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No. 59.

Sir F. Rogers to Mr. Hammond.

DOWNING STREET,

June 25, 1863. (Received June 26.)

Instructions to the

governor.

SIR: I am directed by the Duke of Newcastle to acknowledge the receipt of your letter of the 12th instant, inclosing a further opinion of the law-officers of the Crown respecting the partiality alleged to have been shown by the governor of the Windward Islands to the confederate steamer Oreto.

I request that you will state to Earl Russell that his grace proposes, with his lordship's concurrence, to address to Governor Walker, and to the governors of the several West Indian colonies, the following dispatches communicating his lordship's opinion in respect to the restrictions under which coals are to be furnished to Federal and confederate ships of war.

I am, &c.,
(Signed)

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SIR: I have received and had under my consideration your dispatch of the 7th March, giving an account of certain communications which have passed between yourself and Rear-Admiral Wilkes, of the United States Navy.

You were quite right in refusing to enter into correspondence with that officer upon the matter adverted to in his dispatch of the 5th March. On this and other occasions it has become evident that interviews and explanations such as you accorded to RearAdmiral Wilkes were made the pretext for placing on record charges more or less direct against officers of Her Majesty. And I think that, as the governor of one of Her Majesty's colonies owes no explanation of his conduct to an officer of the United States Navy, it will be prudent hereafter to avoid such explanations as far as the rules of courtesy will allow. It is the wish of Her Majesty's government that matters of complaint should in general be discussed between the two governments concerned rather than between any subordinate officers.

With regard to the issue of coal to the war-vessels of the belligerents, you have, I think, allowed yourself too much liberty in giving the “special permission" to take in fuel contemplated in Her Majesty's proclamation. Coal, in the opinion of Her Majesty's government, ought not to be supplied to a vessel of war of either belligerent except in such quantity as may be necessary to carry such vessel to the nearest port of her own

country, (or, of course, any nearer port,) and this, I will add, without reference [102] to the question whether the ports of that country are or are not under blockade. In case of such blockade it will rest with the officer in command to seek some more convenient destination. If within the period prescribed by the proclamation a vessel thus furnished with coal in one of Her Majesty's possessions should apply for a second supply in the same or another colony, the application may be granted if it is made to appear that, owing to real necessities arising from stress of weather, the coal originally given has been prematurely exhausted before it was possible that the vessel could, under existing circumstances, have reached the destination for which she coaled.

But if it should be the case that the vessel has not, since taking in coal, been bona fide occupied in seeking her alleged destination, but has consumed her fuel in cruising, the coal should not be replenished under the terms of the proclamation. Such a case is not one to which the "special permission" referred to in that proclamation was intended to apply.

Her Majesty's government are of opinion that the regulations of the proclamation thus interpreted should be strictly adhered to without any arbitrary concession to either belligerent. It is by such a course that misunderstandings and complaints of partiality will be most certainly avoided. An unauthorized concession to one belligerant, it may

H. Ex. 282- -22

be safely assumed, will not be accepted by those to whom it is made as a justification of a similar concession in an opposite direction.

I approve of your having communicated to the officers administering the government of the other West Indian Islands the fact that certain Federal and confederate vessels of war had called at Barbados.

I shall instruct the governors of the other islands to follow the same course, communicating in all cases the name of the vessel, its alleged destination, and the date of receiving the coal, and the quantity allowed to be placed on board.

I have, &c.

Inclosure 2 in No. 59.]

Draught of circular to all governors of the West Indian colonies except Barbados. DOWNING STREET, June - 1863. SIR: I think it well to communicate to you the decisions at which Her Majesty's government have arrived on certain questions arising out of the instructions which I transmitted to you in my circular dispatch of the 1st February, 1862, respecting the duties of neutrality to be observed during the existing hostilities between the Federal and Confederate States of

Circular to goverColonies as to coal

nors of West Indian

ing.

North America.

I must first, however, observe that the governor of one of Her Majesty's colonies owes no explanation of his conduct to an officer of the United States Navy, and that it will be prudent to avoid any detailed explanations as far as the rules of courtesy will allow. It is the wish of Her Majesty's government that matters of complaint should, in general, be discussed between the two governments concerned rather than between any subordinate officers.

With regard to the issue of coal to the war-vessels of the belligerents, I have to state that coal supplied to a belligerent vessel of war, under the "special permission" contemplated in Her Majesty's proclamation, should be issued in no greater quantity than may be necessary to carry such vessel to the nearest port of her own country, (or, of course, any nearer port,) without reference to the question whether the ports of that country are or are not under blockade. In case of such blockade, it will rest with the officer in command to seek some more convenient destination. If, within the period prescribed by the proclamation, a vessel thus furnished with coal in one of Her Majesty's possessions should apply for a second supply in the same or another colony, the application may be granted, if it is made to appear that, owing to real necessities arising from stress of weather, the coal originally given has been prematurely exhausted before it was possible that the vessel could, under existing circumstances, have reached the destination for which it was coaled.

