Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-eighth Congress, Part I
Lord Lyons to Mr. Seward.
Sir: I have the honor to acknowledge the receipt of your notes of the 3d and 4th instant, and of your two notes of the 6th instant, all relating to the case of the British steamer Peterhoff, captured off the island of St. Thomas.
[Page 549]In order to complete the information which I have felt it my duty to communicate to you respecting this capture, I do myself the honor to lay before you an authenticated copy of a protest, made by the master, mate, and steward of the Peterhoff, before the British vice-consul at Key West, and also an authenticated extract from the official log of the ship. I beg you to be so good as to return these documents to me.
You will observe that a request made by the master, that the British mail which was on board might be delivered to her Majesty’s consul, to be forwarded to its destination, was refused by the commander of the capturing ship. This refusal appears to be inconsistent with the instructions prescribed by your letter to the Secretary of the Navy of the 31st October, 1862.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, Secretary of State.
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By this public instrument of protest and declaration be it known, and made manifest unto all persons whom it doth, shall, or may concern, that on this fourteenth day of March, in the year of our Lord 1863, before me, Aubrey George Butterfield, her Britannic Majesty’s vice-consul in and for the State of Florida, at the British vice-consulate office, at Key West, personally came and appeared Stephen Jarman, master of the British steamer Peterhoff, of the burden of 269 tons, or thereabouts, belonging to the port of London, England, who having duly noted a protest before me, the said vice-consul, now wished to extend the same, and for that purpose, he, the said master, has brought with him H. Bound, mate, and T. Webber, steward of and belonging to the said steamer; and the said appearers being by me, the said consul, duly sworn upon the holy evangelists of Almighty God, did severally declare and depose as follows:
That on Thursday, at 7 a.m., January 8, A. D. 1863, they, the said appearers, set sail in and with the said steamer for the port of London, England, laden with general merchandise, and bound to Matamoras, in the republic of Mexico, under charge of the pilot, who proceeded with the vessel until she was safely anchored at Plymouth harbor, where she arrived at 11.15 p.m. on the 9th of January, and remained until the 18th of the same month, being detained at the same port by a continuation of boisterous weather or other causes. That at 2 p.m. on the same day the pilot left the ship, when the said appearers made all possible sail, and prosecuted their voyage until the same night, when the wind became strong, increasing to a gale, from the westward, and a very high sea rising, the said appearers then bore up to the port of Falmouth, where they arrived on the following morning, at 8 a.m. the 19th, where, from the continuance of bad weather, the said appearers were obliged to remain until Tuesday, the 27th instant, when they again made all possible sail, until the night of the 28th, when strong gales commenced from the west, southwest, and continued until the night of the 30th, a very high sea running all the time, and the ship laboring heavily. Nothing further occurring until Friday, February 20, (when at 8. a.m. in latitude 18° 18’ north, and longitude 64° 50’ west; Buck island bearing west half north; Hunder island northwest, two miles; French cap southwest by west half west,) when the said steamer was stopped on her course toward St. Thomas (to which port she was calling for coal) by two shots being fired across the bows from the United States steamship Alabama. She was then [Page 550] boarded by an officer from the Alabama, who demanded the sight of her papers, which, on being examined, the said officer (although he declined to indorse them) passed them as correct, and allowed the steamer to proceed on her course at 8.30 a.m., which she did, and arrived at St. Thomas at 9.30 the same morning.
On the morning of the 25th, Wednesday, having finished coaling, the said appearers, with the said steamer, left the port of St. Thomas at 1 p.m. to proceed on their voyage to Matamoras, which they did until 2.20 p.m., when they were stopped by the United States steamship Vanderbilt, (where Buck island bore east, by north-half north, light-house northeast about four miles, Sail rock west by north, one-quarter north.) An officer then came on board and requested to see the ship’s papers; they were shown to him, when he examined them, and made a note that the ship had her Britannic Majesty’s mails on board; he then left the ship, saying that the steamer’s papers were not correct, as they had not been indorsed by the British consul at St. Thomas, to which remark the captain of the said steamer replied that he must have overlooked it, and that if he would wait he would point out to him the indorsement made on his papers by the British consul at St. Thomas; this the officer declined to do, and immediately left for the Vanderbilt. At 3.30 the same officer (Mr. Keyser) returned to the ship and ordered the said captain of the Peterhoff on board the Vanderbilt, with all the papers and documents of the ship, stating at the same time, in the event of his refusal, an armed crew would be sent on board to take charge of the ship; to this the captain refused, the passengers also objecting to his leaving the ship after such a threat being held out.
