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and persecuted if Lincoln is re-elected. They must yield to a cruel and disgraceful despotism or fight. They feel it and know it.

I do not see that I can achieve anything by remaining longer in this province: and unless instructed to stay, shall leave here by the 20th instant for Halifax, and take my chances for running the blockade. If I am to stay till spring I wish my wife to join me, under flag of truce, if possible. I am afraid to risk a winter's residence in this latitude and climate.

I need not sign this; the bearer and the person to whom it is addressed can identify me; but I see no reason why your response should not be signed and sealed, so as to make it serviceable as suggested in respect to the St. Albans raid. A statement of prisoners' counsel has been sent by way of Halifax and Wilmington, but it may never reach you, or not in time for the deliverance of the prisoners. This is my chief reason for sending this by one I think I can trust.

Please reply promptly, and start the messenger back as soon as possible. He will explain the character of his mission. Send under a seal that cannot be broken without being discovered.

I am, respectfully, your obedient servant.

Hon. J. P. BENJAMIN, Secretary of State, Richmond. Va.

N. B.-See the secretary of war, (Mr. Seddon,) touching Young's case.

B.

OCTOBER 31, 1864. MY OWN DEAREST: The party taking this leaves here to-night. If he reaches you safely he will deliver most important communications from Mr. C. and myself. I must ask you and May to copy mine in large handwriting, that it may be easily and intelligently read. R. will show it you. If either or both the plans are acceded to, I must remain here during the winter, and, therefore, I must beg you and A. to join me if you can come through the north; if not, do not attempt the blockade; it is too perilous, and I should be wretched to think you were coming that way. If these plans, which I have labored to perfect as I never labored before in all my life, are not adopted, then I can see no further object in my remaining here, and you need not join me, but I will you as soon as possible. I do not, however, anticipate a refusal by the department to acquiesce, for all our friends here whom I have consulted consider the plan most eligible and fortunate for the government. Indeed, this will be in a short time at least the only course we have left open. If all is well, therefore, I shall expect you to leave as soon as you conveniently can after you have been informed of the favorable entertainment of the enterprise.

I received all your letters written at Afton, in September, down to your letter of the 30th September, the day you returned to Richmond, this morning, and what a glorious, comforting treat they were to me! Tell Mr. his usual scratch note, which I managed better to read than usual; and that I will send his letter to Miss K. promptly. Tell him she paid me a visit, taking lunch with me, and leaving me a shawl for him, which I will send or bring him when I can. She seems to be very devoted to him. I sent him a letter from her via Hali

fax, or Washington. How thankful I am, my own love, that our kind Father in heaven has preserved our dear boys through so many changes, and you, my own precious darling, and little A., and dear E., in health and christian patience through so many trials and privations. O! may He give me a grateful and humble heart for all his wonderful mercies towards me-unworthy, sinful creature that I am.

Mag's letter, by flag of truce, of 17th of October, is the latest intelligence from you. I shall send a personal directed to little A. to-morrow, which you may get before this. Do stir R. to attend to my business promptly and energetically and with life and spirit. I would do as much, and a thousand times more, for him were it in my power. I sympathize truly with J. W. Tower and his family. Give him my love. How blessed are we in the dispositions and habits of our boys. I hope you have received before this the shirts, hats, cloth, the shoes sent you, all from Toronto; the cavalry boots and uniform for Jim, and fifty dollars in American gold, sent you by the Hon. J. P. K., who I see got safely in, although the steamer was lost, and Mrs. Grenhowe and other lives.

I have tried to communicate with my dear sister and send her a little gold, but have been wholly unsuccessful in both. May the Father to whom she is so faithful have her and her dear ones, to the third generation, in his holy keeping. I am grieved to hear our noble, brave boy is so destitute of clothes, but hope ere this his wants have been supplied. I am surprised that the president has not even replied to your application for a cadetship for him. Don't give it up. General Custis Lee might help you.

My thumb is entirely well, but I have given it, of necessity, a great tax this morning, having been writing for five or six hours without resting. I shall await anxiously replies to these, particularly as reunion with my darling depends upon it. May God bless you.

Yours, &c.

