Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-eighth Congress, Part I
Mr. Seward to Lord Lyons.
My Lord: Recurring to your note of the 3d of February last, and my own of the 5th of the same month, touching the claim of John Mackenzie, master of the schooner Golden Eagle, on account of losses said to have grown out of the seizure and detention of that vessel by the United States cruiser Penobscot, and the alleged pillage of some of her stores, as well as money belonging to persons composing her crew, I have the honor to transmit a copy of a communication from the Secretary of the Navy of the 14th instant, and to invite your attention to the report of Acting Ensign Shubael K. Luce, who was placed in charge of the Golden Eagle after her seizure. In that report the truth of Captain Mackenzie’s statement is denied, except that it is admitted that a barrel of potatoes and two hams were consumed by the prize crew, before they received provisions from their own vessel. From others of the accompanying papers it appears that there were circumstances respecting the movements of the schooner, taken in connexion with the fact that her cargo was composed chiefly, if not wholly, of salt, and with the statements of her crew, which naturally excited suspicions in the minds of the blockading officers that she sought to evade the blockade. Acting Rear-Admiral Lee, however, did not consider the evidence against her sufficiently strong to render it expedient to submit the case to adjudication. I would observe that the statement of the claim submitted by your lordship is indefinite, and is unsupported by any evidence of its correctness. When these omissions are supplied, by the parties aggrieved, I shall be ready to apply to the Secretary of the Navy for suggestions as to the manner of ascertaining and paying the amount of indemnity which may be justly due to them.
I have the honor to be, with the highest consideration, my lord, your very obedient servant,
Right Hon. Lord Lyons, &c.
Mr. Welles to Mr. Seward.
Sir: Referring to your letter of the 5th of February last, and the copy of Lord Lyon’s note therewith, I now have the honor to transmit herewith a copy of a despatch, No. 284, dated March 12, from Acting Rear-Admiral Lee, and its enclosures, and a copy of a communication from Lieutenant Commander J. E. DeHaven, dated the 4th instant, and its enclosure, relative to the claim of Mr. John Mackenzie on account of the seizure and detention of the schooner Golden Eagle, and alleged pillage of that vessel. The delay in answering your communication has arisen from the failure of Acting Ensign Luce, who was temporarily in charge of the Golden Eagle, to receive the first letter of inquiry addressed to him.
Very respectfully, your obedient servant,
Hon. Wm. H. Seward, Secretary of State.
Admiral Lee to Mr. Welles.
Sir: I enclose herewith (A) a copy of the report of Lieutenant Commanding DeHaven, dated December 14, on the seizure by him of the schooner Golden Eagle; a copy of my advice to him, (B,) dated December 26, to discharge her from custody, if he had no more evidence against her than that presented in his report (A;) and (C) Lieutenant Commander DeHaven’s explanations, dated March 2, regarding the alleged pillaging, &c, of the Golden Eagle, while under detention at Beaufort.
This last report is made in obedience to the department’s letter of inquiry to me, dated February 10, and enclosing a copy of a communication from Lord Lyons to the Secretary of State on the subject.
In Lieutenant Commander DeHaven’s communication (C) he states that he would require from Acting Ensign S. K. Luce, who was placed in charge of the Golden Eagle, a detailed report on the subject. This has not yet been received by me, but as Lieutenant Commander DeHaven, with the Penobscot, is now at the Washington navy yard, where he and his officers are accessible to direct inquiry by the department, if necessary, I have thought it proper to make this report.
I will forward the statement of Acting Ensign Luce as soon as received.
I have the honor to be, sir, very repectfully, yours,
Hon. Gideon Welles, Secretary of the Navy.
A.
Sir: I have to report that yesterday morning, about 10 o’clock, this vessel being on the passage to this port for repairs, I boarded the schooner Golden [Page 632] Eagle, under English colors, of and from Nassau, N. P., and consigned to Thos Duncan, Beaufort, North Carolina.
The captain and crew I have on board this vessel; the schooner I placed in charge of Acting Ensign S. K. Luce, with orders to proceed to Beaufort, North Carolina.
I have had an examination of the crew of the schooner, and send herewith the information elicited.
The papers of the Golden Eagle are indorsed by the American consul, and appear correct with the exception of shipping articles, where there is a discrepancy in the amount of monthly wages purported to have been paid the men. The movements of the schooner being suspicious, and her cargo (salt) contraband, I have thought best to hold her, for further instructions from yourself.
Acting Master’s Mates H. B. Nickerson and George Knowlton, Acting Ensigns David A. Glenny, Samuel H. Mead and Edward A. Small, ordered to the United States steamers Cambridge and Mount Vernon, reported to me this morning. Both of these vessels have gone north for repairs; hence I have thought best to direct their return to Hampton Roads, and report themselves to you.
Very respectfully, your obedient servant,
Acting Rear-Admiral S. P. Lee, Com’dg N. A. B. Squadron, U. S. S. Philadelphia, Hampton Roads.
B.
Sir: Your report of the 14th instant, regarding the seizure of the Golden Eagle, and enclosing some information elicited from her crew, by an examination, has been received.
There is not, I think, evidence given in your letters and its enclosures, sufficient for the condemnation of the Golden Eagle, and unless you know of additional proof, enough to condemn her, which would justify sending her in for adjudication, it would be well to release her.
Respectfully, yours,
Lieut. Com. J. E. DeHaven, U. S. N., Com’dg U. S. S. Penobscot, off Wilmington, N. C.
C.
