Lapas attēli

tions have been instituted, indeed, against a few persons who were alleged to have been acting in contravention of the provisions of the enlistment act. Mr. Rumble, after escaping from justice by the leniency of a jury, received a decided censure from the government; Captain Corbett, the officer commanding the Sea King, though prosecuted, appears never to have been brought to trial. But these, with a few minor cases, were exclusively those of British subjects, who appear to have been acting merely as instruments of a power above their heads. Not a single individual directly connected with the rebellion, and sent here to conduct the operations, has ever been molested in any manner. It cannot, therefore, be at all a matter of surprise when the mainspring of the various naval enterprises, the director of the Alabamas, Floridas, Georgias, and Shenandoahs, was left wholly undisturbed, that it has been impossible to put a stop to the damage which has ensued to the people of the United States from the ravage and depredation committed upon them by the operations carried on from this kingdom. At the very time when the fortunate encounter of the Alabama by the United States steamer Kearsage terminated in the destruction of one of these corsairs, the offspring of the violated law of this land, and when the people of the United States were congratulating themselves that one great cause of irritation between the two countries was at last laid to rest, it now appears that the directing power to which I have alluded at once turned its attention to a husbanding of the seamen saved by a trick from the hands of the victor, with a view to the immediate production of a successor to the same work. The evidence which I now have the honor to submit shows that many of the crew saved from the Alabama have been from the beginning, and still continue to be part of the crew of the Shenandoah. Neither does it appear from anything within my knowledge that the smallest attention was ever paid by Her Majesty's government to the representations which I had the honor to submit at the time touching the probability of precisely such an operation.

That the principal person engaged in the direction of this bureau was an officer by the name of J. D. Bullock, expressly dispatched from Rich. mond for the purpose of organizing it, is a fact to which I had the lionor to call your lordship's attention in many different forms during the progress of the struggle. Yet, in spite of all this evidence, Mr. Bullock appears to have been permitted to conduct his operations, and especially to shape the outfit and the entire cruise of the Shenandoah, without the smallest interference from any official quarter.

It may, however, be objected that whatever may have been the nature of my remonstrances, no sufficient evidence was presented of the official character and proceedings of Mr. Bullock to sustain the initiation of any prosecution against him in the courts. To which I am pained to be

constrained to reply that my Government has reason to believe [581] *that Her Majesty's government has in one instance considered.

that evidence sufficient to sustain it in recognizing the authority of Mr. Bullock over the commander of the Shenandoah so far as to stop its career, and in consenting to furnish the medium by which to transmit his orders to that vessel. The power to prevent certainly implies the previous existence of a power to control. I beg permission to express the hope that inasmuch as the papers in which this fact appears have not come into the hands of my Government by direct communication from your lordship, I may presume them not to be genuine.

Should the fact be otherwise, however, while readily conceding that the motive for such a proceeding may have been substantially of the most friendly nature, in accelerating the termination of the ravage com

mitted by that vessel, I do not at the same time feel at liberty longer to disguise from your lordship the sense of extreme surprise which the knowledge of it has caused, not less on account of the singular recog. nition thus incidentally made of the authority of one long since pointed out as the principal offender against the neutrality of this kingdom, and enjoying a degree of impunity difficult to be understood, than of the fact that Her Majesty's government appears to have determined thus to act without deigning any friendly signification of its purpose to the party most directly interested in the decision.

Since the preceding was written I have had the honor to receive unofficially from your lordship the gratifying intelligence that Her Majesty's government have decided to send orders to detain the Shenandoah if she comes into any of Her Majesty's ports, and to capture her if she be found on the high seas. I have taken great pleasure in transmitting this to my Government. At the same time, I trust I may be pardoned if I am compelled to remark that had Her Majesty's government felt it to be consistent with its views to adopt this course at the time when it adopted that upon which it has been my painful duty to animadvert, it would have most materially contributed to allay the irritation in my own country inseparable from the later outrages committed by that vessel.

Having thus acquitted myself of the unpleasant duty with which I have been charged, I pray, &c., (Signed)


(Inclosure 1 in No. 32.]


Messrs. Merrill & Co. to Mr. Seward.

Destruction of W. C. Nye.