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He promised, by showing me to my entire satisfaction that the parties whom he represents, and is connected with, are powerful and influential with the government of the United States. He says, through the influence of the parties referred to, I have arranged to get at least one-half supplies, (meat,) the other half greenbacks, for all the cotton your (our) government may feel disposed to part with-the first five or ten thousand barrels of pork or bacon to be landed at any port Mr. Seddon may designate, on the east side of the Mississippi, or as much more on the west side, if General Kirby Smith, or any other confederate commander, needs them. After this delivery the way is perfectly clear to deliver anywhere within General Butler's department. It must, of course, be obvious to you (me) that a concession so great was made only with the understanding that it should be kept with the most sacred secrecy; and although it presents upon its face a general rule for the sake of protecting the Executive (Mr. Lincoln) to whom alone we are indebted-the main intention is that it should be carried out by my (his) own friends, and such others as only will be useful to us. In order, then, that we may have the fullest benefit from the arrangement, I would suggest that what may be done shall be done in the name of a single individual, or his agent, so far as the delivery of the supplies and the receipt of the cotton are concerned; touching the disposition of the portion paid in funds, this can be received and disposed of as you (the department) may determine-either in the United States, or in Europe, or in the Canadas, by instant conversion into

To show how thoroughly the enterprise has been arranged, there are now 10,000 barrels of pork purchased and ready for shipment, the moment the details are perfected, &c., &c.

It was then purposed to get me a pass to go through the lines, but in this I fear they have failed, and that the alternative course has been adopted, to wit, sending the goods by the hand of Mr. D. Preston Parr or Mr. Iolosa. We- to the plan. I would urge through you upon the department, first, that the only objectionable feature in it consists in the receiving greenbacks for one-half of the cotton instead of provisions for the whole, for the reason that it is the policy of the government (ours) not to trade in the currency of the enemy or countenance such trade by the people. The wisdom of the regulation in the abstract is clear. Indiscriminate barter in this money would of course be seductive and dangerous, But this objection does not lie with the same force in operations of government; and if it did, it is weakened if not wholly removed by the fact that these funds need not and would not enter into the circulation within our own country, but could be paid over to agents designated by the government, either in the United States, Canada, or Europe, and at once be converted into sterling. Thus their possession and immediate conversion would place foreign funds at any point desired, either for purchase, payment of interest, &c., &c. Again, the programme submitted commends itself to favorable consideration, as that it is indorsed by the highest official in the United States government. Certainty of execution and expedition are thus secured. Our ability and facility for producing this kind of provisions are daily becoming more circumscribed and precarious by the presence of large armies and their destructive raids in the rural districts. We are left, then, mainly to rely upon what may be introduced through the blockade; but we may be said now to have only one port where the success of blockade-running is at all commensurate to the risk incurred. This port is Wilmington; and we have it from the most indubitable source that great efforts will presently be made to capture Wilmington; or, failing in this, to seal far more rigorously her port. Where, then, are we to look for those indispensable supplies, if not through the cupidity and avarice of our enemies? To gratify them is as hateful to me, I trust, as to any compatriot in my land; but starvation, or even scanty or uncertain rations to our patient, enduring, and excellent army is a more fearful and abhorrent alternative. Under these circumstances I think it behooves us to embrace the opportunity offered to supply ourselves with the great necessity. I believe it is, if not the only, the surest and most expeditious mode of accomplishing the object upon a sufficient and certain scale.

The provision question in the terrible struggle for our national existence is one, if not the greatest, we have had to solve; and if my mission shall result in the inauguration of a plan for the certain subsistence of our noble armies, I shall be as thankful to God as if I had achieved a successful military campaign. Should it, on the other hand, be attended with failure, (albeit no fault of mine if these plans are not accepted,) I should never feel happy if I had not remained to share the discomforts, danger and trials of the humblest soldier in our ranks. Independent and outside of this I have made a contract with a party by which supplies of meat will be furnished at Mobile by written permission of the President of the United States to the free passage of the blockading fleet at that port. The first steamer has already sailed, but she only carried 300 barrels of pork-the rest assorted cargo: but I am assured by the party "that if there is no delay or difficulty at Mobile the steamer's trips will be hereafter from New Orleans, where cargoes of meat provided from St. Louis will go rapidly in and receive cotton upon the terms of my order, a pound of cotton for a pound of meat." He then proceeds to say: "If this arrangement fail, it will be because of difficulties on the other side; meaning with us! My contract with the party is for the delivery of 5,000,000 of pounds; and this is in accordance with the order. But there are other important considerations in this plan. The President authorizes the breaking the blockade. What complications may not

be produced by this with foreign governments?" I gave the party a letter to the military, naval, and civil authorities, requesting safe ingress and egress for any ship or steamer or vessels of any character under the provisions of my contract.

