Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part I
Mr. Adams to Mr. Seward.
Sir: I now have the honor to transmit a copy of my note to Lord Russell of the 16th instant, referred to in my No. 667 of last week, and likewise copies of Mr. Morse’s note to me, and of the twenty-one depositions alluded to in it. His lordship has sent me an acknowledgment dated the 18th instant, a copy of which is also sent.
The London Times of Tuesday, the 25th instant contains a report of the preliminary judicial proceedings in the case of Mr. Rumble, to whom many of these depositions refer. I transmit a copy for your consideration. The charge of Judge Crompton seems to favor a just construction of the enlistment act. It is, nevertheless, rather doubtful whether Mr. Humble, though unquestionably guilty of all and more than all that is charged, will be convicted.
In the same newspaper will be found a report of the proceedings in the case of the pirates who seized the Joseph L. Gerrity. The question involved in it bids fair to assume rather large dimensions. Mr. Evarts, who is still here, will probably make a special report to you on that subject. Hence I shall not enlarge upon it.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
[Enclosures.]
1. Mr. Adams to Lord Russell, April 16, 1864.
2. Mr. Morse to Mr. Adams, (extracts,) April 12, 1864.
3. Deposition of Robert Sadd April 9, 1864.
4. Deposition of Joseph Sullivan, April 9, 1864.
5. Deposition of Edward Smith, D. Conuell, and James Grace, April 12, 1864.
6. Deposition of James Graham, April 4, 1864.
7. Deposition of Charles Bennett, February 17, 1864.
8. Deposition of Robert Dunn, February 29, 1864.
9. Deposition of Ludwig Kritchiner, F. Slandt, Joseph Trunck, F. Junger, John Panell, and H. Jessen, March 4, 1864.
10. Deposition of Thomas Monk, March 15, 1864.
11. Deposition of James Conner, March 21, 1864.
12. Deposition of John Yard, March 21, 1864.
13. Deposition of Thomas Shrouder, Samuel Garland, and Thomas Woods, March 28, 1864.
14. Deposition of John Don, John Pratt, and Walker Dixon, March 31, 1864.
15. Lord Russell to Mr. Adams, March 18, 1864.
16. The Times, March 26, 1864.
Mr. Adams to Earl Russell.
My Lord: I have the honor to transmit to you a copy of portions of a letter addressed to me by Mr. Morse, consul of the United States at this port and likewise copies of depositions of twenty-one persons, mostly British subjects, who have been enlisted in the service of the insurgents at various places in this [Page 643] kingdom. The originals of all these papers have been submitted to my examination. I have reason to believe that these are but a small portion of the number who stand ready to attest to the truth of the same facts, if there were any need to multiply testimony to convince your lordship of what has been long notorious.
When I remember how promptly her Majesty’s government has done me the honor to call for explanations in the only case in which any allegation of the kind, sustained by evidence, has been made against persons in the employment of the United States, I cannot but permit myself the hope that the exercise of similar energy may have some effect in putting a check on what is plainly a systematic plan by insurgent emissaries and their British allies to violate the neutrality of her Majesty’s kingdom, to the injury of a country with which it is at peace.
I pray your lordship to accept the assurances of the highest consideration with which I have the honor to be, my lord, your most obedient servant,
Right Hon. Earl Russell, &c., &c., &c.
[Untitled]
Sir: In addition to those heretofore forwarded to you, I herewith enclose the affidavits of twenty-one persons, seamen and firemen, nearly all of whom are British subjects, who engaged to go in and serve on board the rebel privateer Rappahannock, but who made their escape from her aud returned to this port. They were all engaged in and sent from this country by persons residing in it, and who are probably citizens and subjects thereof.
Permit me to ask your special attention to a few of these affidavits, though all are of importance. That of Robert Sadd shows that he, an Englishman, was engaged by John Seymour, of London, to go to and serve on board the rebel steamer Rappahannock, and where and by whom his half pay was to be paid. It also shows the large number of English sailors who applied to Seymour for service on board the ship at Calais in one day. The affidavit of Joseph Sullivan proves that he, also an Englishman, was shipped or engaged to serve on board the rebel privateer Rappahannock, then and now in the port of Calais, France, by John Seymour, and that, at the time and place where he and eight other English subjects were engaged so to serve, there were four persons present who advised and aided Seymour in procuring men for the privateer Rappahannock. These four persons were probably, as Sullivan thought or knew, officers from the Rappahannock, as such persons were known to be in London for the purpose of obtaining seamen and firemen for said vessel.
The affidavit signed by Edward Smith, Dennis Connell, and James Grace shows that they were shipped or engaged by Seymour. This affidavit has a copy of such an engagement as they made and signed at Seymour’s attached. They are all British subjects, and went to Calais in partial fulfilment of their agreement, and saw the ship they, with others, were engaged for, the Rappahannock, but would not go on board, and returned to London.
The affidavit of James Graham and eight others of Liverpool, all firemen and British subjects, shows that he and the other eight were engaged and taken to Calais to the steamer Rappahannock by William A. Bradshaw and Joseph Buchanan, engineers of Liverpool, also British subjects, and were turned over to Captain William V. A. Campbell, the commander of the privateer Rappahannock. To Graham’s affidavit is attached the original certificate of the appointment of Buchanan and Bradshaw as assistant engineers in the so-called Confederate [Page 644] States navy. To this affidavit is also attached a certificate of an allotment of monthly pay for the period of twenty-four months. The allotment of thirty dollars per month was to be paid to the family of Joseph Buchanan by Messrs, Jones & Co., of Liverpool. These certificates are all signed by William V. A. Campbell, the commander of the so-called Confederate States vessel-of-war Rappahannock.
Several of these affidavits show that confederate agents have engaged men for the rebel service in several of the maritime ports of Great Britain. I have other information which entirely satisfies me that such agents are now, and have for some time been, actively engaged in procuring and sending to continental ports English subjects for the rebel service, from all the principal maritime ports in this country. The seamen, firemen, &c., are sent away in small numbers at a time, from the several ports to some confederate vessel, in charge of shipping-masters, sailor boarding-house keepers, or other persons employed to engage them. It is plain that all the parties to these transactions have acted and are acting in open violation of the 2d section of the foreign enlistment act.
* * * * * * * * *
It is an established fact that the confederates have sent, and are now sending, British seamen, firemen, engineers, stewards, cooks, and other persons, to man the privateers recently repaired and fitted out in French ports, and I have reason to believe, and do believe, that they are not only collecting such persons to man privateers, or vessels to be used as such, especially one now about ready to leave the Clyde, which they expect soon to get out, but also that they are sending a surplus of men out on many blockade-runners, in the hope of securing them for service on the ships-of-war they are completing in some of the southern ports. They now have their agents and runners in most of the outposts of this country, especially those located on the English channel, collecting and engaging men for the rebel service, and sending them away very quietly, one or more at a time, as they can engage them, and as they can be got away without attracting unusual attention. Both the men engaged and leaving for such purposes, and the persons through whose instrumentality they are engaged or sent away, are in this respect acting in direct and open violation of the very letter of the 2d section of the foreign enlistment act, and for so acting are liable to the penalty of fine and imprisonment.
The sixth section of the foreign enlistment act forbids any master or owner of a vesselfrom knowingly taking, or engaging to take, on board, as passengers or otherwise, any persons who are leaving any port of the British dominions, with the intention of entering into any foreign service, or who have engaged to enter such service against the provisions of said act; and any master or owner so offending is liable to a fine of fifty pounds for each person so taken on board, or engaged to be so taken; and the vessel may be seized and detained until the penalties are paid. There are but few steamers plying between these islands and the French coast not liable to seizure under this section, for nearly all have, at some time within the last four or five months, carried men from this country to some one of the rebel cruisers which have, within this time, been repaired and fitted in French ports. While this contraband passenger trade has been principally carried on by the boats running from London, Dover, and Folkestone to French ports, other lines and transient boats have not been neglected.
* * * * * * * * *
Your obedient servant,
Hon. Charles Francis Adams, United States Minister, &c., &c., &c.
