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87 Foreign office to admiralty.... Nov. 10, 1865 Request explanations as to Captain

Paynter's inquiry, and specifically as to Martin, Hutchinson, Clark, Jones, Silvester, and Jackson, and seamen of naval reserve, Forwarding copy of No. 87

677

948

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Crew all landed.

Vessel to be re

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Nov. 11, 1865

tained for delivery to Mr. Adams. Vessel delivered to the United States consul at Liverpool,

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Informing him of the proceedings
which have been taken.

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93 Admiralty to foreign office.... Nov. 13, 1865 Report from Captain Paynter as to

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his inquiry into the nationality of
the crew.

United States consul authorized by
Mr. Adams to receive the vessel.
Captain Paynter's duties at an end.
Entertains no doubt that the prompt
ness of the delivery of the vessel
will give great satisfaction to his
Government. Disappointment at
treatment of crew.

Delivery of the vessel on the 10th
instant.

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97

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98

Nov. 15, 1865

Forwarding copy of Captain Payn-
ter's report.

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99 The Earl of Clarendon to Mr.
Adams

Nov. 17, 1865

No evidence against the crow. A 685
prosecution for piracy could have
been instituted by any person if
there had been evidence forthcom-

957

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108

The Earl of Clarendon to Mr. Jan. 19, 1866 Reply to note of 28th ultimo.
Adams.

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111

Page. Page. Re- 706 961

marks on Temple's statements. In-
quiry to be made and prosecutions
instituted if they can be sustained.
Captain Paynter to report on Tem-
ple's statements.
Acknowledging receipt of note of
19th instant. Anxious to establish
the truth.

The Earl of Clarendon to Mr. Jan. 29, 1866 Glad to co-operate in establishing the
Adams.

truth and in rendering clear and
practical the obligations of neutral

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of Mrs. Marshall's statement. Offer
of Temple to perjure himself at
Corbett's trial.

nations.

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Inquiring what has been done as to
prosecutions.

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Feb.
Feb.

2, 1866

7, 1866

Treasury solicitor to report
Report of treasury solicitor.

709

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116

117

118

119

115 Admiralty to foreign office....
Home office to foreign office...
Foreign office to home office...
Sir F. Bruce to the Earl of
Clarendon.
Home office to foreign office... Mar. 16, 1866 Further inquiries made,

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Report of Captain Paynter. Untrust.
worthiness of Temple.

Insufliciency of evidence for prose-
cuting.

United States Government consider
further discussion postponed.

Statement
of Mr. Hull on behalf of Captain
Waddell. Statements of Mr. Han-
mer and R. Rosel.

120 Law-officers to foreign office... Mar. 28, 1866 Opinion as to result of inquiries made.

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2 2 2 2 2

Informing him of the result of the 722

inquiries into Temple's statements.

Reply to No. 123. Will forward copies

to his Government.

Original character and design of the

Sea King. Her first voyage and na

ture of guns on board of her.

[477]

*SHENANDOAH.

No. 1.

Consul Grattan to Earl Russell.

TENERIFFE, October 30, 1864. (Received November 12.)

MY LORD: I have the honor to inform your lordship that the British steam-vessel Laurel (47,819) of the port of Glasgow, bound from Liverpool to Nassau, arrived here on the 21st instant, for the purpose of coaling.

First intimation

ings of Sea King

at Teneriffe.

The master, J. F. Ramsey, on presenting himself at this office, stated that he wished to land forty-three passengers, who were to proceed to England by the next Liverpool steamer, and respecting proceedthat these persons were the master and crew of the British received from consul steamer Sea King, (official number 48,547,) of London, which vessel had been wrecked off the Desertas. The Laurel continued her Voyage on the 22d instant. The master, on getting up steam, and not before, landed the above-mentioned seamen.

Arrival of Captain

rel, with seamen

ber 21, 1864.

The master of the Sea King, P. S. Corbett, did not call at this office, as is usual in such cases, either for the purpose of making a protest or to claim assistance. Therefore, on the 25th Corbett there in Lauinstant, I sent to desire his attendance, and demanded the from Sea King, Octo certificate of registry of his vessel, in pursuance of instructions contained in No. 13 paragraph of the board of trade instructions. On handing in this certificate he informed me that his vessel had not been wrecked, but that she had been sold in London and delivered to her owners on the high seas, and that himself and his crew had landed here for the purpose of returning to England as passengers in the west coast of Africa mail-steamer, due at this port on the 31st instant.

