Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-eighth Congress, Part I
Mr. Adams to Mr. Seward.
Sir: I have the honor to transmit a copy of my note to Lord Russell of the 29th ultimo, based upon a letter received by me from Mr. Graham, the consul at Cape Town. Inasmuch as he does not positively state that he has forwarded the papers which he has incorporated into it to the department, I send a copy of his letter likewise. I regret that in his correspondence with the authorities he has hazarded one statement which cannot be substantiated—an error to which, I find, officers of that class are rather liable. Apart from this, however, the position he assumes appears to be sound. The case presented is, undoubtedly, of a very grave character. It would seem that Semmes has had the audacity to constitute himself a judge of admiralty, in a court held on his own deck, and there decree what ships are lawful prize. I have contented myself with a brief statement in few words. Thus far no response from Lord Russell has been received at this legation. Should it appear to me not to be satisfactory, I think I shall await your instructions before making a reply.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, &c., &c.
Mr. Adams to Earl Russell.
My Lord: I have the honor to transmit the copy of a letter received by me from Mr. Walter Graham, consul of the United States at Cape Town, in relation [Page 437] to certain occurrences, at that place, connected with the armed vessel called the Alabama. Without intending to sustain all the allegations therein contained, I cannot but consider that a sufficient basis of fact exists to support his remonstrance against the recognition of the capture of vessels, which appears to have been, at least, partially made by the authorities at Cape Town. In the absence of special instructions on the subject, I take the liberty simply to present the papers to your lordship’s consideration, not doubting the disposition of her Majesty’s government to do full justice in the premises.
I pray your lordship to accept the assurances of the highest consideration with which I have the honor to be, my lord, your most obedient servant,
Right Hon. Earl Russell, &c., &c., &c.
Mr. Graham to Mr. Adams.
Sir: The confederate steamer Alabama arrived on this coast on the 27th day of July, having captured six American vessels from the time she left Bahia, Brazil, viz: The Amazonian, Conrad, Gildersleve, Talisman, Anna F. Schmidt, and Express.
On the same day that she arrived on this coast she spoke a small British schooner, named the Rover, which reported her next day at this port, July 28. She was afterwards seen by other vessels on the morning of the 28th, but no intelligence was received here that she had entered any of the ports or bays of this colony until Tuesday, August 4, when the British schooner Atlas reported that she had entered Saldanha bay on the 28th, and was still there, her crew being engaged in painting her. Captain Boyce, of the Atlas, said he was requested by Captain Semmes to take some prisoners to me at Cape Town, but he declined to do so.
On hearing this intelligence I wrote the following letter to the governor, which I carried in person, to request an interview on the subject of which it treated:
United States Consulate, &c., August 4, 1863.
Sir: From reliable information received by me, and which you are, also, doubtless in possession of, a war steamer, called the Alabama, is now in Saldanha bay, being painted, discharging prisoners of war, &c. The vessel in question was built in England to prey upon the commerce of the United States of America, and escaped therefrom while on her trial trip, forfeiting bonds of £20,000, which the British government exacted under the foreign enlistment act. Now, as your government has a treaty of amity and commerce with the United States, and has not recognized the persons in revolt against the United States as a government at all, the vessel alluded to should be at once seized and sent to England, from whence she clandestinely escaped. Assuming that the British government was. sincere in exacting the bonds, you have, doubtless, been instructed to send her home to England, where she belongs.
But if, from some oversight, you have not received such instructions, and you decline the responsibility of making the seizure, I would most respectfully protest against the vessel remaining in any port of the colony another day. She has been at Saldanha bay four (six) days already, and a week previously on the [Page 438] coast, and has forfeited all right to remain an hour longer by this breach of neutrality. Painting a ship does not come under the head of “necessary repairs,” and is no proof that she is unseaworthy; and to allow her to visit other ports, after she has set the Queen’s proclamation at defiance, would not be regarded as in accordance with the spirit and purpose of that document. Yours, &c.,
WALTER GRAHAM, United States Consul.
His Excellency Sir Philip Woodhouse.
Not finding the governor at home, I left the above letter. Next morning, August 5, I received the following:
Colonial Office, August 5, 1863.
Sir: I am directed by the governor to acknowledge the receipt of your letter of yesterday’s date, relative to the Alabama.
His excellency has no instructions, neither has he any authority, to seize or detain that vessel. And he desires me to acquaint you he has received a letter from the commander, dated the 1st instant, stating that repairs were in progress, and as soon as they were completed he intended to go to sea. He further announces his intention of respecting strictly the neutrality of the British government.
