Mr. Stuart to Mr. Seward.

Sir: With reference to the note which I had the honor to address to you on the 1st instant, and to your answer of the 3d instant relative to the capture of the British steamer Sunbeam, I have now the honor to enclose a copy of a further protest relating to that capture, and to call your attention to that part of it which states that efforts were made by the master and executive officer of the United States cruiser State of Georgia to induce the six persons belonging to the crew of the Sunbeam, whose names are attached to the protest, to enlist in the naval or military service of the United States.

I trust that you will be so good as to cause instructions to be issued to prevent the exercise of any similar pressure in future upon British subjects who may be found on board vessels captured for any alleged intention to violate the blockade.

I avail myself of this opportunity to renew to you the assurances of my highest consideration.

W. STUART.

Hon. Wm. H. Seward, &c., &c.

[Untitled]

United States of America, State of New York, ss:

By this public instrument be it known to all to whom the same doth or may concern, that I, Charles Edwards, a public notary in and for the State of New York, by letters patent under the great seal of the said State, duly commissioned and sworn, and in and by the said letters patent invested “with full power and authority to attest deeds, wills, codicils, agreements, and other instruments in writing, and to administer any oath or oaths to any person or persons,” do hereby certify that on the day of the date hereof, before me personally came and appeared John Kidd, William Caldwell, George Gregg, John McClelland, James Fraser, and Frances Patten, forming part of the crew of the British steamer [Page 458] Sunbeam, and they being by me duly sworn on the Holy Evangelists of Almighty God, did depose and say: that these appearers, George Gregg, John McClelland, James Fraser, and Francis Patten, were seamen, and these appearers, John Kidd and William Caldwell, were firemen, on board the Sunbeam, bound from Liverpool to Matamoras; that they shipped at Liverpool for the voyage to Halifax, and thence to Matamoras; that on the morning of the 19th day of September last (1862) the said steamer encountered a furious hurricane, which swept the decks fore and aft, filled the engine-room with water on a level with the deck, washed the boats overboard, with the exception of the long-boat, which was torn from the main hatch and stove in several places; filled the cabins and storeroom with water, and destroyed the ship’s provisions, and expecting every moment that the steamer would go down—the ship lying on her beam ends, and refusing to right herself—the coal was washed out of the bunkers, and only three inches of fresh water in the tanks. These appearers, as portions of the crew, requested the captain (Hepburn) to make for the nearest land, being in fear of loss of life. The said master consented to this, and bore up for the nearest land, hoping to speak some ship or coaster and obtain relief; that on the 27th day of the said September, the wind being so light and variable that the vessel had made but little way, and having but about twelve hours’ coal in the bunkers, and believing that the steamer Sunbeam was about seventy miles from the nearest land, her master ordered all steam to be made, and stood right in shore. At 10 p.m. found the water shoaling rapidly from nine to two and a half fathoms, and the vessel laid off until daylight, and at break of day on the morning of the 28th of September, when going under easy steam, not more than four knots an hour, the vessel found herself near the shore, and under the guns of two American cruisers, who fired four shots at the Sunbeam and boarded her, claiming her as a prize. All these appearers were severed from the rest of the crew by being taken on board the United States cruiser State of Georgia, (being one of the two cruisers before referred to,) while the Sunbeam was sent on with a prize crew to New York. These appearers were all continued to be detained on board the State of Georgia until she reached the city of Washington, which she did on the 11th day of October instant, (1862,) when all these appearers were cast on shore at Washington, penniless and friendless. The crew of the State of Georgia, seeing and pitying the position of these appearers, subscribed among themselves, and Handed to these appearers a small sum of money, for which they felt deeply grateful, and with this, and by selling the best part of their few effects, these appearers managed to raise sufficient to carry them to New York, so that they might join the rest of the crew, there carried in with the Sunbeam; that on their arrival in New York these appearers went to the British consul, who sent them to a boarding-house. These appearers desire to say that while they were on board the State of Georgia they were treated by her crew with every kindness; but when put ashore on the Saturday night, the 11th of October instant, at 6 p.m., not knowing where to turn, every inducement was held out by acting master and ex-officer Rogers, of the said State of Georgia, to induce these appearers to join the American navy, or the military forces, but which they, as British subjects, strenuously opposed, preferring to take the protection of the British flag, and suffer any privation rather than do so; that under the circumstances before mentioned, these appearers have been obliged to sacrifice and dispose of the best part of their personal effects, and thrown upon the streets of New York friendless and destitute.

And these appearers protest against such harsh conduct, and respectfully claim all reasonable compensation and satisfaction therefor.

Wherefore I, the said notary, at the request of the said appearers, do protest against all and every wrong and grievance aforesaid suffered by them, and claim for them all and every restitution, compensation, damages, and wages on account [Page 459] thereof. Whereof an attestation being required, I have granted this under my notarial firm and seal.

Done in the city of New York, in the said State of New York, the seventeenth day of October, in the year of our Lord one thousand eight hundred and sixty-two.

In pramissorem fidem.

CHARLES EDWARDS.

JOHN KIDD.

WILLIAM CALDWELL.

his

GEORGE + GREGG.

mark.

his

JOHN + McCLELLAND.

mark.

JAMES FRASER.

his

FRANCIS + PATTEN.

mark.