CO885-(10-11) — Page 168

7560.

PUBLIC RECORD OFFICE

Reference :-

mumimnim TILLNC.O.

• 885

10

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

No. 128.

(BAKAMAS.)

LAW OFFICERS to FOREIGN OFFICE.

Temple, July 29, 1862. MY LORD,

We are honoured with your Lordship's commands, signified in Mr. Layard's letter of the 23rd July instant, stating that with reference to our report of the 30th ultimo he was directed by your Lordship to transmit to us the accompanying papers which had been received by the Board of Treasury from the Commissioners of Customs, containing further information respecting the vessel alleged to be fitting out at Liverpool for the service of the so-called Confederate States, and to request that we would take the same into our consideration and favour your Lordship at our earliest convenience with our opinion thereupon.

The former papers on this subject were enclosed for reference if required.

We are also honoured with your Lordship's commands, signified in Mr. Layard's letter of the 23rd of July instant, stating that with reference to his letter of that date, sending to us papers respecting the vessel stated to be preparing for ses at Birkenhead for the service of the Government of the 80-styled Confederate States of North America, he was directed by your Lordship to transmit to us a further letter from the Commissioners of Customs, enclosing additional papers respecting this vessel, and to request that we would take these papers into our consideration, and favour your Lordship, at our earliest convenience, with our opinion as to the steps which ought to be taken by Her Majesty's Government in the matter.

We are further honoured with your Lordship's commands, signified in Mr. Layard's letter of the 26th July instant, stating that he was directed by your Lordship to Lord- your transmit to us the accompanying letter from the Board of Treasury, which ship had received that morning, containing further information respecting the vessel stated to be fitting out at Liverpool for the service of the so-styled Confederate States, and to request that we would take the same into our consideration, together with the other papers on the same subject which were then before us.

In obedience to your Lordship's commands we have taken these papers into consideration, and have the honour to

Report

It is not,

That, in our opinion, the evidence of the witnesses who have made depositions (we allude particularly to Wm. Passmore, Edward Roberts, Robert J. Taylor, and H. Redden), coupled with the character and structure of the vessel, makes it reasonably clear that such vessel is intended for warlike use against citizens of the United States, and in the interest of the so-called Confederate States. and cannot be, denied that the vessel is constructed and adapted as a vessel of war, being pierced for guns, the sockets for the bolts for which Passmore states are already laid down, and having a magazine, and shot and canister racks on the deck, and a certain number of canister racks on the deck, and a certain number of canisters being actually on board. It is also stated in the report of the Commissioners of Customs of July 1st, that Messrs. Laird, the builders, do not deny that the vessel has been built for some Foreign Government, although they maintain, apparently, a strict reserve as to her actual destination, and as to the Foreign Government in particular, for whose service she is intended. We do not overlook the facts that neither guns nor ammunition have as yet been shipped; that the cargo, though of the nature of naval stores in connexion with war steamers, may yet be classed as mercantile cargo, and that the crew do not appear to have been, in terms and in form at least, recruited or enrolled as a military crew. It is to be expected that great stress will be laid upon these circumstances by the owner and others who may oppose the condemnation of the vessel, if seized by the officers of the Customs, and an argument may be raised as to the proper construction of the words which occur in the 7th section of the Foreign Enlistment Act: "equip, furnish, fit out, or arm,” which words, it may be suggested, point only to the rendering a vessel, whatever may be the character of its structure, presently fit to engage in hostilities. We think, however, that such a narrow construction ought not to be adopted, and, if allowed, would fritter away the We, there- Act, and give impunity to open and flagrant violations of its provisions. fore, recommend that, without loss of time, the vessel be seized by the proper autho- rities, after which an opportunity will be afforded to those interested, previous to

0 16278.-251. 95.-9/80.

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