Lapas attēli

quired to withdraw the first objectionable letter, in which an accusation is more directly made against this government, or to withdraw or substantiate that part of it which contains the accusation. But I am bappy to have the opportunity of leaving the whole subject to your superior judgment.

15. I annex a copy of the letter in which I have communicated to Her Majesty's consul at Havana the extraordinary rumor referred to in the last paragraph of the consul's letter to the attorney general.

I have, &c.,


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Mr. Kirkpatrick to Governor Rawson.


Nassau, February 23, 1865. Sir: I have the bonor to call your excellency's attention to a violation of the laws of Her Majesty the Queen's dominions by the enlistment of men within this colony by Captain Maftit, now here as captain of the blockade-running ship Owl, having shipped men in this port for the rebel privateer Oreto or Florida.

These enlistments took place after the trial in relation to that vessel was held, and two, at least, of the men thus enlisted are now in this city, and can be pointed out if desired. I understand further, that there are affidavits of theirs now in the possession of Mr. Dillett. The reason of this long delay is that Captain Matlit has not been here at any other time when the witnesses could be obtained. He is understood to be ready to depart from bere soon, and I would respectfully suggest that measures should be taken at once to vindicate the laws openly and notoriously violated in this instance.

I have, &c.,


[Inclosure 3 in No. 47.]

The attorney general, Nassau, to Mr. Kirkpatrick.


Nassau, February 24, 1865. Sir: His excellency the governor has placed in my hands your letter of yesterday's date, and has instructed me to put myself in communication with you, in order to obtain the necessary information to enable me to act in reference to the matter brought by you under his excellency’s notice.

I have therefore to request that you will furnish me with a detailed statement of your proofs and the vames of the witnesses who can be produced to sustain the same.

I have, &c.,


(Inclosure 4 in No. 47.)

Mr. Kirkpatrick to the attorney general, Nassau.


Nassau, February 24, 1865. SIR: I bave the honor to acknowledge your favor of this day, asking me to furnish you the evidence, with details of the matters submitted to his excellency the governor by me yesterday. Inclosed you will find copies of the affidavits taken at the time of the transaction, and Charles Jackson, esq., can point out the wstnesses who are now bere. I deeply regret that steps were not taken for the immediate arrest of the party before he left in the vessel this morning, or late last night; or when unofficially brought to your notice, as I understood it was yesterday morning, and regret also that the government bas not felt called upon to vindicate their violated laws, without waiting for others less interested to call their attention to them, and then also be called npon to furnish evidence to prosecute for these violations; and I regret still more that more simple and entirely harmless violations (if violations at all) when innocently committed by officers of the United States, have been made the subject of severe condemnation.

Notwithstauding I am willing and desirous to furnish the government here with any information I may possess, and will say, in addition, that rumors are abroad, with how much truth I know not, that some of the parties recently engaged in blockade running are about fitting a vessel, or vessels, at Havana, under American colors, to cruise agaiust British vessels, under the hope, undoubtedly, that such an act would involve the two countries in war, and su aid the so-called Confederate States. This information is said to have come from Captain Chadbourne, of the American brig E. P. Secret, now in this port, and who is also said to have seen a commission from some confederate authority to fit out a schooner in this port to cruise and destroy American vessels. I shall communicate the information relating to the rumor of fitting out vessels at HaVana under the American flag to the consul of the United States there, that steps may be taken to frustrate the villains engaged in it, if found true.

I have, &c.,


*[Inclosure 5 in No. 47.)

Declaration of Peer Crawley, James Lockyer, and Andrew Hagan.

