ship-of-war; and one of the Surveyors in the service of this revenue, Chap. XIII. 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 rule of measurement is 682.31 tons.

"The Surveyor has further stated that she has several powdercanisters 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 at 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.

"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.

A copy of this report was on the 4th July sent by Lord Russell to Mr. Adams. "In accordance therewith," wrote Lord Russell, "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

Chap. XIII. that his suspicions as to the destination of the vessel in question are well founded."

Mr. Adams, on the 7th, promised to act on this suggestion, and on the 10th the Collector received from Mr. Dudley a letter stating various circumstances, all leading to the conclusion that the vessel was intended for war and for the service of the Confederate States. His information, however, rested almost entirely on hearsay statements, alleged to have been made either by persons whom he did not name, or by others of whose whereabouts he was ignorant. "The information," he added, "on which I have formed an undoubting conviction that this vessel is being fitted out for the so-called Confederate Government, and is intended to cruise against the commerce of the United States, has come to me from a variety of circumstances, and I have detailed it to you as far as practicable. I have given you the names of persons making the statements, but as the information in most cases is given to me by persons out of friendly feeling to the United States, and in strict confidence, I cannot state the names of my informants; but what I have stated is of such a character that little inquiry will confirm its truth."

The Collector on the same day acknowledged the receipt of this letter. "I may observe, however," he added, "that I am respectfully of opinion the statement made by you is not such as could be acted upon by the officers of this revenue, unless legally substantiated by evidence." On the same day also (the 10th July) he transmitted it to the Commissioners of Customs, who consulted their legal adviser, and on the 15th informed the Collector that there "does not appear to be primá facie proof sufficient in the statement of the Consul to justify the seizure of the vessel, and you are to apprise the Consul accordingly.'

On the 21st July the Consul, accompanied by his

solicitor, applied in person to the Collector, and requested Chap. XIII. him to seize the vessel, placing in his hands at the same time six affidavits, one made by the Consul himself, the five others by five persons who were in attendance.1 The Collector, by that night's post, wrote to the Commis. sioners, forwarding the affidavits, and asking that he might be instructed by telegraph how to act, "as the ship appears to be ready for sea, and may leave any hour she pleases."

She was now in fact out of her builders' hands, having been moved on the 12th from their private graving dock to the Great Float public dock at Birkenhead. Here she was being coaled and provisioned. She was still completely unarmed; she had on board no guns or carriages, nor were her platforms fitted to the deck.2

On the 22nd July the Commissioners wrote to the Collector:

"Sir,

"Having considered your Report of the 21st instant, No. 1200, stating, with reference to previous correspondence which has taken place on the subject of a gun-boat which is being fitted out by Messrs. Laird, of Birkenhead, that the United States' Consul, accompanied by his solicitor, has attended at the Custom-house with certain witnesses, whose affidavits you have taken and have submitted for our consideration, and has requested that the vessel may be seized, under the provisions of the Foreign Enlistment Act, upon the ground that the evidence adduced affords proof that she is being fitted out for the Government of the Confederate States of America;

"We acquaint you that we have communicated with our solicitor

1 These affidavits, with others subsequently added, will be found in the Note at the end of this Chapter.

2 In an affidavit made in 1863 by a man who sailed in the ship as paymaster it is said :

"When the vessel sailed from Liverpool she had shot racks fitted in the usual places; she had sockets in her decks, and the pins which held fast frames on carriages for the pivot guns, and breaching bolts. These had been placed in by the builders of the vessel, Messrs. Laird and Co. She was also full of provisions and stores enough for four months' cruise. When she sailed she had beds, bedding, cooking utensils, and mess utensils, for 100 men, and powder tanks fitted in."Affidavit of Clarence Yonge, 2nd April, 1863.

Chap. XIII. on the subject, who has advised us, that the evidence submitted is not sufficient to justify any steps being taken against the vessel under either the 6th or 7th sect. of Act 59 Geo. 3, cap. 69, and you are to govern yourself accordingly.

"The solicitor has, however, stated, that if there should be sufficient evidence to satisfy a Court, of enlistment of individuals, they would be liable to pecuniary penalties, for security of which, if recovered, this Department might detain the ship until those penalties are satisfied, or good bail given, but there is not sufficient evidence to require the Customs to prosecute; it is, however, competent for the United States' Consul, or any other person to do so, at their own risk, if they see fit.

Mr. Adams had on the 22nd sent to the Foreign Office copies of the affidavits which had been laid before the Board of Customs. On the 23rd Mr. Squarey, the solicitor on whose advice Consul Dudley had acted, obtained an interview with Mr. Layard, the UnderSecretary of State for the Foreign Department, and appears, from a report of the conversation which he sent to Mr. Adams, to have represented the urgency of the case, and pressed for a speedy decision.

On the same day (the 23rd July) two further affidavits were submitted by Mr. Squarey to the Board of Customs.1 With them he sent a copy of an Opinion which he had obtained from an eminent Counsel (Mr. Collier) before whom all the evidence had been laid, to the effect that an infringement of the Foreign Enlistment Act was proved, and that the Collector of Customs would be justified in detaining the vessel, and was indeed bound to detain her. He asked that the question might be reconsidered on this additional evidence. "The gun-boat," he added, "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

1 See Note at the end of this Chapter.

sending these papers direct to the Board instead of Chap. XIII. transmitting them through the Collector at Liverpool,

and the request, which I now venture to make, that the matter may receive immediate attention."

On the 24th, Mr. Adams sent to Earl Russell copies of the two additional affidavits, and of Mr. Collier's Opinion. These papers do not appear to have been received until Saturday the 26th; but the delay is immaterial, since the same information had been placed, as we have seen, in the hands of the Commissioners of Customs three days before, and must therefore have found its way to the Foreign Office.

A ninth affidavit, sworn by a man named Redden, was received at the Customs on the 25th, and at the Foreign Office on the following day.1

On Tuesday the 29th, the Law Officers, before whom all the evidence had been laid as it reached the Foreign Office, reported to the Secretary of State for Foreign Affairs their opinion that the vessel should be detained.

But on the afternoon of the 28th the "290," as she was then called (having received no name and being known only by the number she bore in the builders' yard), had left the dock in which she lay, had anchored for the night off the public landing-stage at Liverpool,

1 See Note at the end of this Chapter.

2 "We sailed from Liverpool on the 29th day of July, 1862. This was four days sooner than we expected to sail. The reason for our sailing at this time before we contemplated, was on account of information which we had received that proceedings were being commenced to stop the vessel from sailing. Captain Bullock sent Lieutenant Low to me on Sunday evening, the 27th of July, to say that I must be at Fraser, Trenholm, and Co.'s office early next morning. The next morning I arrived at half-past 9 o'clock. Captain Butcher camo in and told me the ship, which at that time was called the '290,' would sail the next day, and that he wanted me to go with him. In a few minutes Captain Bullock came in and told me he wanted me to go to sea at a minute's notice; that they were going to send her right out. The ladies and passengers were taken on board as a

blind."-Affidavit of Clarence Yonge.