The discrepancy between the statements of the two masters led me to seek for further information respecting this matter, and the substance of the declaration I have obtained from George Kelly, Edward Everall, John Ellison, (royal naval volunteers 18,436,) and John Hircus, all seamen belonging to the crew of the steam-vessel Sea King, is as follows:

"The Laurel sailed from Liverpool bound to Nassau, with 24 sup. posed officers and 17 seamen, besides her own crew, 45 to 60 shells, about five tons of gunpowder, and various other munitions of war; she proceeded to Madeira, where she took about 300 tons of coals. The Sea King sailed from London on the 7th instant, and also proceeded to the offing of Funchal Roads. Both vessels then steamed to a place off the Desertas, where the sea was smooth, and the officers and men, arms, and munitions of war were transshipped from the Laurel to the Sea King on the 20th instant. The cases of arms were at once opened, and the seamen armed themselves with cutlasses and revolvers. One of the officers then took command of the vessel in the name of the government of the so-called Confederate States of America. Some of the crew of the Laurel joined the Sea King. The remainder of her intended crew are to be sent out from England."

The forty-two seamen now here, in charge of the former master of the Sea King, awaiting a passage to England, refused to join the con federate vessel, though as much as £17 per man was offered to them as bounty.

In consequence of having become aware that a serious offense against British law has been committed on board a British ship, I have thought it my duty to take the depositions, upon oath, of four of the seamen of the Sea King, which I have the honor to forward to the board of trade, according to instructions. [478] *These depositions, in my opinion, contain evidence suffi cient to substantiate a charge against the master, P. S. sent home by con Corbett, of an infringement of the foreign-enlistment violating foreign-en- act. I therefore, pursuant to paragraph 127 of the consular instructions, deem it proper to send the offender in safe custody to England, in order that cognizance of the offense may be taken. I am satisfied that the 42 seamen now here are about to proceed to England by the west coast of Africa mail-steamer, which leaves this port for England on this day.

Captain Corbett

sul, under arrest, for

listment act.

I have, &c.,
(Signed)

HENRY C. GRATTAN.

Ellison.

[Inclosure 1 in No. 1.]

Deposition, upon oath, of John Ellison, R. N. V. 18,536.

I signed as quartermaster in the Sea King on or about the 8th of October, 1864; proceeded to sea; after several days we came off Madeira; on the same Deposition of John night a steamer went into the port of Madeira; on the following morning the Sea King went into the bay, and signalized to the steamers that were laying there, and after two hours the Laniel came out to sea and signalized to the Sea King, and was answered by hoisting No. 3 pendant, which I King from London hoisted myself. I was ordered by one of the passengers to hoist this on a mercantile voy pendant; the captain was on the poop at the time, and, turning round, Shenandoah said to me these words: "Who ordered that pendant to be hoisted! Haul it down immediately;" which I did. After this flag was hauled down-about three-quarters of an hour afterward-the Laurel anchored off what I be

Departure of Sea

age. Conversion in

to the
off Madeira.

Madeira.

lieve to be the Desertas; the Sea King anchored within about thirty Proceedings off yards of her. The captain of the Laurel was on the forecastle; our captain said, "I will come alongside of you directly," and he did so. In the mean time, the men were erecting tackles, rigging purchases to the port main yardarm, and preventer-lifts and rolling-tackle ready. After this, commenced to take in large, heavy cases from the Laurel, I think four or five by means of other purchases. Small cases and casks of powder were taken in forward; all lights ordered to be put out. These orders were given by some of the passengers of the Laurel who had embarked on board the Sea King, and not by our captain. One of these passengers told us that he was the captain, and had charge of the ship, and ordered our captain to hoist the confederate flag, which was done. Shortly after our captain gave orders for all hands to lay aft; when the men were aft, our captain came out of the saloon with our articles in his hand, and said, "Well, men, I have sold the ship." Immediately, the captain that had charge came out alongside of him. Captain Corbett said to us: "This gentleman is offering £4 for able seamen." I was standing close to the captain at the time, and I said to him: "I agreed with you in London to go to Bombay, which I have my naval certificate to prove." I told him, "You have broken your agreement; why are we not proceeding to Bombay?" He said, "Well, men, I cannot help it;" and, buttoning up his coat, he said: "Follow me," (and ran to the gangway ;) “I am off." I said, "Let him go. This is the ship we have earned our money in, and ought to have it out of." After he had gone, one of the passengers said to me: "Why cannot you go in this ship? it is good money." I said I had never earned a shilling in America in my life, and therefore I did not wish to fight for it; that England was my country, and I was not ashamed to own it. He said, "Why?" I said, "You lo not know where I belong to; do you see this on my cap?" I had the naval reserve cap on at the time. "If I were to desert from this, you cannot place any confidence in me; you

