The means and opportunities possessed by Mr. Adams and [80 Mr. Dudley of ascertaining *the truth were fully as great as those possessed by Her Majesty's government. They were, indeed, greater; since Mr. Dudley was the United States consul on the spot, in constant communication with Americans of all classes, always on the watch for information, and provided with means of gaining it which could not have been employed by Her Majesty's government. The vessel sailed from Liverpool with a clearance for Palermo and Jamaica, unarmed, and with no warlike stores of any kind, under the command of a master belonging to the British mercantile marine, and manned by a crew who were not enlisted for the confederate service and had no thought or intention of engaging in it, and who afterward left the ship as soon as they conceived a suspicion that she might be employed in that service. Although no directions, nor any notice or warning, had or could have been sent to the authorities of Nassau before her arrival there, the vessel was, upon her arrival and while she remained there, strictly watched by order of the governor; a ship of war was placed near to her; she was finally seized by order of the governor; and proceedings were instituted against her in the proper court of the colony. On being released by the decree of the court, she sailed from Nassau unarmed, and with a clearance for New Brunswick. Before committing any hostilities against vessels of citizens of the United States, she sailed for and entered a port of the Confederate States, where she remained during more than four months and was put in condition for war, and enlisted a crew, and from whence she was finally sent out to cruise. She was commissioned as a ship of war of the Confederate States, and was commanded by an officer commissioned by the de facto government of those States. She was received on the footing of a public ship of war in the ports of neutral nations-Spain, France, and Brazil; and on the same footing, and in the same manner, without favor or partiality, she was received likewise in those ports of the British colonies which she had occasion to enter. The United States ships of war blockading the port of Mobile failed to capture the Florida when she entered it, under circumstances which made the capture so easy of accomplishment, that the officer to whose incapacity the failure was due was dismissed the service. They again failed to capture her when she left the port to commence her cruise. From that time, until her unlawful seizure in the port of Bahia, she was, for a year and nine months, engaged in cruising, sometimes near the coast of the United States. It does not appear, however, that during all that period she was ever encountered or chased by a United States ship of war. No serious endeavor, indeed, to intercept or capture her appears to have been made on the part of the Government of the United States. Her Britannic Majesty's government cannot admit that, in respect of the Florida, it is justly chargeable with any failure of international duty for which Great Britain owes reparation to the United States. [81] *PART VI. STATEMENT OF FACTS RELATIVE TO THE ALABAMA. On the 24th June, 1862, Earl Russell received from Mr. Adams the following note with an inclosure:1 Alabama. Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, MY LORD: Some time since it may be recollected by your lordship that I felt it my duty to make a representation touching the equipment from the port of PART VI-The Liverpool of the gun-boat Oreto with the intent to make war upon the United States. Notwithstanding the statements returned from the authorities of that place, with which your lordship favored me in reply, touching a different destination of that vessel, I have the strongest reason for believing that that vessel went directly to Nassau, and that she has been there engaged in completing her armament, provisioning, and crew for the object first indicated by me. 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 saine errand. 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. It is about to be commanded by one of the insurgent agents, the same who sailed in the Oreto. The parties engaged in the enterprise are persons well known at Liverpool to be agents and officers of the insurgents in the United States, the nature and extent of whose labors are well explained in the copy of an intercepted letter of one of them which I received from my Government some days ago, and which I had the honor to place in your lordship's hands on Thursday last. 1 now ask permission to transmit, for your consideration, a letter addressed to me by the consul of the United States at Liverpool, in confirmation of the statements here submitted, and to solicit such action as may 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. Renewing, &c., (Signed) CHARLES FRANCIS ADAMS. The "copy of an intercepted letter" referred to in the above note was a paper purporting to be a copy of a letter or report from a confederate officer of artillery, addressed to some person unknown, and relating to purchases of military supplies for the confederate army, and to vessels employed in blockade-running. The inclosure was as follows: Mr. Dudley to Mr. Adams. UNITED STATES CONSULATE, SIR: The gun-boat now being built by the Messrs. Laird & Co., at Birkenhead, opposite Liverpool, and which I mentioned to you in a previous dispatch, is intended for the so-called confederate government in the Southern States. The evidence I have is entirely conclusive to my mind. I do not think there is the least room for doubt about it. Beaufort and Caddy, two of the officers from the privateer Sumter, stated that this vessel was being built for the Confederate States. The foreman in Messrs. Lairds' 1Appendix, vol. i, p. 177. yard says she is the sister to the gun-boat Oreto, and has been built for the same parties and for the same purpose; when