But if it should be the case that the vessel has not, since taking in coal, been bona fide occupied in seeking her alleged destination, but has consumed her fuel in cruising, the coal should not be replenished under the terms of the proclamation. Such a case is not one to which the "special permission" referred to in the proclamation was intended to apply.

[103] *Her Majesty's government are of opinion that the regulations of the proclamation thus interpreted should be strictly adhered to, without any arbitrary concession to either belligerent. It is by such a course that misunderstandings and complaints of partiality will be most certainly avoided. An unauthorized concession to one belligerent, it may be safely assumed, will not be accepted by those to whom it is made as a justification of a similar concession in the opposite direction.

In the event of any Federal or confederate vessel of war coaling at any port of the colony under your government, I have to instruct you at once to communicate to the governors of the several West Indian colonies the name of the vessel, its alleged destination, the date of receiving the coal, and the quantity allowed to be placed on board. I have, &c.

No. 60.

Mr. Layard to Sir F. Rogers.

FOREIGN OFFICE, July 7, 1863.

SIR: With reference to your letter of the 25th ultimo, I am directed by Earl Russell to request that you will state to the Duke of Newcastle

that Lord Russell concurs in the instructions which his grace proposes to address to Governor Walker and to the governors of the several West India Islands, respecting the restrictions under which coals are to be furnished to Federal and confederate ships of war.

I am, &c.,
(Signed)

No. 61.

A. H. LAYARD.

Earl Russell to Lord Lyons.

FOREIGN OFFICE, July 9, 1863.

MY LORD: With reference to your lordship's dispatch of the 17th April, relative to the partiality alleged to have been shown by the governor of the Windward Islands to the confederate steamer Oreto, I transmit to you herewith a copy of a letter from the Colonial Office,' inclosing copies of instructions which the Duke of Newcastle proposes to address to the governor of the Windward Islands and to the governors of the British West India colonies, respecting the restrictions under which coals are to be furnished to Federal and confederate ships of war. A copy of the answer which I have caused to be returned to the Colonial Office is likewise inclosed.2

I am, &c.,
(Signed)

No. 62.

RUSSELL.

The secretary to the admiralty to Mr. Hammond.

Prize or tender

ashore.

ADMIRALTY, July 15, 1863. (Received July 17.) SIR: I am commanded by my lords commissioners of the admiralty to send you herewith, for the information of Her Majesty's secretary of state for foreign affairs, a copy of a letter, dated burned and drifted the 29th June, from Captain Tatham, of Her Majesty's ship Phaeton, at Saint Thomas, relating to a prize to the Florida (confederate vessel) having been burned and the crew landed at Barbados, and re porting that General Santa Anna, formerly President of Mexico, had been recalled to that country.

I am, &c.,
(Signed)

C. PAGET.

[104]

*[Inclosure in No. 62.]

Captain Tatham to the secretary to the admiralty.

[Extract.]

PHAETON, Saint Thomas, June 29, 1863.

The following extract from my letter of proceedings to the commander-in-chief may be interesting to their lordships:

"Admiral Wilkes has been relieved by Admiral Lardner. The former has sailed in the Federal Alabama, for Havana; the latter, in the Ticonderoga, (screw, 16 guns,)

No. 59,

2 No. 60.

has gone, it is said, to Barbados, respecting a prize to the Florida, burned and drifted on shore on the Cobblers' Rock, on the 20th instant.

"The prize-officer was recognized as belonging to the Florida, and he states that the vessel had been kept as a coaling-vessel and tender to the Florida. Not being able to reach a confederate port, they determined to burn her, and the crew landed at Barbados while the Phaeton was there.

"The bark seems to have had a quantity of tobacco on board, but there is no trace of coal.

"The vessel's name on her stern was obliterated, and a great many handcuffs and irons have been found.

66

Though there seems every probability she is a prize, the story of the prize-crew does not seem quite clear, and the obliteration creates suspicion ; but more particulars may be elicited before the court of vice-admiralty.

"There were some irregularities by wreckers, which were put down by the police. "It is reported, apparently on good authority, that Santa Anna, former President of Mexico, and now resident at this island, has been called to Mexico by some party under French protection, and he goes there by the next packet.

"If the French really desire to escape from their position, this might be a means to such an end, but far from the programme announced by the Emperor, and very disappointing to British interests.

