Majesty respectively, enter any port, roadstead, or waters belonging to Her Majesty, either in the United Kingdom or in the Channel Islands, or in any of Her Majesty's colonies, or foreign possessions, or dependencies, such vessel shall be required to depart and to put to sea within twenty-four hours after her entrance into such port, roadstead, or waters, except in case of stress of weather, or of her requiring provisions or things necessary for the subsistence of her crew, or repairs, in either of which cases the authorities of the port, or of the nearest port, (as the case may be,) shall require her to put to sea as soon as possible after the expiration of such period of twenty-four hours, without permitting her to take in supplies beyond what may be necessary for her immediate use; and no such vessel which may have been allowed to remain within British waters for the purpose of repair, shall continue in any such port, roadstead, or waters, for a longer period than twenty-four hours after her necessary repairs shall have been completed: Provided, nevertheless, that in all cases in which there shall be any vessels (whether ships of war, privateers, or merchant ships) of both the said belligerent parties in the same port, roadstead, or waters within the territorial jurisdiction of Her Majesty, there shall be an interval of not less than twenty-four hours between the departure therefrom of any such vessel (whether a ship of war, a privateer, or a merchant-ship) of the one belligerent, and the subsequent departure therefrom of any ship of war or privateer of the other belligerent; and the times hereby limited for the departure of such ships of war and privateers respectively shall always, in case of necessity, be extended so far as may be requisite for giving effect to this proviso, but not further or otherwise.

4. No ship of war or privateer of either belligerent shall hereafter be permitted, while in any port, roadstead, or waters subject to the territorial jurisdiction of Her Majesty, to take in any supplies except provisions and such other things as may be requisite for the subsistence of her crew; and except so much coal only as may be sufficient to carry such vessel to the nearest port of her own country, or to some nearer destination; and no coal shall be again supplied to any such ship of war or privateer, in the same or any other port, roadstead, or waters subject to the territorial jurisdiction or Her Majesty, without special permission, until after the expiration of three months from the time when such coal may have been last supplied to her within British waters as

aforesaid.

"I have, &c.,
(Signed)

"His Grace the DUKE OF NEWCASTLE, &c., fc., fc."

"RUSSELL.

Now, therefore, I do hereby issue this my proclamation notifying and publishing the foregoing dispatch for general information and the guidance of all and every persons and person whom it may in anywise concern or affect, to the intent that they may respectively take notice of the same and govern themselves accordingly.

[72]

Given under my hand and the seal of the said Bahama Islands, at Nassau, in the island of New Providence, the eleventh day of March, in the year of our Lord one thousand eight hundred and sixty-two, and in the twenty-fifth year of Her Majesty's reign.

By his excellency's command,
(Signed)

God save the Queen!

[In closure 9 in No. 37.)

Extract from the Nassau Guardian of January 28, 1863.

The Confederate States steamer of war Florida, Lieutenant J. N. Maffit commanding, arrived here on Monday last from Havana. Having obtained permission to remain in port twenty-four hours, she sailed again at 11 o'clock yesterday morning.

We understand that the Florida sailed out of Mobile bay on the morning of the 16th instant, and was immediately chased by eleven Federal ships of war and gun-boats, the chase lasting twenty-four hours.

We are also informed the Florida captured, on the 20th instant, the American brig Estelle, bound from Santa Cruz, Cuba, to Boston, with a valuable cargo. The vessel was quite new, and, with her cargo, was valued at $140,000.

On the 22d she captured the American brig Windward, bound from Matanzas to Portland, Maine; and on the same day the brig Corvis Anne, bound from Philadelphia

to Matanzas.

H. Ex. 282-20

No. 38.

Mr. Peel to Mr. Hammond.

TREASURY CHAMBERS,

September 17, 1862. (Received September 18.)

SIR: I am directed by the lords commissioners of Her Majesty's treasury to transmit herewith, for the information of Earl Russell, with reference to your letter of the 4th instant, copy of a report from the commissioners of customs of the 12th instant, containing further explana tions in reference to the ship Oreto, fitted out at Liverpool.

I am, &c.,
(Signed)

[Inclosure in No. 38.]

F. PEEL.

The commissioners of customs to the lords commissioners of the treasury.

customs as to pro

CUSTOM-HOUSE, September 12, 1862. Your lordships having referred to us the annexed letter from Mr. Layard, transmitting, by desire of Earl Russell, copy of a memorandum by Her Majesty's advo Further report from cate-general, stating that the attorney general and he have perused the ceedings at Liverpool inclosures in your lordships' letter to Mr. Hammond of the 26th ultimo, and that they are of opinion that, under the circumstances therein stated, it will not be necessary to send a custom-house officer to Nassau to give evidence in the case of the vessel Oreto, which formed the subject of our report to your lordships of the 25th ultimo, and requesting, as it is observed in the memorandum, that the papers inclosed in your lordships' letter are silent as to the various other suspicious circumstances in regard to that vessel, that we may be acquainted therewith, in order that we may report such observations as we may have to offer.