[Untitled]
I, Robert Sadd, of Waltham Abbey, Essex, do hereby solemnly and truly wear that on Thursday morning last, 7th April, I went to John Seymour’s house, Wellclose square, hearing that he was engaging firemen. I saw him, and he told me to come at 3 o’clock, as be was going out. At 3 o’clock I, with about twenty or thirty others, all British subjects, went there, and as so many had been promised he could not engage me then. On the next morning, Friday, 8th April, I went again to Seymour’s and saw him; I asked him if he had got all his firemen, or if he wanted more. He asked me if I had a discharge; I said yes. He said, he wanted a new one. I told him I had two. He took both up to the city, or office, as he called it, with him. I do not know where he took them. I asked him how we were going to Calais. He said, as he must not be seen in it, his young man would pay Our passage down, and he would pay him again. We asked what wages or advance we were to have. He said we were to have 4s. a day while working on board in dock Until ready to go away, and then we were to have bounty-money and wages, and that would be paid by check at Liverpool, so that we could send it up to our friends. I was to meet him again between four and five o’clock yesterday afternoon. I went and saw him. He gave me back my two discharges, and said I should have to show them when I got to Calais, and that I was to be up at his place at ten o’clock this morning to go by the boat to Calais. I went to the boat, but from some remarks I heard while on the wharf would not go. I was not aware before of the ship’s name, or the service we were required for; had I known of it when Seymour first spoke to me, I would not have promised to go at all. The ship proved to be the confederate steamer Rappahannock.
ROBERT SADD.
Sworn by the deponent, at my office, No. 37 Nicholas lane, in the city of London, this the 9th day of April, 1864, before me,
[Untitled]
I, Joseph Sullivan, of London, do solemnly swear that I was born in Bristol, England and am by trade a fireman. On Tuesday night last (5th of April) I was coming up Ratcliff highway; I met John Seymour, shipping-master of Wellclose square. He asked me to drink; we went into the Cock and Neptune, corner of Neptune street and the highway. When there he asked me if I would get him twelve or fourteen men, as firemen, for a ship in Calais. I said I could, and he told me to get them, and said he would give me plenty of money in Calais, but none here in London. I went to John Seymour’s house, in Wellclose square, with the following, myself as leading stoker: John Lacy, David Cornell, James Grace, Edward Smith, Peter Ryan, James Lacy, Bartholomew Walsh, Owen Driscoll, Samuel Theater, John Howell, and Thomas Day, stokers. He asked me for a discharge of each man; I took them all with me and gave them to him. He (Seymour) then took me to the parlor of the King’s Arms, and I had an interview with four gentlemen. One of the gentleman asked me if I could procure the men (meaning the firemen and seamen) that Seymour required, but they must all be British subjects, and that if I would I should be well rewarded when I got to Calais. He then asked me if the men were with us whose names were on the list; I answered they were, and produced the discharge of each man as his name was read by the gentleman or officer of the ship, and Seymour kept them. The four gentlemen whom I had an interview with I supposed to be officers belonging to the ship to which I was to be sent I was then told to go to the bar and have what I liked to drink, and Seymou. told me to come at eight o’clock at night and he would give me back the disr [Page 646] charges. When I went to his house at eight o’clock, he called me into the parlor, and gave me back twelve discharges, and told me to pick six of them to go away on Friday morning, from London Bridge station, which I did: On Friday morning, 8th April, at half past five o’clock, I, with five men, went to Seymour’s house, and left at six o’clock for London Bridge station, arriving there at seven o’clock. While at the station waiting for Mr. Seymour, who was to pay our passage to Dover, I asked the boy who drives Mr. Seymour’s cart the name of the ship we were going to. He said it was the steamer Rappahannock, lying at Calais. When Seymour came up I asked him if we were for the Rappahannock. He said, “Yes, it’s all right; don’t make a noise about it; you will be all right when you get to Calais.” He then went into the station to get six tickets. He came out and said, “I have not got sufficient money to pay for six tickets, as it is the express train that leaves at half past seven. He then took out four sovereigns and some silver in his hand, and said to me, “Sullivan, you can proceed and take these men with you; the other two can go to my house, and I will send them by the boat.” We objected to be parted, and all returned together. I went home and stopped until five o’clock in the afternoon. I went again to his (Seymour’s) house in Wellclose square; he told me that the boat would start at 3 o’clock on Saturday morning (this day,) and that I was to get him more men, because it was better to send them through by dark than by daylight. I got six men with me, and two more joined me at his house at twelve o’clock at night. About half past twelve we all proceeded to London Bridge wharf, and arrived there at about half past two o’clock this morning. While waiting there I met a friend, who asked me what lay I was going in; I told him I did not know, but that I was going to Calais to join the Rappahannock. He advised us to stay away, and I and Robert Sadd would not go; the others went. Seymour told me I should not sign until after arriving at Calais; but that my wages would be $34 per month, and £10 bounty after signing on the ship. I did not know she was a confederate ship, or would not have had anything to do with her. Seymour deceived us all through, as he knew what she was and what we were wanted for.
JOSEPH SULLIVAN.
Sworn by the deponent at my office, No. 37 Nicholas lane, in the city of London, this 9th day of April, 1864, before me,
[Untitled]
We, Edward Smith of Rotherhithe, Surrey, Dennis Connell of Cork, Ireland, and James Grace of London, firemen, do hereby solemnly and sincerely swear, that on Thursday last, April 7, we werit to John Seymour’s, (or, as he is called, John the Greek’s,) in Wellclose square, and when there he asked us if we would go to work at four shillings a day, and to be found in food, &c., on a ship lying in Calais. We said we would, and he took the discharges from us that we had received from the ships we last served in. He told us to be at his house at quarter before six o’clock on the following morning, April 8, to go by the train to Dover, and then across to Calais. We were there, and went with three others to the London bridge station, When we arrived there, he, Seymour, had not enough money to pay our passage by that train, as it was an express. He wanted four to go by that train, but we would not separate, but all go together; so we left the station, went home, and returned again about [Page 647] twenty minutes past nine. He was not there, but sent his man to tell us to come to his house, as there was a gentleman there who wanted to see us. When we got there we saw no one but himself, and he told us to be at his house again at half past one on the Saturday morning, and then we should all go by the boat that started from London bridge that morning. We went to his house, and then we demanded a copy of the agreement we had signed, and Seymour gave us a copy, which is annexed. We afterwards went to the boat, the Hanover steamer at London bridge, and Seymour’s man paid our passage to Calais and took our discharges on shore with him. On arrival at Calais there was no one to receive us. We inquired where the Rappahannock was, and we met one of the officers of the ship. He asked us if we were going to join the Rappahannock. We told him that we came down to work on board of her at 4s. a day. He said we could not work on her at 4s. a day, but if we went to work on her at all we must join the ship, the wages to be £15 16s. a month, and we were to sign for three years. We told him we should not join her. He said he would pay our passage back to London. We remained all Saturday night, and went to the British consul and told him how we had been served, but he would have nothing to do with us. The captain of the steamer Rainbow allowed us to sleep on board that night, and on Sunday morning we went on shore to see when we were to be sent back. One of the officers of the Rappahannock met us and asked where we slept. We told him. Asked him for food, and went with him to the quay by the side of the Rappahannock. We were afraid to go on board, as, if we had, we feared we should have been detained, or put in irons or something. We stayed there about two hours, then went and sold some of our clothes and bought food; afterwards we saw the captain of the steamer, who told us that he would not take us back unless he had the money first. We then went back to the Rappahannock, and appearer Smith went on board. The first lieutenant would have nothing to do with us unless we joined the ship. Smith got ashore and we were going away, but were called back. The first lieutenant said, considering that Seymour had sent us, he would pay our passage back to London. We asked him about food, as we told him we were hungry. About half past four one of the officers came on shore and went to the steamer Rainbow and saw the captain. He brought three tickets on shore and gave them to us, and told us the steward would provide us with food. We went on board the steamer, had some food and returned to London. After we arrived in London we went down to Seymour’s about our discharges, and to see if we could get paid. We were told he was at Newcastle.
There was no other American steamer at Calais. The only steamers there were the Dover and the Calais packet-boats, two of the London packets and a French gunboat.
