Mr. Adams to Mr.
Seward.
No. 530.]
Legation of the United States,
London,
November 5,1863.
Sir: In my despatch No. 527, of the 30th of
October, sent last week, I mentioned my intention to address a note to
Lord Russell, in reply to his of the 26th of that month, and at the same
time seize the opportunity to send in the papers which yet remained in
my hands relating to cases of depredation committed by the Oreto, alias the Florida. A copy of that note is
herewith transmitted.
In relation to the extraordinary proceedings of the Alabama at Cape Town,
reported in my despatch No. 505, of the 1st of October, probably one of
those detained by the accident which happened to the Africa, I have now
received from Lord Russell a reply to my representation. A copy of his
note is transmitted, as well as of my acknowledgment of it. I presume
the assurances to be given to you through Lord Lyons are intended to be
satisfactory. I am not unwilling to be relieved of the necessity of
arguing here a new question, which adds another heavy responsibility to
those already incurred by this government from its feeble and
fluctuating policy. It is alleged in the newspapers that a portion of
the merchandise taken in the captured vessel was actually sold by the
commander of the Alabama at Cape Town. This would seem to involve a
question of restoration. I do not perceive that Lord Russell alludes to
this. Perhaps it was not necesary, as I think there was no reference to
it in the consul’s representation, upon which my first note was
based.
Since writing the above I have received a letter from Mr. Graham, the
consul at Cape Town, a copy of which, at his request, I transmit It
appears to establish the fact that the governor considered the sale of
captured property as not prohibited by the Queen’s proclamation. Hence
it is scarcely to be doubted that such sales were actually made. I shall
write to Mr. Graham to obtain, in some form or other, the evidence to
which he refers, and send it to the department.
Judge Pringle has likewise sent to me a supplement to the Cape Town
Advertiser of the 17th of September. last, containing the private
journal of an officer of the Alabama, giving a full account of all her
operations from the commencement. It goes far to corroborate the
statement of the paymaster, Mr. Yonge, who was one of the principal
witnesses in the case of the Alexandra. Although not available as
evidence, I shall cause it to be reprinted here and send copies to the
attorney general and other parties, who may be open to further
conviction.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward,
Secretary of State, Washington, D. C.
[Page XXXIV]
Mr. Adams to Earl Russell.
Legation of the United
States,
London,
October 31, 1863.
My Lord: I have the honor to acknowledge
the reception of your note of the 26th instant.
The conclusion to which it would seem that both governments arrive,
in regard to the disposition to be made of the claims growing out of
the depredations of the Alabama and other vessels issuing from
British ports, appears to render further discussion of the merits of
the question unnecessary. It is only to preclude the possibility of
any inference growing out of an omission to notice it that I beg
permission to make a single remark in connexion with your lordship’s
observation, that “the British government declines to be responsible
for the acts of parties who fit out a seeming merchant ship.” So far
as the vessels now complained of are concerned, I think no
reasonable doubt can be entertained, from the evidence which was
obtained before their departure, that they never bore the semblance
of merchant ships, even to her Majesty’s officers who reported upon
them.
I now beg permission to lay before her Majesty’s government a number
of memorials and other papers connected with the depredations of the
vessel formerly called the Oreto, and now the Florida, which I am
instructed to request may be disposed of in the manner indicated in
my note of the 23d instant, to which your lordship’s was in
answer.
I pray your lordship to accept the assurances of the highest
consideration with which I have the honor to be, my lord, your most
obedient servant,
Right Hon. Earl Russell,
&c., &c., &c.
Earl Russell to Mr. Adams.
Foreign Office,
October 29, 1863.
Sir: I acquainted you in my letter of the
2d instant that the matter connected with the proceedings of the
confederate steamer Alabama at the Cape of Good Hope, to which your
letter of the 29th September referred, were under the consideration
of her Majesty’s government.
Those matters were the capture by the Alabama of the United States
vessel Sea Bride within, as was alleged, the territorial
jurisdiction of Great Britain; secondly, the character of the
Alabama herself; thirdly, the manner in which the Tuscaloosa,
alleged to be a tender of the Alabama, was dealt with by the
authorities of the cape. On these several points I have to state to
you—first, that her Majesty’s government are satisfied, by the
concurrent testimony of the colonial and naval authorities at the
cape, that at the time of capture the Sea Bride was considerably
more than three miles distant from the nearest land; secondly, that
as regards the character of the Alabama, that vessel is entitled to
be treated as a ship-of-war belonging to a belligerent power, and
that neither the governor nor any other British authority at the
cape was entitled to exercise any jurisdiction over her; thirdly,
that as regards the Tuscaloosa, although her Majesty’s government
would have approved the British authorities at the cape if they had
adopted towards that vessel a course different from that which was
adopted, yet the question as to the manner in which a vessel under
such circumstances should, according to the tenor of her Majesty’s
orders, be dealt with was one not altogether free from uncertainty.
