Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Third Session Thirty-seventh Congress

Mr. Adams to Mr. Seward.

No. 196.]

Legation of the United States, London, July 25, 1862.

Sir: Since the date of my despatch (No. 187) of the 11th of July, I have to report that I received from Mr. Collier so decided an opinion in regard to the illegality of the proceedings at Liverpool, that I directed Mr. Dudley to proceed with the utmost vigor in the preparation of the necessary depositions to place before the collector of customs at Liverpool. I authorized him to act under professional advice, so that no mere omission of form could be made to avail against us. No time has been lost in getting up the papers and in submitting them in the proper quarter. For two days Mr. Dudley and his adviser, Mr. Squarry, have been in constant communication with me here, and all the measures taken by them have been sanctioned by me. I am sorry to say that although the second opinion of Mr. Collier, based upon the depositions themselves, is so unequivocal, I have reason to believe that they are not likely to be more effective to secure the detention of the ship by the collector than any former action.

Not to omit any step that could be imagined likely to avail, I have transmitted copies of all the papers to Lord Russell, with a request for action on the subject in his department. I now send copies of the same, with the exception of the affidavits, which Mr. Dudley will probably send, for your consideration. As yet I have no answer from Lord Russell. I am not sanguine of success, but it seems to me that the action taken is essential to complete the record. I have authorized Mr. Dudley and Mr. Morse to incur some liabilities in the process, which I hope will not be regarded as ill-judged. The Tuscarora has not yet left Southampton. I shall give Captain Craven directions to intercept the vessel, if possible, should she be permitted to depart.

I have the honor to be, sir, your obedient servant,

CHARLES FRANCIS ADAMS.

Hon. William H. Seward, Secretary of State, Washington, D. C.

[Enclosures.]

1. Opinion of R. P. Collier, esq., July 16, 1862.

2. Mr. Adams to Lord Russell, July 22, 1862.

3. Mr. Adams to Lord Russell, July 24, 1862.

4. Opinion of R. P. Collier, esq., July 23, 1862.

5. Mr. Squarry to Mr. Adams, July 23, 1862.

6. Same to Board of Customs, July 23, 1862.

7. Same to Mr. Adams, July 25, 1862.

No. 1.

Opinion of R. P. Collier.

The accompanying copy of a statement, submitted by the American consul in Liverpool to her Majesty’s collector of customs there, will furnish all the information which has at present been obtained relative to the fitting out of a vessel intended to be used as a privateer for the purposes of the Confederate States of America. It is believed that the vessel is now very nearly ready.

The American government are desirous of taking immediate steps, under the foreign enlistment act, 59 Geo. III, cap. 69, to seize the ship and get her condemned.

Mr. Collier, Queen’s counsel, is requested to advise as to the proper course of proceeding under the circumstances.

Western Circuit, Winchester, July 16, 1862.

I think the evidence almost conclusive that the vessel in question is being fitted out by the Messrs. Laird as a privateer for the use of the confederate government, in contravention of the provisions of the foreign enlistment act, 59 Geo. III, cap. 69.

As the matter is represented to me to be urgent, I advise that the principal officer of the customs at Liverpool be immediately applied to, under 59 Geo. III, cap. 69-% to exercise the powers conferred upon him by that section to seize the vessel, with a view to her condemnation, an indemnity being given to him if he requires it. It would be proper at the same time to lay a statement of the fact before the secretary of state for foreign affairs, coupled with a request that her Majesty’s government would direct the vessel to be seized, or ratify her seizure if it has been made.

If the matter were not urgent I should advise no other steps being taken until it was known whether or not the government thought fit to interfere; but inasmuch as the government might not unreasonably take some little time to determine what course to pursue, during which time the vessel might escape, I advise the more prompt remedy.

R. P. COLLIER.

No. 2.

Mr. Adams to Earl Russell.

Legation of the United States, London, July 22, 1862

My Lord: I have the honor to transmit copies of six depositions taken at Liverpool, tending to establish the character and destination of the vessel to which I called your lordship’s attention in my note of the 23d of June last. The originals of these papers have already been submitted to the collector of the customs at that port, in accordance with the suggestions made in your lordship’s note to me of the 4th of July, as the basis of an application to him to act under the powers conferred by the enlistment act. But I feel it to be my duty further to communicate the facts as there alleged to her Majesty’s government, and to request that such further proceedings may be had as may carry into full effect the determination which I doubt not it ever entertained to prevent by all lawful means the fitting out of hostile expeditions against the government of a country with which it is at peace.

I avail myself of this opportunity to renew to your lordship the assurance of my highest consideration, and am, my lord, your most obedient servant,

CHARLES FRANCIS ADAMS.

The Right Hon. Earl Russell, &c., &c., &c.

No. 3.

Mr. Adams to Earl Russell.

Legation of the United States, London, July 24, 1862.

My Lord: In order that I may complete the evidence in the case of the vessel now fitting out at Liverpool, I have the honor to submit to your lordship’s consideration the copies of two more depositions taken respecting that subject.

In the view which I have taken of this extraordinary proceeding as a violation of the enlistment act, I am happy to find myself sustained by the opinion of an eminent lawyer of Great Britain, a copy of which I do myself the honor likewise to transmit.