EDWARD SMITH.
D.CONNELL.
JAMES GRACE.
Sworn by all the deponents at my office, No. 37 Nicholas lane, in the city of London, this the 12th day of April, 1864, before me,
[Untitled]
We agree, all of us that sign this agreement, firemen and sailors, steward and cook, to go to Calais to work on board the American steamship Rappahannock, [Page 648] to have 4s. per day, cook and steward the same; sailors to have 3s. per day and all to have victual and passage money, to be paid by John Seymour. All of them to work for seven days.
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[Untitled]
I, James Graham, of Liverpool, fireman, do solemnly and sincerely swear, that I left Liverpool, with eight others, on the 7th of February, for a voyage to the East Indies, having been engaged by James Cunningham and Joseph Buchanan, engineers, of Liverpool, who informed us the steamer was lying at Gravesend, and that we were to go to London by train, and thence to Gravesend to join her. there. We were well plied with liquor, and at 11 o’clock at night went to the station at Line street to meet them, our wives going with us to receive our month’s advance, which they promised to pay them. We were to have £6 10s. per month. After we had all arrived at the station, we were hurried into the carriages, more drink was given to us, and no notice taken of the advance. On arrival in London we were taken in cabs to another railway, again plied with liquor, taken to Dover. When there I asked Mr. Cunningham what game he was up to. He said you are going on the steamer, as it is the tender of the ship lying off the harbor. We went on the steamer and were taken to Calais; a great number of persons came to look after us, and we were guarded until we were put on the Rappahannock. On arriving on board, Mr. Cunningham handed us over to the captain. Both Mr. Buchanan and Mr. Cunningham looked after us until then. The captain said to us as we had had a long journey he would see us to-morrow. We were all rather stupid from drink. He gave Shrouder twenty francs to spend among us; and on the next day we were called into the cabin to sign articles. They were not read over to us. The captain asked us all if we were ready to enlist. We told him no; we came as firemen. We were then told to sign our names, and that the wages were to be £6 19s. 10d. per month, with £10 bounty. We were to have advance notes three days after we signed, so as to send them to our wives. They were to be paid at Messrs. Jones & Co.’s, ship brokers, Liverpool. We did not get these notes, and Shrouder was put in irons for asking for them. The treatment we received was very severe. If the least word was said, either a pistol was placed at our heads, or we were put in irons. After six of them (the men from Liverpool) had ran away, I looked out for the first opportunity to leave the ship. On Thursday last, 31st March, at half past 5 o’clock, I got liberty and went on shore. I was to return on board the following morning, at 8 o’clock. I did not return. They finding that I was trying to get away, the doctor, Mr. Newton, and Mr. Wilson, midshipman, watched me, and when entering a public house one of them struck me with a life-preserver and knocked me senseless. I was taken to some house, and on recovering found myself on a bench, and Mr. Newton was watching me. I asked for a drink of water, and when he went to give it to me I knocked him over and ran away. I went to the Ship hotel, and the landlord stowed me away in the back kitchen until Friday afternoon, the 1st of April; I, with another man, then walked away on the Boulogne road, and was [Page 649] picked up by ths diligence. On arrival at Boulogue we went on board the boat for Folkestone, and arrived in London on Saturday evening. When I was struck by the officers, they severely injured my left shoulder, and brought blood from behind my right ear. I have not been able to lift my left arm since. My clothes were all covered with blood. I would never have gone on board had I known what she was. Mr. Buchanan, who had worked with me before, recommended me to go. He said she was for India—lying at Gravesend; the voyage was for twenty-four months. Several men from Portsmouth joined the ship at different times—two are still on board. They will take any one that comes, and when once on board they are very badly treated. The provisions are bad, and the officers treat the men like dogs. The men from Portsmouth came from her Majesty’s steamer Trafalgar; one left some time back. Man-of-war’s-men are told all sorts of things to induce them to join. I received a £2 advance note after I had been on board about three weeks. It was paid by Samuels & Co., of Liverpool, an exchange office. I had five francs given me for drink when I came on shore.
JAMES GRAHAM.
Sworn by the deponent, at my office, No. 5 White Hart court, Lombard street, in the city of London, this 4th day of April, before me,
[Untitled]
I, James Graham, of Liverpool, fireman, do solemnly swear, that the half-pay note attached, signed by Joseph Buchanan, in the presence of William V. A. Campbell, and dated the 22d February, 1864, is of the true and proper hand-writing of the said Joseph Buchanan and William V. A. Campbell. I have seen Captain Campbell sign his name several times. He signed the drafts for £2 that were given to each of the Liverpool men after we had been three weeks on board. I have seen Joseph Buchanan write often, having worked with him, and I solemnly swear, to the best of my knowledge and belief, the signature attached to the half-pay note is in Joseph Buchanan’s handwriting, and also that Captain Campbell signed the two certificates of appointment of Joseph Buchanan and Alexander Bradshaw, and the said half-pay note.
JAMES GRAHAM.
Sworn by the deponent, at my office, No. 5 White Hart court, Lombard street, in the city of London, this 4th day of April, 1864, before me,
[Untitled]
Sir: You are hereby appointed 3d assistant engineer in the Confederate States navy, from the 7th day of February, 1864.
Respectfully,
William Alexander Bradshaw.
[Untitled]
Sir: You are hereby appointed 3d assistant engineer in the Confederate States navy, from the 7th day of February, 1864.
Respectfully,
Mr. Joseph Buchanan.
[Untitled]
I, Joseph Buchanan, 3d assistant engineer on board the Confederate States vessel-of-war Rappahannock, commanded by W. V. A. Campbell, lieutenant commanding Confederate States navy, do by these presents allot thirty dollars per month of my pay for the support of my family. And I do hereby appoint Messrs. Jones & Co., ship brokers, Liverpool, my attorney, to receive, for that purpose, from the navy agent at the port of Liverpool, England, the said sum of thirty dollars monthly, for the term of twenty-four months, the first payment to be made on the thirtieth day of April, 1864.
In witness whereof, I have hereunto set my hand and seal the twenty-second of February, 1864.
JOSEPH BUCHANAN. [seal.]
In presence, and with the approbation of,
WILLIAM V. A. CAMPBELL, Lieutenant Commanding, Confederate States Navy.
Registered by
[Untitled]
I, Charles Bennett, able seaman, of Plymouth, England, do hereby truly, sincerely, and solemnly swear, that I left London, with about thirteen others, by railway from London bridge to Dover, thence by steamboat to Calais, about the latter part of November, and joined the steamship Rappahannock there as able seaman. I was not aware what kind of ship she was until I arrived on board. I signed articles to join the steamship Scylla, at £3 15s. per month, in the Downs, for a voyage to the West Indies and back. This agreement was made at Scott’s public house, in Gravel lane, Tower hill. I do not know the man who shipped me. Had I known that the ship was a confederate man-of-war, I would not have signed articles to join her.
After I was received on board, it was three days before I commenced work. Then the best part of the men who brought her from Sheerness left her. Four riggers then came on board, and commenced fitting the ship, cleaning out the tanks, shell-room, magazines, and all the other rooms. The stores, such as rum, flour, bread, rice, peas, sugar, and sundries, were then sent on shore to a private store. Four days after that some boiler-makers came from Sheerness to work on board, and commenced taking old tubes out and repairing the boilers. I with the seamen then commenced our regular work, putting things to rights on deck and aloft. Some days after that a report came to the ship that two United States frigates were in sight. Mr. Graves, the first lieutenant, said the vessel lay too much in sight, and it was shifted further back into the harbor. The old fan was removed from the Rappahannock and a new one put into her. We [Page 651] then received stores, consisting of clothing, shoes, ribbons, and sundries. About three weeks ago, ten of us were sent on shore to get some cases that had been received from England by the steamer. I was leading hand, and ordered to often them. They were opened, and contained bull-rings, pieces of brass made to fit on the deck for the guns to travel in, enough for ten guns, and some copper fighting bolts. These are what the gun rests on, to allow them to turn any way while in use. The funnels have been fitted so as to lower with crutches on deck. The bolts and bull-rings were taken on board, and stowed away in the gunner’s store-room. A roll of cloth was then taken on deck, and the magazine screens cut out. For several days afterwards nothing was taken on board but small fittings. On Wednesday, 10th February, three engineers and six firemen came on board, and in the evening the fires were lighted and banked up, and we were told if it was foggy she would go out that night to Cherbourg, where the remainder of her crew were waiting to come on board. The fog, however, cleared away and we did not go out. On Saturday evening, 13th February, at half past six o’clock, I watched the port side of the deck—the side nearest the shore; and as the officer knew that I had tried to desert from the ship before, he sent me on the other side of the ship. As he walked aft, I jumped over the bow, took the end of a rope and lowered myself into the water. I swam to a little boat that was lying the other side of the pier, landed, and ran as hard as I could away. At half past ten o’clock I went on the mail-boat that was going to Dover, and as there was no one awake on board, I went below and stowed myself away under hatches. On arrival at Dover, having no money, I sold my clothes to pay the passage over, or the boat would have taken me back again, and came to London. I never intended stopping on the Rappahannock after I knew she was a confederate ship-of-war.
his
CHARLES × BENNETT.
mark.
