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[32] officials, in their respective localities, to keep a watchful eye on whatever might tend to endanger the security or interests of the United States; to use the utmost diligence in informing themselves of any actual or contemplated violations of law which might prove injuri ous to those interests; to communicate their information to Mr. Adams, the minister of the United States in London, and to act on such instructions as they might receive from him in matters within the range of their functions. And it was the duty of Mr. Adams, in all cases which, in his judgment, demanded action or inquiry on the part of the govern ment of Great Britain, to lay before that government facts sufficient to call for and justify such action or inquiry. In the course of the years 1861, 1862, 1863, 1864, and 1865, many representations were addressed by Mr. Adams to Her Majesty's government respecting vessels which he be lieved to be either actually employed in carrying on trade with blockaded ports in articles contraband of war or other things, or to be preparing for such employment; and also with respect to other vessels, which he believed to be intended to be used as privateers or commissioned ships of the Confederate States in cruising and carrying on war against the United States. To complaints of traffic carried on with blockaded ports, or in articles contraband of war, it was answered, on the part of Her Majesty's government, that these were enterprises which Her Majesty's government could not undertake to prevent, and the repression of which belonged to the United States as a belligerent power. Allegations, on the other hand, that vessels were being prepared for cruising or carrying on war were immediately referred to the proper officers of the gov ernment at the several localities for careful investigation and inquiry. If, on such investigation, it appeared by sufficient prima facie evidence that any illegal act was being or had been committed, the vessels were forthwith seized, and proceedings instituted according to law; if not, the result was at once communicated to Mr. Adams, and directions were given to the local authorities to watch closely the vessels as to which his suspicions had been aroused.

THE BERMUDA.

The first of these cases was that of the steamship Bermuda. On the 15th August, 1861, Earl Russell received from Mr. Adams the following note: 1

Mr. Adams to Earl Russell.

LEGATION OF THE UNITED STATES,
London, August 15, 1861.

MY LORD: From information furnished from sources which appear to me entitled to credit, I feel it my duty to apprise Her Majesty's government that a violation of the act prohibiting the fitting out of vessels for warlike purposes is on the point of being committed in one of the ports of Great Britain, whereby an armed steamer is believed to be about to be dispatched with the view of making war against the people of the United States.

It is stated to me that a new screw-steamer, called the Bermuda, ostensibly owned by the commercial house of Fraser, Trenholm & Co., of Liverpool, well known to consist in part of Americans in sympathy with the insurgents in the United States, is now lying at West Hartlepool, ready for sea. She is stated to carry English colors, but to be commanded by a Frenchman. She is two-masted, brig-rigged, lower part of funnel black and upper part red, black hull, with a narrow red stripe round the molding, level with the deck, no poop, wheel-house painted white, six white boats, slung in iron davits. She has neither figure-head nor bowsprit. Her bottom is painted pink up to the water-line.

This steamer is armed with four guns, and she has been for some time taking in

1 Appendix, vol. ii, p. 133.

crates, cases, and barrels believed to contain arms and ammunition of all kinds ordinarily used in carrying on war.

This cargo is nominally entered as destined to Havana, in the island of Cuba, but her armament and cargo are of such a nature as to render it morally certain that the merchants who claim to be the owners can have no intention of dispatching her on any errand of mercy or of peace.

I am informed that this vessel will sail in a day or two. I therefore feel under the highest obligation to submit the information I have obtained as the ground for an application for a prompt and effective investigation of the truth of the allegations while there is time. Not doubting the earnest disposition of Her Majesty's government faithfully to adhere to the principles of neutrality to which it has pledged itself, I ask, on the part of the United States, for no more than a simple enforcement of the law, in case it shall appear that evil-minded persons are seeking to set it at naught.

I pray, &c.,
(Signed)

CHARLES FRANCIS ADAMS.