The course which Captain Semmes here proposes to take is, in the governor’s opinion, in conformity with the instructions he has himself received relative to ships-of-war and privateers belonging to the United States and the States calling themselves the Confederate States of America, visiting British ports. The reports received from Saldanha bay induce the governor to believe that the vessel will leave that harbor as soon as her repairs are completed; but he will, immediately on receiving intelligence to the contrary, take the necessary steps for enforcing the observance of the rules laid down by her Majesty’s government.
I have the honor to be, &c.,
L. ADAMSON, For the Colonial Secretary.
At about two o’clock p.m. on the same day (August 5) it was reported, from the signal station of the harbor that the steamer Alabama was standing in, and also an American bark, and shortly after it was signalled that the steamer was standing towards the bark. On hearing this I at once took a cab and proceeded in the direction of Green Point, about two miles from my office, where I witnessed the capture of the bark Sea Bride by the Alabama. I immediately proceeded to the governor’s house and told him what I had seen, protesting at the same time against the capture, because it was permitted in British waters. His excellency remarked that the question of infringement of neutral rights would be purely dependent on testimony; but he assured me that, in any event, no breach of neutrality would be permitted, so far as he could prevent it. He concluded the interview by stating that he would immediately telegraph the admiral of the station at Simon’s bay to send a war vessel around to this harbor, Table bay, to enforce a strict neutrality, and requested me to put my protest in writing.
At three o’clock I returned to my office, and at four o’clock I despatched the following letter:
United States Consulate, Cape Town, August 5, 1863.
Sir: The confederate steamer Alabama has just captured an American bark off Green Point, or about four miles from the nearest land—Robbin island. I [Page 439] witnessed the capture with my own eyes, as did hundreds of others at the same time. This occurrence, at the entrance of Table bay, and clearly in British waters, is an insult to England, and a grievous injury to a friendly power, the United States. Towards the government of my country and her domestic enemies, the government of England assumes a position of neutrality; and if the neutrality can be infringed with impunity, in this bold and daring manner, the government of the United States will no doubt consider the matter as one requiring immediate explanation. Believing that the occurrence was without your knowledge or expectation, and hoping you will take such steps to redress the outrage as the exigence requires.
I am, sir, &c.,
WALTER GRAHAM, United States Consul.
His Excellency Sir Philip E. Woodhouse.
About 5 o’clock his excellency sent for me to the custom-house, and informed me that Captain Semmes desired to land some prisoners, and that he, the governor, would grant permission, provided I would agree to support them. This I consented to do, and the governor then acknowledged the receipt of my letter, and repeated his assurance that no breach of neutrality would be permitted.
Next morning, (Thursday, August 6th,) I received the following:
Colonial Office, August 6, 1863.
Sir: I am directed by the governor to acknowledge the receipt of your letter of yesterday’s date, respecting the capture of the Sea Bride by the Alabama, and to acquaint you that he will lose no time in obtaining accurate information as to the circumstances of the capture.
I have the honor, &c.,
RAWSON W. RAWSON, Colonial Secretary.
About the same time this letter was received, all the prisoners were landed, fifteen of whom were the crew of the Anna F. Schmidt, fifteen of the Express, and twelve of the Sea Bride.
On the afternoon of the same day I despatched the following:
United States Consulate, Cape Town, August 6, 1863.
Sir: I have the honor to acknowledge the receipt of your despatch of this date.
I beg now to enclose, for your excellency’s perusal, the affidavit of Captain Charles F. White, of the Sea Bride, protesting against the capture of the said bark in British waters. The bearings taken by him at the time of capture conclusively show that she was in neutral waters, being about two and a half miles from Robbin island. This statement is doubtless more satisfactory than the testimony of persons who measured the distance by the eye.
I believe that there is no law defining the word coast other than international law. That law has always limited neutral waters to the fighting distance from land, which, upon the invention of gunpowder, was extended to a distance of three nautical miles from land on a straight coast; and by the same rule, since the invention of Armstrong rifled cannon, to at least six miles.
But all waters enclosed by a line drawn between two promontories or headlands are recognized by all nations as neutral. And England was the first that [Page 440] adopted the rule calling such waters the “King’s Chambers.” By referring to Wheaton’s Digest, page 234, or any other good work on international law, you will find the above rules laid down and elucidated.