Sworn by the deponent, Charles Bennett, at my office, No. 37 Nicholas lane. &c., &c., &c.
[Untitled]
I, Robert Dunn, of Sheerness, boiler-maker, do hereby truly and solemnly swear that I went to Calais and joined the ship Rappahannock as fireman. I had previously called upon Mr. Rumble three times, as I heard he was shipping hands for her, and he had sent some of my shipmates and paid their carriage to Calais, but I was not able to see him. On arrival at Calais I saw Gifford and the other boiler-makers sent by Mr. Rumble; they had been working all night drawing tubes. Gifford told me Mr. Rumble gave him £15 to pay their passage over, and he (Gifford) told me if I had seen Mr. Rumble he would have paid my passage. I remained on board three days before I signed articles, and my time was dated back to the 1st of December at £5 19s. 10d. per month as fireman, and we were to share prize money as the prizes were taken. Upon the day I shipped, five men came from Sheerness and joined the Rappahannock. They were all from her Majesty’s ship Cumberland. Two had deserted and the other three had been discharged, Mr. Rumble having bought their discharges for them. Mr. Rumble gave them the money to buy them out of the service a week before, and at the time the ship lay at Sheerness they told me how they could have duped Mr. Rumble if they saw fit. Robert Crickmore was the man that Mr. Rumble gave the money to buy the discharges for himself, Reuben Knight, and Murrens. This was at Sheerness pier-head. Robert Crickmore [Page 652] said this openly on board, and so did the other men several times. A marine who had deserted, afterwards joined as a coal trimmer. The day after, Mr. Rumble came on board the Rappahannock about twelve o’clock midnight, and he asked Mr. Ramsay if those fellows had come on board. Mr. Ramsay said, “Yes, all right.” I was in the engine-room and was coming up to report all’s well, and heard this conversation; and Mr. Rumble added, “I must be off by daylight in the morning.” Four or five days afterwards I saw Mr. Rumble again, and I told Gifford I had seen him. He made answer, he “wished he had seen him, as they were getting very short of money.” A gang of men, boiler makers, fitters, came from Mr. Rennie’s after the Sheerness boiler-makers had left, and commenced repairing boilers, putting in new tubes, &c. While they were on board some packing cases were received from the shore; they were taken on board and unpacked. They contained brass slides, pivots, and galvanized iron ring-bolts for gun-slides. They were stowed away in the steerage, and were not to be placed in their proper places on deck until after the vessel left Calais. The treatment we received on board was very bad. I was promised by Captain Campbell that my wife should receive money out of my bounty during the time we remained at Calais, and half-pay so soon as it became due. She only received £2, and when I asked him to send some more he threatened to boot me. I saw Mr. Graves a week afterwards about the same subject, and he said he would put me in slave irons if I came aft any more about money. After I had been on board six weeks I received a half-pay check for £2 17s. 1d., payable at Mr. Howe’s Fountain Inn, Sheerness, and on 10th February I received another half-pay note for £2 16s. 10d., payable at the same place. On one occasion, while I was asking for my right about sending money to my wife I was put in irons and kept so for twenty-four hours; and on another occasion, while asking the same questions, they threatened to put thumb-screws on me. On the 12th of February I made my escape from the ship in consequence of the treatment I received, and as I thought my wife would not get the half-pay, as the notes were sent to Liverpool and returned unpaid, and afterwards a check was given and paid at Mr. Howe’s Fountain Inn, Sheerness. These checks were drawn on Haggard & Co., Cheapside. There were on board slave irons in great numbers, and revolvers; and the men on board were constantly in irons and threatened with revolvers; in fact, none of the men will stop if they can get away. There were only about twelve men and boys on board when I left.
After I returned to Sheerness Mr. Rumble sent for me on the 15th of February last, and asked me if I knew whether Mr. Ramsay wore his uniform before he went to London or afterwards. I told him after he had been to London, so far as I knew. He asked my reason for leaving the Rappahannock. I told him it was the consequence of the bad treatment I received, and I could not see my way clear for leaving half-pay to my wife. He said he was sorry I had left. I thought the Rappahannock was a blockade runner; had I known she was a confederate man-of-war I should not have joined her.
ROBERT DUNN.
Sworn at my office, No. 5 White Hart court, Lombard street, in the city of London, this 29th day of February, 1864.
[Untitled]
I, Ludwig Kretschmar, do truly, solemnly, and sincerely swear, that I was boarding at John Seymour’s, Wellclose square, and in the second week of February I signed articles at Seymour’s to join the steamship Florida at Brest, a [Page 653] £6 per month wages, with a bounty of £10, and 5s. a day while the ship remained in port. I was told I should be supplied with clothes and all other necessaries, so I sold what I had and spent the money. Two days afterwards I was taken on board (with seventeen others) the steamer bound for Calais. On arrival at Calais we did not know where to go. A man then came from the confederate steamer Rappahannock and told us to come on board. We refused, as we were ordered for Brest. Finding we had nowhere to go, and being told that we were intended for the Rappahannock, we went on board, and on the following day the captain came to us and said he would pay us the bounty and wages at sea, and would pay our debts. As we wanted money we objected, and he told us we should have no food unless we stayed by. We all refused, and were put on board the Calais packet bound for Dover, from whence we had to beg our way to London. The Austrian consul put us in a boarding-house and paid part of our passage to Dover, the remainder being paid by the French police.
LUDWIG KRETSCHMAR.
Sworn at my office, No. 5 White Hart court, Lombard street, in the city of London, this 4th day of March, 1864.
JOHN J. ANDREW, A London Commissioner, &c., &c., &c.
We, Frederick Strandt, Joseph Trunick, Franz Junger, John Parell, and Henry Jesser, do truly, solemnly, and sincerely swear to the truth of the foregoing statement. We were all shipped by John Seymour at Wellclose square for the ship Florida, lying at Brest, and all went to Calais at the same time, and returned with him to Dover.
FREDERICK STRANDT,
JOSEPH TRUNICK,
FRANZ JUNGER,
JOHN PARELL,
H. JESSER.
Sworn by the above-named five deponents at my office, No. 5 White Har, court, Lombard street, city of London, this 4th day of March, 1864, before met
Deposition of Thomas Monk.
I, Thomas Monk, of Portsmouth, Hampshire, England, do truly and solemnly swear, that about eleven months ago I was engaged by a stranger, at Portsmouth, to go to New Haven, and from thence by steamer to the French coast, and ran alongside the confederate steamer Georgia, and on arriving on board I joined her as quartermaster. There were three other men taken from New Haven at the same time, and the steamer had guns and ammunition for the Georgia. They were taken on board as we lay off the coast.
The Georgia went to sea as soon as we had received the guns, and cruised towards the Cape of Good Hope. On the passage she took eight American ships, burned three of them and bonded the other five. After we arrived at the Cape, we returned to France, and went into Cherbourg for repairs. No ships were burnt on the return passage, but one was bonded. After we had been at Cherbourg some time, I was sent to the Rappahannock, at Calais, and then I returned home. While I was in the Georgia I received for the first six months £5 10s. per month, and afterwards £6 per month; my wife receiving the half-pay [Page 654] at Portsmouth, by post office order from Mr. Jones, of Liverpool. That was received regularly while I remained on the ship.