On the same 15th August Earl Russell informed Mr. Adams (as the fact was) that he had lost no time in communicating on the subject with the proper department of the government. Inquiries were immediately directed to be made on the spot, and it was found, as the result of such inquiries, that there was no reason to believe that the [33] vessel was intended for warlike use. Earl Russell, on the 22d August, 1861, wrote to Mr. Adams as follows:

*

Earl Russell to Mr. Adams.1

FOREIGN OFFICE, August 22, 1861.

SIR: I acquainted you in my letter of the 15th instant that I had lost no time in communicating with the proper department of Her Majesty's government respecting the steam-vessel fitting out at Hartlepool, which you believed was about to be dispatched with a view of making war against the people of the United States.

I have now the honor to state to you that the result of the inquiries into this case having been submitted to the proper law-officer of the Crown, Her Majesty's government have been advised that there is not sufficient evidence to warrant any interference with the clearance or the sailing of the vessel.

The seventh section of the foreign-enlistment act, 59 Geo. III, cap. 69, applies to the equipment of a vessel for the purpose of being employed in the service of a foreign state as a transport or cruiser, but has no reference to the mere nature of the cargo on board, and there is at present no proved intention that the vessel itself is to be employed for a warlike purpose.

The persons engaged in the venture must take the consequences which, according to the law of nations, may happen to ensue during transit, owing to a portion of the cargo loaded by them being contraband of war.

I am, &c., (Signed)

RUSSELL.

The Bermuda was doubtless intended for blockade-running, for which purpose alone she was employed. She sailed from Liverpool with cargo for Savannah, and succeeded in entering that port and returning thence to Liverpool. On her second voyage she was captured by a United States ship, and was condemned as prize.

The vessels to which Mr. Adams next called the attention of Her Majesty's government were the Oreto, or Florida, and the Alabama, originally known as "No. 290." The facts which are within the knowl edge of Her Britannic Majesty's government, relating to the preparation, departure, and subsequent history of these two vessels, are fully stated in Parts V and VI of this case.

THE HECTOR.

In November, 1862, Mr. Adams made inquiry of Earl Russell respecting a vessel then in course of construction at Glasgow, which subsequently became Her Majesty's ship Hector. He was informed in answer

1 Appendix, vol. ii, p. 138.

(as the fact was) that the vessel was being built for Her Majesty's gov ernment.1

THE GEORGIANA.

The next case was that of the Georgiana.

On the 17th of January, 1863, Earl Russell received from Mr. Adams the subjoined note and inclosure:

Mr. Adams to Earl Russell.2

LEGATION OF THE UNITED STATES,

London, January 16, 1863.

MY LORD: It has become my painful duty to call your lordship's attention to one more of the cases in which the neutral territory of Great Britain is abused by evildisposed persons for the worst of purposes in the present war. I have the honor to transmit a copy of a letter addressed to me by the consul of the United States at London, giving the particulars based upon credible information received by him, the authority for which it is not in his power at present to disclose. As the vessel is known to be on the eve of departure from the port of Liverpool, I fear I have not the time necessary to procure corroborative evidence from that place. Under these circumstances I feel myself impelled to make this representation without further delay. I have reason to believe that the vessel in question is intended to pursue a similar course with that formerly called No. 290, to wit, the destruction of the commerce of the United States. I therefore solicit the interposition of Her Majesty's government, at least so far as to enable me to procure further evidence to establish the proof of the allegations here made, in season for the prevention of this nefarious enterprise.

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SIR: I have information, on evidence which secures my belief, that the iron screwsteamer Georgiana, Captain Davidson, now in Sandon graving dock, Liverpool, is intended for a confederate privateer, and is now fitting for the business of privateering. She was built in the yard of Mr. Laurie, at Glasgow. Mr. George Wigg, of New Orleans, contracted to have her built. She is now, I presume, but temporarily (for secnrity until she gets off) registered in the name of Niel Mathieson, secretary of the Confederate Aid Association at Glasgow. She is so constructed that armor-plating could be put on to her at any time after leaving the port where she was constructed.

