Lord Lyons to Mr.
Seward.
Washington,
December 29, 1862.
Sir: I have the honor to lay before you copies
of a despatch, and of a report enclosed in it, which I have received
from Vice-Admiral Sir Alexander Milne, commander-in-chief of her
Majesty’s naval forces in the North American and West India station.
The admiral informs me that it has been represented to him that the
commanders of the vessels-of-war of the United States, in the
neighborhood of the Bahama islands, have disregarded the regulations of
her Majesty’s government, with regard to the use of belligerents of
British waters, and he suggests that the attention of the naval officers
should be called by their own government to these regulations.
Intelligence has also been communicated to the admiral, from which it
would seem that there is reason to fear that in one instance, at least,
a United States’ cruiser has even exercised belligerent rights within
the Queen’s dominions. You will see that, if the statements in the
enclosed papers be correct, a schooner, the Elias Reed, has been
captured within her Majesty’s territorial jurisdiction.
The regulations of her Majesty’s government with regard to the use of
British waters by belligerents are well known to you. They were
published in the official London Gazette of the 31st of January last,
and the attention of the United States minister in London was specially
called to them by her Majesty’s principal secretary of state for foreign
affairs in a note dated the 25th of last March. I am confident that the
government of the United States will be anxious to check all
transgressions of them by its naval officers.
Nor do I doubt that, if the facts in the case of the Elias Reed be such
as they are represented to be, the government of the United States will
be prompt to offer ample satisfaction to her Majesty’s government for
the violation of British territory,
[Page 479]
as well as to make due compensation for any
private losses which may have been caused by the unlawful capture.
I have the honor to be, with the highest consideration, sir, your most
obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.
Vice-Admiral Milne to Lord Lyons.
Nile, at
Nassau,
December 16, 1862.
My Lord: I forward to your lordship the
following extracts of a despatch, from Commander Malcolm, dated
November 24, 1862, respecting the proceedings of the United States
cruisers on the coasts of the Bahama islands.
A letter dated November 10, written by J. Brown, a police magistrate
at Green Turtle cay, to the governor, Mr. Bayley, states “the
schooner Elias Reed, from Georgia, loaded with turpentine, had been
captured by the United States cruiser Octorora, Commander Collins,
in some position not clearly defined, to the eastward of a line
drawn from Fish cay and the nearest point of Little Abaco, and to
the westward of Turtle cay.
“It appears that the United States vessels Octorora, Commander
Collins, and Sonoma, Commander Stevens, came on the Little Bahama
bank, and were seen on the 5th November by the Mary Mankin, John
Roberts, master, between Seal cay and Stranger’s cay. The schooner
Elias Reed was seen on the same day near Fish cay, going to the
eastward. On the 6th November the Octorora was seen near Seal cay,
with the Elias Reed as a prize. Mr. J. Nibbs Brown had an interview,
at Green Turtle cay, with the United States commanders, Collins and
Stevens. The former said the Elias Reed had been captured out of
British waters, and said he was going to the eastward, through the
narrow channel, in order to see the remains of the wreck of the
Adirondack, on Elbow reefs.
“I believe it is the intention of his excellency the governor to
report the proceedings of Rear-Admiral Wilkes and Commander Collins
to the home government.”
And on the same subject I transmit the copy of. a representation
addressed to his excellency C. J. Bayley, the governor of the
Bahamas, from the police magistrate of Abaco. It is, no doubt, a
well-established fact, from information that has been conveyed to
me, that the vessels-of-war of the United States are in the habit of
disregarding the instructions of her Majesty’s government, and make
use of, and anchor in, the ports, roadsteads, and waters of the
Bahama islands without the leave of the governor, and not from
stress of weather; and, as will be seen by Mr. Brown’s statement,
they have even illegally exercised belligerent rights within the
limits of her Majesty’s dominions, by the capture of the schooner
Elias Reed. This case appears to be so clear a violation of neutral
territory that I submit for your excellency’s consideration, should
you see fit to put forth any claim on behalf of her owner, or to
bring to the notice of the United States government the
irregularities on the part of the United States cruisers, in using
the cays within her Majesty’s territories, in contravention of Earl
Russell’s letter of instructions of the 31st of January, 1862, of
which it would, however, appear that the United States cruisers have
not been officially informed by their own government.
Further, I enclose copies of two notes on the subject, which have
been just handed to me by Governor Bayley.
ALEX. MILNE, Vice-Admiral, and
Commander-in-Chief.
[Page 480]
Mr. Brown to Mr. Nesbitt.
Green Turtle Cay, Abaco, November 15, 1862.
