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 ask your serious attention to the enclosed documents, being a protest made by the master, mate, and chief engineer of the British steamer Victor, and an affidavit made by the chief engineer.
I beg you to observe, particularly, that it is stated in these documents that the Victor was boarded, searched, and captured by the United States steamer Juniata within the territorial jurisdiction of Spain; that the language and proceedings of the boarding officer were unnecessarily violent and offensive; that the master, mate, and engineer were detained as prisoners on board the Juniata, at Key West, for eleven or twelve days, during which they were without many comforts, not to say necessaries; and that they were finally imprisoned in the fort, in a cell so narrow and so ill ventilated that their sufferings were intense, and that their health was seriously injured.
I must also direct your notice to the statement of the engineer, that his deposition was not taken fairly by the prize commissioner, and that he signed it under a threat that he should be sent back to the fort if he refused.
I shall be much obliged to you if you will do me the honor to return to me the protest and affidavit.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, Secretary of State, &c.
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Know all men, by this public instrument of protest, that, on the 25th day of June, in the year of our Lord 1863, at the office of the British consulate at Havana, before me, John Vincent Crawford, esq., her Britannic Majesty’s acting consul general in Cuba, personally appeared John James Pearce, the master and owner, Lumley Kennedy, the mate, and George W. Ardell, chief engineer, all of and belonging to the screw steamer Victor, provisionally registered at this office, and being severally sworn upon the Holy Evangelists of Almighty God, declared that they, on board of the said vessel, she then being tight, staunch, [Page 667] and strong, well-fitted and provisioned, and in every respect complete for their then intended voyage, and being laden with a general cargo of lawful merchandise, got up steam and departed from this port of Havana on the afternoon of Thursday, the 28th day of May last, and proceeded on their voyage towards the port of Matamoras, the vessel’s clearance and other papers being in perfect order. That when in the Narrows, between the guardship and the Moro, at the entrance of this harbor, the United States steamship Juniata passed them, and stood out to sea. At 5 p.m., when abreast of the Moro Castle, the Victor discharged her pilot, and there being a heavy sea breaking on the coast, they proceeded under easy steam. At 6 p.m., when they were about five miles from the Moro, and about two miles from Punta de las Rogues, between the Chonera and Mariannas, the United States ship-of-war Juniata, then to the northward and eastward of the Victor, bore down upon them, and while crossing the bar hailed them, and ordered them to stop until she sent a boat on board. That the Victor was immediately stopped, and a few minutes after she was boarded by a boat from the Juniata, the officer in command of the boat demanding the vessel’s papers in a most violent manner, and using very insulting language. He then ordered his boat’s crew to break open the cargo, and to the master’s request that they should use an auger to bore the chests of tea, instead of smashing the lids and damaging the contents, the officers paid no attention. The master was then ordered to go on board the Juniata, and directions were given to steer the Victor, in that vessel’s wake. The boarding officer being asked why he thus treated a British vessel, bound on a legitimate voyage, and having all her papers in proper order, replied, in a most violent manner, that Admiral Wilkes’s orders were to seize every steamer under the British flag going to the westward. After the master had been on board the Juniata for a considerable time, the commander informed him that he would take the Victor to Key West, and upon the master’s remonstrating and protesting against such a proceeding, the commander replied, “that from information received whilst at Havana he suspected that it was the master’s intention to run the blockade.” The master was kept a prisoner on board the Juniata, and so were all the Victor’s crew, except the second engineer and one fireman. The Victor being a high-pressure boat, the engineers of the Juniata were unable to work her engines, so that the Victor’s second engineer had to be sent back to her for that purpose. That they arrived at Key West on the 29th of May; were refused communication with the British vice-consul, and kept prisoners on board the Juniata from the 29th May until the 9th June, and were not allowed beds of any description, nor even a change of clothes. On the 9th June the master, chief engineer, and the mate, were taken to Fort Taylor, where their names were registered, and the officer who brought them from the Juniata ordered that they were to be placed in close confinement. They were then locked up in a cell, the door of which was air-tight. This cell was about ten feet square, with a slanting roof, the highest part being about ten feet, and the lowest part about seven feet from the floor; in the wall, at the upper part, were two holes, protected by strong iron bars. Their sufferings there were dreadful. They had to strip off the clothes which they had been compelled to wear since their departure from Havana, and were obliged to lay naked and gasping on the floor of the cell. After a while the jailer came with a bucket of water, and again locked the door. Next morning they begged the jailer to get a chain to secure the door so as to leave it a little open that they might get some air, but even this was refused. That night, the mate having become violently ill, he had to be removed to another cell. That, on the 11th June, the master was sent for and taken to the office of the prize commissioner’s to be examined, and on return to the fort he complained so badly of palpitation of the heart that he was allowed to pass the right in one of the casemates; but the following night, though still very unwell, he was again put back into the cell. That this dreadful treatment continued until the 13th instant, when they were all discharged [Page 668] from the fort and set at liberty. The rest of the crew had been landed from the Juniata on the 9th, and were left to shift for themselves. And whereas the said steamer Victor was lawfully cleared and laden with a legitimate cargo from Havana for Matamoras, and were really and truly bound for the latter port, and, moreover, was in Spanish waters when seized by the Juniata as aforesaid: Now, therefore, these appearers desire to protest, and by these presents do most solemnly protest, against the commander, officers, and crew of the United States steamer Juniata, and against the government of the United States of North America, under whose orders the said commander, officers, and crew have acted, and are acting, for the unjust and arbitrary seizure and detention of their vessel, the Victor, and her cargo, and for all losses, damages, averages, demurrage, loss of markets, and any and all other wrongs whatever which have been or may have been sustained or suffered, or may have arisen to the said steamer Victor, her tackel, apparel, or to the cargo on board, in consequence thereof. And, further, these appearers do solemnly protest against, and claim damages from the government of the United States for the harsh and cruel imprisonment they have suffered on board the Juniata and in Fort Taylor, as being not only perfectly uncalled for, but contrary to the laws of humanity and justice, for these appearers swear that they have done nothing whatever to warrant such treatment.