And the said appeared do further declare that at 4 p.m. the same day the said steamer was again boarded by two boat’s crews fully armed, having on board three officers and twenty-one men, who forcibly took charge of the said steamer; the Vanderbilt then left for St Thomas, when the said captain of the Peterhoff requested them, through the officer in charge of the boat, to call on the British consul at that place.
And the said appearers do further declare that at 7 p.m. the captain, officers, crew, and passengers, were all confined below, and armed sentries stationed at the hatchways and cabin door, and that at 9 p.m., when the Vanderbilt returned, they were again boarded by an officer, (Mr. E. Lewis, acting master,) who also demanded the ship’s papers to be delivered up to him, to be sent to the captain of the Vanderbit, to which demand the said captain of the Peterhoff refused, saying that he would not deliver them up except to a British consul, or other British officer in authority. At the same time he wished him to understand that any number of officers were perfectly welcome to examine the papers on board the ship; to which the said officer of the United States replied, “Then, sir, consider yourself as no longer in command of this ship. I take charge of her in the name of the United States of America.” Whereupon be demanded all arms and ammunition to be delivered up, and they were sent on board the Vanderbilt, together with all the crew, except the master, mate, second engineer, steward, cook, one boy and the passengers, who continued to be kept as close prisoners. The said captain then wrote to the commander of the Vanderbilt, protesting against the capture of the vessel, being an act most illegal, also explaining that she had her Britannic Majesty’s mails on board, which he requested they would deliver to the British consul at St. Thomas, to be disposed of by him; to this request the commander of the Vanderbilt made a verbal reply, that he declined interfering with the freight.
And the said appearers do further declare that at 7 a.m. on the following day, the 26th, the ship bore away to Key West, (as reported,) and the Vanderbilt returned to St. Thomas.
And the said appearers do further declare that the said Stephen Jarman, captain of the said steamer Peterhoff, did, at the time of the said capture aforesaid, strongly protest against the said capture, protesting that the said capture was a [Page 551] most illegal act, he being with the said steamer Peterhoff on a legal voyage from St. Thomas to Matamoras, in the republic of Mexico.
And the said appearers do further declare, that the said steamer Peterhoff, under charge of the prize master as aforesaid, arrived at this port of Key West on Saturday, March 7, A. D. 1863.
And the said appearers do also further declare that the said steamer, at the time of her departure from London, as well as at the time of her capture as aforesaid, was tight, staunch, and strong, and that her hatches were well and sufficiently calked and covered, and was well and sufficiently manned, provided and furnished with all things needful and necessary for the said voyage, and that during the said voyage they, the said appearers and ship’s company, used their utmost endeavors to preserve the said steamer, and the goods of her loading from damage and loss.
And, therefore, the said Stephen Jarman, master as aforesaid, did declare to protest—as by these presents he doth solemnly protest—and I, the said consul, do also protest against all and every person or persons whomsoever whom it doth, shall, or may concern, and do declare that all and all manner of damages, losses and detriments whatsoever that have happened to the said steamer and the goods of her loading, or to either of them, or to any part thereof, are and ought to be borne by the merchants and freighters, or underwriters interested, or by whomsoever else it shall or may concern, (by way of average, or otherwise,) the same having occurred as before mentioned, and not by or through the insufficiency of the said steamer, or the neglect of him, the said master, and firstnamed appearer, his officers or any of his mariners.