Sir: With reference to the communication
which I had the honor to address to you on the 11th instant,
forwarding the statement in writing made before me on the 10th
instant by Mr. John Roberts, an inhabitant of this island, relating
to the capture of a schooner in these waters, on the 5th instant, by
one of the United States vessels-of-war, I beg leave further to
state, for the information of his excellency, the governor, that the
said statement had been substantially verified by the admission of
Commander Collins, of the United States steam war ship Octorora,
which vessel, accompanied by the Sonoma, Commander Stevens, another
United States vessel-of-war, steamed up along the northern coast of
Great Abaco, in the forenoon of yesterday, and came to in this
roadstead.
Both vessels having hoisted the national flag on approaching this
port, I caused the British ensign to be hoisted on the government
flag-staff, and proceeded alongside the Octorora, and accompanied by
Mr. Joseph Saunders, the collector of revenue at this port; and we
were politely invited on board, and conducted into the cabin of the
commander.
I informed him that the object of my visit was to learn the cause of
their having called here, as I conceived it could only be justified
by circumstances of distress. He stated that he had not been induced
to do so by positive distress, as he only required a few articles of
provisions for the use of the officers, but that he was desirous of
proceeding through the cays in order to inspect the condition of the
United States war ship Adirondack, lately wrecked off Man-of-war
cay. I represented to him the dismantled state of that vessel, and
informed him that the remains of the hulk and materials had been
sold at Nassau, and were now the property of a merchant there. He
thanked me for the information.
I mentioned to him the nature of the report made to me by Mr.
Roberts, regarding the capture of a schooner within our waters by a
vessel similar to the Octorora. He frankly admitted the fact of the
capture of the Octorora, and stated the schooner to be the Elias
Reed, of eighty-four tons burden, from Georgia, laden with
turpentine and other articles, and that she had been sent to Key
West for adjudication. He, however, questioned the statement as to
the capture having been made in the Bahama waters, and observed that
he did not conceive that their war vessels were restricted from
traversing the several extensive banks of the Bahamas, and capturing
thereon any vessels found in nefarious traffic, as regards the
blockade. I informed him that that was a broad question which I was
not prepared to discuss, but that the capture of vessels within
these cays, as was the case in respect to the schooner Elias Reed,
was obviously illegal, and in violation of the instructions of his
government, as expressed in a letter addressed by Mr. Secretary
Seward to Mr. Secretary Welles, and which I placed before him, as
copied in the Nassau Guardian newspapers of the 22d ultimo. He read
the letter with evident emotion, but stated that he did not take the
same view as myself with regard to the limits of our coast, and that
if I were correct he had wrongly interpreted the law.
I expressed my conviction that the marine league must be properly
computed from the northern shore of the respective cays, running
from Sandy cay up to the Elbow, (or Little Guave cay,) and that the
schooner in question had been captured in the white water, within
Albert cay, and contiguous to the northern shore of Little Abaco. He
expressed his regret, if I were right in my view, declaring it to be
very remote from his wish or intention to contravene any law or
perform any act offensive to my government.
I inquired of him whether the small schooner Trici, belonging to
these islands,
[Page 481]
had not
been captured in the Bahama waters. He replied, certainly not; but
on the coast of Florida. He stated that if the presence of two ships
in the roadstead was deemed improper, that they would leave
forthwith. I expressed my apprehension that it was contrary to the
injunction contained in a proclamation issued by the governor in
conformity with the Queen instructions, but that I would inform him
positively, on reference thereto, as soon as I returned on shore, as
I did not happen to have a copy with me. He said he had intended to
call on me on shore, and if there was no objection to his landing he
would do so, and wait upon me. I invited him to do so and he
followed me on shore, accompanied by Commander Stevens, and
proceeded directly to my residence, where I placed a printed copy of
the proclamation into his hand, and called his attention to the
first item, or paragraph which contains my instructions. On reading
it he arose and declared his intention to leave immediately. I
informed him that they were at liberty to purchase any fruit or
vegetables that they might require, and which they did in about half
an hour, and left the roadstead, proceeding eastward along the
northern shore of Great Abaco, passing between the cays “No-name”
and Whale cays.
The weather became somewhat boisterous, the wind blowing steadily
from the northeast. The Sonoma returned shortly after, and anchored
in the roadstead a short distance from this shore. The Octorora
anchored in the vicinity of Great Guano cay, and returned to this
port this morning at 9 a.m. Both vessels shortly after weighed
anchor, and have proceeded again eastward, smokelessly steaming in
the smooth water along the Great Abaco shore.
The conduct of both the commanders was particularly mild and
courteous, and their presence among us would, under different
circumstances, have been very agreeable.
Considering it desirable that his excellency the governor should be
informed promptly of the foregoing facts, I have employed the small
schooner Mary Rankin to convey this communication to yourself.
I have, &c.,
J. NIBBS BROWN, Police Magistrate,
Abaco.
Hon. C. R. Nesbitt, &c., &c., &c.
