In connexion with the remarks made in your despatch No. 1045, of the 28th
of July, I have now the honor to transmit a copy of the supplement of
the Liverpool Daily Post of the 11th instant, as well as a copy of the
London Star of the 15th instant, both containing reports of further
trials, held at Liverpool, for violations of the foreign enlistment
act.
In all these cases it is apparent that the result is gained by the
government, without serious resistance, the only penalty to the guilty
parties being an entry into obligations not to repeat the offence. It is
plain that the verdict must have been practically arrived at by consent.
It is possible that even by this means some additional strength may be
gradually acquired by the government towards a proper enforcement of the
law in future cases. There yet remains one in which this point will
probably be tested. I allude to that of Mr. Rumble. This is the most
flagrant of them all. Although the evidence to convict him is of the
strongest character, it is not certain that it will avail, should he
persist in his intention to contest it. I have casually had a few words
with the solicitor general on the subject, from which I infer that,
though very confident of his opinion on the merits of the question, he
is not altogether without mistrust of the effect of technical litigation
on the defensive side if thoroughly resorted to.
Hon. William H. Seward,
&c., &c., &c.
Liverpool assizes, Crown Court.
(Before the Lord Chief Justice
Cockburn.)
THE CHARGE OF INFRINGING THE FOREIGN ENLISTMENT
ACT.
James Cunningham (who had been out on bail) was indicted for having,
on the 9th of February, infringed the foreign enlistment act. Mr.
Attorney General James, Q. O., with Mr. Lushington, appeared for the
prosecution; Mr. Littler for the prisoner.
The attorney general said the indictment was instituted by her
Majesty’s government under a sense of duty which called upon the
executive to prosecute the defendant for a transgression of the law.
No man in this country could be ignorant of the difficulties which
were very likely to occur supposing the government did not hold the
scales of neutrality with perfect equality. Of course everybody was
well aware of the difficulties which had occurred in this country,
more especially with respect to the great case of the Alexandra.
This case did not pretend to vie with that in importance, but still
it was one of very great importance to the interests of all, because
he was quite sure all of us would be very loath to be involved in a
war with the United States brought about by the illegal acts of any
one of the subjects of this country; and consequently it was the
duty of all to do all in their power to prevent complications of
that kind. He stated the circumstances under which the foreign
enlistment act was passed, and explained that by the second section
of that act British subjects enlisting in this country, or engaging
to enlist to serve in a foreign service, or going from this country
with the intention of doing so, were guilty of a misdemeanor. The
indictment was laid under that section, and the prisoner was charged
with having himself engaged to serve on board one of the confederate
ships, and also under various counts with having induced and
procured others to go from this country intending them to engage in
warlike operations on behalf of the confederates. Having stated the
circumstances under which the charge was brought, he would now
mention the facts. The vessel was one of which they all had heard,
and was called the Rappahannock, and was formerly the Victor, a ship
in her Majesty’s navy, which, being sold by government, was
afterwards purchased on behalf of the southern confederacy. The
prisoner in the month of February collected together a number of
engineers and firemen, and offered them at a public house, in Athol
street, very good wages indeed if they would agree to go to the East
Indies in a vessel that, he said, was lying off Gravesend. The
ordinary wages of an engineer were some £10 or £12 a month, but the
prisoner offered the men £17 a month. He also offered the firemen £6
10s. a month, a sum considerably beyond
the ordinary sum paid in the merchant navy. Some representations
were made to the men, and he (the, attorney general) was glad to say
the people of this country were nothing loath to enter into
speculations of a business kind provided they were well paid. The
men in question were told that they need not bring their clothes
with them, so that they had not to find their own kit. The men met
at the Lime street station, and were conveyed thence to London. On
arriving at Euston square station they were conveyed in cabs to the
London bridge station, where they again took train, and were
conveyed to Dover. At this place they were refreshed very liberally
with drink. They were then told that their vessel was in the stream,
and that a steamer there was her tender. They went on board the
steamer, which turned out to be the Calais boat, where they were all
taken on board the Rappahannock. On the engineers being taken down
into the cabin they were told that they were about to enter into the
service of the Confederate States; and, in reply to a question put
to them, they expressed their willingness to
[Page 274]
serve. After entering into an agreement to do
so, they were taken on shore and supplied with the confederate
uniform. On the firemen being asked if they would enlist in the
confederate service, they expressed their surprise, and said they
had not come there for that purpose. They stated that they were
willing to carry out their agreement as made in Liverpool, and they
were ultimately sworn to do so. Subsequently there was a dispute on
board the Rappahannock, and some of the men were put in irons. On
being released they seized the first opportunity of running away,
and it was upon the information given by them that the present
proceedings were taken. If he (the attorney general) should prove
the facts to which he had called their attention, he asked them to
convict the prisoner. The object which her Majesty’s government had
in view in instituting that prosecution was rather to prevent than
to punish, and to show that no person could with impunity violate
the law. The peace of this country could only be insured by a
faithful observance of that neutrality which we professed with
respect to the unhappy war now being waged in America, and by such
conduct as that with which the prisoner was now charged he had
rendered himself amenable to the law.