pressed for a further explanation he stated that she was to be a privateer for the "southern government of the United States." The captain and officers of the steamer Julia Usher, now at Liverpool, and which is loaded to run the blockade, state that this gun-boat is for the confederates, and is to be commanded by Captain Bullock. The strictest watch is kept over this vessel; no person except those immediately engaged upon her is admitted into the yard. On the occasion of the trial trip made last Thursday week, no one was admitted without a pass, and these passes were issued to but few persons, and those who are known here as active secessionists engaged in sending aid and relief to the rebels. I understand that her armament is to consist of eleven guns, and that she is to enter at once, as soon as she leaves this port, upon her business as a privateer. The vessel is very nearly completed; she has had her first trial trip. This trial was successful, and entirely satisfactory to the persons who are superintending her [2] construction. She will be finished *in nine or ten days. A part of her powder canisters, which are to number 200, and which are of a new patent, made of copper with screw tops, are on board the vessel; the others are to be delivered in a few days. No pains or expense have been spared in her construction. Her engines are on the oscillating principle, and are 350 horse-power. She measures 1,050 tons burden, and will draw 14 feet of water when loaded. Her screw or fan works in a solid brass frame casting, weighing near two tons, and is so constructed as to be lifted from the water by steam-power. The platforms and gun-carriages are now being constructed. When completed and armed she will be a most formidable and dangerous craft; and, if not prevented from going to sea, will do much mischief to our commerce. The persons engaged in her construction say that no better vessel of her class was ever built. I have, &c., (Signed) THOS. H. DUDLEY. The attention of Mr. Adams, had been called by Mr. Dudley to the vessel mentioned in the foregoing note and inclosure, both before she was launched and immediately afterward. The launching of this vessel took place on the 15th May, 1862, about a month before the date of Mr. Adams's first representation to Earl Russell. Mr. Dudley's attention had been directed to the vessel in November, 1861, immediately on his arrival at Liverpool. Immediately on the receipt of Mr. Adams's note, Mr. Hammond, one of the under-secretaries of state for foreign affairs, wrote, by the direction of Earl Russell, to the secretary to the treasury and to the lawofficers of the Crown, as follows:1 Mr. Hammond to the secretary to the treasury. FOREIGN OFFICE, June 25, 1862. SIR: I am directed by Earl Russell to transmit to you a copy of a letter from the United States minister at this court, calling attention to a steamer reported to be fitted out at Liverpool as a southern privateer, and inclosing a copy of a letter from the United States consul at that port, reporting the result of his investigations into the matter; and I am to request that you will move the lords commissioners of Her Majesty's treasury to cause immediate inquiries to be made respecting this vessel and to take such steps in the matter as may be right and proper. I am, &c., Mr. Hammond o the law-officers of the Crown. E. HAMMOND. FOREIGN OFFICE, June 25, 1862. GENTLEMEN: I am directed by Earl Russell to transmit to you a letter from the United States minister at this court, calling attention to a steamer reported to be fitting out at Liverpool as a southern privateer, and inclosing a copy of a letter from the United States consul at that port reporting the result of his investigations into the matter; and I am to request that you will take these papers into your consideration and favor Lord Russell with any observations you may have to make upon this ques tion. I am, &c., E. HAMMOND. 1 Appendix, vol. i, pp. 180, 181. Copies of Mr. Adams's note and Mr. Dudley's letter were sent with each of the two preceding letters for the information of the lords commissioners of the treasury and the law-officers, respectively. Earl Russell, on the same day, wrote as follows to Mr. Adams:1 Earl Russell to Mr. Adams. FOREIGN OFFICE, June 25, 1862. SIR: I have the honor to acknowledge the receipt of your letter of the 23d instant, calling attention to a steam-vessel which you state is now fitting out at Liverpool with the intention of carrying on hostilities against the Government of the United States; and I have to acquaint you that I have lost no time in referring the matter to the proper department of Her Majesty's government. I am, &c., RUSSELL. The law-officers of the Crown, on the 30th June, 1862, made their report, as follows:2 The law-officers of the Crown to Earl Russell. TEMPLE, June 30, 1862. MY LORD: We are honored with your lordship's commands signified in Mr. Hammond's letter of the 25th June instant, stating that he was directed by your [83] lordship to transmit to us a letter from the United States minister at this court, calling attention to a steamer reported to be fitted out at Liverpool as a southern privateer, and inclosing a copy of a letter from the United States consul at that port, reporting the result of his investigations into the matter, and to request that we would take these papers into our consideration and favor your lordship with any observations we might have to make upon this question. In obedience to your lordship's commands we have taken these papers into consideration, and have the honor to report That, if the representation made to Her Majesty's government by Mr. Adams is in accordance with the facts, the building and equipment of the steamer in question is a manifest violation of the foreign enlistment act, and steps ought to be taken to put that act in force and to prevent the vessel from going to sea. The report of the United States