SAN FRANCISCO, August 16, 1865. DEAR Sır: The English propeller Sea King, alias confederate steamer Shenandoah, kas made her appearance in the Arctic Ocean and threatens the destruction of the entire whaling-fleet. I'wenty-five whaling-vessels have already been burned by her, and four others captured and bonded for the purpose of briuging the crews of the burnt ships to this port and the Sandwich Islauds.

On the 26th of June she burnt our bark the William C. Nye, of this port, sending her crew on to this port in the whaler General Pike, and we wish to place on file or present for collection our claim against the English government for the destruction of the said vessel, amounting to $280,212.30. The size of the William C. Nye, and the owners of her, are certitied to by our deputy collector; and we forward with the claim the captain's “ extended protest.” Please inform me whether the claim should be presented in any different shape.

Allow me to suggest that the next Congress be recommended to appoint a “commission” to adjust these claims, while all the testimony that may be required can be obtained, and the various facts in the different cases are fresh.

We remain, &c.,


The bark William C. Nye was the capacity of 3893} tons, as appears from copy of her register on file in this ottice, and she was owned as per statement hereunto attached.

In witness whereot I bave hereunto set my hand and seal, at San Francisco, this 11th day of August, 1865. (Signed)


Deputy Collector. H. Ex. 282- -54


*SAN FRANCISCO, August 7, 1865. English propeller Sea King, alias Confederate States steamer Shenandoah, Dr.,

to J. C. Merrill & Co., owners and agents of American bark William C. Nye. Bark William C. Nye, live-oak built, coppered and copper-fastened, 3893} tons, burned in the Arctic Sea, June 26, 1865..

$35, 000 00 Boats, casks, crafts, provisions, whaling-guns, bombs, and materials 20, 000 00 150 barrels whale-oil on board, 4,725 gallons, at $1.50.

7,0-9 00 Season's catch destroyed, estimated 2,500 barrels wbale-oil, 78,750 gallons, at $1.50.....

118, 125 00 Whalebone, 50,000 pounds, at $2

100, 000 00

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State of California, city and county of San Francisco, 88 : To all people whom these presents shall or may concern:

I, E. V. Joice, a public notary in and for the State and county aforesaid, by letters patent under the great seal of the said State duly commissioned and sworn, dwelling in the city of San Francisco, send greeting:

Know ye that on this 7th day of August, in the year of our Lord 1865, before me, the said notary, at my office in the city of San Francisco, personally appeared S. H. Cooter, master of the bark William C. Nye, belonging to the port of San Francisco, (the said master baving personally noted in due form of law bis intention to protest,) who, together with Fitch Way, second officer, John Sheridan, steward, and John Scanlan, carpenter, belonging to the aforesaid vessel, being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily and soleinnly did declare and depose as follows, to wit:

Tbat they, the said appearers, on the 27th day of March, 1863, set sail and departed in and with the said vessel from the port of San Pedro on a whaling-cruise and bound for the Arctic Ocean, the vessel being then stout, stanch, and strong, ber cargo well and sufficiently stowed and secured, well masted, manned, tackled, victualed, appareled, and appointed, and in every respect fit for sea and the voyage she was about to undertake. That on the 27th day of March we left San Pedro, bound for the Arctic Ocean on a wbaling-cruise, baving on board about one hundred and fifty barrels of oil, the catch of between seasons. Meeting with no incident worthy of note, on the 25th of May we made Cape Thaddeus, and were cruising for whale, when on the nioruing of the 26th of June, at 2 o'clock, ihe officer of the deck came down and reported wbat be thought to be a steamer close to us. Before the master could get on deck the steamer had hailed our bark to haul aback, which was done. The steamer loweredd a boat and came alongside ; an officer came on deck and said to Captain Cootey, “ You must consider yourself a prize to the confederate inan-of-war Shenandoah." She had no flag flying, and this was the first intimation we bad of her character. The officer then inquired how many officers we had on board, and was informed four, when he ordered the captain and officers, with her papers, to get into his boat and go aboard the steamer. At this time the war-steamer was within one hundred and fifty yards of the bark, and her guns were all visible, and the magnitude of her strength and ability to carry ont his orders was apparent. We got aboard the boat and were taken on board the Shenandoah, when an officer ordered the captain to go into the cabin, where he was met by Captain Waddell, in command of the Shenandoah, who inquired of the captain for his papers, which were handed over and then given to the clerk. A bond or parole was then made out for the captain and officers to sign, but the precise character of the document is not known. However, upon this being done, and all the papers belonging to the ship, including her register, taken possession of by the clerk of the steamer, we were then informed by the commander of the steamer that he was done with us, when we were taken down into the between decks and there searched by a person called master-at-arms, who treated us with every indignity he could in