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may try, but it is of no use; I have got the wrong heart in me for this; so you have no
need to try me any more." I said to Captain Corbett: "I stop in the ship till I get my
money down on the capstan-head." He said, "Men, I have no money to pay you." I
said, "You have sold the ship; what have you done with the money?" He said, "I
have no money to pay you here;" he said I talked too much. I said, "I will see you
when I get to England." The other royal naval volunteer on board the Sea King told
me that Captain Corbett had offered him between £15 and £20 bounty, and about
£10 per month, as near as I can recollect; he refused this, and in about half an hour
all the men went, without being paid, on board the Laurel. The Laurel went to
reconnoiter a ship which hove in sight, and came back and signalized that she was a
Hamburg vessel. The Laurel laid off about an hour and a half, trying to per-
[479] suade us to join the Sea King, Captain Corbett *doing his uttermost to this end.
When he found it no use, they hoisted the boats and proceeded to Teneriffe,
where we arrived on 20th, at night, and were not allowed to land until the 22d. When
steam was up, ready to depart, the chief officer came forward to the men of the Sea
King, and said: If anybody asks you where you come from, say you are castaway
seamen, and tell the consul the same, if required."

(Signed)

This deposition was made before me and read over to the deponent.
(Signed)

TENERIFFE, October 29, 1864.

ATTA

[Inclosure 2 in No. 1.]

JOHN ELLISON.

HENRY C. GRATTAN,

Consul.

Deposition upon oath of John Allen, R. N. V. 950.

Deposition of John

Allen.

I shipped in the Sea King for a voyage to Bombay and China, voyage not to exceed two years. After we got clear of the channel we stopped the steam and proceeded under double-reefed topsails, dodging along for about three days, as far as I recollect, looking for something. We then made sail and carried on until we came to the island of Madeira; ran in past it at night, then rounded the vessel to, and stood out again till 4 the next morning; then got steam up, and stood in for the harbor again. When we got abreast of the harbor we hoisted our number, which was answered by the Laurel steamboat, lying at anchor. Directly altered the ship's head outward and stood away from the harbor. Then we were followed by the Laurel steamer, which got underway directly we signalized her; then we laxed our steam until she came up to us; she then signalized to us when she was going. Immediately we set full steam on and made all sail. We ran for about two hours and a half, when the steamer rounded an island, and we followed her, taking in all sail; and going up under easy steam, brought the ship to an anchor in 17 fathoms. A boat from the little steamer came alongside of us with the captain in her, and told our captain that he would be alongside of him in a few minutes. Then we commenced to secure our mainyard and get a pendant from the masthead, and got the tackle hooked on all ready for taking some heavy weight on board. Then the Laurel came alongside us, and we commenced slinging the cases until about 9 o'clock; likewise cases of powder, which was carried to the after cabin and stowed away; likewise large cases of shell and shot; also cases of rifles, and a great many cases of clothing. About 9 o'clock we went to our suppers. Went to work again about half past 9, and continued working till about 2 in the morning, taking in kegs of powder; all lights ordered to be put out. They gave us a glass of grog and let us go to bed about 2 o'clock next morning. We were not asked to turn to work. After breakfast the hands were all to come aft. When we were all mustered aft, Captain Corbett waited for the person who proved to be the captain and took charge of the ship. Then he addressed us in this manner: "Men, I have sold the ship; you who like to stop in her, you will get very good wages, and I will give you two months' pay." The men refused to do so. The new captain spoke to the men and told them he would give them two months' advance, £7 per month, and £10 bounty, if any of them would join him. The third engineer and two or three of the firemen joined him. The new captain came to me while I was on the poop, it being my watch, and tried all he could to persuade me to go with him; offered me £14 a month to go as gunner's mate, which I told him plainly I dare not do, as I belonged to the English navy already, and I dare not go into any other. When they found they could not persuade me, they went to Captain Corbett to try if he could not advise me to do so. As I came off the poop, as all hands were standing around the cabin-door waiting to see the captain, the captain (Captain Corbett) came out of the cabin and called me in, and told me I was very foolish to lose such a good chance. I told him I would not go for double the amount. He said when he went home he would not report me, nor let it be known where I was, if I would

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