I remained at Portsmouth, on leave, for a week, and then joined the confederate steamer Rappahannock, at Calais, as boatswain, at £18 per month. Half was to have been paid to my wife by the same Mr. Jones, of Liverpool; but she did not draw any. I joined her about five weeks back, and stayed on board until I received my discharge, on the 7th March. I applied for it, as I found it impossible to remain on a ship that was conducted like the Rappahannock—the captain and chief officer always creating some unpleasantness on board; and I did not like to remain on a ship that was intended to burn and destroy merchant ships, unarmed and defenceless.
When I signed articles on board the Rappahannock, I made an arrangement with the purser respecting the half-pay to be paid to my wife at Portsmouth, which was also to be paid by Mr. Jones, of 28 Chapel street, Liverpool.
his
THOMAS + MONK.
mark.
Witness to the mark of Thomas Monk—
Joshua Munn.
Sworn at my office, No. 4 Nicholas lane, Lombard street, in the city of London, this the 15th day of March, 1864, by the deponent, Thomas Monk.
J. WILKINSON, A London Commissioner, &c., &c.
The witness to the mark of the deponent being first sworn that he had truly, distinctly, and audibly read over the contents of the above affidavit to the said deponent, and that he saw him make his mark thereto. Before me,
Deposition of James Conner.
I, James Conner, do solemnly and truly swear that on Sunday afternoon, the 7th February last, I, with eight others, viz., James Graham, John Dow, Thomas Shrouder, Walker Dixon, John Pratt, Thomas Welch, Thomas Woods, and William Friend, were sent for to go to Major’s public house, in Athol street, Liverpool. On going there we were met by four engineers, citizens of Liverpool, viz., William Bradshaw, Joseph Buchanan, and Messrs. Coats and Cunningham. Mr. Cunningham appeared to be the leader and spokesman of the other engineers. We were taken into a private room where liquor was abundantly provided. We were asked by Cunningham if we wanted a good ship and good pay. We asked for some particulars, and were told the ship was in London and was going to Nassau to run the blockade, and that our pay would be £6 10s. per month, and that half-pay for cur families could be drawn in Liverpool. We were told we were to sign articles in London. We left the same night for London, and on arrival were taken in cabs from Euston square station to a public house outside the station, and from thence to the railway for Dover, and by the boat to Calais. On arrival at Calais, Cunningham said, “I have done with you now,” and that he would turn us over to the captain. He took us on board the Rappahannock and left us there. The captain of the Rappahannock asked us if we wanted to enlist. We told him we did not come to list; we came as firemen, not as soldiers. He then said he would settle with us to-morrow, or the next day, and gave us a twenty-franc piece to get some drink with; and further told us that he would give us (10s.) ten shillings a [Page 655] month more than Mr. Cunningham had promised us at Liverpool. We left the ship and returned the same night on board, and the next morning the captain promised us he would send half-pay notes on to Liverpool in a day or two, to be paid at Messrs. Jones & Co., Chapel street, Liverpool, and (£10) ten pounds bounty to be paid twenty-four hours after we left, port. We then signed articles. Something was read to us, but it was impossible to understand one word of it. We were then set to work cleaning engines and other regular work. After working two or three days we complained about the meat. It was short in quantity, and not what we were in the habit of having in port—being salt beef and pork. The captain put a revolver to my head and swore he would shoot me or any of them who complained again. I and five others were put in irons, hands and feet, and kept so for seven days and nights for daring to make any complaints. We were afterwards sent to work again below; the steam was got up and the fires banked. I do not think they would have taken us out of irons if they had not wanted to get the steam up. The steam was got up two or three times during the next four or five days, and the fires were kept banked up all the time. I made two or three attempts to leave the ship, as I could not stay in her. I and others wrote to Captain North, at the Old Sailor’s Home, Liverpool, and to Captain Packham, of the New Sailor’s Home, Liverpool, and asked them to get us away. We told him how we had been deceived, and that instead of a blockade-runner in London being the ship we were to go in, we had been taken to Calais and put on board the confederate steamer Rappahannock. We never received any answer to these letters. On Sunday, the 20th March, I got ashore and met a friend who promised to pay my passage to London, and as I had no intention of stopping by the ship when I knew what service she was intended for, I was glad of any chance to get away. I left by boat for Dover that same night.
his
JAMES × CONNER.
mark.
Witness to the mark of James Conner—
Joshua Nunn.
Sworn by the deponent, James Conner, at my office, No. 5 White Har court, Lombard street, in the city of London, this 21st day of March, 1864; the witness to the mark of the deponent being first sworn that he had truly, distinctly, and audibly read over the contents of the above affidavit of the said deponent, and that he saw him make his mark thereto. Before me,
Deposition of John Ford.
I, John Ford, of Portsmouth, able seaman, do hereby truly, sincerely, and solemnly swear that, on Thursday last, March 13, I was in Dover, and when on the pier I was asked by a man who appeared to be a waterman, if I wanted a ship. I said I did. He said he could find me one. I asked what ship she was. He did not inform me, but told me to meet him on the next evening, between 10 and 11 o’clock, at the corner of Swargate street, and he said he would put me across. I went there at the time appointed, and met him. He paid my passage to Calais, and told me to go down the pier and I should see a ship (steamer) that was very like an American ship, and that I was to go on board. He gave me two (2) shillings, and told me to go to the Dover Castle, as I should not be able to go on board until the morning. The next morning I went on board the Rappahannock, and the officer on deck asked me what I [Page 656] wanted. I told him I wanted a ship, and that I was sent down to her. He said the captain was not there at present; he was gone to Paris; but that I could remain on board if I liked until Monday. On that day I signed articles in the cabin; but I did not know the nature of the articles, or the voyage, until after I had signed. The agreement was afterwards read to me. It was to serve during the present war, at the rate of $22 per month, and £10 bounty to be paid twenty-four hours after the ship left port; and there were some remarks in the articles about burn, sink, or destroy the enemy’s ships. I then asked for two hours’ leave, and the captain said I might have up to 7 o’clock. I returned about 7½, and the captain threatened to put me in irons, as I had only signed articles; so I jumped off the rail and ran up the pier and escaped. I returned to the Dover Castle and at night went on board the boat and returned to Dover. I should not have gone had I known what ship she was. I thought she was an American ship, and not intended as a ship-of-war. The man at Dover, who paid my passage to Calais, was an Englishman. I should know him again if I met him.
JOHN FORD.
Sworn at my office, No. 5 White Hart court, Lombard street, in the city of London, this 21st day of March, 1864.
Deposition of Thomas Shrouder.