She is a well-built, fast vessel, rigged for fore-and-aft sails, and is over 400 tons, net measurement. She left Glasgow for Liverpool on the 3d of the present month, and is now at the last-named port, preparing for sea. She has port-holes cut for four rifled cannon, and bolts, &c., arranged for them, since she left Glasgow; and also a portion of her armor-plating put on, and small-arms enough for a crew of privateersmen. She will take some forty or fifty men, all told, from Liverpool, and make up a full crew after leaving. Among those now engaged is a gunner, once a sergeant in the royal artillery. She is advertised for Nassau, and will pretend to go out as a regular trader. I regret that I am unable to sustain the above statement by the affidavits of my informants; but I am bound in honor not to use their names. My information concerning this steamer, for the last five or six weeks, confirms the accuracy of the statement, and I have full confidence in its truth.

The Georgiana will call at Queenstown for coal.

Your obedient servant,

(Signed)

F. H. MORSE, Consul.

Immediately on receiving the said note and inclosure, Earl Russell sent copies of them to the proper departments of the executive government, with a request that instant inquiry might be made; and on the same 17th January, 1863, he wrote to Mr. Adams as follows:3

1 Appendix, vol. ii, p. 143.

2 Ibid., p. 147.

3 Ibid., p. 148.

Earl Russell to Mr. Adams.

FOREIGN OFFICE, January 17, 1863. SIR: I have the honor to acknowledge the receipt this day of your letter of the 16th instant, inclosing a letter from the United States consul in London, giving the particulars based upon credible information received by him, the authority for which it is not in his power at present to disclose, respecting an iron screw-steamer, named the Georgiana. Captain Davidson, now lying in the Sandon graving-dock, at Liverpool, which he believes to be intended for a confederate privateer, and to be now fitting out for the business of privateering.

I have communicated copies of your letter and of its inclosure to the board of treasury, and to the secretary of state for the home department, without delay; and I have requested that orders might be sent by telegraph to the proper authorities at Liverpool enjoining them to take such steps in the matter as may legally be taken.

I think it right, however, to observe that Her Majesty's government cannot be answerable for any difficulty which may be experienced in carrying out those orders, in consequence of the evidence on which the statement of the United States consul is made being withheld from them.

I have, &c.,

(Signed)

RUSSELL.

A telegraphic dispatch, directing an immediate investigation, was, on the same day, sent to Mr. Price Edwards, the collector of customs at Liverpool.

The vessel and her papers were examined accordingly, and on the following day (Sunday) the collector reported by telegraph the results of such examination as follows:1

Georgiana, British, 407 tons register; brig rig; cargo, merchandise, provisions, and drugs; no guns on deck; no fitting for guns on board; one cwt. powder; iron bulwarks; no port-holes for guns; no fittings for guns on board; a fast vessel; forty, crew; not fitted as a privateer; better adapted for running the blockade; cleared out for Nassau; now in the Mersey, and is intended to leave to-day, say 4 p. m. SUNDAY, January 18.

Detailed reports of the examination were subsequently made by the officers employed for the purpose, and were as follows: 2

Report of the surveyor of customs, Liverpool, to the collector of customs, Liverpool. SUNDAY, January 18, 1863.

SIR: Last night, about 10 o'clock, I received the telegram sent to you relative to the Georgiana, but being too late, I had no alternative but to wait till this morning early, when I went in search of the vessel, and found that she had hauled into the river on Saturday.

[35] I gave directions to the acting assistant surveyor, Mr. Webb, to accompany me to her, but, as we were going, I met the master of her, (Davidson,) who informed me that all the ship's papers were ashore.

I then accompanied the master, while Webb went to the vessel. On my inspecting the papers, I found nothing to induce the suspicion that she was intended for privateering. She had a great many bills of lading, in which the goods (cargo) were consigned to parties at Nassau.

Among other things, there were a great many packages of drugs, which convinced me that they were intended to run through the blockade.

I also saw the ship's articles, upon which the names of all the crew stood. The amounts set against their respective names, forty in number, were not higher rates of wages than usual; and his charter-party was in the usual style, and destined him to Nassau, Havana, or New Orleans.

