Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part I
Mr. Elliot to Mr. Hammond.—(Received January 30.)
Sir: I have laid before the Duke of Newcastle your letter of the 21st instant, relative, to the capture at Angra Pequena, on the coast of Africa, of the British vessel Saxon, by the United States steamer Vanderbilt, and I am directed by [Page 273] his grace to transmit to you, for the information of Earl Russell, a copy of a despatch from the governor of the Cape of Good Hope, containing the particulars which you state in your letter are required by the law officers of the Crown.
The Duke of Newcastle never heard until this time of the act by which Sir George Grey assumed to annex various small islands off the same part of the coast of Africa as the island of Ichaboe, and, so far as at present advised, his grace is not disposed to confirm the measure. As far as can be judged from the best map in this office, the islands by no means answer to Sir George Grey’s description of “a cluster of small islands or rocks adjacent to” Ichaboe, but are situated at various distances from that island, one of them being at least fifty miles off.
I am, &c.,
Sir P. Wodehouse to the Duke of Newcastle.
My Lord Duke: By my despatch of the 20th ultimo I reported to your grace that news had been received here of certain acts said to have been done by the United States war steamer Vanderbilt, on the coast to the northward of this colony, of which, at the time, I was unable to furnish any particulars; but I believe I am now in a position to transmit such information as will enable her Majesty’s government to determine what course it will be expedient for them to pursue.
It will be seen that the Vanderbilt, on her arrival at Angra Pequena, a small bay on the west coast of Africa, beyond the limits of this colony, found lying at anchor a vessel named the Saxon, the property of a mercantile firm in Cape Town, of which she immediately took possession, on the plea that she was laden with the cargo of the Tuscaloosa, a federal merchant ship which had been taken by the Alabama and converted into a privateer. That the Vanderbilt then proceeded to take possession of a quantity of coals belonging to the owners of the Saxon, which had been deposited on Penguin island, a small island in the bay of Angra Pequena; that she has sent the Saxon, with her cargo, in charge of a prize crew for the adjudication of a court of competent jurisdiction in the United States; and that before the departure of the Saxon her chief officer was shot by one of the officers of the Vanderbilt.
There are, therefore, three separate transactions on which it becomes necessary for me to furnish information, viz: the seizure of the ship, the appropriation of the coals, and the death of the mate.
An impression generally prevailed there that Penguin island, near which the Saxon was anchored, was British territory, and that, consequently, the seizure of that vessel in such a locality was a direct infringement of British rights. But upon inquiry I have discovered that such is not the case. On the 13th April, 1861, your grace communicated to my predecessor that her Majesty’s government had decided on the annexation to the Cape colony of the island of Ichaboe, which was duly carried out. Subsequently, some merchants of this town, interested in the guano trade, brought under the notice of Sir George Grey the case of certain small islands adjacent to Ichaboe; and the result was that, on the 12th August, 1861, he published a proclamation for bringing under the dominion of her Majesty Penguin island, and ten others, “subject to her Majesty’s gracious confirmation and disallowance.” Immediately after this had been done, [Page 274] Sir George Grey sailed for New Zealand; and there is no record of the proclamation having been reported to your grace, or of the annexation having been confirmed by her Majesty. Upon the score of territorial rights, therefore, as arising out of the vicinity of this island, I conceive no objection can be taken to the acts of the Vanderbilt. In other respects the capture of the Saxon may fairly be left to the adjudication of a court of law. One of the owners of the ship has admitted to me without reserve that the cargo on board at the time of the seizure was a part of that landed from the Tuscaloosa, and was intended to be conveyed to a market as the property of, and on account of, Captain Semmes, of the Alabama.
The same gentleman informed me he had been in communication with the United States consul respecting the appropriation of the coals; and he had little doubt that officer would obtain authority of his government to pay for them. The consul has since expressed himself to the same effect to me.
The death of the mate of the Saxon involves considerations of a far more serious nature. The depositions taken by the acting attorney general go to show that when the crew of the Saxon were entirely without arms, and apparently without either the means or the wish to offer any resistance to their captors, this unfortunate man was, on little or no provocation, shot dead by one of the officers in command. Whether the act was the result of wanton ferocity, or whether it was perpetrated under the influence of unfounded apprehension, it seems hard to say. But it is very satisfactory to find, from the evidence of the master of the Saxon, that the captain of the Vanderbilt was much displeased at what had occurred, and had at once placed the officer under arrest. I cannot but hope that under such circumstances the government of the United States will be prepared cheerfully to grant such reparation as her Majesty’s government may consider the case to require; and I beg to recommend to your grace’s most favorable consideration an application which has been made to me by Messrs. W. Sampson and Son, as the agents of the widow of the deceased James Gray.
I have, &c.,
[Enclosure 2 in No. 11.]
Proclamation.
Proclamation by his Excellency Sir George Grey, Knight Commander of the Most Honorable Order of the Bath, Governor and Commander-in-Chief of her Majesty’s colony of the Cape of Good Hope in South Africa, and of the territories and dependencies thereof, and vice-admiral of the same, and her Majesty’s high commissioner, &c., &c., &c.
Whereas the island of Ichaboe was, on the 21st day of June last past, taken possession of for and in the name of her Britannic Majesty Queen Victoria, and declared a dependency of the Cape of Good Hope: And whereas it is expedient that, subject to the pleasure of her Majesty in that behalf, her dominion shall also be declared over a cluster of small islands or rocks adjacent to the said island of Ichaboe: Now, therefore, I do hereby proclaim, declare, and make known, that the sovereignty and dominion of her said Britannic Majesty, Queen Victoria, shall be, and the same are hereby declared over the following islands or rocks adjacent to Ichaboe—that is to say, Hollamsbird, Mercury, Long island, Seal island, Penguin island, Halifax, Possession, Albatross rock, Pomona, Plumpudding and Roast Beef, or Sinclair’s island. This proclamation of her Majesty’s sovereignty and dominion to take effect forthwith, but to be subject to her Majesty’s gracious confirmation and disallowance. God save the Queen.
[Page 275]Given under the public seal of the settlement of the Cape of Good Hope, this 12th day of August, 1861.
By command of his excellency the governor:
RICHARD SOUTHEY, Acting Colonial Secretary.
No. 53, 1861.
Mr. Denyssen to Sir P. E. Wodehouse.
(Extract.)
I have the honor to submit for the consideration of his excellency the governor the following depositions, taken by the acting clerk of the peace, of certain proceedings near to and in Table bay, Saldanha bay, and Angra Pequena, and in which certain of the cruisers of the federal and confederate States of America, and other vessels, were concerned. The depositions are numbered 1 to 5.
The dates in these papers do not always correspond, nor are they given in certain cases with any accuracy, but they are unimportant, and may be collected from the proceedings with sufficient certainty for all purposes required.
Among the papers will be found an extract from the log of the schooner Atlas, Thomas Boyce, commander; but I must remark respecting it, that it does not contain that portion which refers to the assistance rendered to the Saxon on finding her in Angra Pequena, of which the particulars were entered, and of which I requested an extract; the omission, however, has been remedied by the evidence of Captain Boyce.