Under these circumstances, and Judge C. desiring to send a special messenger home, I have united with him in sending, at much expense, a young man whom we believe to be sound and trustworthy. His engagement is to go directly through, deliver these and other papers, and return to us with replies. Accordingly I send him at once to you, believing that public and personal considerations will impel you to lay before the secretary with great promptness, reading them to him yourself, suggesting that he advise the authorities at Mobile without delay of such an arrangement, that their aid and co-operation will be given to such deliverauces, &c.. &e. You will know, by a reference to boyhood's days, at the conclusion of this, that it is genuine, and that the party who bears it is all right." Any replies you have to send let them be written on as thin paper as possible, and sealed with your large seal, that I may be equally secure that the communications are genuine, and have not been tampered with. God bless you and yours and all ours, and deliver us and our bleeding country from the hands of our enemies!

Do you recollect Ottie Harrison, and how much like me you thought him because he was rough? "Oh, but no rougher than you; no, but big."

You had better get dear J. & M. to copy this distinctly and in large writing. I have written it thus for obvious reasons.

OCTOBER 31, 1864.

Mr. Adams to Mr. Seward.

No. $30.]

LEGATION OF THE UNITED STATES,
London, December 8, 1864.

SIR: I transmit herewith a copy of the London Times containing a report of the proceedings in the Court of Queen's Bench in the case of the Crown against Mr. Rumble. It will be seen that the matter went off, for the moment, on a side issue. An adjournment was made to enable the defendant to fortify himself against unexpected evidence. There is no reasonable doubt of his guilt, but it is equally certain that great efforts will be made to get him clear. I have the honor to be, sir, your obedient servant,

Hon. WILLIAM H. SEWARD,

CHARLES FRANCIS ADAMS.

Secretary of State, Washington, D. C.

[From the London Times of December 6, 1864.]

COURT OF QUEEN'S BENCH, WESTMINSTER, DECEMBER 5.
(Sittings at Nisi Prius, before the Lord Chief Justice and a special jury.)
THE CASE OF THE RAPPAHANNOCK.

THE QUEEN vs. RUMBLE.

This was an indictment, under the foreign enlistment act, against an officer in her Majesty's dock-yard at Sheerness, for assisting in the manning and equipment of a vessel-of-war, with intent that she should be engaged in the service of the Confederate States. The case had arisen thus: In November last year a war-steamer, called the Scylla, a gunboat of 500 tons, carrying six guns, was sold by the admiralty at Sheerness. Soon afterwards she was found to have got into the hands of persons who were fitting her out for the confederates; and, in fact, she was taken over to Calais, and there hoisted the confederate flag, and was called the Rappahannock. An inquiry before the magistrates was thereupon instituted by the gov ernment, which was conducted by Mr. W. V. Harcourt, and the result was, that in January last the defendant was committed for trial on charges under the foreign enlistment act: **That he did unlawfully hire, retain, engage, and procure, and attempt and endeavor to hire, retain, engage, and procure divers persons to enlist and enter and engage to enlist and serve and be employed in the service of and for and in aid of certain foreign States, provinces, and people, commonly called the Confederate States of America, and of the persons assuming to exercise the powers of government in and over the said States, &c., as sailors and otherwise in sea-service for, under, and in aid of the said foreign States, &c., and the persons assuming to exercise powers of government in and over the said States, &c., and to go and agree to go and embark from the port of Sheerness for the purpose and with the intent to be enlisted, contrary to the statute in such case made and provided." And, further,

