said that "in sanctioning the coaling of the Florida, he did no more than what he had sanctioned in the case of the United States steamer of war San Jacinto." There was no parallel or even resemblance between the treatment of the San Jacinto and that of the Florida. On the 13th of November, 1863, the San Jacinto received seventy-five tons of coal and some wood at Barbadoes. With that exception she received no coal or other fuel from a British port during that cruise.2 Under these circumstances the United States must ask the Tribunal to declare that the burden is upon Great Britain to establish that this express violation of Her Majesty's Proclamation was innocently done. Whether done innocently or designedly, they insist, for the reasons already set forth, that the act was a new violation of the duties of a neutral, and furnished to the United States fresh cause of complaint against Great Britain. Before completing the history of this vessel, the United States desire to show to the Tribunal how the vessels of the United States [357] were received at *Barbadoes, the port at which the Florida re ceived the last-mentioned supply of coal. They have already referred to the treatment of their vessels at Nassau and Bermuda. Captain Charles Boggs arrived at Barbadoes in April, 1865, in the United States war-steamer Connecticut, and made application for permission to remain there "a few days for the purpose of overhauling the piston and feed-pump of the engine." The Governor replied, "It will be necessary for you, before I can give my sanction to your staying here longer than twenty-four hours, to give a definite assurance of your inability to proceed to sea at the expiration of that time, and as to the period within which it would be possible for you to execute the necessary repairs."4 Captain Boggs replied, "Your letter virtually refuses the permission requested, inasmuch as it requires me to give a definite assurance of my inability to proceed to sea at the termination of twenty four hours. This I cannot do, as an American man-of-war can always go to sea in some manner. I shall do this, although with risk to my vessel and machinery. Regretting that the national hospitality of remaining at anchor for the purposes named in my letter of this morning is [358] refused, I have the honor to inform you that *I shall depart from this port to-morrow at 10 a. m."5 Barbadoes as well as Nassau having been thus made a base of hostile operations against the United States, the Florida again sailed out on her work of destruction on the evening of the 26th of February, 1863, and in a short time captured or destroyed the following vessels of the commercial marine of the United States, viz: the Aldebaran, the Clarence, the Commonwealth, the Crown Point, the General Berry, the Henrietta, the M. J. Colcord, the Lapwing, the Oneida, the Rienzi, the Southern Cross, the Star of Peace, the William B. Nash, and the Red Gauntlet. An intercepted letter from her commander to Bullock, dated April 25, 1863, says, "The Florida has thus far done her duty. Six million dollars will not make good the devastation this steamer has committed."6 On the 16th of July, 1863, the Florida arrived at Bermuda. She remained nine days in that port, and was thoroughly repaired both in her hull and machinery. She also took on board a full supply of the best I Walker to Wilkes, Vol. II, page 629; Vol. VI, page 344. Captain Boggs to Governor Walker, Vol. VI, page 178. Cardiff coal, which had been brought to her from Halifax by the transport Harriet Pinckney. This was permitted notwithstanding the general order that neither belligerent was to be permitted to [359] make coal depots in British colonial ports. Here, again, were fresh-recurring violations of the duties of Great Britain as a neutral, to be added to the accumulated charges that have already been made as to this vessel. With the improvements, repairs, and supplies obtained at Bermuda the Florida started for Brest. In crossing the Atlantic she destroyed the Francis B. Cutting on the 6th of August, and the Avon on the 20th. On the 3d of September Maffitt reports from Brest to Bullock, at Liverpool, "a list of men discharged from the Florida, with their accounts and discharges," and he asks him "to provide them situations in the service." We have already seen that when Bullock received this letter he was low in funds.3 He was however, able to send from Liverpool to Brest for the Florida some new machinery and armament, and also a crew.5. The Florida left Brest in January, 1864, and entered the port of Bermuda in the following May, remaining, however, only long enough to land a sick officer. In June she returned to that port and made application for permission to repair. The *Governor directed [360] an examination to be made by experts, who reported : "1. She can proceed to sea with such repairs as can be made good here, which, as far as we can judge, will require five days for one man, viz, a diver for two days and a fitter for three days; or three complete days in all. 2. She can proceed to sea with safety in her present state under steam, but under sail is unmanageable with her screw up in bad weather, and her defects aloft (cross-trees) render maintop-mast unsafe. This could be made good in two days." On this report, the Florida received per mission to remain there five days; she actually remained nine days While there she took on board one hundred and thirty-five tons of coal, half a ton of beef, half a ton of vegetables, a large supply of bread, provisions, and medicines, a large supply of clothing and other stores, and twenty days of carpenter's work were done upon the vessel. Morris, the new commander, then drew upon Bullock, in Liverpool, in order to pay these bills, and provide himself with means for a cruise; and on the 27th of June, 1864, the Florida, being thus completely fitted out, left the port of Bermuda, and cruised off the harbor, boarding all vessels approaching the island." The breach of neutrality and violation of the instructions [361] issued for the observance of British officials involved in these transactions were brought to Earl Russell's notice by Mr. Adams.9 Earl Russell replied that "although some disposition was manifested by the commander of the Florida to evade the stringency of Her Majesty's regulations, the most commendable diligence and strictness in enforcing those regulations was observed on the part of the authorities, and no 1 Consul's report to Mr. Seward. 