The inquiry respecting the shooting and death of Mr. Gray, of the Saxon, is fully gone into; the circumstances did not warrant such a proceeding, judging from the evidence taken, and which I have no reason to doubt. In this opinion Captain Baldwin evidently concurred, as he expressed his regret about it.
Deposition of G. Riley.
George Riley states: I am a fisherman. About three weeks ago I started on a fishing excursion down the coast to Saldanha bay, and while pursuing my avocation there on Monday last, the 17th August, I saw two barks enter the bay. One was the Sea Bride, heavily laden, and the other, the privateer Tuscaloosa, came in about sundown. I saw lots of people going off to them— farmers and country people. The Cock of the Walk came in there about sundown on Tuesday. Early next morning I looked out for the barks, but they were gone. I was astonished at this, because it was a dead calm through the night, and it continued so all day. The Cock of the Walk was still there. I could not have got out that night by sail I am sure. I might have pulled out.
On Thursday morning I left in company with the Cock of the Walk, and on leaving we met a large steamer entering the bay. It was a paddle-wheel steamer under British colors. I saw nothing of the Alabama; but about twenty days before I saw a vessel there, which I afterwards learnt was the Alabama, but she was not there on this occasion.
GEORGE RILEY.
Witness: W. H. Scott.
Before me,
Statements of James Roper, Augustus Knight, Louisa Johnson, Gabriel Antonia, William Henry Scott, Thomas Armson, and Joseph Wilson.
James Roper states: I was navigator on board the Kadée cargo boat, which was formerly called the Cock of the Walk, on her late trip to Saldanha bay. I was engaged for service by Mr. Sarey, the owner; we were to go there for a cargo of shells. We left the south wharf about ten o’clock on Saturday night. There were three men belonging to the boat besides myself. We ran off to the bark Ellesmere, where we took on board five men, and then proceeded on the voyage. Captains Clarke and Johnson were not on board the boat.
We came to an anchor outside the shipping, as there was no wind to take us out.
On Sunday morning we weighed anchor and tacked about all day, but could not get out.
When I awoke on Sunday morning, I saw Captain Johnson and another man, a short thick-set man. I don’t know if it was Captain Clarke, because I don’t know him. I heard they had been taken on board during the night. I saw the Lord of the Isles going out on Sunday. We had no communication with her, and we were not at any time within three miles of her. We anchored in Commandant bay, Rabben island, that night. On Monday morning we got under way—the wind was westerly, but light, and we proceeded. Monday night was calm, and we lay off Saldanha bay. Tuesday morning was calm; noon, light breeze from SW. About 4.30 p. m. we came to anchor in Hatjes bay, which is the northern arm of Saldanha bay. We saw there two barks at anchor, with sails set, about three-quarters of a mile from us. At dusk a boat came alongside us from one of the barks and took off the men we had taken on board. I don’t know what vessels they were; they had no colors flying, but I supposed they were privateers. Next morning, at daylight, when I turned out, they were both under way, and stood out to the SW. The wind was off the land easterly. We remained where we were all day; I was ashore, but saw no strangers there. On Thursday morning we weighed anchor to return to Cape Town; on coming out we met the Valorous going in, about a mile apart.
She did not speak to us.
We continued our passage, and arrived in Table bay about ten o’clock the same night, (Thursday.)
I did not see the Alabama, Georgia, or Florida, during the cruise, or any other vessel besides those I have mentioned. The people who came to take the men were dressed in plain clothes, and had no uniform, nor were they armed.
The men seemed quite willing when we took them from the Ellesmere.
JAMES ROPER.
Witness:
W. H. Scott.
Before me,
[Untitled]
Sir: I have the honor to report that I have boarded the bark Ellesmere according to your instructions, and found the following seamen on board: Richard Harper, mate; Wallace Damouth, laborer; Gabriel Antonia, seaman; John Trent, seaman.
The chief officer, when questioned where the remainder of the crew were, reported that they had deserted on Saturday night last, the 15th instant.
[Page 277]The following are the names of the seamen that are absent according to shipping book: Manuel Pereira, Andrew Gregory, Thomas Juellson, Daniel Johnson. I also beg to state that no information has been given at the Water Police Office, according to custom, and I have seen the master daily.
I have, &c.,
[Untitled]
Augustus Knight, sailor, states: Yesterday afternoon I met Gabriel Antonia, a seaman on board the Ellesmere, who told me, in course of conversation, that he had leave ashore from Saturday to Monday; that when he left on Saturday there were five seamen and the cook still on board, and that when he returned on Monday morning they were all gone; ho told me that the captain had informed him that he had put the men on board the Alabama; I know the three missing crew, one named Jackson, a shipmate with me in the Waldensian; he is an elderly man, and was cast ashore here at the wreck of the A. H. Stevens; Jim Grey, another, also on board the Waldensian since I left; and another, Jackson, formerly of the Wave Spirit.
Mark of AUGUSTUS + KNIGHT.
Witness:
J. W. H. Russourr.
Before me,
[Untitled]
Louisa Johnson states: My husband was a seaman on board the bark Ellesmere; he signed the articles of the ship at the shipping office on or about the 1st of this month at wages of £2 10s. per month, and went on board; I saw him last on Tuesday, the 11th. Yesterday a man named Augustus Knight came to me and informed me that a sailor from the vessel had told him my husband had gone away—left the ship at midnight and gone to sea. Yesterday afternoon I went to the captain to ask him about the truth of this story, when he told me not to fret about it, that my husband was gone to another ship, where he would have £5 a month, and he would get so rich that when he came back I might live like a lady; he afterwards told me my husband deserted, and that if I came back again he would give me a letter from my husband.
Mark of LOUISA + JOHNSON.
Witness:
J. H. H. Russourr.
Before me,
[Untitled]
Gabriel Antonia states: I am an ordinary seaman on board the Ellesmere, now lying in Table bay. My child died last week, and I obtained three days’ leave to come on shore. I returned on Monday morning, when I found that all the chaps had gone. I saw a countryman of mine here, named John Franks, and asked him what had become of the chaps. He replied that he did not know; but he afterwards told me they had gone to a ship on the leeward side—he thought it was the Alabama and that they were to have £4 a month. Before this I had seen the mate, and he said to one, “You have missed a fine chance, here the chaps have gone away and got £6 a month;” but John Franks said that only the cook was to have £6 a month. They did not tell me what [Page 278] ship they had engaged in, but they told me that the men had gone away in a boat, in the middle of the night, on Saturday. Their things have all been taken away from the ship. John Franks told me he thought they had gone to the Sea Bride, the Alabama’s prize, outside.
Mark of GABRIEL + ANTONIA.