that he did unlawfully, and without the leave and license of her Majesty, equip, furnish, and fit out, and knowingly aid and assist, and was concerned in the equipment, furnishing, and fitting out of a certain ship called the Victor, otherwise called the Scylla, otherwise called the Rappahannock, with the intent and in order that the ship should be employed in the service of certain foreign States, provinces, and people, commonly called the Confederate States of America, and of the persons assuming to exercise powers of government over the said States, provinces, &c., and with intent to cruise and commit hostilities against the United States of America and the subjects and citizens of the said United States, with whom her Majesty was not then and is not now at war, contrary to the statuts in such case made and provided. The charges thus made, it will be seen, involved some of the questions raised in the case of the Alexandra as to equipment, and also other questions under the provisions in the statute relating to enlistment; and though the charges as thus stated by the magistrates appear short and simple enough, they were, necessarily, for the purposes of indictment, expanded into a great number of counts, to hit the various words of the statute under each head of charge. To understand the charges against the defendant and the indictment it is necessary to know the enactments of the statute. The statute (59th George III, chap. 69) is entitled "An act to prevent the enlisting or engaging of his Majesty's subjects to serve in a foreign service, and the fitting out or equipping in his Majesty's dominions vessels for warlike purposes, without his Majesty's license; and the preamble recites that "the enlistment, &c., or equipping, &c., for warlike operations in or against the dominions of a foreign state may be prejudicial, and tend to endanger the peace and welfare of the kingdom;" and then the second section provides that if any natural-born subject of his Majesty, without the leave and license of his Majesty, shall enlist or enter himself to enlist, or shall agree to enlist, &c., to serve as a soldier, or to be employed, or shall serve in any warlike operation, in the service of or for or under or in aid of any foreign prince, state, &c; or accept or agree to take or accept any commission, warrant, or appointment as an officer, or shall enlist or enter himself, or shal. agree to enlist or enter himself, to serve as a sailor or marine, or to be employed or engaged, or shall serve in or on board any ship or vessel-of-war, or in or on board any ship or vessel used or fitted out, or equipped, or intended to be used for any warlike purpose, in the service of or for or under or in aid of any foreign power, prince, state, &c., or engage, contract, or agree to go, or shall go, to any foreign state, country, &c., with an intent or in order to enlist or enter himself to serve, or with intent to serve, in any warlike or military operation whatever, whether by land or sea, in the service of or for or under or in aid of any foreign prince, state, &c., or as an officer or a soldier, or in any other military capacity, or as an officer, or sailor, or marine, in any such ship or vessel as aforesaid, although no enlisting money, or pay, or reward shall have been or shall be in any or either of the cases aforesaid actually paid to or received by him, or by any person to or for his use or benefit; or if any person whatever within the United Kingdom of Great Britain and Ireland, or any part of his Majesty's dominions elsewhere, &c., shall hire, retain, engage, or procure, or shall attempt or endeavor to hire, retain, engage, or procure any person or persons whatever to enlist, or enter, or engage to enlist, or to serve or to be employed in any such service or employment as aforesaid as an officer, soldier, sailor, or marine, either in land or sea service, for or under or in aid of any foreign prince, state, &c., or to go or to agree to go or embark from any part of his Majesty's dominions, for the purpose or with intent to be enlisted, entered, engaged, or employed as aforesaid, whether any enlisting money, pay, or reward shall have been or shall be actually given or received or not-in any or either of such cases every person so offending shall be deemed guilty of a misdemeanor," &c. Then comes the celebrated section 7 as to equipment of vessels:

"That if any person within any part of the United Kingdom, or in any part of his Majesty's dominions beyond the seas, shall, without the leave and license of his Majesty for that purpose first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavor to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, 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 or vessel shall be employed in the service of any foreign prince, state, &c., or shall within the United Kingdom or any of his Majesty's dominions, &c., issue or deliver any commission for any ship or vessel to the intent that such ship or vessel shall be employed as aforesaid, every such person so offending shall be deemed guilty of a misdemeanor, &c., and every such ship or vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition and stores which may belong to or be on board of any such ship or vessel, shall be forfeited."

Such are the principal provisions of the statute on the subject. It is to be observed that, as the vessel got safely away, it was impossible to take proceedings, as in the case of the Alexandra, for a forfeiture. Such proceedings would have been, as in that case, in the court of exchequer. The present proceedings were on the penal part of the above enactments, which not only entail a forfeiture, but also render the parties concerned punishable for a mis demeanor. Therefore, the proceeding is by way of indictment and in this court. The indictment was one of enormous length, comprising 166 counts, of which it may suffice to give a brief but careful analysis. In a general way, it may be said to be divided under two heads-the first and larger portion relating to the enlistment of men; the second, as to the

