coals from shore. We met the Alabama at Bahia, and several men who had been prisoners on board her joined us. We then went on our cruise, and soon afterward fell in with the George Griswold, which was ransomed. We afterward met with the bark Good Hope, which we burned. On the same day we fell in with the J. W. Sever, from Boston, which was ransomed. We put the Good Hope's crew on board of her. We then went to the island of Trinidad to coal. We waited there some time for the Castor, when we sighted a ship. We then got up steam and ran after her, and she proved to be the Constitution, laden with coal. We loaded our vessel with coal from her and took all her small-arms out, and then burned her. We fell in with the City of Bath the same day, which we boarded, and her captain gave a bond. We put the Cou [431] stitution's crew on board of her, except five, who joined us. We soon afterward fell in with the Prince of Wales, which was ransomed. We then went to Simon's Bay, Cape of Good Hope, where we got the decks calked. We staid at Simon's Bay about a fortnight, and on the first night after leaving there we met the John Wart, which was ransomed. We then steered northward, and about the 8th or 9th of October we fell in with the Bold Hunter, which we burned. We put her crew ashore at Teneriffe, where we coaled, and then proceeded to Cherbourg, in France. While we were lying at Cherbourg I got twenty-four hours' leave of absence. The paymaster gave me £1 as liberty-money. I went ashore, and having got some drink I came back to the yard where the Georgia was lying, when I changed my mind and went back again into the town, where I met the carpenter, who gave me some money to pay my fare to Havre, and I then came to Liverpool in the Havre steamer. On the Sunday before I left Cherbourg the captain of the Georgia called us aft, and said he was sorry to hear that some of us were dissatisfied with the ship, but that he had two fighting-ships coming over, and we might join either of them, and that we should have as much fighting as we liked. The captain said this to the crew on two occasions. On the 26th of November, instant, I called at Mr. Jones's office with my wife, and saw the same gentleman, and asked for Mr. Jones. He asked me what I wanted with him, and whether I was one of the men belonging to the ship. I told him I belonged to the Georgia, and he asked me whether I was going to join the ship again. I told him that I was, and asked him for something on account of my wages. He told me that he could not pay it to me then, but requested me to call the following morning. I then asked him whether he could not give me something then, when he said, "No; you must call tomorrow." He then asked me whether I had seen any of the men belonging to the ship in the town, and I told him that I had, and he desired me to look them up and bring them with me to his office to-morrow. (Signed) JOHN STANLEY, his + mark. Sworn at Liverpool, in the county of Lancaster, this 26th day of November, 1863, the affidavit having, in my presence, been previously read over to the deponent, who appeared perfectly to understand the same, and made his mark thereto in my presence. (Signed) J. PEARSON, A Commissioner to administer Oaths in Chancery in England [Inclosure 4 in No. 31.] Deposition of Francis Glassbrook. I, Francis Glassbrook, of 53 Upper Hill street, Liverpool, in the county of Lancaster, able seamen, make oath and say as follows: On the 27th March last I heard some men were wanted for a steamer going to China, and I went to the Sailors' Home, Liverpool, and shipped in the screw-steamer Georgia, under the name of Francis Rivers, for a voyage to Singapore and back to the United Kingdom, not to exceed two years. After I signed articles, a tall gentleman, with a black mustache and an imperial, whose name I have been informed and believe is Robert Hyatt, told me to take my clothes to Mr. Jones's office, 28 Chapel street, which I did. I then received orders to call the following morning at his office, which I did; and the same gentleman told me to be at the Greenock steamer on the following Monday night at 5 o'clock. I went to the Greenock steamer as ordered, and there [432] saw * Captain Hitchcock and Mr. Jones, who was superintending the shipping of our clothes. We sailed for Greenock that night, and arrived there on the 21st; we were then taken on board of a tug-boat, which took us to the Japan, or Georgia. On the 3d of April we left Greenock, as was reported, on a trial-trip. During the time we were upon the supposed trial-trip we fell in with a small steamer, which came alongside of us, and we towed her to Brest, where we came to anchor. While we were lying at anchor at Brest the small steamer discharged a large number of cases containing arms and ammunition into the Japan, under the superintendence of Mr. Jones, who came aboard the Japan from the small steamer. I saw several of the cases opened, which contained arms. The captain of the Japan then put on his uniform, and several officers came on board from the small steamer. The captain then called all hands aft, and told us that his vessel was going to sail as a confederate cruiser, and told us that those who wished to join should have £4 108. a month, and £10 bounty. One of the men then asked him if we should have our share of the prize-money, when the captain told him if the crew of the Alabama received any prize-money we should get it. A great many of the men refused to go, but I and about thirty others agreed to join, and we were then taken into the cabin, and signed articles again to serve in the Japan, and were each paid £10 on signing, Mr. Jones being in the cabin at the time taking down the addresses of our wives. I signed articles the second