Witness:
W. H. Scott.
Before me,
[Untitled]
William Henry Scott, Boat Office, Water Police, states: At three o’clock in the afternoon of yesterday, (Tuesday, August 18,) I received a list of the names of the seamen who had shipped on board the bark Ellesmere, from the shipping master, with instructions to proceed on board to ascertain the number and names of seamen then on board, which I ascertained to be as follows: Richard Harper, mate; Gabriel Antonia, seaman; John Franks, seaman; Wallace Bamouth, laborer. The latter, who I found to be one of the late crew of the Sea Bride, had only been engaged the previous day. I then questioned the mate as to the whereabouts of the remainder of the crew, who replied that they had deserted on Saturday night. Their names, viz: Manuel Pereiro, Henry Gregory, Thomas Grianes, Lewis Jackson, Daniel Johnson. I have searched the vessel to-day, and find that all these men’s effects have been removed. I had never received notice, as is usual, of any of these men having deserted.
W. H. SCOTT.
Witness: J. A. B. Flack.
Before me,
[Untitled]
My Dear Button: Thomas Armson, the master of the Ellesmere, will hand this to you; he has told me the truth to the fact that they were persuaded to go in a shore boat to Saldanha bay, and there join the Sea Bride. The act of the master is an illegal one, and comes under the spirit of the 207th section M. S. act 54, par. (4,) which see. What is to become of these men? The contract cannot be severed without the sanction of the shipping-master.
I enclose you a letter, put into my hands, from Baniel Johnson, one of the missing men, to his wife, whom I sent to you under charge of Scott, of the Water Police.
Yours faithfully,
[Untitled]
My Dear Wife: I taking a pleasure of writing this few lines to you for to let you know that I am going away, but I do not know; but I am going away on board a ship that I do not know, but I will let you know the first port where we shall run in. My dear wife be happy that I will come back again to Cape Town, but mind your lines, and my friend James, he sign the same, so we send our best compliments to everybody in Cape Town.
[Page 279]Thomas Armson, master of the bark Ellesmere, states: The bark Ellesmere, which I command, is the property of Mrs. Alfred Marcus. I say so because she is registered in her name. On Monday, the 3d August, I shipped a crew before the shipping-master at the Sailors’ Home, consisting of six able-bodied seamen and cook, which last also performs the duties of steward; I had a mate already on board.
On Saturday morning last Captain Elmstone, of the firm of Rubent, Granger & Co., asked me if I would allow my crew to go off to take charge of the confederate prize Sea Bride, if they could be induced to go, and I acquiesced.
I went aft and asked the men if they would go. I told them they would be required to go off that night; that they should have £4, a month’s wages, (I engaged them at £2 10s. only,) and if they were not satisfied when on board they should be discharged at the first port the vessel might call at and forwarded to the Cape. They agreed to the terms and seemed quite satisfied to go. They left the ship about midnight on Saturday, the 15th. They were five in number, viz: Manuel Periero, cook; Thomas Grianes, seaman; Louis Jackson, ditto; Daniel Johnson, ditto; Andrew Gregory, ditto. They took all their effects with them.
(Further evidence of this witness stayed by order of the attorney general.)
[Untitled]
Joseph Wilson, cockswain of the cargo boat Cock of the Walk, states:
On Saturday last, the 15th August, Mr. Sarey, by whom I am employed, told me he wanted me to go that evening to the bark Ellesmere, and thence to Saldanha bay. About seven or eight o’clock that evening we cast off from the wharf and went alongside the Ellesmere and took four men from her. They were all black men; I think they were West Indians. We took a bag of bread and the men’s effects also. She then moved out, but afterwards brought up under the island on this side. We had also another person on board; he belongs to the volunteer artillery, and I think his name is Clarke; he is a short thick-set man; also Mr. Johnson, late captain of the Albatross.
On Sunday morning we again got under way, and tacked about all day without being able to get out, and came that night under the island. I saw the Lord of the Isles going out on Sunday. We were close to her, but I can positively assert that we held no communication with her. On Monday morning a SW. wind sprung up, and although not a favorable breeze, we got out with it, and continued our course towards Saldanha bay. We had very heavy weather. I have been a boatman here for about twelve years, but I have never seen such a heavy swell as we experienced on our way down. We arrived off the bay about four o’clock in the afternoon of Tuesday. We went into the bay. The Sea Bride was there, just at the mouth of the bay, but the swell afterwards took her, and the prize-master (an officer of the Alabama) then boarded us and took off Mr. Clarke, Mr. Johnson, and the four men from the Ellesmere. There may have been five men from the Ellesmere; I did not take particular notice of it, and they kept themselves very scarce on board the boat. The Alabama was not there, nor did I see her anywhere during the cruise. I saw a bark standing off and on outside, but I cannot say whether it was the Tuscaloosa. I saw no other vessel besides these and a couple of cutters coming down the coast, with the exception of the English man-of-war, which we met entering the bay just as we were coming out. This was about half-past ten o’clock yesterday (Thursday) morning. We passed her close to, but she did not hail us in any way.
[Page 280]I was on shore at Saldanha bay on Wednesday for about ten minutes, and again yesterday morning for a short time, but I did not see any strangers there.
The vessel I call the English man-of-war had two funnels painted yellow and was bark-rigged, and seemed to be coming from the Cape. When the men went on board the Sea Bride that vessel held on until the next morning, when she put out to sea and stood to the westward until we lost sight of her.
The Sea Bride was between two and two and a half miles from the Heads when the men were taken on board. When I say the swell took her into the bay, I mean that it fell calm, and that she steered for the passage to avoid going on the rocks.
JOSEPH WILSON.
Before me,
Deposition of Captain Boyce, of the schooner Atlas.
I left Table bay on the 13th August, with a crew consisting of nine men, including myself, all the men of the former and previous voyages. Arrived at Pomona island on the 20th same month, where we anchored. Left the vessel on the 22d in a whale-boat to Halifax, leaving the vessel in charge of the first mate, Matley. Joined the vessel again at Angra Pequena on the 27th August. At Pomona, or rather on the main land, left certain articles for the use of Captain Sinclair and his party, working a copper mine. There was nothing taken on board before joining the vessel at Angra Pequena. From the last-mentioned place I took the vessel to Halifax, where I loaded a cargo of guano. At Angra Pequena there was no other European than Captain Bruce, who is a trader in the interior. I took a wooden house down to Angra Pequena for Bruce, but had no time to put it up, and when I left it was still lying on the beach. At Halifax I took in a cargo of guano for the first vessel to be chartered to carry guano away from the island, large vessels not being able to get near Halifax, this mode of loading being adopted by means of small boats. The Earl of Mar and Kelly arrived at Angra Pequena on the 12th September, when we put on board the guano I had in the Atlas, and then proceeded with her to Ichaboe and finally filled the vessel, the Earl of Mar and Kelly, at the island of Mercury, on the 22d October. She then proceeded on her voyage to Leith, and I made the best of my way back, calling at the different islands, and at Angra Pequena, which last-mentioned place Bruce had left, and found no other European on the main land. On my way back, on the 29th October, (having left Pomona on the 28th,) I was boarded by the Vanderbilt, United States steamer. Besides my own crew I had then on board Mr. Goodman and six others, five being miners, and the other the man in charge of the Ichaboe island. The miners are all discharged, and the other returns with me to Ichaboe, An officer of the steamer came on board. He called me by name, as Captain Boyce, and demanded my papers. I gave them up, and he thoroughly examined them. He then asked me what I had done with the cargo, according to the manifest and store list, from the custom-house, Cape Town. I told him that the cargo had been delivered to the parties to whom the same was consigned. He then left the cabin and went down the hold; I accompanied him. He looked about, came on deck, and demanded my log-book, which I produced, and which was examined by him. He then asked me about the vessels on the [Page 281] coast, about the Isabel and Alehtia—the latter taking in a cargo of guano at Ichaboe, by means of the Isabel—and he then left the vessel. Before doing so, however, he asked about some coals at Penguin island, one of the islands in Angra Pequena, when I told him that I had seen some coals. During all the time the officer was on board, I never lost sight of him, to the best of my belief; at all events, I am certain that no other party could have spoken to him without my knowledge. I am quite certain that no person on board did or could have produced or read to him any other paper or document than produced by me, and which were the ship’s papers. While in the cabin a conversation may have taken place with the boat’s crew, of which I know nothing. I don’t think any of the boat’s crew came on board, but of that I am not certain, as it may have happened while I was below with the officer.