JOHN J. PEARCE.
G. W. ARDELL.
LUMLEY KENNEDY.
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I do hereby certify that the above document is a true and faithful copy, word for word compared, of a protest extended at this office, the day and date therein mentioned, and registered at folios 304, 305, 306, and 307, of records book F, in the archives of this consulate.
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At the office of the British consulate at Havana, before me, John Vincent Crawford, esq., her Britannic Majesty’s acting consul general in Cuba, personally appeared George William Ardell, British subject, born at Manchester, England, chief engineer of the British steamer Victor, provisionally registered at this office, and having been sworn upon the Holy Evangelists of Almighty God, declared that he left the port of Havana, on the 28th ultimo, as chief engineer, on board of the screw steamer Victor, bound to Matamoras, Mexico; and that about six o’clock the same evening, when the Victor was about six miles from the Moro Castle, and about two and a quarter miles from the coast of Cuba, the United States steamer Juniata, Commander Stevens, bore down upon and seized the said vessel. That upon being ordered to go, with the rest of the crew of the Victor, on board the United States ship, deponent asked to be allowed to take his clothes along with him; but the boarding officer answered, “not a damned stitch.” Deponent then remarked, “It is very strange that you should treat us so; we are an English vessel in Spanish waters, and bound on a legal voyage;” to which the officer replied, “I don’t care a damn; Admiral Wilkes’s orders are to seize every damned thing going to leeward, and [Page 669] we will do it.” Deponent was then ordered to work the engine, which he refused to do, as he declined obeying any one but his own captain, and he was sent on board the Juniata with the rest of the crew. The next day they arrived at Key West, where deponent and the rest of the crew were detained as prisoners on board the Juniata from the 29th May to the 9th instant, and were not allowed to communicate with the shore, or with the British vice-consul, nor were they permitted to get a change of clothes; no beds of any description were given them, so that they had to sleep on the bare deck, and they were denied anything from on board their own ship, the Victor. On the morning of the 9th instant deponent, together with the master and mate, were put into a boat and taken to Fort Taylor, where, after their names were registered, they were put in a dungeon ten feet square, the roof being arched; the highest part being ten feet from the floor, and the lowest part seven feet. The door was airtight, and the only ventilation was derived from two small square openings near the roof, and which were strongly grated. The heat and stench of this dungeon soon became intolerable. They were obliged to strip themselves naked and lay flat on the floor gasping for air. The jailor, upon their beating on the door for some time, brought them a bucket of water, without any vessel to drink with, and locked the door again. At twelve o’clock, noon, the jailer appeared with a sentry, and as soon as deponent, the master, and the mate had hurried on their clothes, they were led to the soldiers’ mess for dinner, and were allowed about a quarter of an hour to eat it, and they were then taken back and locked up as before. At six p. m. they were taken in the same manner to supper, and returned to their dungeon. Their sufferings that night were indescribable, because of the intense heat and stench, and the myriad mosquitoes added to the dreadful feeling of suffocation from the scarcity of air. Sleep, under such circumstances, was impossible. About daylight the mate complained of faintness, and was seized with violent cramps in the stomach and cold sweats, so that they had to thump hard on the door to attract attention. In about three-quarters of an hour the jailer came, and seeing the mate’s condition had him removed, which gave the deponent and the master great relief, inasmuch as the air consumed by even one person, in such a narrow space, was of the utmost consequence. The tenth instant passed in the same manner, the master complaining, towards night, of oppression of the heart. On the 11th instant the master was taken out to be examined before the prize commissioners, and deponent was left alone in the dungeon until the following morning, when, after breakfast, he was allowed to join the master in one of the casemates of the fort, where, it appears, the master had passed the night, having palpitation of the heart. The mate was examined before the prize commissioners, and that evening, about half-past six o’clock, deponent, with the master and the mate, were again locked up in the dungeon, termed, by the garrison, the “sweat-box” Here they again suffered dreadfully; their clothes had become offensive, and the scarcity of air was felt, if possible, more than the first night of their incarceration. The mosquitoes were intolerable, and the only way they could create a circulation of air was, by fanning the floor with their coats. Their mental sufferings were very great, as, being conscious of having committed no offence or crime whatever, they were in total ignorance of any reason for their arrest; and what preyed upon their minds most, was their uncertainty as to how long this fearful treatment would last; for, if prolonged, it must end in certain death to all. three. Fortunately, on the 13th instant, after deponent had been examined before the prize commissioners, he and his fellow prisoners were released.
Deponent further declares that he protested against signing the papers presented to him, for that purpose, by the prize commissioner, Mr. Welch, said papers purporting to be his testimony, inasmuch as he, deponent, objected to the manner in which his answers were taken down, not being true and fair, and large spaces [Page 670] being left vacant. Deponent declares that he signed these papers under a threat from the prize commissioner, that if he did do so, he would be kept in Fort Taylor until he got ready to sign them.
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I do hereby certify that the above document is a true and faithful copy, word for word, compared, of an affidavit extended at this office, the day and date therein mentioned, and registered at folios 308, 309 and 310 of Records, Book F, in the archives of this consulate.