vent; our pockets turned inside out, clothing rudely examined, and then ordered to

sit down on the floor with some Chipamen. After remaining in this place about [583] thirty minutes we were ordered on deck, and go aboard our *bark to get a por

tion of our clothing. And while we were (packing, the partitions were being knocked down preparatory to burning the vessel. In about fifteen minutes after going aboard we were ordered to leave, when the bark was set on fire, and we were then put on our own whale-boats in tow of the steamer, when she started for two or three other whalers in sight to the northeast. After capturing and burning these vessels as well as our own, we were, by order of the captain of the Shenandoah, put on board the bark General Pike, together with those belonging to captured whalers, which vessel was bonded to take us to San Francisco, where we arrived August 1, 1865. There were seven ships' companies put on board the Pike, of about three hundred tons, all of whom suffered in consequence of the crowded condition of the ship, and the want of accommodation for the voyage to San Francisco.

The bark William C. Nye was well found and equipped in every respect for the voyage she had undertaken.

And the said appearers further declare that, as all the damage and injury which already has or may hereafter appear to have happened or accrued to the said vessel, her freight and cargo has been occasioned solely by the circumstances herein before stated, and cannot be attributed to any insufficiency of said vessel, the neglect or default of him, tbis deponent, his officers or crew, he now requires me, the said notary, to make this protest and this pnblic act thereof, that the same may serve and be of full force and value as of right sball appertain. And thereupon the said master protested, and I, the said notary, at his special instance and request, did as by these presents I do publicly and solemnly protest against the winds, weather, and seas, and against all and every accident, matter and thing, had and met with as aforesaid, whereby or by means whereof the said vessel, her freight, or her cargo, already has or hereafter shall have sutfered or sustained loss, damage or injury, and for all losses, costs, charges, expenses, damages, and injury which the said vessel, or the owner or owners of the said vessel, or the owners, freighters, or shippers of her said cargo, or any other person or persons interested or concerned in either, already have been or may bereafter be called upon to pay, sustain, incur, or be put into by or on account of the premises, or for which the insurer or insurers of the said vessel, her freight or her cargo, is or are respectively liable to pay or make contributions or average according to custom, or their respective contracts or obligations, so that no part of any losses, damages, injuries, or expenses already incurred or hereafter to be incurred, do fall on him the said inaster, his officers, or crew.

Thus done and protested, in San Francisco, this 7th day of August, in the year of our Lord 1865.

In testimony whereof, as well the said appearers as I, the notary, have subscribed these presents, and I also caused my seal of office to be hereunto affixed the day and year above written. (Signed)


Notary Public. (Signed)

S. H. COOTEY, Master.
FITCH WAY, Second Officer.
JOHN SCANLAN, Carpenter'.

STATE OF CALIFORNIA, City and County of San Francisco, 88 :

I, the undersigned potary public, hereby certify the foregoing act of protest to be an accurate and faithful copy of the original on record in my book of official acts. In testimonium veritas, (Signed)

E. V. JOICE, Notary Public.

(Inclosure 2 in No. 32.)


Mr. Blanchard to Mr. Seward.


Melbourne, February 23, 1865. Sır: It is my painful duty to inform you that an armed steamship, flying the flag of the so-styled Confederate States, now called Shenandoah, but in reality the British vessel Sea King, entered this port on the 25th January, States consul. 1865, at about 8 o'clock p. in., and that said vessel was allowed to repair, to go upon a

Report of United

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dry dock, to coal; and that she was allowed to depart at about 7 o'clock a. m. on the 18th February, 1865, notwithstanding my continued protest. [584] *On the 25th January, the telegraph announced that a steamship supposed to

be the Royal Ståndard, from Liverpool, fifty-two days out, was in sigbt; late in the evening rumors were in circulation to the effect that the vessel seen was the Confederate war-ship called Shenandoah.