On my way back I found the bark Saxon at Angra Pequena, on the 27th October. I supplied her with one barrel of pork and one of beef, and also gave her three men, George Fuller Martin, and Daniel Hunter, and Oloff Larken, to assist in anything he might have to do. I am not aware what the Saxon was doing at Angra Pequena, nor do I know how long she had been there. I did not go on shore, and the first time I went on shore I did not see any stores or other goods excepting what I brought for Captain Bruce, either on the beach or at any other place near it.
None of my papers were taken away, nor did the officer sign the same, as is usual in such cases. Being ignorant how to act on such occasions, I did not protest against these proceedings, as I should have done.
THOMAS BOYCE.
Before me,
Extract from the log-book of the Atlas.
Halifax island. At 6 p. m. got under way for Possession, with a light breeze from the northward; fresh breeze from the northward during the night.
Wednesday, 28.
First part, strong breeze from the northward; at 1 a. m. came to an anchor at Possession; at daylight took on board 12 casks water and I keg peas for Pomona; at 7 a. m. got under way for Pomona; at 10 a. m. came to an anchor, started to land stores and water on the main, landed 10 casks water, 6 bags bread, 2 do. flour, 1 do. rice, 1 do. sugar, 1 case gin, 13 bags coals, 1 barrel flour, 1 cask cabin bread, 1 barrel pork, 1 do. molasses, 1 keg peas, 1 box candles, 1 stinkwood plank, 1 box raisins, 5 boxes tea; at 3 p. m. got under way for Cape, with a fresh breeze from the northward; at 5 p. m. sighted a bark to the NW., about 10 miles off; at 8 p. m. strong breeze from the northward; took off at Pomona Mr. Goodman and 5 navvies; strong breeze, with rain, throughout the night.
Thursday, 29.
Strong breeze from the northward, with rain. At 7 a. m. took in the square sail, set the fore-stay sail; at 8 a. m. sail to the eastward hoisted signals for us to heave to; at 9 a. m. hove to till the sail came up, and was boarded by an officer from the United States steamer Vanderbilt; light breeze throughout the latter part of the day. Lat., by account, 29.28, long. 16.15 E. at 4 p. m.
[Page 282]Friday, 30.
Weather fine throughout the day; lat., at noon, 30.20 S., long. 16.10. At 4 p. m. sighted the land; at 6 p. m. put about ship, stood out.
Saturday, 31.
Weather fine throughout the day; lat., at noon, 30.50 S., long, 16.19 E; land in sight. At 9 p. m. put about ship, stood off.
Sunday, November 1.
Fresh breeze throughout the day. At noon, the lat., by obs., 31.42 S., long., by chro., 16.08 E. Tacked ship occasionally.
Monday, 2.
Strong breeze from the southward throughout the night. Lat., at noon, 32.50 S.; long. 16.3. Weather fine throughout the day; at 4 p. m. put about ship, Table bay bearing SE. by S., distance 150 miles. At 4 p. m. the long., by chronometer, 15.49 E., lat. 32.54 S. At 4 p. m. put about ship; fresh breeze throughout the night.
Tuesday, 3.
Weather fine throughout the day; at daylight sent the bonnet of the jib for repairs; at noon sent it out again. Lat., at 4.30 p. m., 33.23 S.; long., by chronometer, 17.54 E.
Wednesday, 4.
Weather fine, with a light breeze from the northward; at 5 a. m. made the land out, Table mountain bearing SE. At 11 a. m. came to an anchor in Table bay.
Deposition of James Adams.
James Adams, formerly a sailor on board the Alabama, states:
I left the Alabama, ran away at Angra Pequena, and came up in the Flower of Yarrow. The Alabama, Tuscaloosa, and Sea Bride were there at the time. The Tuscaloosa landed her cargo of wool and green hides there. The Sea Bride transhipped part of her cargo to the Isabel, belonging to Granger. The Isabel’s boats conveyed the cargo from the Sea Bride to her. There was another vessel there, the Earl of Mar and Kelly, bound to Aberdeen, and she took off a lot of cargo from the Tuscaloosa. The Atlas was there at the time. I am sure the Atlas was there, and Tom Boyes was her commander, and it was he and his crew who landed the Tuscaloosa’s cargo, and I assisted him in doing so. The remainder of the cargo of the Tuscaloosa was at Angra Pequena, on the mainland, when I left in the Flower of Yarrow for Cape Town. While the Sea Bride was there they cut her royal mast short, and altered her in other ways and disguised her, and then called her the Helen, of Hamburg. The Flower of Yarrow took in a part of the Sea Bride’s cargo, namely, some hops and tobacco, and she (the Sea Bride) left some time before we did—I was told for Mauritius. Boyes took out the coals, about two hundred and fifty tons, from the Earl of Mar and Kelly, and landed them on Penguin island, and he left for Ichaboe before I left for Cape Town.
[Page 283]There was a brig there also, while I was there, also bound to Aberdeen; she was loaded up at Ichaboe, and I assisted to load her. Her cargo was guano and nothing else. The Saxon was not there while I remained. The Sea Bride did not take any guano. I was working on board the Isabel for about a fort-night, and I went from Angra to Ichaboe with her and then joined the Flower of Yarrow at Ichaboe, and we took the portion of the Sea Bride’s cargo we had on board from the Isabel at that place. I understood that Bruce was to get part of the Sea Bride’s cargo for his assistance. Bruce goes up country trading. The Earl of Mar and Kelly also took in some guano on top of the wool— she filled up with guano. When we left the Atlas people were still loading her.
I reported what I have now stated to the American consul before the arrival of the Atlas in Table bay. The Vanderbilt had also left before the Atlas arrived.
I was formerly a seaman on board the Conrad, now the Tuscaloosa. The Sea Bride was at Angra about ten days, and the Tuscaloosa rather more than a fortnight. I saw Captain Elmstone on board the Tuscaloosa; he used to come on board there from the Sea Bride to dine with the captain. Captain Low, an officer of the Alabama, was in command of the Tuscaloosa, and left with her before I did.