Nevertheless, instructions [Page XXXV] will be sent to the British authorities at the cape for their
guidance in the event of a similar case occurring hereafter. And her
Majesty’s government hope that under those instructions nothing will
for the future happen to admit of a question being raised as [to]
her Majesty’s orders having been strictly carried out.
Copies of the reports from the colonial and naval authorities on the
matters in question will be sent to her Majesty’s minister at
Washington, who will thereby be enabled to give to the government of
the United States any further explanation they may desire to obtain
on the subject.
I have the honor to be, with the highest consideration, sir, your
most obedient, humble servant,
Charles Francis Adams, Esq., &c., &c., &c.,
Mr. Adams to Earl Russell.
Legation of the United
States,
London,
October 31, 1863.
My Lord: I have the honor to acknowledge
the reception of your note of the 29th instant, in reply to my
representation of the proceedings of the steamer Alabama at the Cape
of Good Hope.
Inasmuch as your lordship intimates that further explanation will be
made to my government through the agency of her Majesty’s minister
at Washington, I shall confine myself to the transmission of a copy
of your note.
I pray your lordship to accept the assurances of the highest
consideration with which I have the honor to be, my lord, your most
obedient servant,
Right Hon. Earl Russell,
&c., &c., &c.
Mr. Graham to Mr. Adams.
United States Consulate,
Cape Town,
September 26, 1863.
Sir: The Alabama sailed again from Simon’s
bay yesterday at 3 o’clock a.m. I have not had any further
intelligence direct from the Vanderbilt, though she is reported as
having been seen by one vessel off Cape l’Aguthas on the 22d
instant, and by another off Danger Point on the 23d. The latter
reported her to be going eastward.
On the 20th instant I sent despatches for the Vanderbilt, in charge
of American seamen going eastward in vessels, to be delivered if
spoken; and if not, to be handed to my consular agent at Algoa bay,
or the consul at Mauritius. The bearers were men I could trust, and
the despatches contained the information that the Alabama was here.
The despatches were probably not delivered in time, or the
Vanderbilt would have been here before the Alabama sailed. The
latter vessel, I believe, has now gone to the coast of Brazil
direct.
Fourteen seamen taken prisoners from American ships by the Alabama at
different dates, and who subsequently joined her crew to get out of
irons, made their escape from her while here, (the last time,) and
are now under my protection. Many others also escaped from her at
the same time, but as they were British subjects who joined her
originally, I would have nothing to do with their support.
I encouraged them, however, to desert and secrete themselves till her
departure, [Page XXXVI] and then to
claim support from the British authorities here. In furtherance of
my object to cripple her for want of men, I visited the governor on
the 22d instant, and asked him by what authority the police could
arrest deserters from the Alabama in this colony. And he answered,
“None whatever.” He added, that the seamen must not resist any
attempt of the police to take them before a magistrate, (in which
case I could appear in court,) but they would have the right to
resist an attempt to place them in custody of officers of the
Alabama.
I immediately informed the men of the decision, and wrote to the
captains of the city and water police, informing them that I should
hold them responsible in the court for false imprisonment and
kidnapping if they attempted to make such arrests. This had the
desired effect, as no arrests were made, and the Alabama sailed with
about twenty-five men short of her complement. ,
At the above interview with the governor he stated that I had been
misinformed as to the evidence taken in relation to purchase of
prize cargoes, for none had been taken before a magistrate, as I had
assumed.
I then stated to him the substance of the information I had received,
and handed him the names of the six witnesses whose depositions I
desired should now be taken under his authority. He declined,
however, to give his authority for the examination, alleging that
the purchase of prize cargoes was not distinctly forbidden in the
Queen’s proclamation. I endeavored to show, in reply, that as the
proclamation forbade the entry of captured vessels into British
ports, it was intended that British subjects should have nothing to
do with them; but this argument failing to persuade him to authorize
the examination, the interview ended.
Please send a copy of this despatch to Washington, as the immediate departure of the French steamer
Tigre for Suez leaves me no time to make a duplicate copy. Enclosed
please find list of consular appointments published at my request in
the government gazette of yesterday.
I have the honor to be, sir, your obedient servant,
WALTER GRAHAM, United States Consul for
the Cape of Good Hope.
Hon. Charles F. Adams,
Envoy Extraordinary, &c., &c.,
London.
Government notice, No. 295, 1863.
Colonial Office,
Cape of Good Hope,
September 23, 1863.
It is hereby notified that his excellency the governor has been
pleased to recognize the following consular appointments made by the
consul general for the United States of America:
To be deputy consul at Cape Town.—John Philip
Christie, esq.
To be consular agents.—At Port Elizabeth,
Joseph C. Hess, esq.; at Simon’s Town, John M. Hoets, esq.; at
Mossel bay, Edward Eagar, esq.; at Port Natal, George C. Cato,
esq.
By command of his excellency the governor.
RAWSON W. RAWSON, Colonial
Secretary.