The fact that the prize has not already been burned, and that her fate is still in suspense, is clear proof that Captain Semmes had misgivings as to the legality of the capture, and awaits your excellency’s assent. If you decide that the prize was legally taken, you will assume a responsibility which Captain Semmes himself declined to take.
I have the honor, &c.,
[Enclosure.]
On this 6th day of August, 1863, personally appeared before me, Walter Graham, consul of the United States at Cape Town, Charles F. White, master of the bark Sea Bride, of Boston, from New York, and declared on affidavit that on the 3d day of August instant he sighted Table mountain and made for Table bay, but that on the 4th instant, night coming on, he was compelled to stand out. On the 5th instant he again made for the anchorage, and about 2 o’clock p.m. saw a steamer standing towards the bark, which he supposed was the English mail steamer, but on nearing her he found her to be the confederate steamer Alabama. He, Captain White, was peremptorily ordered to heave his vessel to as a prize to the Alabama. One gun was first fired, and immediately after the demand was made another gun was fired. Two boats were lowered from the Alabama and sent on board the bark. The officer in charge of these boats demanded the ship’s papers, which the said master was compelled to take on board the said steamer. This happened about a quarter before. 3 o’clock. He and his crew were immediately taken from his vessel and placed as prisoners on board the Alabama; the officers and crew put in irons. The position of the bark at the time of capture was as follows :
Green Point light-house bearing S. by E.
Robbin Island light-house bearing NE.
The said appearer did further protest against the illegal capture of said vessel, as she was in British waters at the time of capture, according to the bearings.
This done and protested before me, the said consul, the day, month and year above written.
WALTER GRAHAM, United States Consul.
Charles F. White, Master of Sea Bride.
Next morning, August 7, I received the following:
Colonial Office, August 7, 1863.
Sir: I am directed by the governor to acknowledge the receipt of your letter of yesterday’s date, enclosing an affidavit made by the master of the Sea Bride, and to acquaint you that an inquiry into them is now in progress.
I have the honor, &c.,
RAWSON W. RAWSON, Colonial Secretary.
[Page 441]On the same day I sent to the governor the following:
United States Consulate, Cape Town, August 7, 1863.
Sir: I am directed by the governor to acknowledge the receipt of your letter of yesterday’s date enclosing an affidavit made by the master of the Sea Bride, and to acquaint you that an inquiry into them is now in progress.
I have, &c.,
RAWSON W. RAWSON, Colonial Secretary.
On the same day I sent to the governor the following:
United States Consulate, Cape Town, August 7, 1863.
Sir: Understanding from your letter of this date, received this morning, that the case of the Sea Bride is still pending, I enclose the affidavit of the first officer of that vessel, the cook and steward, which I hope will throw additional light on the subject.
From the affidavit of the first officer it appears that the alleged prize was brought within one and a half miles of Green Point light-house yesterday at one o’clock p.m. Now as the vessel was at that time, in charge of a prize crew, it was a violation of neutrality, as much as if the capture had been made at the same distance from land. Pending your decision of the case, I would most respectfully suggest that the prize crew on board of the Sea Bride be removed, and that the vessel be put in charge of a crew from her Majesty’s ship Valorous.
I have the honor,
WALTER GRAHAM, United States Consul.
The enclosures of the above letter gave the bearings of the ship at the time mentioned, which were as follows:
Robbin island NE. by N. ½ N.
Green Point light-house SW. ½ W.
The steward also testified that orders were given to burn the Sea Bride at 2 o’clock a.m. on the 6th, which were afterwards countermanded when all was ready.
On Friday I learned, unofficially, that testimony had been taken that day before a clerk of the peace in Cape Town in relation to the capture of the Sea Bride, and that the testimony consisted of statements as to the distance from land estimated by persons on land at the time of capture, and that the testimony of Captain White and others, of the Sea Bride and of the Alabama, was thrown out or not taken.
On Saturday at 4 o’clock p.m. I received the following letter:
Colonial Office, August 8, 1363.
Sir: With reference to the correspondence that has passed relative to the capture by the confederate steamer Alabama of the bark Sea Bride, I am directed by the governor to acquaint you that, on the best information he has-been enabled to procure, he has come to the conclusion that the capture cannot be held to be illegal or in violation of the neutrality of the British government by reason of the distance from land at which it took place.
His excellency will, by next mail, make a full report of the case to her Majesty’s government.
I have the honor, &c.,
RAWSON W. RAWSON, Colonial Secretary.