"The depot-ship Gansbok is now the only Federal in this port.

"The lieutenant-governor of this island has been appointed governor of Santa Cruz, and the Danish corvette Dagmar has returned to Europe."

No. 63.

Governor Rawson to the Earl of Kimberley.

WINDWARD ISLANDS, Barbados, September 8, 1871.

MY LORD: I have the honor, in reply to your lordship's circular dispatch of the 24th July, calling for information regarding the proceed ings of the so-called confederate cruisers in these seas, to forward a report from the harbor-master, detailing the circumstances of the visit of the Florida to Barbados in February, 1863.

2. I have written to the other islands to ascertain whether any of the cruisers in question visited them. I have as yet only received a reply from Saint Lucia, where none of them made their appearance. I expect a similar answer from the other islands.

3. I will not pass over without notice the occurrence of the stranding of a burned bark on the eastern coast of this island, on the 20th June, in the same year, which proved to be the Lapwing, of New York, a prize of the Florida, which had cruised for nearly two months as her tender, and which is supposed to have been set on fire by her crew, on finding themselves beset by Federal war-steamers, as, on the day of her stranding, a ship's boat, manned by two officers and eight men, part of the crew of the Florida, arrived in Carlisle Bay.

4. I have taken these details from Governor Walker's dispatches of 24th June and 7th July, 1863, respectively. I have only to add that the hull and materials saved were sold by the vice-admiralty court, and that, after payment of salvage and expenses, the balance, amounting to £170 Ss. 11 d., was handed over to the Atlantic Mutual Insurance Company, which had established its claim to it. I inclose the certificate of the registrar of the court to the above effect.

I have, &c.,
(Signed)

RAWSON W. RAWSON.

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I certify that the Confederate States war-steamer Florida, of 8 guns, Maffit commander, arrived at this port the 24th of February, 1863, about 11 a. m., from Mobile, in want of coal and provisions, which were supplied by mercantile firms of this city; and that she left the port the next night, (25th.)

That no captured vessels were brought into port with her, nor was there any molestation by her of any American vessels then in port, or approaching it.

That the Florida was the only confederate war-vessel that visited this port during the American rebellion, and that no captures arrived at this port during that period. Given under my hand and seal, at the harbour-master's office, the 31st day of August, 1871. E. M. CLAWSON,

(Signed)

Harbor-Master, and Captain of the Port.

[Inclosure 2 in No. 63.]

Vice-admiralty court of Barbados.

On the 23d day of June, 1863, a warrant on the petition of Samuel Taylor, esq., Queen's proctor, who was also a party to the proceedings in the cause, was issued out of this court, to arrest a derelict vessel, her tackle, apparel, and furniture, lying stranded in a bay called Cole's or Mottley's Bay, on the windward coast of this island; and the same was duly executed by Charles Tinling, esq., the marshal of this court; the name of the vessel was unknown, but was afterward ascertained to be the Lapwing. Certain portions of the sails, cargo, and portions of the vessel were saved and brought on shore by various persons, who claimed salvage for the same, which was awarded by the court, and paid to the several parties who respectively filed their claims on oath. The hull of the vessel and articles saved were sold by auction, and the same paid into the registry, after deducting the expenses of sale, amounted to the sum of £344 168. 2d. This sum was subsequently claimed by the agent here of the Atlantic Mutual Insurance Company of New York, United States of America; and after proof before the court, a balance or a sum of £170 88. 114d. remaining, after payment of the salvage, and costs of arrest, the petitioners for salvage, and payment of such balance paid to Peter Chapman, proctor for said Atlantic Mutual Insurance Company.

(Signed)

SAML. HUSBANDS, Registrar, Vice-Admiralty Court.

SEPTEMBER 8, 1871.

No. 64.

Consul Lennon-Hunt to Earl Russell.

PERNAMBUCO, May 1, 1863. (Received May 22.)

MY LORD: The French bark Bremontier has just arrived at this port, bringing fifteen seamen belonging to various merchantvessels lately sailing under the flag of the United States.

Prisoners landed at Pernambuco, May 1, 1863.

The master of the Bremontier reports that he was brought-to by the steam-vessel Florida, of the Confederate States of North America, in latitude 10 south, longitude 31° 30′ west, and was asked by the commander of the Florida his destination, and the number of passengers he could take.

The master replied that he could only take six, but the commander of the Florida insisted upon his taking fifteen.

The French master says that, being under the Florida's guns, with the crew at quarters, and the guns run out, he believed that violence was intended if he refused to comply with the demand, and that, under compulsion, he received the men on board his vessel.

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