2 Vol. II, page 639; Vol. VI, page 349. 3 Ante, page Dudley to Seward, January 21, 1864. Fraser, Trenholm & Co. to Barney, September 22, 1863, Vol. VI, page 352. 5 Morse to Seward, January 8, 1864, Vol. VI, page 353. Vol. VI, page 357. 7 See the vouchers for their payments, Vol. VI, page 358, et seq. 8 Welles to Seward, Vol. II, page 652. Adams to Russell, Vol. II, page 651. substantial deviation, either from the letter or from the spirit of those regulations, was permitted to or did take place." With the evidence now submitted to the Tribunal, which are the original vouchers for the purchases made at Bermuda by the Florida, it is evident that Earl Russell must have been misinformed when he stated that there had been no deviation from the regulations. The five days' stay which was granted was extended to nine. Twenty days' carpenter-work were done instead of five; supplies for a cruise were taken instead of supplies for immediate use; clothing, rum, medicines, and general supplies were taken, as well as supplies for the subsistence of the crew; one hundred and thirty-five tons of coal were [362] #taken instead of twenty. In all this the United States find fresh and cumulative cause of complaint on account of this vessel. They also call the particular attention of the Tribunal to the fact that at that time there was no necessity of making any repairs to the Florida. The experts employed by the Governor to make the examination reported, "She can proceed to sea with safety in her present state under steam." The repairs, therefore, were only necessary to enable her to use her sails, banking her fires,2 and laying to for the purpose of watching and destroying the commerce of the United States. Permitting any repairs to be made at that time was another violation of the duties of Great Britain as a neutral toward the United States. The Florida left Bermuda on the 27th of June, 1864. On the 1st of July she destroyed the Harriet Stevens; the Golconda on the 8th; the Margaret Y. Davis on the 9th; the Electric Spark on the 10th; and the Mondamin on the 26th of September, all being vessels belonging to the commercial marine of the United States. On the 7th of October, 1864, her career as an insurgent cruiser terminated at Bahia. During her cruise, three tenders were fitted out and manned [363] from her officers and crew. The Clarence was captured by her off the coast of Brazil on the 6th of May, 1863. She was then fitted out with guns, officers, and men, and during the first part of the month of June, 1863, captured and destroyed the Kate Stewart, the Mary Alvina, the Mary Schindler, and the Whistling Wind. On the 10th of that month she captured the Tacony. The Clarence was then destroyed, and the Taco y was converted into a tender, and, in the same month, destroyed the Ada, the Byzantian, the Elizabeth Ann, the Goodspeed the L. A. Macomber, the Marengo, the Ripple, the Rufus Choate, and the Umpire. On the 25th she captured the Archer. The crew and armament were transferred to that vessel, and the Tacony burned. On the 27th the United States revenue-cutter Caleb Cushing was destroyed by the Archer. The amount of the injury which the United States and its citizens suffered from the acts of this vessel and of its tenders will be hereafter stated. The United States with confidence assert that they have demonstrated that Great Britain, by reason of the general principles above stated, and in consequence of the particular acts or omissions hereinbefore recited, failed to fulfill all of the duties set forth in the three rules of the sixth article of the Treaty, or recognized by the [364] *principles of International Law not inconsistent with such rules, and they ask the Tribunal to certify that fact as to the Florida and as to its tenders. Should the Tribunal exercise the power conferred upon it by Article VII of the Treaty to award a sum in gross to be paid to the United States, they ask that in considering the amount so to be awarded, the losses of individuals in the destruction of their vessels and cargoes, by the Florida, or by its tenders, and also the expenses to which the United States were put in the pursuit of either of those vessels, may be taken into account. THE ALABAMA, AND HER TENDER, THE TUSCALOOSA. The Alabama, and caloosa. The Alabama, a vessel which has given the generic name to the claims before this Tribunal, is thus described by Semmes, her comher tender, the Tus- mander: "She was of about 900 tons burden, 230 feet in length, 32 feet in breadth, 20 feet in depth, and drew, when provisioned and coaled for cruise, 15 feet of water. She was barkentinerigged, with long lower masts, which enabled her to carry large fore and aft sails, as jibs and try-sails. The scantling of the vessel was light compared with vessels of her class in the Federal Navy, but this was scarcely a disadvantage, as she was designed as a scourge [365] of the enemy's commerce rather than for battle. Her engine was of 300 horse-power, and she had attached an apparatus for condensing from the vapor of sea-water all the fresh water that her crew might