[Page 442]On Monday morning I despatched the following:
United States Consulate, Cape Town, August 10, 1863.
Sir: Your decision in the case of the Sea Bride was duly received at 4 o’clock p.m. on Saturday. In communicating that decision you simply announce that the vessel was, in your opinion, and according to evidence before you, a legal prize to the Alabama, but you omit to state the principle of international law that governed your decision, and neglect to furnish me with the evidence relied upon by you. Under these circumstances I can neither have the evidence verified or rebutted here, nor am I enabled to transmit it, as it stands, to the American minister at London, nor the United States government at Washington. An invitation to be present when the ex parte testimony was taken was not extended to me, and I am therefore ignorant of the tenor of it, and cannot distinguish the portion thrown out from that which was accepted. If your decision is that the neutral waters of this colony only extend a distance of three miles from land, the character of that decision would have been aptly illustrated to the people of Cape Town, had an American war vessel appeared on the scene and engaged the Alabama in battle. In such a contest, with cannon carrying a distance of six miles, (three over land,) the crashing buildings in Cape Town would have been an excellent commentary on your decision.
But the decision has been made and cannot be revoked here, so that further comment at present is therefore unnecessary. It can only be reversed by the government you represent, which it probably will be when the United States government shall claim indemnity for the owners of the Sea Bride.
An armed vessel named the Tuscaloosa, claiming to act under the authority of the so-called Confederate States, entered Simon’s bay on Saturday, the 8th instant. That vessel was formerly owned by citizens of the United States, and while engaged in lawful commerce was captured as a prize by the Alabama. She was subsequently fitted out with arms by the Alabama, to prey upon the commerce of the United States, and now, without having been condemned as a prize by any admiralty court of any recognized government, she is permitted to enter a neutral port in violation of the Queen’s proclamation, with her original cargo on board! Against this proceeding I hereby most emphatically protest; and I claim that the vessel ought to be given up to her lawful owners. The capture of the Sea Bride in neutral waters, together with the case of the Tuscaloosa, also a prize, constitute the latest and best illustration of British neutrality that has yet been given.
I have the honor, &c.,
WALTER GRAHAM, U. S. Consul.
His Excellency Philip E. Woodhouse.
On the same day I received the following :
Colonial Office, August 10, 1863.
Sir: I am directed by the governor to acknowledge the receipt of your letter of this date, and to state, with reference to that part of it which relates to the Tuscaloosa, that his excellency is still in correspondence with the commander-in-chief, respecting the character of that vessel, and the privileges to which she is entitled.
I have the honor, &c.,
RAWSON W. RAWSON, Colonial Secretary.
[Page 443]I did not reply to the foregoing until Wednesday, the 12th instant, when I sent the following:
United States Consulate, Cape Town, August 12, 1863.
Sir: Upon receiving your last communication to me, dated the 10th instant, I deeemed it simply a report of progress on one subject treated of in my last letter to your excellency, and I have, therefore, waited anxiously for the receipt of another letter from the colonial secretary, communicating the final result in the case. Failing to receive it, and hearing yesterday p.m. that the Tuscaloosa would proceed to sea from Simon’s bay to-day, I applied for an injunction from the supreme court to prevent the vessel sailing, before I had an opportunity of showing by witnesses that she is owned in Philadelphia, in the United States; that her true name is the Conrad; that she has never been condemned as a prize by any legally constituted admiralty court; and that I am ex officio the legal agent of the owners, underwriters, and all others concerned. I have not yet heard the result of that application, and fearing that delay may allow her to escape, I would respectfully urge you to detain her in port until the proper legal steps can be taken.
I am well aware that your government has conceded to the so-called Confederate States the rights of belligerents, and is thereby bound to respect Captain Semmes’s commission; but, having refused to recognize the confederacy as a nation, and having excluded his captures from all the ports of the British Empire, the captures necessarily revert to their real owners, and are forfeited by Captain Semmes as soon as they enter a British port.
Hoping to receive an answer to this and the preceding letter as early as possible, and that you will not construe my persistent course throughout this correspondence on neutral rights as importunate, or my remarks as inopportune, I have the honor, &c.,
WALTER GRAHAM, U. S. Consul.
Late on the same day I received the following:
Colonial Office, August 12, 1863.
Sir: I am directed by the governor to acknowledge the receipt of your letter of this date, and to acquaint you that it was not until late last evening that his excellency received from the naval commander-in-chief information that the condition of the Tuscaloosa was such as, as his excellency is advised, to entitle her to be regarded as a vessel-of-war.