BAHAMA ISLANDS. Be it known and maile manifest to all to whom these presents shall come, that, on this day, being. Thursday, the 4th day of September, in the year of our Lord 1862, Peter Crawley, lately a fireman on board the British steamship Pacific, now lying at anchor at Hanover Sound Anchorage; James Lockyer, lately a seaman on board the British bark Mary, of and belonging to the port of Liverpool; and Andrew A. Hagan, late seaman on board the British brig Adelaide, of and belonging to the port of Liverpool, in that part of Great Britain called England, severally came and appeared before me, Thomas William Henry Dillet, notary public for the said Bahama Islands, by lawful authority appointed, duly admitted and sworn, and did then and there, of their own free will and voluntary accord, before me, the said notary, severally and respectively, and each one for himself only, allege, affirm, declare, and say, in inanner following, that is to say :

And, first, the said appearers do, and each of them doth allege, affirm, declare, and say, that on a Saturday night, in the month of August just passed, and at midnight, they were proceeding to their lodgings, wben they met a mob of men in Bay street, in the city of Nassau, opposite to the Matanzas Hotel ; that they knew some of the men, who stopped them, then laid hold of them, and said, “Conie on.” That they asked where they were going, and they replied, on board the Oreto, to work all the night, and until 8 o'clock the next day; that they were going to discharge a schooner's cargo into the Oreto, and they were going to get $5 each for it.

That they went on board the steamship Oreto, with her quartermaster, named Pear800; that previous to their going on board they asked for an explanation, and Pearson told them they were to work all night in discharging a schooner's cargo into the Oreto, and be paid at 8 o'clock the next day.

That when they went on board the Oreto, she was then lying outside of Hog Island, astern of Her Majesty's steamer-corvette Peterel, and attached to her by a hawser; that the Oreto got underway about an hour after they got on board, and then went to sea. And after they had been out about three hours, the Oreto overtook the British schooper Prince Alfred, of and belonging to the port of Nassau, New Providence, which vessel came by us, and Captain Maffit, of the Oreto, hailed us. He asked, *. What schooner is that ?" and the reply was, the “ Prince Alfred.” Captain Maffit then asked the captain of the Prince Alfred if he wanted a tow, and he said, “Yes.” Captain Maffit told him to take in all sail, as he could tow bim' better; the captain complied ; a bawser was sent on board from the Oreto, and made fast to the Prince Alfred, which vessel was then towed astern to Green Cay, one of the said Bahama Islands.

That on the next morning they began to discharge the Prince Alfred's cargo into the Oreto; that they took out of the Prince Alfred eight cannon, viz, six 3:2-pounder broadside guns, and two 63-pounder pivot guns; that they also discharged shot and shell in cases, and ammunition in kegs, all of which were put on board the Oreto.

That the cargo of the Prince Alfred was more than could be stowed in the Oreto, and that some barrels of bread, cases of shot and shell, were left in her.

That they remained so employed in discharging and stowing cargo at Green Cay aforesaid for six days; and that before the Oreto left that place, she had all the guns before-mentioned mounted on her deck.

On Sunday morning, a week after they had been employed, they were called aft, and Captain Matiit and his first lieutenant came, and they were paid £3 each for the work they had done ; and Captain Mafiit told them that they would also receive $2 a day each till they reached Nassau, which sum bas not been paid them by any person or persous.

That after they left the Oreto they went on board the Prince Alfred ; that the Oreto then hoisted anchor and got under way, and when about 100 or 200 yards from them, she hoisted the flag known as the tlag of the Confederate States of America; that her crew manned the rigging and gave three cheers, and she sailed out of sight.

That they sailed in the Prince Alfred on the following day, and went from Green Cay to Ragged Island, being twelve days on the passage; that when they arrived there Captain Morseman, of the Prince Alfred, told them that Captain Mattit had directed him to find them a passage to Vassan ; that they asked the said Morseman what

about the $2 a day Captain Maffit had promised them, and he said he knew [86] nothing about it.

That the said Morseman paid their passage to Nassau in the sloop Maria, ard that they arrived at the said port of Nassau on Sunday, the 31st day of August. (Signed)


ANDREW A. HAGAN. All which matters and things were declared, alleged, and affirmed, as before is set forth in the presence of the said notary, and therefore I have subscribed my name and affixed my notarial seal, being requested to testify and certify the premises.

This done at the city of Nassan, in the island of New Providence, the day and year first above written. (Signed)


Notary Public, Bahamas.