In witness whereof, the said appearers have hereunto subscribed their names.
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All which matters and things were by the said appearers severally declared, affirmed, subscribed and sworn to, as before is set forth, in the presence of me, the said vice-consul; and therefore I have hereunto subscribed my name and affixed the seal of this office, being requested to testify and certify the premises. This done and protested at Key West, aforesaid, the day and year herein first mentioned.
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I, Aubrey George Butterfield, do hereby certify the foregoing to be a true and correct copy of the original protest recorded in this office. In testimony whereof, I do hereunto set my hand and seal of office, at the port of Key West, this sixteenth day of March, in the year of our Lord one thousand eight hundred and sixty-three.
[l. s.]
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[L. S.]
I, Aubrey G. Butterfield, esq., her Majesty’s vice-consul, do hereby certify that the annexed paper is a true and correct copy of such portions of the official log-book of the British steamer Peterhoff as relates to the capture of the said [Page 552] vessel by the United States war ship Vanderbilt, when on a voyage from St. Thomas to Matamoras.
Copy of the official log of the British steamer Peterhoff, as kept by the captain when on her voyage from London to Matamoras, and attested by the mate and passengers on board.
On Friday, February 20, A. D. 1863, at 8 a.m., when proceeding on our course towards St. Thomas, when in latitude 18° 18’ north and longitude 64° 50’, Buck island being west ½ north, Hunder island northwest 2 miles, French cap southwest by west ½ west, were stopped by two shots being fired across our bows from the United States steamship Alabama, and then boarded by an officer from said ship, who demanded a sight of the ship’s papers; they were shown to him, and after very carefully examining the same, he passed them as satisfactory and correct; not having power to indorse the same, he left the ship, and we proceeded on at 8.30 a.m.
At 9.30 we anchored in the harbor of St. Thomas, after steaming on slowly, with jack flying for a pilot.
On arrival I reported to the harbor master and British consul what the Alabama had done in Danish waters; then entered my ship at the custom-house, and arranged for coaling.
February 24.—This day the United States steamer Wachusett arrived, with Admiral Wilkes on board, also the Oneida as tender. In the evening, it being currently reported on shore that Admiral Wilkes had said the Alabama ought to have captured the Peterhoff, I advised with some of my passengers, and concluded to ask the advice of the British consul, in the morning, as to whether I had not better call on Admiral Wilkes with my papers, to get them indorsed by him, to prevent further molestation from United States ships-of-war.
February 25.—At 8 a.m. I called on the British consul, and consulted with him on the above-mentioned subject. He said that Admiral Wilkes’s pass would be of no avail, and he did not consider it at all requisite, as our papers were perfectly legal; and having her Majesty’s mails on board for Matamoras, he did not think they would dare stop the ship, being free and going to a neutral port. On this advice I acted, and proceeded to sea. At 0.45 p.m. we cast off the buoy, and steamed slowly out of the harbor. At 1 p.m. one of the air-pumps became disabled, so that no vacuum could be obtained; stopped the engines, and made all sail; passed the United States steamer Vanderbilt going in, and when she arrived off the harbor mouth we observed her exchanging signals with the admiral’s ship. At 2 p.m. the said steamer folio wed us, and at 2.20 p.m. ordered us to heave to, which we did, (Buck island being east by north ½ north, lighthouse northeast, from St. Thomas north-northeast, Sail rock west by north ¼ north.) An officer, Mr. Keyser, (acting ensign,) then came on board and requested to see the ship’s papers; they were shown to him, and he examined them, and also made a note of the ship’s having a mail on board; and when about to leave the ship, at 2.55 p.m., and in his boat, he ordered me to remain hove to with the ship, and said the papers were not in due form, as they were not indorsed by the consul at St. Thomas. I replied, “You must have overlooked it, sir; but if you will kindly step up again I will point it out to you.” This he declined, and left for the Vanderbilt. At 3.30 p.m. Mr. Keyser returned, and ordered me on board the said ship, with the papers and documents connected [Page 553] with the Peterhoff, stating, at same time, in the event of my refusal, an armed crew would be sent on board to take charge. I told him that his commander was