consul at Liverpool, inclosed by Mr. Adams, besides suggesting other grounds of reasonable suspicion, contains a direct assertion that the foreman of Messrs. Laird, the builders, has stated that this vessel is intended as a privateer for the service of the government of the Southern States; and, if the character of the vessel and of her equipment be such as the same report describes them to be, it seems evident that she must be intended for some warlike purpose. Under these circumstances we think that proper steps ought to be taken, under the direction of Her Majesty's government, by the authorities of the customs at Liverpool, to ascertain the truth, and that, if sufficient evidence can be obtained to justify proceedings under the foreign enlistment act, such proceedings should be taken as early as possible. In the mean time, Mr. Adams ought, we think, to be informed that Her Majesty's government are proceeding to investigate the case; but that the course which they may eventually take must necessarily depend upon the nature and sufficiency of any evidence of a breach of the law which they may be enabled to obtain; and that it will be desirable that any evidence in the possession of the United States consul at Liverpool should be at once communicated to the officers of Her Majesty's customs at that port. We have, &c., WM. ATHERTON. ROUNDELL PALMER. The commissioners of customs, on the 1st July, 1862, reported to the treasury as follows:3 Report by the commissioners of customs. To the lords commissioners of Her Majesty's treasury: Your lordships having referred to us the annexed letter from Mr. Hammond, the under-secretary of state for foreign affairs, transmitting, by desire of Earl Russell, copy of a letter from the United States minister at this court, calling attention to a 1 Appendix, vol. i, p. 180. 2 Ibid., p. 181. 3 Ibid., p. 182. steamer reported to be fitting out at Liverpool as a southern privateer, and inclosing copy of a letter from the United States consul at that port, reporting the result of his investigation into the matter, and requesting that immediate inquiries may be made respecting this vessel, and such steps taken in the matter as may be right and proper, We report that, immediately on receipt of your lordships' reference, we forwarded the papers to our collector at Liverpool for his special inquiry and report, and we learn from his reply that the fitting out of the vessel has not escaped the notice of the officers of this revenue, but that as yet nothing has transpired concerning her which has appeared to demand a special report. We are informed that the officers have at all times free access to the building-yards of the 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; and one of the surveyors in the service of this revenue, who had been directed by the collector personally to inspect the vessel, has stated that the description of her in the communication of the United States consul is correct, with the exception that her engines are not constructed on the oscillating principle. Her dimensions are as follows: Length, 211 feet 6 inches; breadth, 31 feet 8 inches; depth, 17 feet 8 inches; and her gross tonnage, by the present rate of admeasurement, is 682.31 tons. The surveyor has further stated that she has several powder canisters on board, but, as yet, neither guns nor carriages, and that the current report in regard to the vessel is, that she has been built for a foreign government, which is not denied by the Messrs. Laird, with whom the surveyor has conferred; but they do not appear disposed to reply to any questions respecting the destination of the vessel after she leaves Liverpool. And the officers have no other reliable source of information on that point; and having referred the matter to our solicitor, he has reported his opinion that, at present, there is not sufficient ground to warrant the detention of the vessel, or any interference on the part of this department, in which report we beg to express our concurrence. And, 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 conclusive to his mind, we would observe that, inasmuch as the officers of customs of Liverpool would not be justified in taking any steps against the vessel unless sufficient evidence to warrant her detention should be laid before them, 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 provisions of the foreign enlistment act would require. Without the production of full and sufficient evidence to justify their proceedings, the seizing officers might entail on themselves and on the government very serious consequences. [84] * We beg to add that the officers at Liverpool will keep a strict watch on the vessel, and that any further information that may be obtained concerning her will be forthwith reported. (Signed) CUSTOM-HOUSE, July 1, 1862. THO. F. FREMANTLE. A copy of the report of the commissioners of customs was, on the 4th July, 1862, transmitted by Earl Russell to Mr. Adams, inclosed in the following letter:1 Earl Russell to Mr. Adams, FOREIGN OFFICE, July 4, 1862. SIR: With reference to my letter of the 25th ultimo, I have the honor to inclose a copy of a report from the commissioners of customs, respecting the vessel which you have been informed is being built at Liverpool for the government of the so-styled Confederate States, and in accordance therewith I would beg leave to suggest that you should instruct the United States consul at Liverpool to submit to the collector of customs at that port such evidence as he may possess tending to show that his suspicions as to the destination of the vessel in question are well founded. I am, &c., Mr. Adams replied as follows:1 RUSSELL. Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, MY LORD: I have the honor to acknowledge the receipt of your note of the 4th instant, covering a copy of the report from the commissioners of customs respecting a 1 Appendix, vol. i, p. 184. |