require. *** Her armament consisted of eight guns; six 32pounders in broadside, and two pivot-guns amid-ship, one on the forecastle, and the other abaft the mainmast, the former a 100-pounder rifled Blakeley, and the latter a smooth-bore 8-inch."1 The Alabama was built and, from the outset, was "intended for a Confederate vessel of war." The contract for her construction was "signed by Captain Bullock on the one part and Messrs. Laird on the other." The date of the signature cannot be given exactly. The drawings were signed October 9, 1861, and it is supposed that the contract was signed at or about the same time. "The ship cost in United States money about $255,000." The payments were made by the agents of the insurgents. Bullock "went almost daily on board the gun-boat, and seemed to be recognized in authority;" in fact, "he superintended the building of the Alabama."3 On the 15th of May she was launched under the *name of the [366] 290. Her officers were in England awaiting her completion, and were paid their salaries "monthly, about the first of the month, at Fraser, Trenholm & Co.'s office in Liverpool.": The purpose for which this vessel was being constructed was notorious in Liverpool. Before she was launched she became an object of suspicion with the Consul of the United States at that port, and she was the subject of constant correspondence on his part with his Goverument and with Mr. Adams." The failure of Mr. Adams to secure in the previous March the interference of Her Majesty's Government to prevent the departure of the Florida, appears to have induced him to think that it would be necessary to obtain strictly technical proof of a violation of the municipal law of England before he could hope to secure the detention of the then 1 Semmes's Adventures Afloat, pages 402, 403. 2 Journal of an officer of the Alabama. See Vol. IV, page 181. Dudley to Edwards, Vol. III, page 17; Vol. VI, page 383. 4 Dudley to Seward, Vol. III, page 1; Vol. VI, page 371. Vol. III, page 146; Vol. VI, page 435. See Vol. III, passim. nameless Alabama. That he had good reason to think so is not open to reasonable doubt. On the 23d of June he thought he had such proof. He wrote to Earl Russell that day,' recalling to his recollection the fact that notwithstanding the favorable reports from the Liverpool customs in regard to the Florida, there was the strongest reason for [367] *believing that she had gone to Nassau, and was there "engaged in completing her armament, provisioning, and crew," for the purpose of carrying on war against the United States. He continued, “I am now under the painful necessity of apprising your Lordship that a new and still more powerful war-steamer is nearly ready for departure from the port of Liverpool on the same errand.” "The parties engaged in the enterprise are persons well known at Liverpool to be agents and officers of the insurgents of the United States." "This vessel has been built and launched from the dock-yard of persons, one of whom is now sitting as a member of the House of Commons, and is fitting out for the especial and manifest object of carrying on hostilities by sea." He closed by soliciting such action as might "tend either to stop the projected expedition, or to establish the fact that its purpose is not inimical to the people of the United States." Earl Russell replied that he had referred "this matter to the proper department of Her Majesty's Government,"3 and on the 4th of July, 1862, he inclosed the customs report on the subject, in which it [368] is stated that "the officers have at all times free access to the building-yards of the Messrs. Laird, at Birkenhead, where the vessel is lying, and that there has been no attempt, on the part of her builders, to disguise, what is most apparent, that she is intended for a ship of war." It was further said that "the description of her in the communication of the United States Consul is most correct, with the excep tion that her engines are not constructed on the oscillatory principle. "With reference to the statement of the United States Consul that the evidence he has in regard to this vessel being intended for the so-called Confederate Government in the Southern States is entirely satisfactory to his mind," it was said that "the proper course would be for the Con sul to submit such evidence as he possesses to the collector at that port, who would thereupon take such measures as the Foreign Enlistment Act would require ;" and the report closed by saying "that the officers at Liverpool will keep a strict watch on the vessel."4 The point that the vessel was intended for a vessel of war being thus conceded, Mr. Adams thereupon, at once, relying upon the promise to keep watch of the vessel, instructed the Consul to comply with the directions indicated in the report of the Commissioners and furnish all the evidence [369] in his *possession to the Collector of Customs at Liverpool.5 Mr. Dudley did so on the 9th of July, in a letter to the Collector of Liverpool, and the attention of the Tribunal of Arbitration is called to the fact that every material allegation in that letter has been more than borne out by subsequent proof. The Collector replied that he was "respectfully of opinion that the statement made was not such as could be acted upon by the officers of the revenue unless legally sub 1 Adams to Russell, Vol. III, page 5; Vol. VI, page 375. 2 The Florida arrived at Nassau April 28, and the Bahama with her armament a few days later. These facts were undoubtedly known to Lord Russell and to Mr. Adams when this letter was written. 3 Russell to Adams, Vol. III, page 6; Vol. VI, page 376. 4 Vol. III, page 7; Vol. VI, page 379. 6 Adams to Wilding, Vol. III, page 8; Vol. VI, page 381. • Dudley to Edwards, Vol. III, page 17: Vol. VI, page 383. |