*

We have accordingly to report that, upon receipt of your lordships' reference, we again communicated with our collector at Liverpool, from which port the vessel cleared out, and that officer has transmitted to us a report from the customs surveyor, who was specially appointed to watch the Oreto while she was being fitted out, from which it appears that there was no attempt on the part of the builders to disguise what was most apparrent, viz: that she was intended for a vessel of war; that she was pierced for eight guns; and her general appearance denoted that she was intended for [73] the navy of some government; that it was currently reported and stated by her builders that she was intended for the government of the King of Italy; and that she sailed from Liverpool under the command of a Mr. Duguid, who is a resident of that place, for Palermo. The surveyor has further reported that Mr. Duguid has now returned to Liverpool from Nassau, where it is stated that the Oreto has been released, and that he has been informed Mr. Duguid was not aware of the actual destination of the vessel when she left Liverpool; but that, after the ship had proceeded to sea, sealed orders were given to him by the supercargo, by which he was directed to proceed to Nassau, and that these orders were carried out by him. (Signed)

F. GOULBURN.

W. R. GREY.

No. 39.

Vessel

runs into

Mr. Stuart to Earl Russell.

WASHINGTON, September 24, 1862. (Received October 10.) MY LORD: The steamship Oreto, which has formed the subject of so much correspondence between your lordship and Mr. Adams, Molle, September, appears to have at length succeeded in entering the port of Mobile, having been mistaken for a British man-of-war by the senior naval officer in charge of the blockade of that port. The inclosed extract from the National Intelligencer contains the ex

4, 1862.

planation given by Commander Preble of his conduct, the report of Admiral Farragut thereupon, and an order from the Secretary of the Navy dismissing Commander Preble from the naval service. This last act is a startling exercise of power on the part of the Executive Government, not having been preceded by any court-martial or formal inquiry, by which Commander Preble might have had an opportunity of justifying his conduct.

I have, &c.,
(Signed)

W. STUART.

[Inclosure in No. 39.]

[Extract from the National Intelligencer of September 22, 1862.]

Dismissal of Commander Preble, of the United States naval service.

GENERAL ORDER.

NAVY DEPARTMENT, September 20, 1862.

Dismissal of Comlowing it.

Commander George Henry Preble, senior officer in command of the blockading force off Mobile, having been guilty of a neglect of duty in permitting the armed steamer Oreto to run the blockade, thereby not only disregarding article 3, section 10, of the articles of war, which requires an officer to mander Preble for al"do his utmost to overtake and capture or destroy every vessel which it is his duty to encounter," but omitting the plainest ordinary duty committed to an officer, is, by order of the President, dismissed from the naval service from this date. The commander of each vessel of war, on the day after the receipt of this published general order, will cause it to be read on the quarter-deck at general muster, together with the accompanying reports, and enter both upon the vessel's log. (Signed)

GIDEON WELLES,
Secretary of the Navy.

FLAG-SHIP HARTFORD, Pensacola Bay, September 8, 1862.

SIR: I regret to be compelled again to make another mortifying acknowledgment of apparent neglect, viz: the running of the blockade at Mobile by a 10-gun gun-boat, supposed to be Laird's gun-boat, Captain Bullock. You will perceive, however, from Captain Preble's report, herewith inclosed, that there was no want of vigilance. They saw her in good time, but failed to sink or capture her. Why Captain Preble did not fire into her after she failed to stop or answer his hail I cannot imagine. The comruauder of the Rachel Leaman says, and I believe they all admit, that there never was a finer opportunity for stopping a vessel until she passed them. Then, [74] however, when it was too late, they commenced firing; the Oneida first, the Winona next, and the Rachel Leaman last.

Very respectfully, &c.,

(Signed)

D. G. FARRAGUT, Rear-Admiral, Commanding West Gulf Blockade.

Hon. GIDEON WELLES,

Secretary of the Nary.

UNITED STATES STEAMER ONEIDA, OFF MOBILE,
September 4, 1862.

SIR: I regret to inform you that a three-masted steamer, wearing the English red ensign and pennant, and carrying four quarter boats, and a battery of eight broadside guns, one or two pivots, and having every appliance of an English man-of-war, ran the blockade this afternoon, under the following circumstances:

I had sent the Winona to windward to speak a schooner standing in under sail; the smoke of a steamer was discovered, bearing about southeast, and standing directly for us. Observing she was burning black smoke, I immediately got under way, and stood toward her, signaling the Winona to "chase at discretion." We soon neared the stranger in company with the Winona, who, as we supposed, gradually hauled to the windward.

When abeam of him, about 100 yards distant, I hailed him, but received no answer. I then fired a shot across his bow. He still ranged ahead without stopping; but still thinking him an English man-of-war, I fired two more shots across her bow, and then directed a shot at him, which went over between his fore and mainmast.