The engineers and firemen engaged by the prisoner were then called,
and they proved the facts stated in the opening speech of the
learned counsel, and stated that the railway tickets for their
journey to London and Dover were given to them by the prisoner, who
was the second engineer of the Rappahannock. The tickets were
purchased by a person named Codd.
Mr. Henry William Sanders, the signet clerk in the office for the
secretary of state for the home department, proved that no license
was given to the prisoner either to enlist himself or to cause
others to enlist in the service of the Confederate States. Mr.
Herbert Manson Suft gave similar evidence.
Mr. Littler, having taken two or three legal objections to the counts
in the indictment, proceeded to address the jury on the facts,
remarking that it was not proved that the prisoner was aware at the
time he engaged the engineers and the firemen that he and they were
going on board a foreign ship-of-war; and although the wages he
offered were unusually high, he might have really thought the men
would be required for mercantile purposes.
His lordship, in summing up, remarked upon the charming simplicity
with which the learned counsel alluded to the prisoner’s probable
ignorance of the purposes for which the men would be required, and
said it would be for the jury to say whether or not the prisoner had
been clearly proved to have infringed the provisions of the foreign
enlistment act.
The jury immediately returned a verdict of guilty.
Mr. Littler then stated that the prisoner, who bore an excellent
character, was very sorry for what he had done, and trusted that,
under the circumstances, his lordship would not sentence him to
imprisonment.
Mr. L. Temple said he appeared for Joseph Buchanan, who was also
charged with having infringed the foreign enlistment act; and his
client was willing to plead guilty to having enlisted in the
confederate service, but he denied having induced others to enlist.
He might mention to his lordship that Lord Chief Justice Erle. had,
in the case of a former trial at the central criminal court, London,
for infringing the same act, by enlisting for the Rappahannock,
ordered the man to enter into his own recognizances to appear to
receive judgment when called upon.
Buchanan was then placed in the dock wtih Cunningham and, pleaded
guilty.
The attorney general having stated that he had no observations to
make with respect to the punishment which he thought the prisoners
ought to receive.
His lordship said he was willing to pass the same sentence as that
passed by his brother Erie. It must, however, be clearly understood
that if a man violated the law, he would, when apprehended, be
punished for so doing. Any repetition of the offence of which the
prisoner had been guilty would be treated with
[Page 275]
such severity as the law allowed. It
was essential for the interests of England that the subjects of her
Majesty should not go and enlist in the service of a foreign state
that was at that time a belligerent, and by their conduct possibly
embroil in war this country. That was an offence, and a very grave
offence, against the law, but the prisoners would on this occasion
be liberated on enter ing into their own recognizances in the sum of
£150 each to appear to receive judgment, if required to do so. So
long as the prisoners did not again offend they would hot be
required to appear, but if they did offend they might rely upon it
the judgment now passed would be enforced, and, further, that they
would be severely punished.
The prisoners then entered into the required sureties and were
liberated.
James Campbell pleaded guilty to having infringed the provisions of
the foreign enlistment act, and he was also ordered to enter into
his own recognizances in £150 to appear to
receive judgment when called upon.
The court rose at a quarter past six o’clock.
