There is much in the protest that seems to call for your serious
consideration. Among the points to which I will ask your particular
attention is the allegation that the chief engineer was put in irons for
more than twenty-four hours by order of the prize officer.
I beg you to be so good as to send me back the authenticated copy of this
protest.
I have the honor to be, with the highest consideration, sir, you most
obedient, humble servant,
Hon. William H. Seward, Secretary of State, &c., &c., &c.
{Consulate Seal, Cuba.}
Know all men by this public instrument of protest, that on the 1st
day of April, A. D. 1863, at the office of the British consulate at
Havana, before me, John Vincent Crawford, esquire, her Britannic
Majesty’s acting consul-general in Cuba,
[Page 581]
presonally appeared Richard H. Eustice, the
master; Vincent Lazzole, the mate; William Jenkinson, chief
engineer; and Frederick Joseph Banning, the purser; all of and
belonging to the steamship Dolphin, of Liverpool, official number
3,150, and being severally sworn upon the Holy Evangelists of
Almighty God, declared that they, on board the said vessel, she then
being tight, staunch, and strong, well fitted and provisioned, and
being in every respect complete for their then intended voyage, and
being laden with a cargo of general merchandise, got up steam and
departed from Liverpool on the 10th day of February last, and
proceeded on their voyage towards Nassau, New Providence, via
Madeira and St. Thomas, at which places they were to call for a
supply of coal. That nothing particular occurred until their
departure from St. Thomas, on the 24th March. Next morning at
daylight, when in sight of Porto Rico, they saw a steamer on the
starboard bow bearing down upon them. They immediately hoisted their
ensign. Shortly afterwards a shot was observed to fall near the
starboard side, although no report was heard. The engines were
instantly stopped, several shots being fired by the stranger. Upon
her coming close to, they observed that she was a vessel-of-war of
the United States, and they were then boarded by an armed boat from
the said vessel, which proved to be the Wachusetts. The boarding
officer demanded the ship’s papers, which were given to him
immediately, and after examining them he mustered the crew, in spite
of Captain Eustice’s protest. He then went to the Wachusetts, and
returned with an armed force, which took possession of the ship, and
forcibly sent ten of the crew into his boat, arresting Captain
Eustice, and obliging him to go with the ten men on board the
Wachusetts, simultaneously hauling down the British flag and
hoisting that of the United States in its place. In about three
quarters of an hour afterwards Captain Eustice was brought back to
the ship, accompanied by an officer and about twenty men. The
Dolphin’s crew was again mustered, and ordered on board the
Wachusetts, with the exception of the master, the chief mate, the
purser, chief engineer, the steward, the cook, and the leading
fireman. The Wachusetts then left them, and the Dolphin was taken
charge of by Mr. Muldam, the prize officer, and proceeded towards
Key West; an order being issued prohibiting any of the Dolphin’s
people from going to the compass, under penalty of being shot. At 8
a.m., on the 26th March, Captain Eustice discovered that his charts
and chronometer were missing. It was also discovered that during the
night the fore hold had been broken into, and a quantity of
champagne, being part of the cargo, taken and consumed. On the 28th
March, about 6 a.m., Jenkinson, the chief engineer, was put in
double irons, by order of the prize officer, no reason being given,
and in spite of Captain Eustice protesting against such violence. At
11 a.m., on the 29th, the irons were taken off Mr. Jenkinson. At 7
p.m. he was locked up a prisoner, in his room, for the night. The
vessel having run short of fuel, put into this port this morning,
the master immediately reporting the circumstances of this
unwarrantable seizure of his vessel at this office, and requesting
to enter his protest. And whereas the said steamship Dolphin was
legally cleared at Liverpool for Nassau, and was bound upon her
legitimate voyage to that port when fallen in with, boarded and
seized, in the manner aforesaid, by the said Wachusetts, in direct
contravention of the laws of nations and the rights of neutrals
:
Therefore, the said appearers desire to protest, and by these
presents do most solemnly protest, against the captain, officers,
and crew of the United States ship-of-war Wachusetts, and against
the government of the United States of America, under whose orders
the said captain, officers, and crew are acting, for the unjust,
arbitrary, and piratical detention and seizure of their vessel, the
Dolphin, and her cargo, whilst on the prosecution of her legitimate
voyage from one neutral port to another, and for all losses,
damages, and averages, which may be consequent thereon, for these
appearers swear that all such is owing to the unjustifiable
[Page 582]
seizure and detention as
aforesaid, not by reason of any defect or insufficiency of the said
ship Dolphin, or neglect or impropriety of the master or crew.
R. H. EUSTICE, Master.
VINCENT LAZZOLE, Mate.
WILLIAM JENKINSON, Chief
Engineer.
F. J. BANNING, Purser.
Signed and sworn to before me,
JOHN V. CRAWFORD, Acting
Consul-general, Cuba.
A true copy.