Mark of JAMES + ADAMS.
Before me,
Messrs. Sampson & Son to Mr. Rawson.
Sir: As the duly qualified agents of Mrs. Mary Jane Gray, widow of Mr. James Gray, late a mate on board the bark Saxon, of this port, who was murdered on board the said vessel on the 30th day of October last, by an officer of the United States war steamer Vanderbilt, we beg to bring to the notice of his excellency the governor the circumstances connected with the murder of the deceased, and other particulars bearing on the case, and have to request that his excellency may be pleased to forward this statement to the right honorable the secretary of state, with a request that, if in accordance with international law and the rights of neutral powers, his grace may demand, on the part of the British government, compensation or recompense from the United States government for the loss sustained by the said Mrs. Mary Jane Gray, by the murder of her, husband by an officer in the naval service of the United States government as aforesaid.
We take the liberty of briefly stating the facts, which will be borne out by the documents hereafter referred to, and herewith enclosed:
Mr. James Gray signed articles in the month of August last, to proceed in the bark Saxon in the capacity of mate, on a voyage from Table bay to Ascension, thence to Rio, or any port or ports in the South Atlantic, as employment offers, for a term not exceeding six months; final port of discharge to be Table bay.
On the 2d day of September last the Saxon weighed anchor in Table bay, and proceeded on her voyage, taking a cargo of cattle for Ascension, where she arrived on the 17th day of September last, and after delivery of her cargo there [Page 284] sailed in ballast for Angra Pequena, the master having received orders from his owners to proceed thither. The Saxon arrived at Angra Pequena on the 16th day of October last, and, after lying there eleven days, the master received orders from his owners to take on board the Saxon certain cargo lying on the beach at Angra Pequena, consisting of skins and wool. This being done, the Saxon was ready for sea on the 30th day of October last, and bound to Falmouth for orders. While preparing for sea, the master of the Saxon observed a steamer anchored abreast of Penguin island. This subsequently proved to be the United States war steamer Vanderbilt. The Saxon was at this time lying about a mile and a half from Penguin island, in British waters. At 1.30 p. m., on the same day an armed boat’s crew from the United States steamer Vanderbilt boarded the bark Saxon, asked for the ship’s papers, received them, and took them on board the steamer Vanderbilt. Subsequently other boats were sent from the steamer Vanderbilt to the Saxon, and placing armed men on the deck of the Saxon, the officer commanding the boarding party drove the crew of the Saxon down below, and formally took the Saxon a prize to the United States war steamer Vanderbilt.
From the evidence of these transactions, as detailed by the master and three of the crew of the bark Saxon, before a court of inquiry, held before the resident magistrate of Cape Town, by order of his excellency, it will appear that, while the men of the steamer Vanderbilt were on board the Saxon, the mate of the Saxon, James Gray, was at one time standing on the ladder, an officer of the United States war steamer Vanderbilt, a Mr. Donaghan, being immediately above him, on the poop; and on the deck, a few feet below, about a dozen of the Vanderbilt’s men were stationed. The officer, Mr. Donaghan, appears to have called out to the mate of the Saxon, James Gray, to go down from the ladder, and, on his not appearing to obey, repeated the order, at the same time pushing Gray on the right shoulder with his left hand. Gray, trying to recover himself, turned half round and looked at the officer, as if to inquire what he had done, whereupon the American officer, Mr. Donaghan, drew his revolver and shot Gray dead.
The evidence in support of the murder, herewith accompanying, will, we conceive, be deemed conclusive. No opposition or resistance of any kind appears to have been made by the deceased mate, Mr. Gray, to warrant this act on the part of Mr. Donaghan. It can, we respectfully submit, be considered in no other light but as a deliberate, cold-blooded murder, and we entertain the hope that her Majesty’s government, with that high regard for right and justice which has always characterized the relations of England with foreign nations, will, in its wisdom, enforce upon the United States government the necessity of making provision for the widow of James Gray aforesaid, left, as she is, perfectly destitute, with four young children, in consequence of the murderous act of the aforesaid Mr. Donaghan, an officer of the United States navy.
With regard to the deceased, we beg to state that he was born on the 28th day of May, 1829, at Aberdeen, the son of Alexander Gray, of the firm of Messrs. Watkins & Gray, of Aberdeen, rope-makers. He was a passed master, on the 22d day of February, 1853, and held a certificate as such, He commanded the brig Wanderer, on this coast, for eighteen months, in the years 1855 and 1856, and was employed in the Cape trade for the last eight years. He married Mary Jane Crampton, daughter of Thomas Crampton, of the county of Kildare, Ireland, on the 28th day of July, 1856, by whom he had four children, all of whom survive, their ages being six and a quarter, four and a half, two and a half years, and one month, respectively.
In proof of the matters aforesaid, we beg to forward the following documents herewith annexed, viz:
A. General power of attorney from Mrs. Mary Jane Gray, authorizing us to act on her behalf.
[Page 285]B. Certificate from the registrar of shipping at Gape Town, showing the bark Saxon to be registered at this port.
C. Certificate of the shipping-master at Cape Town, showing the nature of the voyage; and articles of agreement, signed by the crew of the bark Saxon when the vessel left this port, in September last.
D. Certificate from the clerk of the peace, at Cape Town, of evidence taken before the resident magistrate at Cape Town, touching the murder of the mate of the Saxon, the aforesaid James Gray.
E. Notarial certificate and copy of the master’s certificate, held by the de ceased, James Gray.
F. Notarial copy of certificate of James Murison, owner of the schooner Wanderer, of the said James Gray having commanded the said vessel in the years 1855 and 1856.
G. Certificate of marriage from the Reverend George Morgan, Presbyterian minister at Cape Town, of the marriage of James Gray with Mary Jane Crampton.
H. Notarial certificate of affidavit made by Mary Jane Gray, widow of James Gray, before William Sampson, justice of the peace for Cape Town, that the four children of the said James Gray being alive at this date.
We beg to apologize for not having forwarded this application earlier, but were prevented doing so by the difficulty in getting the documents from the various offices.
We have, &c.,
[Enclosure 9 in No. 11.]
General power of attorney.