time in my right name. We all signed for three years, or during the war. After I signed articles I asked Captain Maury whether he would give me half-pay, as I was married; when he took down the address of my wife, and said that he would leave instructions for my half-pay to be paid to her. Mr. Jones was still in the cabin when I asked Captain Maury about my half-pay. I inclosed my £10 bounty-money in a letter which I sent to my wife by Mr. Jones, and told her that she must call and see Mr. Jones, and inquire if he had received orders to pay her my half-pay; and my wife called at his office and received the money; and she has since called regularly every month at Mr. Jones's office, and he has paid her my half-pay. I also gave my advance-note to my wife, and it was cashed at Mr. Potter's, 8 James street. We left Brest on the 9th of April, and about the 25th we fell in with the Dictator, from Liverpool, bound to Hong-Kong; we ran close up to her and hove to, and sent a boat aboard of her; we then brought her crew on board the Japan, and burned her. We were flying the English ensign from leaving Brest, but when we got alongside the Dictator we hoisted the confederate flag. We then went to the Western Islands, where we found an American man-of-war at anchor, which had arrived before us; we then went to Bahia, where we landed the crew of the Dictator, except six, who had agreed to join the Japan; we there met the bark Castor, and took in coals from her; while we were taking in coals we were stopped by the authorities, and we had to get the remainder of our coals from shore; after we finished coaling, several men, who had been prisoners on board the Alabama, joined us, and we then went on our cruise. We fell in with the George Griswold, from Liverpool to Rio Janeiro, and sent a boat to her; we did not burn this vessel, her captain having given a bond; we then fell in with the bark Good Hope, from Boston to the Cape of Good Hope, which we burnt. On the same day we fell in with the J. W. Sever, from Boston, which was ransomed; we placed the crew of the Good Hope on board of her; we then proceeded to a desolate island called Trinadi, where we expected to meet the Castor; after lying there a week, the Castor not having made her appearance, we sighted a ship, which proved to be the Constitution, from New York, laden with coals; we filled our vessel with coals from her, and then burnt her. During the time we were taking in coals from the Constitution, we fell in with the City of Bath, which we boarded, and ransomed; several of the crew of the Constitution also joined the Japan, and we put the remainder on board of the City of Bath. We then cruised about, and in about a week we fell in with the Prince of Wales, which was also ransomed. We then went to Simon's Bay, Cape of Good Hope, where we got the decks calked, and coaled. After staying there about a fortnight, we left and steered toward England, and on the first night after leaving we fell in with the John Watt, which we learnt had been previously boarded by the Vanderbilt; we did not burn the John Watt, her captain having given a bond. We then steered northward, and on the 9th of October, we fell in with the Bold Hunter, which we burnt on the 10th; we put her crew ashore at Teneriffe. We coaled at Teneriffe, and then proceeded to Cherbourg, in France, where we remained about a week. I left the Japan at Cherbourg, having got leave of absence for a week. I got £10 from the purser as liberty-money. On the Saturday previous to my leaving Cherbourg for Liverpool, the captain of the Japan, Mr. Maury, called all hands aft and said: "Well, my men, I hear that a great many of you are dissatisfied with the vessel, and I am sorry [433] *to hear that some of you want to leave her; I do not wish to part with any of you, being such a good crew; I have stuck to my bargain with you, and I hope you will all stick to yours." One of the men then said to the captain that we did not wish to leave the service; we were all dissatisfied with the ship, and wanted to be on board a ship more able to fight. The captain then said that we should have two fightingships before long, and we should have as much fighting as we could do with. Several of the men then spoke about leaving for Liverpool, when the captain said he had no orders yet to grant leave to any of us, but that he was going to Paris that night to see his superior, and on his return he would give us further information. On his return from Paris he again called us aft, and said that he had got very good news from Paris; that he could give us leave for a short time, but that he could not part with any of us; but that if any of us could not agree among ourselves, we might join either of the two vessels which he had coming. On my return to Liverpool I went to Mr. Jones's office, in Chapel street, and asked him how I was to get back to the Japan; but he denied all knowledge of the vessel, and advised me to write to the captain. On the 21st day of November, instant, I again called at Mr. Jones's office in company with Benjamin Conolly, and saw the gentleman with a mustache. I asked for Mr. Jones, and the gentleman then asked me if I belonged to the Florida; I replied, no; I belonged to the Georgia; he then said that he had news for us, and wanted us to go back to the ship; I then asked him if he could give me my half-pay, when he said that my half-pay was waiting, in the office, for my wife, and that he would not pay it to any one but her; I then informed him that my wife was ill, and asked him if I got her to sign a receipt for the money whether he would pay it to me; when he said he would, and he directed the boy to make out a receipt for the half-pay; I took the receipt home to my wife, and |