On the return of the officer from the ship, he stated that she had no port-holes, no guns, and no fittings for guns on deck, and nothing to denote that she was intended for a privateer.

Under these circumstances, I am respectfully of opinion that she is in no way subject to detention.

Very respectfully, &c.,

(Signed)

The COLLECTOR.

C. MORGAN, Surveyor.

Appendix, vol. ii, p. 149.

2 Ibid., p. 151.

Declaration of the acting assistant surveyor of customs, Liverpool.1

I have been in the service of the customs nearly twenty-seven years. I entered the service as a tide-waiter. Yesterday morning (Sunday) the surveyor, Mr. Morgan, called at my house (for it was my turn off duty) about 7.30, and asked me if I knew where the Georgiana was lying. I told him she had gone into the river on Saturday, and was then lying in the Mersey, opposite the watch-house. I then accompanied him toward the boarding station at the Prince's Dock Pier-head. As we were going down we met the captain, Davidson. He said he was going to the ship. Mr. Morgan then desired me to go to the ship in the river, while he turned back with the captain to see his papers. I went on board the Georgiana at about 9.30 a. m. She was about half a mile off the great landing-stage. went on board and had the hatches removed in order to examine the cargo. She was not above half full. She appeared to have a quantity of tea and bale goods on board; also, oil, tallow, and provisions, which I saw. There was no objection made to my going into any part of the vessel. I have seen the vessel several times before, both while she lay in the Sandon docks and in the graving-dock. She is an ordinary screw-steamer, i. e., not built stronger than the ordinary merchantvessel. She is brig-rigged, and not fore and aft. She has no port-holes, and no places fitted for mounting guns. It is impossible that she could have port-holes without a total change in the bulwarks, there being no support to sustain the recoil of the guns. There were eighteen or nineteen iron plates on board, lying on the top of the cargo: they were of the same thickness as the hull of the vessel-that is, the ordinary thickness for merchant-vessels.

I am satisfied, from the construction, general fitting, and adaptations of the ship, that she is in no way fitted for a privateer. I specially noticed the vessel after she came to the port, and on her arrival made several inquiries about her, and so satisfied was I then, and still am, that she was not intended for warlike purposes, that I did not consider myself called upon to make any report concerning her.

(Signed)

J. WEBB.

Signed and declared before me, at the custom-house, Liverpool, this 19th day of January, 1863.

(Signed)

S. PRICE EDWARDS, Collector.

A letter was also sent by the secretary of state for the home department to the mayor of Liverpool, requesting that inquiry should be made by the police respecting the vessel. Inquiry thus made confirmed the reports of the officers of customs, that she was not fitted or intended for war. She was a vessel constructed with a view to speed, for the purpose of running the blockade, slightly and hastily built. Two port-holes had been pierced in her on each side; these, it was stated, might be used to enable her to carry guns for her own protection, as many merchantvessels do, but were intended (as the ship-builder's foreman, who superintended the piercing of them believed) chiefly for the escape of water, of which, from her great speed, she would ship large quantities in a heavy sea.2

All the information thus obtained was transmitted at once to Mr. Adams.

The Georgiana sailed from Liverpool on the 21st January, 1863, with a general cargo for Nassau, and thence for Charleston, as a blockaderunner. In attempting to enter Charleston harbor she was chased and fired upon by the blockading vessels, and was run aground and wrecked.3

THE PHANTOM.

On the 27th March, 1863, Earl Russell received from Mr. Adams the subjoined note and inclosure.*

Mr. Adams to Earl Russell.

LEGATION OF THE UNITED STATES, London, March 26, 1863. MY LORD: I have the honor to transmit, for your information, the copy of an extract of a letter received by me from Mr. Dudley, the consul at Liverpool, giving

1

Appendix, vol. ii, p. 152.

3 Ibid., p. 160.

2 Ibid, pp. 154, 155, 156.
Ibid., p. 167.

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