I, Thomas Shrouder, of Liverpool, leading stoker, do hereby solemnly and sincerely swear, that on the 7th February I was engaged at a public house, at the corner of Athol street and Scotland road, by Mr. James Cunningham and Joseph Buchanan, engineers, for a voyage to the East Indies, at £6 per month wages. The ship was lying at Gravesend. I was to go to London by train, and from thence to Gravesend. And eight others went with me. We were plied with drink. And at eleven at night were to be at the station in Lime street. And our wives were to receive a month’s pay. On arrival there we were hurried into the train, and having drunk freely, did not know where we were until we arrived at London. Our wives did not get a farthing, and we were not allowed to see them. After arrival in London we were put into four cabs and taken to London bridge, (as we learnt afterwards. We did not know ourselves.) We were taken to a coffee and public house there, and had a drink at the bar. Were then put into the train and sent to Dover, and then bundled on board the packet-boat, and landed in France. On arrival at Calais we were taken on board a steamer. We did not know her name then, or what she was, but found afterwards she was the confederate steamer Rappahannock. After we had been put on one side of the deck, the captain came and asked us if we wanted to enlist. James Graham, one of the stokers that left Liverpool with us, answered, “We did not come to list. We were engaged at Liverpool as stokers, for a ship lying at Gravesend, bound for the East Indies.” The captain said, as we were all the worse for drink, we had better have our grub and grog on board. And he asked the crew what sort of treatment they got. The crew would not give their opinion, and we found out afterwards the reason why they would not was, they were afraid if they told the truth, and we complained, they would be put in irons. We told the captain we wanted to go on shore that night; so he gave me twenty francs to give the lot of us a run up town. I, James Graham, John Dow, and Walker Dixon stayed on shore all night, and in the morning, after having had from eight to ten glasses of brandy [Page 657] each, we were taken down to the cabin to sign. No articles were read, but we made our own agreement, and swore to stand by our own agreement, and nothing more. He wanted us to swear allegiance to the confederacy, but we declined. Our wages were to be paid monthly, at £6 19s. 10d. per month, and we wanted a month’s advance, but were promised’ £10 instead, to be paid three days afterwards. Our half-pay notes were to be given us at the same time, so that we might send them to our wives at once. They were to be payable at Messrs. Jones, Higgens & Co., Chapel street, Liverpool. When the time was up, I asked for the note and advance, and was put in irons, hand and feet, and kept from that day, 12th of February, to the 5th of March, (twenty-two days and six hours in irons.) The captain wanted me to make an apology. I would not. He said that he would try me by court-martial so soon as the ship was at sea, and swore he would shoot me if found guilty, and if it lay in his power he would do his best to find me guilty. I remained on board until the 27th, and then got liberty to go on shore, and ran away. Our half-pay was to have been paid regularly every month by Messrs. Jones, Higgens & Co., so long as we remained by her. We were engaged for twenty-four months, and the half-pay notes were made out for that time. None of us should have gone in the ship but for Mr. Cunningham and Mr. Buchanan recommending her to us. They have also left the Rappahannock.
THOMAS SHROUDER.
Sworn at my office, No. 5 White Hart court, Lombard street, in the city of London, this the 28th day of March, 1864.
[Untitled]
We, Samuel Garland and Thomas Woods, both of Liverpool, firemen, do solemnly swear that we were shipped at the same time, and that all the statements set forth by Thomas Shrouder are true and correct, with the exception of that part about the twenty francs and the time that Shrouder left, we having run away two days before, (Good Friday,) and were concealed until the boat left for Dover. We were both shipped in the same way by Mr. James Cunningham and Mr. Joseph Buchanan, at Liverpool, and our half-pay notes are to be paid at Messrs. Jones, Higgins & Co.’s, Chapel street, Liverpool.
SAMUEL GARLAND.
THOMAS WOODS.
Sworn at my office, No. 5 White Hart Court, Lombard street, in the city of London, this the 28th day of March, 1864, by both deponents.
Depositions.
We, John Dow, John Pratt, and Walter Dixon, all of Liverpool, firemen, do truly and solemnly swear that we were shipped with six others by James Cunningham and Joseph Buchanan, at a public house, corner of Athol street, Liverpool, for a voyage to the East Indies. They informed us that the steamer was lying at Gravesend waiting for firemen, the wages to be paid at the rate of £6 10s. per month. We were all well treated with drink, and they promised that our wives should have the month’s advance if they came with us to the station, Lime street, Liverpool, at 11 o’clock; but instead of our wives getting [Page 658] any money, we were all hurried into the train and more liquor given us in London. We were taken in cabs to the station for Dover, and on arrival there were put into the steam packet for Calais; after we had arrived at Calais, we were taken on board the steamer Rappahannock, and in the morning asked if we wanted to enlist. Graham, one of us, said that we came as firemen or stokers, and not as soldiers. We were then ordered to sign articles. They were not read over to us, but we were to have £6 19s. 10d. per month and £10 bounty instead of advance, which was to be paid in three days. Our half-pay notes were to be paid to our wives in Liverpool for twenty-four months, by Messrs. Jones, Higgins & Co., Chapel street, Liverpool. After remaining on board about seven weeks, and as the provisions were bad, and we were treated more like dogs than men, we left the ship, leaving our clothes on board. None of us would have gone to her had not Messrs. Cunningham and Buchanan deceived us. They told us she was for India. Had we known she was a ship-of-war for the confederates we would not have gone at all.
JOHN DOW.
JOHN PRATT.
WALTER DIXON.
Earl Russell to Mr. Adams.
Sir: I have the honor to acknowledge the receipt of your letter of the 16th instant, enclosing copies of a letter from the United States consul in London, and of the depositions of twenty-one persons relative to the enlistments stated to have been made at various places in this kingdom for the so-styled confederate government, and to state to you that these papers shall be considered by her Majesty’s government.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Charles Francis Adams, Esq., &c., &c., &c.
[Untitled]
COURT OF QUEEN’S BENCH, WESTMINSTER, APRIL 25.
THE QUEEN vs. RUMBALL.—CASE OF THE RAPPAHANNOCK.
Before the court sat to-day in banco Mr. Justice Crompton charged the grand jury of Middlesex. Generally this is an affair of mere form, as bills are merely preferred before them. But on this occasion there was a case of great importance, in which it was expected that an indictment would be preferred, the case of the Rappahannock, the vessel purchased and fitted out for the confederates some time since.
The ship had, it may be recollected, belonged to the admiralty, and was sold by them last year, and was purchased by certain persons on the part of the confederate government, and the defendant was said to have, been concerned in getting her refitted and sent to Calais, and also in getting men to embark on [Page 659] board of her with a view to their enlistment in the confederate service when they reached Calais. There was, it may be remembered, a preliminary inquiry as to the conduct of the defendant, Mr. Rumball, and the result was that the case was sent here for trial under the foreign enlistment act, and we understand that an indictment is being prepared, and was to be preferred at this sitting, but it was not quite ready and was to be preferred at the next. Knowing it was to be preferred, it became the duty of the learned judge to notice the case in his charge, and to direct them as to the law. The case, it will be observed, arises under the same statute as that to which the cases of the Alabama, the Alexandra, and the steam rams relate, and the main interest of the charge on the present occasion was in its indicating the opinion of the learned judge on the great question as to the construction of the act which divided the court of exchequer in the case of the Alexandra. Upon that question it will be seen the learned judge has declared his adhesion to the law as laid down by Mr. Baron Channell, one of the two barons who decided in favor of the crown.
After the grand jury had been sworn, the learned judge addressed them at considerable length with reference to this case. He said that a question of great importance was to come before them under the foreign enlistment act, but, as the evidence was not yet complete, and the indictment was not yet to be preferred, it would be premature to enter into the observations of the learned judge upon the facts. As regarded the construction of the act, he commented, in the first instance, upon the first section with reference to enlistment, which enacts that “if any person whatever” (foreigner or British subject) within the United Kingdom, or any part of her Majesty’s dominions elsewhere, shall here retain, engage, or shall attempt or endeavor to hire, retain, engage, or procure any persons whatever to enlist, or enter, or engage to enlist, or serve, or to be employed in the service of any foreign power, &c., as a soldier, sailor, &c., either for or under or in and of any foreign power, &c., or to go, or to agree to go, or embark from any part of her Majesty’s dominions, for the purpose or with intent to be so enlisted or employed, &c., every person so employed shall be guilty of a misdemeanor. Commenting on this enactment, the learned judge observed that it appeared to him that the hiring or agreeing to retain must be in the United Kingdom or other dominions of her Majesty, and that if the person went abroad into a foreign country, and there prevailed upon a man to enlist in the service of the belligerent, that would not be a breach of the act. The question, then, would be whether the grand jury were satisfied that the defendant, either directly or indirectly, whether personally or as one of a party, either alone or by his agents, they being engaged in one common design, and acting in pursuance of that design, did in this country enlist, or procure, or attempt to retain or procure any persons to enlist, or engage to enlist, or enter into the confederate service; or whether he merely went abroad to Calais and there procured persons to enlist, which would not be any violation of the act. Coming then to the celebrated seventh section, on which the cases of the Alabama, the Alexandra, and the steam rams turn, and which runs thus: That if any person within any part of the United Kingdom, or in any part of her Majesty’s dominions, shall without her leave equip, furnish, fit out, or arm, or attempt or endeavor to equip, furnish, &c., or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any ship or vessel with intent or in order that such ship shall be employed in the service of any foreign state, &c., or shall within the United Kingdom issue or deliver any commission, &c., such person shall be deemed guilty of a misdemeanor,” the learned judge observed that this section had raised great doubts in very learned minds, but he was disposed to agree in the judgment of Mr. Baron Channell in the case of the Alexandra in the exchequer; and his view was that if the equipment was of such a nature as to make the vessel more available for warlike purposes, that would be sufficient to justify the grand jury in finding a true bill. Of course [Page 660] that must be done in this country, and there was no dispute that, as to the equipment, whatever was charged had been done here. If, then, the grand jury thought that there had been in this country either such a hiring or endeavorring to hire, or such an equipment or attempting to equip, as he had explained, they ought to act on that view of the law for the purpose of finding the bill, leaving the court to deal with such question of law as might arise on the trial of the indictment. With reference to the evidence the learned judge said he believed that there would be other evidence than that contained in the deposition; and, in point of fact, as already stated, the bill not being ready, was not preferred at this sitting, and will be preferred at the next, on the 4th of May.