BAHAMA ISLANDS, Verr Proridence. On this 25th day of February, A. D. 1865, before me, Ormond Drimmie Malcolm, notary public for the said Bahama Islands, personally appeared Thomas William Henry Dillet, esq., now acting as assistant justice of Her Majesty's general court of the said Babama Islands, who declared that the foregoing declaration was taken by and before him, and is a true copy of the original, as recorded in his register of notarial acts, marked A, at pages 91, 92, 93, 94, and 95.

And I do further certify and attest that I saw and examined the said original declaration in the book aforesaid, from whence the foregoing copy was extracted, and that I found the same to be a true and faithful copy thereof.

In testimony whereof I have hereunto set my paine and potarial seal this 25th day of February, A. D. 1865. (Bigued)


Votary Public, Bahamas.

(Inclosure 6 in No. 47.]
The attorney general, Vassau, to Gorernor Rawson.


Nassau, February 27, 1865. SIR: I have this moment received the inclosed communication from the l'nited States consul, which, your excellency will remark, bears date the 24th instant.

I shall abstain from offering any remarks upon the tone of the consul's letter and the charges therein impliedly made against the Government. With respect, however, to the faccusation made against myself, I beg to state that Mr. Jackson, the agent for American underwriters, did mention to me, on the forenoon of the 23d, that there were two seamen then in Nassau who could prove that Captain

1802, fitted out the Oreto at Green Cay; in reply to which I remarked that it appeared a stale charge, and that it would require very clear and positive testimony to be adduced before I should, as law-officer, feel justified at this late period in initiating criminal proceedings against Captain Mattit. There the matter dropped, and I heard nothing further until I received your excellency's note on the morning of the 24th. when I immediately applied officially to the consul for his proofs.

I have, &c.,


(Inclosure 7 in No. 47.)
Mr. Nesbitt to Mr. Kirkpatrick.


Nassau, March 2, 1863. Sir: I am directed by his excellency the governor to acknowledge your letter of the 23d ultimo. calling his attention to a violation of the laws on the part of Captain Maffit, by the enlistment of men within this colony.

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Your letter reached his excellency at a late hour of the night of the 2311, after Captain Maftit had actually left the port. He lost no time on the following morning in

placing it in the hands of the attorney general.

*This otticer has since submitted to his excellency your reply to his inquiries.

l'pon this it is only necessary to inform yon that the document which you have supplier dated as far back as September, 1862, furnishes no evidence of any enlistment of inen by Captain Maftit.

With regard to the other information contained in this document, and in your letter to the attorney general, his excellency will take such steps as may appear to him to be titting.

Among these will be the transmission of the correspondence to Her Majesty's government, whose attention he will call to the irrelevant and injustitiable accusations brought against this government in your recent letters both to the attorney general and myself.

I have, &c.,


('olonial Secretary.

(Inclosure in No. 47.)

Hr. Jhiting to Gorrrnór Bayley.


September 8, 1862. Sir: I have the honor to inform your excellency that I have good authority for stating that the schooner Prince Alfred, of Nassau, took the Oreto's armament from this port and discharged the same on board that steamer at Green Cay, one of the Bahamas. That the Oreto afterward left Green Cay with the secession flag flying at her peak. That the Prince Alfred has returned to this port, and now lies at Cochrane's Anchorage, and I am credibly informed that her captain is again shipping men to be sent to the Oreto in direct contravention of the foreign-enlistment act.

I earnestly urge upon your excellency the propriety of instituting some inquiry into these patters, and of preventing acts so prejudicial to the interests of the friendly Government which I have the honor to represent.

I bave, &c.,


(Inclosure 9 in No. 47.]

Mr. Nesbitt to Mr. Whiting.

COLONIAL OFFICE, Nassau, September 9, 1862. Sir: In reply to your letter of the 8th instant, directed to the governor, I am instructed by his excellency to inform you that if you feel assured that you have sufficient credible evidence to substantiate your allegation, and will put your evidence into the hands of the attorney general, his excellency will direct a prosecution against the captain of the Prince Alfred, or others wbo may have been guilty of violating the foreign-enlistment act.

But his excellency has no authority to take any steps against the Oreto which is out of his excellency's jurisdiction.

I have, &c.,


Colonial Steretary.

(Inclosure 10 in No. 47.)

