The Sun.
London, England, 1862-12-24 00:00:00

MR. COLLIER'S OPINION.

The accompanying copy of a statement submitted
by the American Consul in Liverpool to her Ma-
jesty'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 Confe-
derate States of America. It is believed that the
vessel is now nearly ready.
The American government are desirous of taking
immediate steps, under the Foreign Enlistment
Act, 59 Geo. 111., 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. 111., cap. 69.
As the matter is represented to me to be urgent, I
advise that the principal officer of the custo us at
Liverpool be immediately applied to, under 59 Geo.
111., cap. 67, to exercise the powers conferred on
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 taken until it
was known whether or not the government thought
fit to interfere, but inasmuch as the government
might not unreasonably take some little time to de-
termine what course to pursue, during which time
the vessel might escape, I advise the more prompt
remedy. R. P. COLLIER.

FURTHER OPINION OF MR. COLLIER.

Temple, July 23, 1862.

I have perused the above affidavits, and I am of
opinion that the collector of customs would be jus-
tified in detaining the vessel. Indeed I should think
it his duty to detain her, and that if, after the ap-
plication which has been made to him, supported
by the evidence which has been laid before mu, he
allows the vessel to leave Liverpool he will incur a
heavy responsibility—a responsibility of which the
Board of Customs, under whose direction he appears
to be acting, must take their share. It appears
difficult to make out a stronger case of infringement
of the Foreign Enlistment Act, which, if not en-
forced on this occasion is little better than a dead
letter. It well deserves serious consideration
whether, if the vessel be allowed to escape, the Fe-
deral government would not have serious grounds
of remonstrance. It. P. COLLIER.
SQUARRY TO BOARD OF CUSTOMS.

London, July 23, 1862.

Referring to an application which I made on be-
half of the United States Government, under the in-
structions of their consul at Liverpool, to the collec-
tor of customs at Liverpool, on Monday last, for
detention, under the provisions of the Act 59 Geo.
111., cap. 69, of a steam gunboat built by Messrs.
Laird and Co., at Birkenhead, and which, there is
no doubt, is intended for the Confederate States, to
be used as a vessel of war against the United States
Government, I beg now to enclose two affidavits
which reach.ed me this morning from Liverpool, one
made by John Robert Taylor and the other by Ed-
ward Roberts, and which furnish additional proof
of the character of the vessel in questions
I also enclose a case which has been submitted to
Mr. Collier, Q.C., with his opinion thereon.
I learned this morning from Mr. O'Dowd that
instructions were forwarded yesterday to the collec-
tor at Liverpool not to exercise the powers of the
act in this instance, it being considered that the
facts disclosed in the affidavits made before him
were not sufficient to justify the collector in seizing
the vessel.
On behalf of the Government of the United
States I now respectfully request that this matter,
which I need not paint out to you involves conse-
quences of the gravest possible description, may be
considered by the Board of Excise on the further
evidence now adduced.

The gunboat now lies in Birkenhead docks ready
for sea in all respects, with a crew of 50 men on
board. She may sail at any time.
MR. ADAMS TO MR. SEWARD, JULY 31, 1862.

. . . In spite of all my efforts and remon-
strances, which as yet wait the opinion of the law
officers of the Crown, I received on the 29th inst.,
from Mr. Dudley, the consul at Liverpool, the
news that she sailed without register or clearance
from that port on that day.