The delivery of the charge occupied a considerable time, but, for the reasons already given, the above is all that is necessary to say of it.
Sittings in Banco, before the Lord Chief Justice, Mr. Justice Blackburn, Mr. Justice Mellor, and Mr. Justice Shee.
The court took motions, and the first case moved was one which has a connexion with the one above mentioned, but, as it practically in all probability may involve several lives, it is one of far deeper interest. It was the case of the confederates who are now in custody at Liverpool on a charge of piracy alleged to have been committed on the seizure by them of the federal schooner the Gerrity, in November last, and who, if the court do not interfere, will be delivered over to the American authorities under the extradition treaty act, to be tried in America as pirates.
IN THE MATTER OF FERRAN AND OTHERS.—THE CASE OF THE CONFEDERATE CREW.
This was an application on behalf of several men now in jail at Liverpool on a charge of piracy for a writ of habeas corpus to bring them up with a view to their discharge from custody under the following circumstances, as disclosed in the information and sworn depositions on which the men were detained. In November last there was a schooner, the Gerrity, of New York, lying at Matamoras, bound to New York. Before sailing, a number of men engaged passage to New York, and among these were the prisoners. On the voyage these men seized the master and the crew, telling them at the same time, “You are to consider yourselves confederate prisoners.” This was fifty miles away from land, in the Gulf of Mexico. They sailed to the coast of Yucatan, and there cast the crew of the schooner adrift in a boat. Among those who seized the vessel was one Hogg, who was called a major, and said to be in the confederate service, and who told the master of the schooner that he “had proper documents to justify the act.” The master of the schooner himself admitted that he had heard that Hogg was a major in the confederate service and believed him to be so, and he also stated that “Hogg was the leader of the party,” and that the others acted under his orders; and the others said that they were engaged by a Major Hogg, of the confederate army, and that Hogg showed them documents signed by a General Bee, saying that they were granted by Jefferson Davis to justify what they did. So that it seemed pretty plain that the men, at all events, believed they were acting for the confederate government. The ship was taken to Belize, but what became of her did not appear. In February last the prisoners, some of the men who had seized the vessel, were found to be in this country, and thereupon, on the 15th of February, Mr. Adams, the American minister, made a requisition to Sir George Grey, as secretary of state for the home department, to have them delivered up under the extradition treaty of [Page 661] 1842. And accordingly, on the 20th of February, Sir George Grey issued his warrant under that act for their apprehension and detention. The warrant (which was read to the court) was in these terms:
“To her Majesty’s justices of the peace, and other magistrates and officers of the peace in and for the borough of Liverpool, and to all other her Majesty’s justices of the peace and other magistrates and officers of justice within the United Kingdom of Great Britain and Ireland:
“Whereas on the 15th day of February, 1864, in pursuance of a treaty between her Majesty and the United States of America, made on the 9th day of August, 1842, and ratified on the 10th day of October, in the same year, and of an act of Parliament passed in the session holden in the 6th and 7th years of her Majesty’s reign, entitled ‘An act for giving effect to a treaty between her Majesty and the United States of America for the apprehension of certain offenders,’ a requisition was made by Charles Francis Adams, esq., the United States minister at this court, to deliver up to justice certain persons called or known by the names of James Clement, T. Wilson, Daniel O’Brien, and —— Kelly, charged with the crime of piracy on board the schooner Joseph L. Gerrity, of New York, within the jurisdiction of the United States of America:
“I, therefore, the Right Hon. Sir George Grey, Baronet, one of her Majesty’s principal secretaries of state, do hereby, in pursuance of the power and authority given to me, as such secretary of state by the said act, require you and all of you within your several jurisdictions to govern yourselves accordingly, and to and and assist in apprehending the said James Clements, T. Wilson, Daniel O’Brien, and —— Kelly, and committing them to jail for the purpose of their being dealt with according to the provisions of the said treaty, and delivered up to justice pursuant to the said act, if found to be within the same.
“In witness whereof I have hereunto set my hand and seal this 20th day of February, 1864.
“G. GREY. [l.s.]”
The extradition treaty act of 1843, 6th and 7th Victoria, cap. 76, recites that “by treaty between her Majesty and the United States it was agreed that the authorities respectively should deliver up to justice all persons who, being charged with the crime of murder, or piracy, or arson, or robbery, or forgery, committed within the jurisdiction of either of the contracting parties, should be found within the territories of the other, provided that this should be done only upon such evidence of criminality as would, according to the laws of the place where the fugitive should be found, justify his apprehension and commitment for trial, if the crime had been there committed, and then it proceeds to enact that in case requisition shall at any time be made by the authority of the United States, in pursuance of and according to the treaty, for the delivery of any person charged with the crime of murder, or with the crime of piracy, or arson, or robbery, or forgery, committed within the jurisdiction of the United States of America, it shall be lawful for one of her Majesty’s principal secretaries of state, by warrant under his hand and seal, to signify such requisition, and require all justices to and in apprehending the person accused and committing such person to jail, for the purpose of being delivered up to justice, according to the treaty; and thereupon it shall be lawful for any justice of the peace, &c., to issue his warrant for the apprehension of such person, and to commit the person so accused to jail, there to remain until delivered, pursuant to such requisition.” It was under this act that Sir George Grey had issued his warrant. The men were found to be at Liverpool, and Mr. Raffles, the magistrate there, on the 23d of February issued his warrant for their arrest. The warrant, which was read to the court, ran thus:
[Page 662]“Borough of Liverpool.—To wit.
“To the constables of the said borough, and to all peace officers of the said borough:
“Whereas the Right Hon. Sir George Grey, one of her Majesty’s principal secretaries of state, by a warrant under his hand and seal, dated the 20th day of February, 1864, hath signified to me that, pursuant to the treaty made between her Majesty and the United States of America, in the year of our Lord 1842, and of an act of Parliament, passed in a session holden in the sixth and seventh years of her Majesty’s reign, entitled ‘An act for giving effect to a treaty between her Majesty and the United States of America for the apprehension of certain offenders,’ a requisition was made to deliver up to justice James Clements, T. Wilson, Daniel O’Brien, and —— Kelly, charged with the crime of piracy on the high seas, within the jurisdiction of the United States of America:
“These are, therefore, to command you, in her Majesty’s name, forthwith to apprehend the said James Clements, T. Wilson, Daniel O’Brien, and —— Kelly, pursuant to the before-mentioned act of Parliament, wherever they may be found in England, and bring them before me, or some other magistrate sitting at this court, to answer unto the said charge, for which this shall be your warrant.
“Given under my hand and seal, at the police court at Liverpool, in the borough of Liverpool aforesaid, this 23d day of February, 1864.
“T. S. RAFFLES. [l.s.]”