Know all men whom it may concern, that I, the undersigned, Mary Jane Gray, widow of the late James Gray, of Cape Town, do hereby ordain, nominate and appoint William Patrick Sampson and William Byron Sampson, trading under the style or firm of W. Sampson & Son, to be my true and lawful attorneys and agents, with full power and authority, for me and in my name, and for my account and benefit, to ask, demand, sue for, and recover, of and from all person or persons whomsoever, all such sum or sums of money which now are, or shall or may, at any time hereafter, become due, owing, payable, or belonging to me, upon and by virtue of any notes, bonds, bills, book-debts, deeds, or other securities whatsoever; also, for me and in my name, to settle and adjust accounts, as they shall think fit and proper, and, if necessary, to compound for the same and accept a part of the whole; also, to submit any matters in dispute to arbitration, and to sign, seal, and deliver the necessary acts for that purpose; also, to let or hire out houses, to collect and receive rents, and grant receipts for the same, and, in default of pavement or delivery, to use and take all lawful ways and means for the recovery thereof, by attachment, ejectment, or otherwise; also, if necessary, for me and in my name, to commence, prosecute, or defend any action or actions, suit or suits, at law or in equity, in any of the courts of this settlement, and the same at pleasure to relinquish; also, to draw, accept, or indorse bills of exchange, or promissory notes, in satisfaction or on account of any debt or claim due or payable to or by me; and further, to buy and sell immovable or landed property; to make, sign, give, and receive, in due and customary form, all acts or deeds of transfer of such landed property; also, to appear at the office of the collector of tithes and transfer dues, and then and there, in my stead, to take and subscribe the necessary oath as to the truth of the purchase amount; further, for [Page 286] me and on my behalf, to take or give money on mortgage of immovable property, and to appear before the registrar of deeds, and make, pass, give, or receive all such mortgage bonds, or other securities, as may be requisite or necessary, under obligation of my person and property of every description; and also, in my name, to enter into securities of what nature or kind soever; and, generally, for me and in my name, to choose domicilium citandi et executandi; to manage and transact all my affairs in this colony, and perform all such acts, matters, and things; to make, sign, seal, and deliver all such deeds or instruments as may be necessary or most for my advantage, and use all lawful means or ways thereto, as fully and effectually, to all intents and purposes, as I might or could do if personally present and acting herein; hereby granting to my said attorneys and agents full power and authority to substitute or appoint one or more attorney or attorneys under them, and the same at pleasure to displace or remove, and appoint another or others; hereby ratifying, allowing and confirming, and promising at all times to ratify, allow, and confirm, all and whatsoever my said attorneys, their substitute or substitutes, shall lawfully do, or cause to be done, in or about the premises, by virtue of these presents.
In witness whereof, I have hereunto set my hand and seal, at Cape Town, this 26th day of November, in the year of our Lord 1863.
As witnesses:
H. G. Glynn.
J. Crampton.
[Enclosure 10 in No. 11.]
Register.
I, the undersigned registrar of the port of Cape Town, hereby certify that the Saxon (215–69 tons)—official number, 37,024—port number, 1—was on the 9th day of February, 1863, duly registered at this port, in the name of William James Anderson.
Given under my hand, at Cape Town, Cape of Good Hope, this 15th day of December, 1863.
[Enclosure 11 in No. 11.]
Articles of agreement.
I certify that the terms of the articles of agreement, signed by the crew of the British bark Saxon, of Cape Town, 215 tons, commanded by Stephen Shephard, run thus: from Table bay to Ascension, from thence to Rio, and for any port or ports in the south Atlantic as employment offers, for a term not exceeding six months, final port of discharge to be Table bay.
Deposition of Stephen Shephard, Horace Carrew, William Murray, and Richard Cable.
Appeared before John Montgomery Hill, esq., a resident magistrate.
Stephen Shephard, sworn, states: I was the master of the bark Saxon. She [Page 287] left Table bay on the 2d of September last with cattle for government, and bound to Ascension, where we arrived about the 17th of the same month. I proceeded by order from there to Angra Pequena. The orders were from the owners, Anderson, Saxon & Co. We arrived there on the 16th of October, in ballast. When there, we painted the ship, and after being there for eleven days, I received orders to ship certain cargo that was there, consisting of skins and wool. I took the cargo from the beach by my crew and some men. I received no men from the Atlas. On the morning of the 30th of October I completed loading, and was preparing for sea, and then observed a large steamer, which proved to be the Vanderbilt, American man-of-war steamer. She anchored abreast of Angra Pequena, (Penguin island.) I was lying about a mile and a half from Penguin island. Shortly after, the steamer sent an armed boat to my ship. The officers in charge were Beldon, the senior, and Donaghan, the junior, officers. It was about 1.30 p. m. when they boarded my ship. The first question asked was, “Where I was from?” And I presume they must have already seen the name on the stern. Afterwards; “How long I had been there?” And I told them. They then asked for my papers, and I asked “By what authority he wanted to see the papers?” The officer then told me “That Captain Baldwin had sent him to do so,” adding, “Captain, it is no use, I must see your papers.” He did not ask me what my cargo consisted of before he saw the papers, but after looking at them, he said, “Skins and wool, that will do.” The officer retained the papers and went to look down the hold, and asked me “If I knew where the cargo had come from?” I told him, “All I knew was that I had come here to take it in.” He told me “That he must take the papers to Captain Baldwin,” and then he left the vessel, leaving the junior officers in charge. He took the register articles, clearance from customs, and the bill of lading with him to the Vanderbilt. I then told the officer “That I was ready for sea, and would leave with or without papers, as I was bound to Falmouth for orders.” He said “You had better not try it, for that the steamer could go faster than I could.” The Saxon was 215 tons register, and registered at the Cape. On that he left the ship. About an hour afterwards another boat came from the Vanderbilt, with another armed crew in charge of Lieutenant Keith. This boat left at the same time as the other boat left my vessel. We were lying about two miles apart, and a strong breeze blowing at the time. They got on board and placed armed men on the deck; the crew first got up, and then the officer followed. On coming on board his crew drove my men below, and the officer did not state his business at the time he boarded until I asked him, when he asked me “Who I was?” And I told him “That I was the master,” and he told mo “That I was no more master of this vessel, and I will thank you to go below and give no more orders, and I will not allow you to talk to any of the ship’s company.” I told him “He ought to have come to me as a gentleman to tell me what his business was, instead of taking charge in the manner he did, and before his commander had seen my papers.” He ordered me below then; I made no reply and obeyed. About 4 o’clock I observed a boat, with the island men, coming to our ship to ask for some bread and meat. I told my chief officer, Mr. Gray, “That he might give them some, but should first inform the American officer in charge of our vessel,” which he did. At first he consented, but afterwards refused, but gave no reason for refusal. Mr. Gray came and told me of this refusal, and I told him “To heave them into the boat, and if he was prevented I could not help it.” Lieutenant Keith was standing by, and told me “I was giving too many orders, and if I did not go below he would soon put me where the dogs could not bark at me.” I was down below for about nine or ten minutes when I heard the report of a pistol. I had been in my cabin with a sentry at the door. On hearing the report I rushed on deck, and some one told me, in passing, “They had shot the mate.” I went to the main deck and found Mr. Gray lying dead. I raised him [Page 288] in my arms, but found life extinct. The ball entered at the back of the neck, and saw the pistol in Donaghan’s hands, and I was told “That he had shot Mr. Gray.” I asked the senior officer “Why he had shot my mate,” and he replied it was an accident.” I then asked the junior officer, and his reply was, “Poor fellow, I am sorry for him, but must obey orders.” They then took the body below. In the mean time the Vanderbilt had gone in chase of a vessel, and we were dropped down to where the Vanderbilt had been lying, nearly abreast of the island, about a cable’s length off the island, and between the island and the land. The Vanderbilt returned the next morning, when I was sent for by Captain Baldwin. On arriving on board he asked me “If I was Captain Shephard, of the bark Saxon?” I replied “Yes,” and he then said, “Captain I am sorry for you, but your papers are not satisfactory to me, and I must make a prize of your vessel and send her to New York, and we know that it is the Tuscaloosa’s cargo you have on board.” Captain Baldwin did not mention Mr. Gray’s death immediately, and he only alluded to it twice afterwards. Some time afterwards I told him “That I was sorry for the loss of the vesssel and the mate,” and the captain replied, in reference to the mate, “He was very sorry indeed that it had happened,” and he repeated the same remark the next day when I was leaving the ship for good. I asked the officer on board “Where Mr. Donaghan was,” and was told “He was under arrest, and that I could not see him.” The whole of the officers of the Vanderbilt seemed very much affected on hearing of the death of Mr. Gray, and seemed to regret it during the time I remained. When I left the Vanderbilt I was put on shore at Angra Pequena, where I found my crew, who had already been landed, with the exception of the second mate and cook, the former of whom volunteered to go in my place; and the cook, being an American, went voluntarily. They sent bread and water on shore for our use, and we were left without shelter. The crew of the Vanderbilt took the body of Mr. Gray below. The mate was buried on the 31st of October, and one of the Vanderbilt officers, together with myself, attended the funeral. None of the crew were allowed to do so, but the second mate got into the boat in the dark; we were landed on the 1st of November, and walked across the land to Halifax, a distance of about eleven miles, where we were afforded shelter until we left in the Isabella for Ichaboe, where we stayed for about — days, whence we proceeded in the same vessel to the Hottentot bay, where we were transferred to the Lord of the Isles. I took the cargo from the beach by orders of my owners.