Sir: Your communication of the 19th ultimo, accompanied with a copy of a letter from Captain Jno. Mackenzie, claiming compensation for seizure and detention of the schooner Golden Eagle, also for property pillaged while detained, was received yesterday.
In my report of the 14th of December last I made known the circumstances under which it was deemed necessary to detain that vessel, and, in compliance with your instructions of 26th of same month, released her.
The claim for property pillaged I have no knowledge of, there having been no complaint made to me, on the part of Captain Mackenzie or his crew, of [Page 633] that character; therefore, I must conclude that the accusation made is altogether without foundation.
The movements of the schooner at the time of her seizure were suspicious, showing a desire to evade the blockading vessels on the coast of North Carolina, by standing to the south and east, when the wind was fair, for vessels bound for the port of North Carolina, and distant from that port about twenty miles.
I will, at the earliest moment, forward instructions to the officer who was placed in charge of the schooner, Acting Ensign S. K. Luce, to report in full regarding the matter.
Very respectfully, your obedient servant,
Acting Rear-Admiral S. P. Lee, Com’dg N. A. B. Squad., Hampton Roads, Va., Flag-Ship Minnesota.
Information elicited from examination of crew of English schooner Golden Eagle.
Arthur Baine, cook: Says he is a native of Nassau; shipped on board schooner Golden Eagle, to make the passage to Beaufort, North Carolina. His wages were to be $25 per month, which was. more than the current price for such vessels; have been on the coast twelve days; had several days fair wind, if bound for Beaufort, which we did not avail ourselves of; were in seven or eight fathoms last evening; believes the vessel was intended to run the blockade.
John Davis, mate: Born in Milford, England; shipped in Nassau, for $40 per month, to go to Beaufort, North Carolina, in schooner Golden Eagle. Have never seen land on this coast; has no idea the captain intended to run the blockade; saw an American frigate, day before yesterday; tacked and stood away from her. The usual wages on such a voyage is $25 per month; does not know why he was paid more; does not know why he is down on shipping articles for only $25 per month.
John Mackenzie, captain: Lives in Liverpool; shipped at Nassau to take schooner Golden Eagle into Beaufort, North Carolina. Has been on the coast two days; struck soundings yesterday, for first time. Has had light wind since leaving Nassau. The Golden Eagle is owned by Sawyer & Menandez, of Nassau.
Zacharias Murray: Shipped in Nassau, for Beaufort, North Carolina; wages to fee $25 per month; $15 advanced by owners, the balance to be paid after getting to sea, which has not been done. Was told when shipped that the vessel was bound to Beaufort, North Carolina. Have not anchored on this coast. The usual wages of seamen, out of Nassau, is $14 or $15; on vessels intended to run the blockade, $25 per month.
Michael Colman, seaman: Shipped for $25 per month, to go to Beaufort, North Carolina. The captain promised me not to attempt to run the blockade. I received no advance. The usual coasting wages are about $15.
John Fernando, seaman: Lives in Nassau; shipped in Nassau, to go to Beaufort, for $25 per month; left Nassau three weeks ago to-day; night before last, saw a frigate, but she did not speak us. Thinks from the actions of the Golden Eagle that she intended to run the blockade. The usual price paid seamen to run the blockade is from $25 to $50. For trips to New York, men only get from $12 to $16.
The Golden Eagle is owned by Mr. Menandez. He has lost several in attempting to run the blockade, two of which were the Racer and British Queen.
[Untitled]
Sir: I herewith enclose to the department a communication, marked No. 1, from Acting Ensign S. K. Luce, referring to the claim of the master of the prize schooner Golden Eagle.
Very respectfully, your obedient servant,
Hon. Gideon Welles, Secretary of the Navy, &c., &c.
Respectfully forwarded.
[Untitled]
Sir: This evening I had the honor to receive a letter from you in relation to the prize schooner Golden Eagle; also, the letter from the captain of the schooner. Sir, the statement of the captain is false. The day we arrived in the harbor of Beaufort, the schooner’s crew were allowed to come on board from the Penobscot, after a change of clothing. The mate, after looking in his bag, said that he had six dollars stolen from it; and one of the men, also, complained of losing a small amount. I at once sent information of it to the executive officer of the Penobscot, Mr. Jacks. He at once sent the master-at-arms on board, and all of my men were searched, in my presence, and nothing was found on them. A day or two after this, the captain, mate and crew of the schooner were sent on board of the schooner to remain. After looking around, he said that one barrel of potatoes and some of his hams were missing. While on board, I had two of his hams, a few pounds of meat, and one barrel of potatoes cooked, as we brought no provisions with us from the Penobscot. As regards the oranges, they were lying in a berth in the cabin. I had them picked over, and two buckets of them were thrown overboard, as they were rotten; the remainder (two barrels) I set on the cabin floor and covered them over with bags of salt. The next day I was relieved from my charge, by Acting Master’s Mate Gideon Smith, of the Penobscot, as I was at the time suffering from an attack of the chronic diarrhoea. I then returned on board of the Penobscot, and know nothing of what happened afterwards.
This, sir, is a true statement of the case. You write that you sent a letter in regard to this last month. I did not receive the letter, sir, and knew nothing of this until this evening.
I am, most respectfully, your obedient servant,
Lieutenant Commander J. E. DeHaven, United States Steamer Penobscot, &c.
P. S.—Sir: The day I was relieved from the charge of schooner Golden Eagle, provisions were sent on board, from the Penobscot, for the use of the prize crew.
Respectfully, your obedient servant,