The men were arrested and lodged in jail at Liverpool under this warrant, which was obtained upon the information of the master of the schooner, one Nicholas, and on the 26th of February the prisoners were brought up before Mr. Raffles, and the master was the main witness against them. After hearing the evidence, it being contended on behalf of the prisoners that as they had acted under the confederate government they could not be deemed to have committed piracy, they were remanded, in order that the magistrate might consider what course he ought to take, and also that the prisoners might have an opportunity of applying to a higher tribunal. In the mean time the assizes occurred, and Mr. Littler, the prisoners’ counsel, applied to Mr. Justice Willes, the senior judge of assize at Liverpool, for a writ of habeas corpus. The learned judge took time to consider the application, and next day said that he entertained a very strong opinion upon the case, and it appeared to him, and no doubt the magistrate would take the same view, that this was a case at which it would be an abuse that the men should be given up to their probable doom without their having the opportunity of taking the opinion of the superior courts. The principle upon which the distinction between pirates and belligerents was based was well known and simple; but in this case it certainly would be highly improper for any magistrate to give up the men without consulting the superior courts. But his lordship did not think proper to grant the writ of habeas corpus to discharge the men, as this court would shortly meet, and he took it for granted that the men would not be delivered up in the meanwhile. Acting, of course, in accordance with the opinion of the learned judge, the magistrate from time to time remanded the prisoners, and on the 23d instant his last warrant of remand was issued, which ran thus:
“Borough of Liverpool.—To wit.
“11th and 12th Victoria, cap. 42, 43.—Warrant remanding a prisoner to the constables of the said borough of Liverpool, and to the keeper of the head lock-up house for the said borough.
“Whereas Warren Quinsey, or Wilson George M’Murdoch or Kelly, and John Tevena or Clements, were this day charged before the undersigned, one of [Page 663] her Majesty’s justices of the peace in and for the said borough, with having committed the crime of piracy on board a certain American ship on the high seas within the jurisdiction of the United States of America, contrary to the statute in that case made and provided, and against the peace, and it appears to me to be necessary to remand the said persons charged:
“These are, therefore, to command you, the said constables, in her Majesty’s name, forthwith to convey the said persons charged to the said lock-up house for the said borough, and there to deliver them to the keeper thereof, together with this precept; and I hereby command you, the said keeper, to receive the said persons charged into your custody in the said lock-up house, and there safely keep them until the 30th day of April instant, when I hereby command you to have them at the police courts in Dale street, in the said borough, at 11 o’clock in the forenoon of the same day, before me or before such other justice or justices of the peace as may then be there, to answer further to the said charge, and to be further dealt with according to law, unless you shall be otherwise ordered in the mean time.
“Given under my hand and seal this 23d day of April, A.D. 1864, at Liverpool, in the borough aforesaid.
“T. S. RAFFLES, [l.s.]
“Exhibited and attached to affidavit of Miles Burton.”
Such was the state of the case, and such its main facts as disclosed on the depositions.
Mr. E. James, Q. C., (with him Mr. Littler,) now moved on behalf of the prisoners for a rule nisi for a writ of habeas corpus, directed to the keeper of the jail at Liverpool, directing him to bring them up with a view to their discharge out of custody. He contended that they were entitled to the writ on several grounds. First, that this act which the prisoners had committed was not piracy; next, that if it was so, it was piracy jure gentium, and so did not fall within the treaty of extradition, which applied only where the offence was committed in the foreign jurisdiction, and could not be tried in England; whereas if it was piracy jure gentium it could be. First, this was not piracy; it was an act done on behalf of one belligerent upon another. Piracy was a felony; this was not so. The facts which, if there was no state of war, might make out a case of piracy, would not make it out when there existed a state of war, and the act was done on behalf of one of the belligerents against the other.
Mr. Justice Blackburn. Does it appear that the commander of these men had a commission from the confederate government?
Mr. James. No, it does not; but that is immaterial. It is enough that they were acting, or believed that they were acting, on behalf of the confederate government; and of that there is ample evidence on the depositions. Piracy being a felony, must be an act done with the felonious intent, with the animus furandi. But here it was obvious that it did not exist. An act done on behalf of a belligerent could not possibly be piracy.
Mr. Justice Blackburn. Does it appear that the prisoners were British subjects?
Mr. James. It is enough for me to say that they do not appear to have been subjects of the federal States. (In point of fact, we believe, one is a native of Alabama and two are British subjects.) It is clear that they professed to be acting for the Confederate States.
The Lord Chief Justice. The application is for a habeas corpus, with a view to their discharge out of custody?
Mr. James. Yes; they are only in custody for the purpose of their being delivered up, not for their trial here. And my second point is, that even if the [Page 664] act was one of piracy, it was piracy jure gentium, and therefore does not fall within the treaty; for the treaty applies only if the offence be one which could not be tried in this country, and must be tried in the foreign country. But if this were piracy jure gentium, then it was an offence triable in our courts in this country, and was not within the scope of the treaty of extradition, which did not contemplate piracy jure gentium, but piracy by the municipal law of the foreign country. In the last edition of Wheaton’s International Law, page 253, the law was thus stated as laid down in the American courts on this very subject: “The courts of New York have had before them a case like this, and have dealt with it not as piracy jure gentium, holding that it could not be piracy, jure gentium, but piracy against their own municipal law.” And in a note the learned writer stated:
“Privateers acting under commissions from the president of the Confederate States were brought into New York and indicted for piracy, and they were tried under a statute which was intended to apply to piracy in substitution for another statute which defined it with reference to the law of nations. The statute embraces also cases of robbery committed on board an American vessel, though they might not come within the definition of piracy by the law of nations. It was admitted that if it were necessary on the part of the government to bring the charge within the definition of robbery and piracy, as known to the common law of nations, there would be great difficulty in so doing; for the evidence showed, if anything, an intent to depredate on the vessels of one nation only— the vessels of the United States—which falls far short of the spirit and intent said to constitute the essential elements of that crime. The statute, however, declares that a person shall be deemed a pirate who commits the crime of robbery on the high seas against any ship or vessel. And the interpretation clause applies it to the case of depredations on American vessels on the high seas under circumstances which would constitute the crime of robbery if committed on land. Upon this the men were convicted, but they were never sentenced, for the conviction led to threats of retaliatory action on the part of the Confederates, and the proceedings were stopped.
Thus, therefore, it appeared, on the judgment of the federal courts, that a case like this was not piracy jure gentium, but had to be judged by the municipal laws of the State, which in this case did not apply, for the act would not be robbery on land. But if the act were piracy jure gentium, then it could be tried in this country, and was not within the extradition treaty: It made no difference, so far as the neutral power was concerned, that the prisoners had no regular commission, even if that were the case; for it was lawful for the subjects of one belligerent to commit depredations on the property and ships of another.
Mr. Justice Blackburn.—Have you authority for that?
Mr. James cited Wheaton, page 627, to show that it was so, and that, though a subject of a belligerent might be punishable by that belligerent for committing acts of hostility on the ships or territory of the other without authority, yet that the act was not on that account piracy.
Mr. Justice Mellor.—You define piracy to be a crime committed against men in general, without any regard to their being belligerents?
Mr. James.—Just so. The pirate is hostis humani generis. But this was an act on behalf of one belligerent against the other. The ship sailed from a Mexican port, and was on the high seas; and the prisoners acted in seizing her for the confederates.
The Lord Chief Justice observed that the act was on board an American ship, and asked if the ship did not carry with it the law, as the soil did?
Mr. James said he denied the application of that doctrine in the present case. The act was not piracy unless it amounted to piracy jure gentium, in which case it was triable here, and the extradition act did not apply, for that act applied [Page 665] only to an offence against the municipal law of the foreign state, which could not be tried here.
Mr. Justice Blackburn hinted a doubt if habeas corpus was the proper remedy.
Mr. James asked what other remedy could there be? The men were in custody for the purpose of being delivered over, and if allowed to be detained for that purpose would be delivered over, and it would be too late to issue the writ when they were on board an American vessel.
Mr. Justice Shee.—You say the habeas corpus is the only course to question the right to detain the men for the purpose of delivery.
Mr. Justice Blackburn said his doubt was whether it would not be lawful to detain them for trial in this country.
Mr. James pointed out that, according to the warrants, they were not detained for that purpose, but for the express purpose of being delivered over to the American authorities, and if their detention was declared lawful, they would at once be delivered up, as the learned judge had observed, “to their doom.”
In the result, the court granted a rule nisi for the writ of habeas corpus.