commerce, Congress is about to authorize the issue of letters of marque and reprisal, and that if we find it necessary to suppress that piracy, we shall bring privateers into service for that purpose, and, of course, for that purpose only. I am, sir, your obedient servant, WILLIAM H. SEWARD. CHARLES FRANCIS ADAMS, Esq., &c., &c., &c. Mr. Adams to Mr. Seward. No. 187.] LEGATION OF THE UNITED STATES, SIR: The Tuscarora is still at Southampton. She has been detained by the necessity for some slight repairs. Notes have passed between Lord Russell and myself on the subject, copies of which are hereto subjoined. The consul at Liverpool has made representations to the collector of the customs respecting the vessel not yet named, but undoubtedly fitting out at Liverpool to prey upon our commerce, according to the suggestions made by Lord Russell in his note in reply to my remonstrance. Unfortunately the consul did not affix to this paper the legal form of evidence, which led to its rejection. In the meanwhile I have advised him to supply the omission, and I learn that he has done so. I have likewise, in concert with Mr. Morse, the consul at this place, taken measures to obtain advice as to the expediency of proceeding against this vessel in another form, agreeably to a suggestion dropped to me some time ago by Lord Russell in conversation. As yet I have not learned the issue of the consultation. The deposition to be taken by Mr. Dudley may be as necessary in this case as in the other. I have requested duplicates to be forwarded to me at once. Lastly, I have supplied to Captain Craven all the information I can obtain respecting the objects and destination of this vessel, and have advised him to take such measures as may, in his opinion, be effective to intercept her on her way out. He will probably leave Southampton in a day or two. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, CHARLES FRANCIS ADAMS. Secretary of State. [Inclosures printed under head of "Enforcement of Neutrality," "General Subject," Vol. I, p. 540.] No. 93.] Mr. Dudley to Mr. Seward. [Extract.] UNITED STATES CONSULATE, SIR: Inclosed, marked No. 1, find copy of letter* from Mr. Edwards, collector of the port, in reference to the gunboat No. 290. You will see by this that they do not deem the evidence sufficient. I infer from this answer that the government declines to take any steps to prevent her sailing. Our minister at, London, in a letter dated yesterday, received this morning, directs me to employ a solicitor, and get up affidavits to lay before the collector, in compliance with act of Parliament 59 George III, c. 69. I have retained Mr. Squarey of Liverpool, a man of ability in his profession. He has taken hold of the case with energy, and I entertain some hopes that we shall succeed in preventing the gunboat from sailing. I have directed him to work up and prosecute the case without regard to expense. He is reputed to be a man of honor as well as ability. I hope my action in this matter will be approved by the department. The great difficulty we have is to get direct evidence. Mr. Squarey thinks we shall be able to procure enough to hold her. Since my communication No. 90 she has been in what is known as the great float at Birkenhead, and taken in about five hundred tons of coal. Her provisions are all on board. With high regard, I am, sir, your obedient servant, Hon. WILLIAM H. SEWARD, THOMAS H. DUDLEY. Secretary of State. Mr. Dudley to Mr. Seward. [Extract.] LIVERPOOL CONSULATE, SIR: In my dispatch No. 93 I mentioned the fact that the authorities in this country had refused to interfere and prevent the sailing of the gunboat or steam frigate No. 290, built by the Messrs. Lairds, at this port, (Liverpool,) as a privateer for the rebel government, and that I had employed Mr. Squarey, of Liverpool, to institute legal proceedings, under the act of Parliament, to stop her if possible. The difficulty we have had to contend with was to get direct proof. There were men enough who knew about her, and who understood her character, but they were not willing to testify, and in a preliminary proceeding like this it was impossible to obtain process to compel them. Indeed, no one in a hostile community, like Liverpool, where the feeling and sentiment are against us, would be a willing witness, especially if he resided there, and was in any way dependent upon the people of that place for a livelihood. We have, however, succeeded in getting two of the men from the vessel, who were empolyed by Captain Butcher to go out in her. Their evidence is direct and positive that the vessel is a privateer, built as such for the confederate government, and is to go out of this port (Liverpool) to make war upon the government of the United States. Captain Butcher, her captain, who is now in command of the vessel, told these men so, and employed them to go as a part of the crew. They have been on the vessel as a part of the crew under this captain. This evidence, with some two or three other affidavits, was laid before the collector of the port yesterday afternoon, and I think, notwithstanding his sympathy for the rebels and his indisposition to do anything against them, it is too strong and conclusive for him to refuse our application. He gave us no answer; merely stated that he would submit it to the commissioners under whom * For inclosure see dispatch from Mr. Adams to Mr. Seward, No. 196, July 25, 1862, post. he acts. I am now in London, having come up last night, accompanied by my solicitor, with copies of the affidavits for