at liberty to send as many officers as he thought proper to examine the papers here on board, and also to search the ship if he wished; but that as I held a commission in the naval reserve, (which in itself should be a guarantee,) and having her Majesty’s mails on board for Matamoras, as master of the ship and mail agent, I objected to leave her at sea, and particularly after such a threat as held out. I said, “The papers have already been overhauled and passed (as you are aware) by the United States steamship Alabama, and you are all perfectly welcome to see them again.” He replied, “I will return and report;” and during the whole of the above conversation, I particularly called the attention of my officers and passengers to witness the same, and one and all strongly protested against my leaving the ship, except by force of arms. At 4 p.m. we were boarded by two boats’ crews fully armed, consisting of three officers and twenty-one men, who forcibly took charge of our ship, and prevented my chief officer from touching the English ensign, which was flying the whole time. One of the crew took charge of the wheel, and their engineer officer of the engine-room. The Vanderbilt then steered for St. Thomas, for further instructions, and I requested them to call on the British consul. Our ship remained hove to under the entire charge of Mr. A. C. Alexander and his crew. The weather looking squally, I called the officer’s attention to the same, and told him I held him responsible if anything was injured or carried away. He replied, “All right, sir.” At 7 p.m. myself and officers and passengers were all ordered below, crew likewise, and two armed sentries were stationed at the cabin-door, others on the bridge and forecastle. I then asked permission to see the officer in charge, and protested strongly against such an act of gross tyranny, depriving us of liberty and fresh air; at the same time I requested him to stand toward St. Thomas, as I wished to return to that port. He replied, “My orders are to remain where I am; and I must be very careful and cautious, for one of my men has just reported to me that the captain was seen loading his revolver.” Now, seeing that Mr. Alexander was in a great state of agitation and fear, I begged of him to dispose of and banish from his mind all ideas respecting our wishing to retake the ship, for, in the first place, being disabled in our machinery, we could not make our escape; secondly, it would be the last of our thoughts, under existing circumstances; for although it would be an easy matter to do, I trusted we had too much good sense to attempt it.
At 7 p.m. the Vanderbilt again returned, and we were boarded by an officer, Mr. E. Lewis, who, in a most authoritative tone, in the cabin where we were all detained as prisoners, demanded the ship’s papers to be delivered up to him to be sent to Captain Baldwin, of the Vanderbilt. I told him I could not let them go out of my possession, nor over the ship’s side, and did not feel myself justified in delivering them up to any one but a British consul, or some other British officer in authority, and not even then without a proper receipt—more particularly, after Admiral Wilkes’s remarks as currently reported at St. Thomas, for I could not tell what use they might wish to make of them; but at the same time again wished him to understand that himself or any number of officers were perfectly welcome to examine them on board the ship. He replied,” Then, sir, consider yourself as no longer in command of this ship. I take charge and command of her in the name of the United States, and as long as you treat me as a gentleman I will treat you the same.” At 9.50 an officer came down and demanded all the small arms belonging to self, officers and passengers; they were given up to him, (for which he refused to give a receipt,) and they were gent on board the Vanderbilt. At about the same time the whole of our crew were taken on board ship, excepting self, first officer, second engineer, steward, cook and boy, and the passengers. Myself and mate kept close prisoners in the cabin, with two armed sentries at the door. Now the Vanderbilt having [Page 554] been to St. Thomas, I asked them if they had not called on the British consul as I requested. They replied, they had not done so; they had only communicated with Admiral Wilke’s. I said, “If you had brought me a note from my consul, I would have been guided by his advice.” I then wrote a note to Commander Baldwin, (copy see margin,) and about 11.45 p.m. received a verbal reply stating that he declined interfering with the freight. Our ship remained hove to during the night, exchanging officers, crew, and also provisions. At 7 a.m. the next day, the 26th, we bore away for Key West, (as reported,) and the Vanderbilt steamed towards St. Thomas.