The governor is not aware, nor do you refer him to the provisions of international law by which captured vessels, as soon as they enter our neutral ports, revert to their real owners, and are forfeited by their captors. But his excellency believes that the claims of contending parties to vessels captured can only be determined in the first instance by the courts of the captor’s country.
The governor desires me to add that he cannot offer any objection to the tenor of the correspondence which you have addressed to him on this subject, and that he is very sensible of the courtesy you have exhibited, under such very peculiar circumstances. He gives you credit for acting on a strict sense of duty to your country.
I have the honor, &c.,
RAWSON W. RAWSON.
[Page 444]On the 17th instant, (Monday,) I wrote the following letter:
United States Consulate, Cape Town, August 17, 1863.
Sir: I have delayed acknowledging the receipt of your last letter, dated August 12, on account of events transpiring, but which have not yet culminated, so as to form the subject of correspondence.
Your decision that the Tuscaloosa is a vessel-of-war, and by inference a prize, astonishes me, because I do not see the necessary incompatibility. Four guns were taken from on board the Talisman (also a prize) and put on board the Conrad, (Tuscaloosa,) but that transfer did not change the character of either vessel as a prize, for neither of them could cease to be a prize till it had been condemned in an admiralty court of the captor’s country, which it is not pretended had been done. The Tuscaloosa, therefore, being a prize, was forbidden to enter Simon’s bay by the Queen’s proclamation, and should have been ordered off at once, but she was not. so ordered. Granting that her Majesty’s proclamation affirmed the right of Captain Semmes, as a belligerent, to take and to hold prizes on the high seas, it just as emphatically denies his right to hold them in British ports. Now, if he could not hold them in Simon’s bay, who else could hold them except those whose right to hold them was antecedent to his—that is, the owners ?
The Tuscaloosa remained in Simon’s bay seven days, with her original cargo of skins and wool on board. This cargo, I am informed by those who claimed to know, has been purchased by merchants in Cape Town; and if it should be landed here directly from the prize, or be transferred to other vessels at some secluded harbor on the coast beyond this colony, and brought from there here, the infringement of neutrality will be so palpable and flagrant, that her Majesty’s government will probably satisfy the claims of the owners gracefully and at once, and thus remove all cause of complaint. In so doing, it will have to disavow and repudiate the acts of its executive agents here—a result I have done all in my power to prevent.
Greater cause of complaint will exist if the cargo of the Sea Bride is disposed of in the same manner, as I have reason to apprehend it will be, when negotiations are concluded; for, being originally captured in neutral waters, the thin guise of neutrality would be utterly torn into shreds by the sale of her cargo here.
The Georgia, a confederate war steamer, arrived at Simon’s bay yesterday, and the Florida, another vessel of the same class, has arrived or is expected hourly at Saldanha bay, where she may remain a week without your knowledge, as the place is very secluded. The Alabama remained here in Table bay nearly four days, and at Simon’s bay six days; and as the Tuscaloosa was allowed to remain at Simon’s bay seven days, I apprehend that the Georgia and Florida will meet with the same and even greater favors. Under such circumstances further protests from me would seem to be unavailing, and I only put the facts upon record for the benefit of my government, and officials possessed of diplomatic functions.
I have the honor, &c.,
WALTER GRAHAM, U. S. Consul.
I have not as yet received any answer to the foregoing letter, and I have little else to communicate beyond what is embraced in my correspondence.
The Georgia reports no captures since she left Bahia, Brazil. The Alabama and Tuscaloosa are cruising on this coast, near Table bay.
No American war ships have yet appeared here, but they are anxiously looked for.
[Page 445]Two merchants from this place have gone to Saldanha bay to buy prize cargoes. When they return I will watch their proceedings closely.
A company of speculators offered Captain Semmes £4,000 for the Sea Bride and cargo, and he would have taken it, but he wanted a bond that they would not revert to the enemy. They offered me a large bribe if I would give my authority to have them sold here for the benefit of the underwriters, they asking £7,000 for the ransom, but I refused to give them my authority to sell. This was before Captain Semmes spoke of the bond.
Should anything else occur in connexion with this affair, I will let you know as soon as any mail leaves here.
* * * * * * *
I have the honor to be, sir, your most obedient servant,
Hon. Charles Francis Adams, Minister Plenipotentiary, &c., &c.