Before me,
J. M. HILL, R. M.
[Untitled]
Horace Carrew, sworn, states: I am an able seaman, and was one of the crew of the bark Saxon. I left Table bay to go to Ascension, and from thence to Angra Pequena. We lay at Angra Pequena for about twelve days. I recollect the Vanderbilt boarding the Saxon and I think it was about the 30th or 31st of October last. A boat came to our vessel with an armed crew and two officers, the junior of whom was Mr. Donaghan, but I don’t know the name of the other. I afterwards saw the officer in charge of the boat come out of the cabin with some papers, which I presume to be the ship’s papers. He ordered the hatches to be opened, which was done. He then looked at the ship’s cargo, and asked our captain “Where the cargo came from?” Captain Shephard said “He knew nothing at all about it only that he had to come and take it in.” The officer said “Very well, I must take your papers, on board the Vanderbilt, and I leave this officer (pointing to Mr. Donaghan) in charge.” He turned to Mr. Donaghan, and said “You stay on board until I send a boat off.” Captain Shephard was standing next to him, and he further said, “Don’t allow the [Page 289] anchor to be weighed.” Captain Shephard said “My vessel is quite ready for sea, and I intend to go to sea immediately after dinner.” The officer said “You can’t, I have got your papers;” and Captain Shephard said “I will go, papers or none.” Our captain then told us to go to dinner, and the officer left for the Vanderbilt, leaving Mr. Donaghan in charge. We then went to dinner, and after dinner we were called on deck and went about our work, and another boat this time came from the Vanderbilt. The officer and men took charge of our vessel. We were then ordered by Captain Shephard not to interfere. Some short time after that, when I was behind the galley, I saw Mr. Donaghan standing on the brake of the poop. A little before this a boat had come from the shore with some fish. I heard Captain Shephard say to the officer in charge, “Will you give these men in the boat some grub?” He said “Yes,” and I then saw Captain Shephard come in a hurry to the place where the men were passing some meat in a boat. The Vanderbilt’s men were then stopping them, upon which Captain Shephard said “Throw it into the boat, and if they stop you I can’t help it.” At that time the American officer came forward and touched Captain Shephard upon the shoulder, and said “You go aft, you are giving too many orders, I will put you where the dogs won’t bark at you.” Captain Shephard then went away, and it was then I saw Mr. Donaghan standing on the brake of the poop with several of his own men near him. Mr. Gray was half-way up the ladder, when he was ordered down by Mr. Donaghan. I was distant about six or eight yards from them. Mr. Donaghan said “Go down.” Mr. Gray did not answer or do anything, when the officer repeated the order for him to go down, adding, “Or I will shoot you.” Mr. Gray at the time was facing him, when the officer pushed him on the shoulder with his left hand, and Mr. Gray stumbled and tried to recover himself, and as he turned his face towards the officer, he drew a revolver and shot him. Mr. Gray had nothing in his hands. Two of our men were close to him, and about a dozen of the Vanderbilt’s men also about the spot. After he was shot he fell backwards, and I and others went to pick him up. I did not see Captain Shephard at that time. The Vanderbilt men then drew their swords and pistols. Neither of the men of the Saxon was then armed. Mr. Donaghan said, “I am sorry for him, but I obey orders.” The men of the Vanderbilt then drove us forward. Some short time after this I and two others went aft and saw the captain and second mate holding Mr. Gray’s head. Mr. Donaghan then said, (pointing to the boat which came for fish,) “There is some humbug, as five men came off in her and seven are leaving.” The next morning I saw the body of Mr. Gray in the after hold, and the ball had entered behind the left ear. About dusk that night the body of Mr. Gray was taken on shore by the boat of the Vanderbilt. One of the Vanderbilt’s men said, “Donaghan is a good shot, but he is a great deal too fast.” About 8 o’clock p. m. we were told not to come on deck, and if we wished to do so, to hail sentries first, if we did not want to be shot. They kept us on board the whole of the day Mr. Gray was buried, and on the following morning we were sent on shore in the Vanderbilt’s boat.
