believing that she had gone to Nassau, and was there "engaged in completing her armament, provisioning, and crew," for the purpose of carrying on war against the United States. He continued, "I am now under the painful necessity of apprising your Lordship that a new and still more powerful war-steamer is nearly ready for departure from the port of Liverpool on the same errand." "The parties engaged in the enterprise are persons well known at Liverpool to be agents and officers of the insurgents of the United States." "This vessel has been built and launched from the dock-yard of persons, one of whom is now sitting as a member of the House of Commons, and is fitting out for the especial and manifest object of carrying on hostilities by sea." He closed by soliciting such action as might "tend either to stop the projected expedition, or to establish the fact that its purpose is not inimical to the people of the United States." Earl Russell replied that he had referred "this matter to the proper department of Her Majesty's Government," and on the 4th of July, 1862, he inclosed the customs report on the subject, in which it is stated that "the officers have at all The Florida arrived at Nassau April 28, and the Bahama with her armament a few days later. These facts were undoubtedly known to Lord Russell and to Mr. Adams when this letter was written. 2 Russell to Adams, Vol. III, page 6; Vol. VI, page 376. The Alabama, and her tender, the Tuscaloosa. The Alabama, times free access to the building yards of the and her tender, the Tuscaloosa. Messrs. Laird, at Birkenhead, where the vessel is lying, and that there has been no attempt, on the part of her builders, to disguise, what is most apparent, that she is intended for a ship of war." It was further said that "the description of her in the communication of the United States Consul is most correct, with the exception that her engines are not constructed on the oscillatory principle." "With reference to the statement of the United States Consul that the evidence he has in regard to this vessel being intended for the so-called Confederate Government in the Southern States is entirely satisfactory to his mind," it was said that "the proper course would be for the Consul to submit such evidence as he possesses to the collector at that port, who would thereupon take such measures as the Foreign Enlistment Act would require ;" and the report closed by saying "that the officers at Liverpool will keep a strict watch on the vessel." The point that the vessel was intended for a vessel of war being thus conceded, Mr. Adams thereupon, at once, relying upon the promise to keep watch of the vessel, instructed the Consul to comply with the directions indicated in the report of the Commissioners and furnish all the evidence in his 1 Vol. III, page 7; Vol. VI, page 379. possession to the Collector of Customs at Liver- The Alabama, pool.1 Mr. Dudley did so on the 9th of July, in a letter to the Collector of Liverpool, and the attention of.the Tribunal of Arbitration is called to the fact that every material allegation in that letter has been more than borne out by subsequent proof. The Collector replied that he was "respectfully of opinion that the statement made was not such as could be acted upon by the officers of the revenue unless legally substantiated by evidence." again, a few days latter, he said to Mr. Dudley, "The details given by you in regard to the said vessel are not sufficient, in a legal point of view, to justify me in taking upon myself the responsibility of the detention of this ship."* And Thus early in the history of this cruiser the point was taken by the British authorities-a point maintained throughout the struggle-that they would originate nothing themselves for the maintenance and performance of their international duties, and that they would listen to no representations from the officials of the United States which did not furnish technical evidence for a criminal. prosecution under the Foreign Enlistment Act. 1 Adams to Wilding, Vol. III, page 8; Vol. VI, page 381. 2 Dudley to Edwards, Vol. III, page 17; Vol. VI, page 383. 3 Edwards to Dudley, Vol. III, page 19; Vol. VI, page 385. 4 Vol. VI, page 389. and her tender, the Tuscaloosa. The Alabama, and her tender, The energetic Consul of the United States at the Tuscaloosa. Liverpool was not disheartened. copy of his letter to be laid before R. P. Collier, Mr. Collier advised that "the principal officer * * to to seize the vessel, with a view to her condem- It was useless to attempt to induce the collector 1 Vol. III, page 16; Vol. VI, page 388. 1 The Alabama, where the feeling and sentiment are against us, and her tender, would be a willing witness, especially if he resided the Tuscaloosa. there, and was any way dependent upon the people of that place for a livelihood". At last Mr. Dudley succeeded in finding the desired proof. On the 21st day of July, he laid it in the form of affidavits before the Collector at Liverpool in compliance with the intimations which Mr. Adams had received from Earl Russell.2 These affidavits were on the same day transmitted by the Collector to the Board of Customs at London, with a request for instructions by telegraph, as the ship appeared to be ready for sea and might leave any hour.3 Mr. Dudley then went to London, and on the 23d of July laid the affidavits before Mr. Collier for his opinion. Copies of the affidavits will be found in Vol. III, page 21 to 28, and Vol. VI, page 391, et seq. 4 It is not necessary to dwell upon the character of this proof, since it was conclusively soon passed upon by both Mr. Collier and by Her Majesty's Government. It is sufficient to say that it showed affirmatively that the 290 was a "fighting vessel;" that she was "going out to the Government of the Confederate States of America to Dudley to Seward, Vol. III, page 13. * Dudley to Seward, Vol. III, page 13; Vol. VI, page 390. 3 Collector to Commissioners, Vol. III, page 20; Vol. VI, page 395. 4 Vol. III, page 29; Vol. VI, page 398. |