Letter from Capt. Jarman to Commander Baldwin, before referred to.
Sir: My ship having been forcibly taken possession of by an armed crew from your vessel, I hereby strongly protest against your proceedings as an act most illegal. My ship’s papers were examined on the 20th, and passed by the United States steamship Alabama, as you are aware, and now but partially examined by your own officers.
I beg leave to inform you that we have her Britannic Majesty’s mails on board for Matamoras; and as I am desirous of having them forwarded to their destination as quickly as possible, may I request you to cause them to be delivered to the British consul at St. Thomas, to be disposed of by him ?
I am, sir, your obedient servant,
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March 7,1863.—At 1.30 p.m. we were boarded by a government pilot, who took charge, and at 1.45 p.m. they brought the ship into the harbor of Key West—myself and passengers detained on board. Captain Lewis and pilot left the ship. I then sent a note to her Britannic Majesty’s consul.
STEPHEN JARMAN, Master.
H. BOND, Mate.
Witnesses: Samuel J. Redgate, Lloyd’s agent, Matamoras, G. W. Almond, Robert Bowdon, F. Mohl, P. J. Edwards, John H. Ellsworth, Theod. Heych.
Additional extracts, as copied from the official log-book of the steamer Peterhoff attested by the captain and mate.
Thursday, February 26, 1863.—At 10 a.m. the cook came aft and reported that the forecastle room had been broken open by the prize crew during the night, and that the whole of the hams, bacon, and cheese, also some tea and sugar, had been stolen therefrom. I ordered him to nail the door up, and to let me know if he saw anything going wrong. I then reported to Mr. E. Lewis, officer in charge. He said he would inquire into it. In overhauling the machinery, the engineer in charge found a small chip of wood in one of the air pumps. It is now all right, and she is working as before. All plain sails set; no stud sails. One-half the passengers and self allowed on deck at same time; the other half confined to the cabin, an armed sentry stationed at the door, and a corporal close by.
Friday, 27th.—At 8 a.m., steering to go through the Mona passage. We [Page 555] sighted a steamer. At 11.15 we shortened sail, and they hoisted our ensign, when the steamer Alabama spoke us; asked what ship, and if we were a prize. Mr. Lewis replied yes, and bound for Key West, and also told them that the Vanderbilt was at St. Thomas. She then bore away, and we made all steam and sail. It was now blowing fresh from the northeast, with a high beam sea running, and having some coals on deck, caused our ship to roll heavily. I protested against going out by that passage, and explained the advantage of going to leeward. Mr. Lewis immediately bore up for the south side of St. Domingo. I omitted to mention, yesterday, my charts were called for as soon as we started, and three or four taken to navigate the ship. The cook again reported the storeroom broken open, and log-line and canvas missing. I requested Mr. Lewis to have the after hatch taken off for benefit of cargo. It was done accordingly. Passengers still under same restrictions; an armed sentry still kept at cabin door.
Saturday, 28th.—Steering to westward, along south side of St. Domingo. Nothing particular occurred this day, excepting storeroom again broken open; called Mr. Lewis’s attention to the hams and bacon brought to the galley to cook; canvas and small line missing; not being allowed to go forward, cannot tell exactly what is going on. All the passengers allowed to go on deck; armed sentry still stationed at the door day and night; after hatch off during the day.
March 1.—Fine weather throughout. At 10.30 performed divine service in the cabin; passengers all in attendance. Our stores still being used by the men forward. Ship making slow progress through not keeping steam up.
March 2.—At noon, off Falmouth, (10 miles,) Jamaica. Hatches off during the day. Observed very few hands at work, and they seem to be shut in the engine-room.
March 5.—At 2 p.m. made the light-house on Cape St. Antonio. At noon, fresh northeast winds, and fine. Ship steering towards Key West, going very slowly; little steam.
March 3.—The cook reported the new canvas and houseline being used by the prize crew. Heading to the northeast, this day we arrived. Sentry at the saloon door.