He soon hauled down his flag, and waived his guns to bear on us, but having no flag to fight under, was afraid to fire.

We continued firing at him, assisted by the Winona and one of the mortar schooners, but he made sail, and by his superior speed and unparalleled audacity managed to escape. We sent our shot all around and over him, and are certain that several of our shell, and the Winona's, struck him.

DOWNING STREET, October 30, 1862. (Received October 31.) SIR: With reference to your letter of the 2d August, I am directed by the Duke of Newcastle to transmit to you the copy of ernor Bayly, Vessel a dispatch from the governor of the Bahamas, stating that the Oreto had left the harbor of Nassau; but that if she should return under an English flag, she would be detained under the instructions sent out in pursuance of Earl Russell's suggestion.

Report from Gov. has left Nassau.

His grace desires me to observe that the error noticed by Governor Bayley in his grace's dispatch, and which was also contained in the letter from this office to the Foreign Office, of the 31st July, was corrected in the report of the law-officers of the Crown, transmitted to this office in your letter of the 14th August, which was sent to the governor in a dispatch dated the 19th August.

I am, &c.,
(Signed)

T. FRED'K ELLIOT.

[Inclosure in No. 40.]

Governor Bayley to the Duke of Newcastle.

GOVERNMENT HOUSE,

Nassau, September 23, 1862. MY LORD DUKE: In reply to your grace's dispatch of the 8th August, I have the honor to inform your grace that the Oreto, after her liberation by the admiralty court, left this harbor three or four weeks ago, and that she is supposed to have since been finally transferred to the service of the Confederate States.

[75] *2. If that is so, she is entirely out of my jurisdiction; and I could no more legally seize her, were she to re-enter the port, than I could seize any man-ofwar belonging to the Government of the United States. But if she into the Florida at return under an English flag, I will promptly execute your grace's

Vessel converted

Mobile

Escape from Mobile.

orders.

3. Will your grace permit me to correct an accidental error in the phraseology of the despatch now under acknowledgment? I sanctioned the seizure of 66 the Oreto, not on suspicion of having on board stores intended for the use of the Confederate States," but on suspicion of her having violated the foreignenlistment act, by arming and equipping herself for belligerent purposes in an English port. I should have had no right to seize her for merely carrying mercantile

stores to the Southern States.

I have, &c.,

(Signed)

C. J. BAYLEY.

No. 41.

Lord Lyons to Earl Russell.

WASHINGTON, February 24, 1863. (Received March 9.) MY LORD: I have the honor to transmit to your lordship copies of a note, and its inclosure, which I have received from Mr. Seward, relative to a complaint that undue partiality has been shown at Nassau to the confederate steamer Oreto, or Florida. I have also the honor to inclose a copy of a note which I have written to Mr. Seward in reply. I shall send copies of both notes to the governor of the Bahamas Islands. I have, &c., (Signed)

LYONS.

[Inclosure 1 in No. 41.]

Mr. Seward to Lord Lyons.

DEPARTMENT OF STATE, Washington, February 16, 1863. MY LORD: I inclose extracts from a letter of the 26th ultimo, addressed by the United States consul at Nassau to the Secretary of the Navy, from which it appears that undue partiality has been shown by the authorities there to the insurgent steamer which left England under the name of the Oreto, but now claims that of the Florida. You will much oblige me by making inquiry in regard to the representations of Mr. Whitingham on this subject.

I avail, &c.,
(Signed)

W. H. SEWARD.

[Inclosure 2 in No. 41.]

Mr. Whiting to Mr. Welles.

UNITED STATES CONSULATE,
Nassau, New Providence, January 26, 1863.

SIR: I have the honor to inform you of the arrival at this port this morning of the
Confederate steamer Florida, late the noted Oreto, Maffit, late of the
United States Navy, commander.

Arrival of the Florida at Nassau, Janu

ary 26, 1963. Allowed

to coal. Complaint

of United States con

sul.

This pirate-ship entered this port without any restrictions, with the secession flag at her peak, and the secession war-pennant at the main, and anchored abreast Her Britannic Majesty's steamer Barracouta, Maffit and his officers landing in the garrison-boat, escorted by the Port Adjutant Williams, of the 2d West India regiment.

The privateer, soon after anchoring, commenced coaling by permission of the authorities, an evidence of the perfect neutrality which exists here, where the United States ship Dacotah, but a few months since, was only permitted to take on board twenty tons of coal from an American bark off Hog Island, and only then on Captain McHuistry and myself pledging ourselves in writing that within ten days after [76] leaving this port she would not be cruising within five miles of any island of the Bahamas government.

*

SIR: I have the honor to acknowledge the receipt of your note of the 16th instant, inclosing a copy of a despatch addressed by the United States consul in the Bahamas