equipment of the vessel. The general analysis is this: The first ten counts charge the defendant with an offence under the second section, in hiring, &c., one Maloney. The 110 following counts charge him with a similar offence with reference to the ten other men. The next 16 counts charge him under the same section with counselling and procuring four of the men to enlist and enter themselves to be employed in the confederate service. The remaining seven counts charge him under the seventh section with equipping, furnishing, or fitting out the vessel, or with attempting to equip, fit out, or furnish her. This general analysis, however, will hardly suffice to enable the reader to follow the case without a more particular analysis. The first six counts charged that the defendant did procure, &c., one Maloney to enlist, &c., and to engage to enlist, &c., and to go and embark with intent to be enlisted, &c., (varying the counts to meet the words of the statute,)" as a sailor on sea service" in aid of the Confederate States. The next four counts, from the seventh to the tenth, charge that the defendant did procure, &c., Maloney to be employed, &c., in warlike operations by sea in aid of the Confederate States. Then follow ten sets of similar counts, (11 to 124,) each set the same as the first ten, charging that the defendant did procure, &c., to be enlisted either as a sailor in sea service," or in warlike operations by sea, one of ten other men, named Frith, Ginno, Hurford, Brooks, Bailey, Goode, Newton, Spendiff, Thompson, Hall. and Shaw. These are the counts under the statute-the foreign enlistment act itself. Then come four sets of counts, each of four counts, (121 to 136, inclusive,) which charge a misdemeanor at common law, in counselling four of these men-Brooks, Maloney, Goode, and Newton-to enlist and serve. Each of these sets of counts charges that the defendant did counsel and procure (one Brooks, &c.) a natural-born subject. &c., without the leave or license of her Majesty, to enlist, &c., and to serve, &c., "on board a certain ship-of-war intended to be used for warlike purposes" in aid of the Confederate States. Then came several sets of counts (137 to 166) upon the equipment clauses of the statute. The first set charge that the defendant, without leave or license, did equip, furnish, and fit out a certain ship with intent that the same ship should be employed in the service of the Confederate States, with intent to commit hostilities against the United States; and one count (139) charges that he did "equip, furnish, and fit out a vessel with intent to commit hostilities against the United States. The next set (140 to 148) are the same as the last three, except that they charged that the defendant "did attempt and endeavor to equip or furnish" or "fit out "—one of the three counts charging an attempt to "equip," a second an attempt to "furnish," and a third an attempt to "fit out." Then follow a set of counts (149 to 157) the same as the last nine, (i. e., as 139 to 148,) except that they allege that the defendant did procure to be "equipped" or "to be furnished" or "to be fitted out," &c. The last set of counts (158 to 166) are the same as the nine preceding, except in alleging that the defendant “did aid and assist and was concerned in the equipping" or "the furnishing" or "fitting out of a vessel with intent that the same should be employed in the service of the Confederate States, or with intent to commit hostilities against the United States. Such is the analysis of the numerous counts in the indictment. It only remains to give the first count as a specimen of their form and frame. It charges that the defendant, on the 24th of November, 1863, within the United Kingdom, at Sheerness, in the county of Kent, unlawfully and wilfully did hire, retain, engage, and procure one Maloney to enlist as a sailor in sea service (or "to go and embark from that port with intent to be enlisted," &c.) for, under, and in aid of certain persons assuming to exercise the powers of government in a certain foreign countrythat is to say, for, under, and in aid of the Confederate States of America. It will be observed that the matter occurred at Sheerness, and the offences are said to have been committed there, and ordinarily the indictment would have been preferred and the trial had at the assizes for the county of Kent; but the foreign enlistment act expressly provides that the indictment may be preferred in the Court of King's Bench, and, on account of the importance of the question which it involves, it was accordingly so preferred, and the bill or indictment was found or presented by a grand jury of Middlesex in last term-that is, in the month of June. The grand jury were charged by the senior puisue judge of this court, Mr. Justice Crompton, and we fully reported his charge at the time. The grand jury having found the bill of indictment, the defendant pleaded not guilty," and the case was set down for trial Of course it could only be set down in its order, and in that order it now came on for trial. The solicitor general, Mr. Lush, Queen's counsel, Mr. Hannen, and Mr. W. V. Harcourt appeared on the part of the Crown; Mr. Bovill, Queen's counsel, Mr. Karslake, Queen's counsel, Mr. Serjeant Ballantine, Mr. Macnamara, and Mr. Gifford were for the defendant. On the jury being sworn, Mr. Harcourt briefly opened the case, stating that it was an indictment under the foreign enlistment act, to which the defendant had pleaded “Not guilty.” Mr. Bovill suggested that the witnesses be out of court.

The solicitor general at once assented, Suggesting one or two exceptions, to which the learned counsel at once assented. The solicitor general then proceeded to state the case to the jury. This, he said, is a prosecution under the foreign enlistment act—a statute passed, as the preamble states, for the better preservation of the peace of the country, and therefore a statute of great importance to the welfare of the kingdom. Gentlemen, when I tell you that the defendant was an officer in her Majesty's service as inspector of floating machinery at Sheerness you will readily believe, I am sure, that this prosecution has been instituted by the government with much pain and regret. But when you hear the nature of the case, and

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