On the morning of the 26th I learned from the papers that the confederate ship Shenandoah had anchored in the port about dark the day before.

On coming to the consulate on the morning of the 26th January, 1865, I found there the following-vamed persons, all of the late American bark Delphine, burned at sea on the 26th December, 1864, and claiming to be prisoners of war to the confederate steamship Shenandoah, and on parole not to communicate anything to the detriment of the confederate cause or that would lead to the capture of said ship, viz., William Green Nichols, master ; E. T. Joves, first mate; E. P. Nichols, second mate; E. T. Lingo, steward ; William Scott, carpenter; Charles Hemming, Frederick Lendbug, aud William Edstrom, seamen.

Being anxious to get a description of the vessel and her armament, to send off in the mail just then closing, I used every endeavor to procure it from the above persons, and at near 1 o'clock succeeded in getting enough information to enable me to send such description of said vessel to Mr. Adams, and also to our consul at Hong-Kong, with a view of baving a cruiser put on her track as soon as possible, which dispatches I sent on board the mail-steamer then in the bay, the mail having closed at Melbourne, a copy of which is herewith inclosed, (No. 3.)

While I was taking Captain Nichols's testimony, which is inclosed, (No. 4.) I received a dispatch from the commission of trade and customs at 3.30 p. m., informing me that an application had been made to land certain prisoners from the confederate steamer Shenandoah, and wanting to know, for the information of the governor, whether I, as consul for the United States, would take care of and provide for them if landed. A copy of the dispatch is herewith iuclosed, (No. 5.)

The Noveinber mail from Europe, which arrived here about the middle of January, brought the news that the Sea King and Shenandoah were one and the same sbip, and that she had not entered any port since leaving England. I took the position toward the authorities here, that she was not entitled to the rights of a belligerent as contemplated in Her Majesty's neutrality proclamation, and that she could not change her nationality at sea.

I therefore, in answer to the dispatch of the commissioner of trade and custoins, sent an answer direct to Sir Charles Darling, tbe governor, then at the government house, Toorak, about five iniles off, a copy of which (No. 6) is herewith inclosed, and which was delivered and receipted for at 6.45 p. m. same day.

On the 27th January I continued the examination of the men from the Delphine, several of whom told me that all the captured men who had been induced to join said vessel bad done so either after imprisonment and punishment or to avoid it through threats, and that they believe they would all leave if I would protect them from arrest. Iinformed the men that I wonld protect all persons that had shipped under such circumstances from captured American vessels, and directed such men, if any such were seen ashore by them, to inform them of my determination, and direct to me or come with them. I did this with the view of liberating the men, of reducing her crew, which was mostly made up of such impressed men, and of obtaining information that the men I then had would not give on acconnt of their parole.

I also sent to the governor an argumentative dispatch, again protesting agaiust said Sea King-Shenandoah, and maintaining that said vessel was in violation of Her Majesty's proclamation, a copy of which is herewith inclosed, (No. 7.)

On the 28th I received a dispatch from C. J. Tyler for private secretary, informing me that my dispatches of 26th and 27th January bad been referred by the governor to his legal advisers, and that bis excellency the governor would acquaint me with his decision after he had received the advice of the attorney general, à copy of which is herewith inclosed, (No. 8.)

After receiving the above, I forwarded to the governor a dispatch of same date, stating that evidence was daily accumulating in my oflice in support of the several protests I had sent him, and calling his attention to special reasons why said vessel should not receive the treatment of a belligerent, and protesting against the aid and comfort and refuge now being extended to said vessel, a copy of which is herewith inclosed, (No. 9.)

Being under the impression that the governor of New South Wales was still gov. ernor general of all the Australian colonies, I sent to Mr. Leavenworth, our cousul at

Sydney, a dispatch, a copy of which (No. 10) is herewith inclosed, inclosing [585] therein *copies of the correspondence with the authorities here, and urging

him, if my impressions in regard to the governor generalship were correct, to

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