Mr. Adams to lay before the Foreign Office, and to confer with him as to further proceedings to arrest this vessel. By his direction we had a conference with Mr. Collier, a barrister of London, this morning. He advises that it will be necessary to take steps to have her condemned, even if the collector should decide in our favor. I think we shall stop her; that the case is so bald they will not dare to let her go. SIR: I returned from London on Wednesday night. On Tuesday we obtained the affidavits of two of the crew from the gunboat No. 290. Having learned that the collector had forwarded those we laid before him on Monday to the board of customs in London, under whom he acts, we determined to lay these additional affidavits directly before the board, and called for that purpose. We there learned that on the day previous, the next day after we had submitted the affidavits to the collector, they had decided that the evidence disclosed in the affidavits was not sufficient, and had directed the collector at Liverpool not to detain the vessel. I mentioned the fact that we had consulted with Mr. Collier, a barrister in London. This man had been previously consulted by Mr. Adams. He is Queen's counsel to admiralty, a member of Parliament, and stands high in his profession. After learning this extraordinary decision of the board, we again consulted Mr. Collier and procured from him an opinion in writing, that the evidence which we had submitted to the collector was quite sufficient to warrant the detention of the vessel. Mr. Squarey, my solicitor, then addressed a letter to the board, inclosing a copy of this opinion, and the two additional affidavits, and asked them to reconsider their decision. I inclose copies of the affidavits of William Passmore, Henry Wilding, John Da Costa, Matthew Maguire, and A. S. Clare, and my own as United States consul, all of which were made before and submitted to the collector on Monday last, and upon which Mr. Collier's opinion is founded, (they are marked No. 1;) also copies of the two additional affidavits of Robert John Taylor and Edward Roberts, made on Tuesday, and laid before the board on Wednesday, (marked No. 2;) also copies of the opinion of Mr Collier and Mr. Squarey's letter, and the answer of secretary of the board, (marked No. 3.) I beg to call your attention especially to the affidavits of William Passmore, Robert John Taylor, Edward Roberts, and A. S. Clare, as positive and direct, and making in my judgment as strong proof as can ordinarily be made in cases of this nature, and quite strong enough to justify the detention of the vessel, if there was any disposition to do it. Copies of all these affidavits were made for Mr. Adams, and by him submitted to Earl Russell. Mr. Squarey, with the consent of Mr. Adams, on Wednesday had an interview with Mr. Layard, the under-secretary of foreign affairs, showed him Mr. Collier s opinion, and made the request that the government would act promptly in the matter. I have not learned what decision has been finally made in the case. I hope for the best, but am quite prepared for the worst. It is proper for me to remark that the question of security to the collector did not arise. The decision which was made turned upon the merits. I retained Mr. Collier in the case on Tuesday, and instructed him and Mr. Squarey, if the vessel was arrested, to institute proceedings immediately for her condemnation; Mr. Collier being of the opinion that this was necessary under the act, and that the collector would not be justified to hold her unless we took these steps. I have done about all that I can do to stop this vessel; much more, I think, than this government ought to require any friendly government to do. My counsel say I can do no more. They think the evidence not only sufficient, but conclusive, in the preliminary proceedings to detain the vessel. Indeed, they both say that it is enough to secure her condemnation before any court. I have procured a photographer to take her as she now lies in the dock. I will inclose a copy if received in time for this communication, and shall send another to Mr. Craven, the commander of the Tuscarora. * * * * * * * With high regard, I am, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State. * * THOMAS H. DUDLEY. N. B.-Since writing the above, I have received a copy of letter from the collector to Mr. Squarey, my solicitor, announcing the decision of the board upon the case submitted to the collector. It is inclosed, marked No. 4. It is a strange decision, the last part. Mr. Squarey has called upon the collector, and asked him the meaning of this last paragraph; his response was, that this was copied from the letter addressed to him by the board. I am instructed by my counsel that I have no power to stop the vessel; that the power to detain her is lodged in the collector. [Inclosures will be found with Mr. Adams's dispatch to Mr. Seward No. 196, July 25, 1862, post.] Mr. Adams to Mr. Seward. No. 196.] LEGATION OF THE UNITED STATES, SIR: Since the date of my dispatch (No. 187) of the 17th 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. Squarey, 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 reasons 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, Hon. WILLIAM H. SEWARD, Secretary of State. [For correspondence with the customs authorities at Liverpool, additional to that found with this dispatch, concerning the Alabama, see dispatch from Mr. Adams to Mr. Seward, No. 363, April 3, 1863, post.] 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 |