The Retribution.

The United States, with confidence, ask the Tribunal to find and certify as to this vessel, that Great Britain failed to fulfill the duties set forth in the three rules of Article VI of the Treaty, or recognized by the principles of International Law not inconsistent with such rules. They ask this, not only for the general reasons heretofore mentioned as to this class of vessels, but because, in the case of each of the captured vessels above named, the acts complained of were done within Her Majesty's jurisdiction.

The Georgia.

THE GEORGIA.

The Georgia was built for the insurgents at Dumbarton, below Clyde, on the Glasgow. She was launched on the 10th day of January, 1863, at which time, as has already been said, "a Miss North, daughter of a Captain North, of one of the Confederate States, officiated as priestess, and christened the craft Virginia." It was notorious that she was being constructed for this service.2 When finished she was a "screw-steamer of about five hundred tons register, clipper-built; figure-head, fiddle-bow; short thick funnel; with

1 Underwood to Seward, January 16, 1863, Vol. VI, page 503. 2 Extracts from London Daily News, February 12 and 17,1863, Vol. VI, page 503, et seq.

a number of compartments forward on both sides, The Georgia. from eight to ten feet square, and stronger than a jail, strong doors to them, with hinges about three inches thick, and brass padlocks accordingly, and a strong magazine forward in the bow." On Friday, the 27th of March, she left for Greenock. By this time she had parted with her name Virginia, and had the name Japan "written in small letters on her bow;" and it was pretended that her voyage was to be to China.

2

On the evening of Monday, the 30th of March, some seventy or eighty men who had been shipped at Liverpool for this vessel were sent to Greenock.1 The agreements with this crew were made by the house of Jones & Co., of Liverpool, who advanced money to them.3 The vessel was registered in the name of Thomas Bold, of Liverpool, a member of the house of Jones & Co., and a near connection of Maury, who afterward commanded her. It remained registered in his name until the 23d day of the following June. When the men arrived in the Clyde from Liverpool, the Japan was "lying in the river opposite Greenock," and they were taken on board in a tug. On the

'Dudley to Seward, Vol. II, page 665; Vol. VI, page 509.

The Georgia.

morning of the 2d of April they ran out toward the sea, but returned in the afternoon, and remained near the light-house down the Clyde, taking on board more men and provision from Greenock. They started again, and next morning they were off Castleton, Isle of Man.' Here they changed their course, and went into the Atlantic, through the northern passage, between Ireland and Scotland. On the 6th of April they reached the coast of France. Ushant light was the first place they sighted. Here they turned their steps toward St. Malo, proceeding under slow steam, and in the morning they sighted, off Morleaux,2 the steamer Alar, with arms, ammunition, and supplies for the Georgia, under charge of Jones, a partner in the Liverpool house of Jones & Co.3

It happened that these proceedings were afterward made the subject of judicial investigation before Sir Alexander Cockburn, Lord Chief Justice of England. Highatt and Jones, two of the members of the firm of Jones & Co., were indicted at Liverpool, for a violation of the Foreign Enlistment . Act of 1819, in causing these men to be enlisted to serve in a war against the United States. The case came on for trial at the Liverpool Assizes, in

1 Mahon's affidavit, Vol. II, page 672; Vol. VI, page 513.

2 Thompson's affidavit, Vol. II, page 671; Vol. VI, page 511. 3 Speech of Thomas Baring, Esq., M. P., Hansard, 3d series, Vol. 175, page 467.

*

* *

August, 1864. In his address to the jury, after
the evidence was in, the Lord Chief Justice
said: "There was no doubt that Matthews, Stanley,
and Glassbrook did enter themselves and enlist
on board the steamer, which was immediately
afterward employed as a war steamer in the Con-
federate service, for the purpose of waging war
against the Northern States of America; and there
seemed to be very little doubt that both the de-
fendants had to do with the men's leaving the
port of Liverpool, for the purpose of joining the
Japan, afterward called the Georgia.
Now came the question, whether the defendants
had procured the men to be engaged in war
against a country toward which this country
was bound to maintain a strict neutrality. No
doubt it was possible that the defendants might
have been under a delusion that the ship was
engaged for a voyage to China. It was for the
jury to say whether they believed that to have
been the case. If they believed the witnesses
Conolly and Glassbrook, the defendant Jones
could not have been of that opinion, because he
was on board the small steamer which was an im-
portant agent in the transaction; and when he found
out what the vessel really was, he manifested no
surprise or horror. It was true that the jury had
to rely on the evidence of men who had turned

The Georgia.

The Georgia.

traitors to the people they had sworn to serve, and who had since played the spy upon the persons who, as they alleged, had engaged them. But, on the other hand, there was no attempt to show them that, on the day when these men signed articles at Brest, Mr. Jones was not on board, and if he was on board it was difficult to suppose he could have got there with the innocent intention described by the defense. It seems strange that if they were acting as agents for Mr. Bold, they did not now call upon him to come into court, and state that they were innocently employed, and perfectly unconscious that the vessel was intended to go on a warlike expedition. Although sometimes it was an inconvenience and a hardship that a man, charged as the defendants were, could not be called to give his own evidence, sometimes it was a vast convenience to persons accused that they could not be called, because if they were, they would be constrained to admit, unless they committed perjury, that the truth was on the other side."

The Alar, with her cargo, had cleared at Newhaven for St. Malo. When the two vessels met, the Georgia took the Alar in tow, and they floated about on those waters during the whole day. At night they came to anchor, probably off the island

1 Vol. IV, page 567.