Renewing to your lordship the assurances of my highest consideration, I have the honor to be, my lord, your most obedient servant,

CHARLES FRANCIS ADAMS.

The Right Hon. Earl Russell, &c., &c., &c.

No. 4.

Opinion of R. P. Collier.

CASE.

July 23, 1862.

You will receive herewith copies of the following affidavits in reference to a gunboat known as No. 290, which was built by Messrs. Laird & Co. at Birkenhead, as it is believed for the Confederate States of America, and which is now lying ready for sea in all respects in the Birkenhead docks.

No. 1. Affirmation of T. H. Dudley.

No. 2. Affidavit of I. DeCosta.

No. 3. Affidavit of M. Maguire.

No. 4. Affidavit of Hy. Wilding and M. Maguire.

No. 5. Affidavit of A. S. Clare.

No. 6. Affidavit of Wm. Passmore.

No. 7. Affidavit of Edward Roberts.

No. 8. Affidavit of Robt. John Taylor.

An application has been made, on the affidavits Nos. 1 to 6, inclusive, to the collector of customs at Liverpool, to detain the vessel under the provisions of the act 59 Geo. III, cap. 69, but under the advice of the solicitors to the customs the board have declined to sanction the detention of the vessel.

You are requested to advise the consul for the United States at Liverpool whether the affidavits now submitted to you disclose facts which would justify the collector of customs in detaining the vessel under the act in question.

OPINION.

Temple, July 23, 1862.

I have perused the above affidavits, and I am of opinion that the collector of customs would be justified in detaining the vessel. Indeed, I should think it is duty to detain her, and that if, after the application which has been made to him, supported by the evidence which has been laid before me, he allows the vessel to leave Liverpool, he will incur a heavy responsibility— a responsibility of which the board of customs, under whose direction he appears to be acting, must take their share.

It appears difficult to make out a stronger case of infringement of the foreign enlistment act, which, if not enforced on this occasion, is little better than a dead letter.

It well deserves consideration whether, if the vessel be allowed to escape, the federal government would not have serious grounds of remonstrance.

R. P. COLLIER.

No. 5.

Mr. Squarry to Mr. Adams.

Tavistock Hotel, Covent Garden, London, W. C., July 23, 1862.

Sir: I beg to inform you that I saw Mr. Layard at the foreign office after leaving you this afternoon, and ascertained from him that the papers forwarded by you in reference to the gunboat No. 290 were submitted yesterday to the law officers of the crown for their opinion. The opinion had not, up to the time of my seeing Mr. Layard, been received, but he promised, on my representation of the extreme urgency of the case, to send for it at once. Mr. Layard was not disposed to discuss the matter, nor did he read Mr. Collier’s opinion.

I now enclose a copy of the case with Mr. Collier’s opinion, and a copy of the letter which I have addressed this afternoon to the secretary of the board of customs.

I have the honor to be, &c.,

A. F. SQUARRY.

His Excellency The American Minister, 5 Portland Place.

No. 6.

Mr. Squarry to Board of Customs.

Tavistock Hotel, Covent Garden, London, July 23, 1862.

Sir: Referring to an application which I made on behalf of the United States government, under the instructions of their consul at Liverpool, to the collector of customs at Liverpool, on Monday last, for the detention, under the provisions of the act 59 Geo. III, cap. 69, of a steam gunboat, built by Messrs. Laird & Co., at Birkenhead, and which, there is no doubt, is intended for the Confederate States, to be used as a vessel-of-war against the United States government, I beg now to enclose two affidavits which reached me this morning from Liverpool, one made by Robert John Taylor, and the other by Edward Roberts, and which furnish additional proof of the character of the vessel in question.

I also enclose a case which has been submitted to Mr. Collier, Q. C, with his opinion thereon.

I learned this morning from Mr. O’Dowd that instructions were forwarded yesterday to the collector at Liverpool not to exercise the powers of the act in this instance, it being considered that the facts disclosed in the affidavits made before him were not sufficient to justify the collector in seizing the vessel.

On behalf of the government of the United States I now respectfully request that this matter, which, I need not point out to you, involves consequences of the greatest possible description, may be reconsidered by the board of customs, on the further evidence now adduced.

The gunboat now lies in Birkenhead docks ready for sea in all respects, with a crew of fifty men on board. She may sail at any time, and I trust the urgency of the case will excuse the course I have adopted of sending these papers direct to the board instead of transmitting them through the collector at Liverpool, and the request, which I now venture to make, that the matter may receive immediate attention.

I have the honor to be, your obedient servant,

A. F. SQUARRY.

Secretary of H. M. Board of Customs, London.

No. 7.

Mr. Squarry to Mr. Adams.

Tavistock Hotel, Covent Garden, London, July 25, 1862.

Gunboat No. 290.

Sir: I have further to report to you on this matter that I have again seen Mr. O’Dowd, the solicitor to the board of customs, who informs me that on receipt of my letter addressed to the secretary yesterday, the board resolved to refer the matter to the law officers of the crown, by whose opinion they would be guided as to seizing the vessel.

I have the honor to be, sir, your obedient servant,

A. F. SQUARRY.

His Excellency The American Minister.