Memorandum by the attorney general of his interrica with Mr. Jackson.

On the afternoon of the 231 February Mr. Jackson, agent for the New York underwriters, came into my office and, addressing me, asked whether I remembered a rumor which had been in existence two or three years back of the armament for Oreto, afterward tbe Florida, having been carried froin Nassau in a schooner called the Prince Alfred, and, on my replying in the affirmative, said, “Well, Maflit is now here, and there are two men also here who can prove that the Oreto was fitted out at Green

H. Ex. 282-21

[88] Cay," or words to the like effect. I virtually replied, using, as nearly as I *can

remember, the following words: “That is an old (or stale) story ; tell me of some intended breach of the law on the part of Maffit or any one else, and I will endeavor to stop it at once, but I won't act in this matter unless you bring very distinct and positive evidence before me."

He then said something about Mr. Dillet having taken the evidence at the time, and that I might get it from him, to which I remarked that, if the United States authorities bad had evidence taken at the time, it should at once have been laid before the local government, in order that its weight might have been judged of and the course of government decided on.

Here the conversation ended; and, after speaking about some other matters, he left, having been with me altogether not more than ten minutes.

Whether Mr. Jackson came to my office merely for the purpose of making the communication referred to I cannot say; but I think it probable that that was the objeet of his visit. He has, however, within the last three months, been in the habit of frequently calling and conversing with me at my office, first, chietly with reference to a criminal prosecution pending against a man of the name of Savage for an alleged complicity in a case of collusive wrecking, and more recently in reference to the case of Verdon Locke, against whom he, as agent for the New York underwriters, laid the original charge. In this latter case he had been in daily communication with me since the arrest of Locke on the 20th ; and in such conversations had repeatedly spoken of Maftit, who was in command of the Owl, from on board of which vessel Locke was taken, without binting the existence of any charge against him; and when he suddenly mentioned it on the 230, Maffit having been then in port here for some time, I certainly viewed it as a stale charge brought forward at the eleventh hour, and one which I was not called on to notice in an unofficial manner, without any details to warrant me in initiating criminal proceedings, and paid no attention to it. I would remark, however, that before Captain Maftit could have been in due course of law arrested to answer the charge, a regular information on oath must have been laid before a justice of the peace, or such distinct and positive testimony should have been laid before me as would have satistied me, as attorney general, not only that a violation of law had taken place, but as would enable me to name the witnesses and the precise nature of their testimony; in which case, acting under a local law, I might have issued a precept to a magistrate to inquire, sending him at the same time the names of the witnesses to support the charge.

Up to this moment I am without the latter, as although I have written to Mr. Jackson for the names of the men alleged to have been here, he has, up to this moment, been unable to give them to me, and has only given me, as a means of getting hold of them, the probable place in which one of them is to be found. This was given to me on Saturday, and the police are now in search of them. (Signed)


Attorney General, Marcii 6, 1865.

[Inclosure 11 in No. 47.)

Vr. Kirkpatrick to Mr. Nesbitt.


Nassau, December 9, 1964. Sik: I have the honor to acknowledge the receipt of your favor of this day's date. You say, “That if I have any evidence tending to show that any violation of the municipal law has taken place in regard to the steamer Mary, late Alexandra, and will subinit to me your proofs for consideration, prompt measures will be taken to vindicate the law should such proofs be of a nature to justify the adoption of proceedings either for the arrest of the vessel or for the prosecution of any party or parties who may be indicated by you.”

I thank your excelleney for the offer made; and if you would indicate what additional evidence is required I would respectfully consider what my duty would be in regard to it. I have no power to compel the attendance of witnesses to give evidence, even if it were possible for me to do so; my information comes to me in most cases strictly confidential, or from parties who, if known, would be ruined in their business, some of whon may be getting their livelihood from parties interested in these very violations spoken of. Should I be called upon to furnish proofs of the violation of the municipal laws of this colony? Should it not rather be the duty of some one in some

department of government to obtain information as to the vindication of their [89] own *laws! Nevertheless, if such officer as you may indicate will call upon me

I will furnish him the names of parties, confidentially, who may be able to put

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