[Untitled]
William Murray, sworn, states: I was an able seaman on board of the bark Saxon when she was seized by the Vanderbilt. I recollect the boat coming alongside with two officers, the junior of whom was Mr. Donaghan. I saw the officer go with the master in the cabin and return with the ship’s papers in his hand. He looked down the hatches and said, Wool and hides; that is enough;” and he left our vessel, leaving Mr. Donaghan in charge, with orders [Page 290] that the anchor should not be weighed. About an hour afterwards, another boat arrived from the Vanderbilt; there were two or three boats came on the second occasion with armed crews. The men and officers, after getting on board, ordered us forward. Shortly afterwards, a whale boat came from the shore for provisions; the captain referred them to the officer in charge, who at first consented, but afterwards declined allowing the men to have the provisions, some of the men saying “that the sons of bitches are removing the food in the vessel, and to stop them;” and afterwards, that they were pirates and Alabama people, and that we had better be shot at once. They appealed to the master again, and said it was hard to let them go without food for the night, and the master ordered it to be thrown into the boat, and if the officer prevented them, he could not help it. The officer in charge then came forward to the master and said, (after laying his hand on his shoulder,) “You are giving too many orders here, and you had better go below, or I will send you where the dogs can’t bark at you.” The captain then went below, and the mate was, at this time, standing with us at the gangway, and shortly after followed him into the cabin, but was intercepted by the officer (Mr. Donaghan) saying, “Go forward; you are all pirates.” The mate made no resistance at all, nor did he speak, and the officer then pushed him on the shoulder, saying, “Go down or I will shoot you,” pointing a revolver at him and shooting him at once dead. The mate lived for a few minutes after he was shot, but did not speak. I was standing within two yards of the deceased at the time, and saw what took place. The captain rushed from the cabin on hearing the report of the pistol, and seeing what had occurred, he called us aft, but were prevented by the men of the Vanderbilt; one or two of us, however, were afterwards allowed to go, of whom I was one; and I saw the same officer who had shot Mr. Gray, standing over him with his revolver cocked and pointed at him, and exclaiming, “There is an Alabama man;” and, referring to the boat leaving for the shore, he said, “Let us go ashore, and do for the bloody lot of them.” After this, leaning over Mr. Gray, I said to the officer Donaghan, “Life is gone;” when he replied, (pointing at my face his pistol,) “No, it is not.” He was very excited and insolent, but afterwards he said “He was sorry for Mr. Gray, but he should have obeyed orders.” We were driven below that night, and told “If we came upon deck that night without hailing the sentry, we should be shot.” On the Sunday morning we were put on shore, and were allowed to take nothing else but a little bread and water, besides our kit. The day after our vessel was seized, the Vanderbilt took from Penguin island some coal that was there on the shore.
Before me,
J. M. HILL, R. M.
[Untitled]
Richard Cable sworn, states: I am an able seaman, and was one of the crew of the Saxon. I signed articles at this port. I recollect the 30th of October last, when our vessel was seized by the Vanderbilt, and was present when the mate was shot. A boat from the island came off with fish, and they asked the captain if he could give them some provisions for the night, as they could not proceed to Halifax in consequence of the breeze then blowing. Whilst the provisions were being landed into the boat by the Vanderbilt men one of the men of her went up to the officer in charge of the ship and said “they were taking all the stores of the ship, and that they should be stopped.” The captain was standing by at the time, and the officer in charge at first consented, but afterwards changed his mind, and on again being applied to, Captain Shephard told them to put it into the boat, and if prevented, he could not help it. I was walking alongside the master at the time, when Lieutenant Keith came up to him, and, taking him by the shoulder, said, “My fine fellow, you are giving too many [Page 291] orders here, and if you don’t go below I will put you where the dogs can’t bark at you,” and the master went below, and a sentry was placed over him. Mr. Gray was standing at the main rigging by myself and two other men, and about ten minutes after the captain had gone below Mr. Gray wanted to follow him, when he was stopped by Donaghan and told to go down, and was pushed down by the right shoulder, when Mr. Gray’s foot caught in the steps of the ladder, and looked up as innocent as could be, not knowing what was the matter. Donaghan had his pistol already drawn, and without further remark he shot him down. I did not hear that Mr. Donaghan was desired to shoot Gray by the officer in charge of our vessel. Mr. Gray offered no resistance before he was shot. Deceased was liked by the whole ship’s company. Mr. Gray could not have given the officers any offence whatever, and he had dined with Donaghan at the master’s table the same day. We signed the articles for Ascension, and any other port in the South Atlantic ocean. I was not aware, nor were any other of the crew, to my knowledge, for what service we went to Angra Pequena, and we did not know what our cargo was to be until we saw it on shore at Angra Pequena. When Donaghan had shot Gray he gave orders to his men to draw swords, and our crew to go forward. I don’t know the reason for these orders, for they were all armed to the teeth, and double our number, while we had not a weapon among us, and showed no symptom of disaffection or resistance. Mr. Keith came on the poop, when Donaghan ordered us below, and one of the men came up to me in a cowardly and menancing manner and asked me whether we were going to take the ship back again; and I replied, throwing out my arms to show our helplessness, “Does it look like it?” Mr. Keith, when he saw Mr. Gray was shot, disapproved of it greatly, and said “he was very sorry for it, and did not know how soon it would be his turn.” There were more than a dozen men of the Vanderbilt close at hand when Mr. Gray was shot, and even if he had showed resistance there was no necessity of using violence. Gray was not a yard distant from Donaghan when he was shot.
RICHARD CABLE.
Before me
[Enclosure 13 In No. 11.]
Original register.
1856. Marriage solemnized at Cape Town, in the parish of ——, district of Cape Town. 1856.
| No. | When married. | Names and surnames. | Ages. | Condition. | Rank or profession. | Residence at the time of marriage. | After banns or license. | Consent, by whom given, or judge’s order. |
| 410. | July 28, 1856. | James Gray. Mary Jane Crampton. | Full age. Minor | Bachelor. Spinster | Mast’r mariner | Cape Town. Cape Town. | Aft.banns. | Jane Hopkins, (formerly Crampton,) mother. |
Married in the Scottish church, at Cape Town aforesaid, after banns, by me, George Morgan, minister of the Scottish church.
| This marriage was solemnized between us | { | James Gray. Mary Jane Crampton. |
} | In the presence of | { | Isaac Lenthall. Margaret Crampton. |
Examined with the original register, by me, and found to be correct.
[Enclosure 14 in No. 11.]
Affidavits.
Be it hereby made known that on this, the sixteenth day of December, one thousand eight hundred and sixty-three, before me, William Edward Moore, of Cape Town, Cape of Good Hope, notary public by the authority of government, duly sworn and admitted, personally appeared Mary Jane Gray, widow of the late James Gray, late chief mate of the vessel called the Saxon, and did then and there, in my presence, sign and attest the affidavit hereto annexed, marked A.
An act whereof being requested, I have granted these presents under my notarial form and seal of office, to serve and avail as occasion may require.
Thus done at Cape Town aforesaid, the day, month, and year afore-written.
(Quod Attestor.)
A.
Mary Jane Gray, widow of the late James Gray, late chief mate of the vessel called the Saxon, maketh oath and saith that there is issue of her marriage with the said James Gray, lawfully begotten, the following children, named Alexander Gray, aged six years; Helen Gray, aged four and one-half years; Thomas James Gray, aged two and one-half years; Matilda Jane Gray, aged one month and six days, still surviving.
Sworn, at Cape Town, the 16th day of December, 1863.
MARY JANE GRAY.
Before me,
[Untitled]
Be it hereby made known that I, William Edward Moore, of Cape Town, Cape of Good Hope, notary public, by the authority of government, duly sworn and admitted, have this day collated and compared with the originals the copies hereto annexed, numbered 1 and 2:
No. 1. Copy of certificate of competency of James Gray as master.
No. 2. Copy of certificate of service of said James Gray as master.
And I, the said notary, do certify and attest that the same are true and faithful copies of the said originals, and agree therewith in every respect. An act whereof being required, I have granted these presents under my notarial form, to serve and avail as occasion shall or may require.
Thus done and passed, at Cape Town aforesaid, this sixteenth day of December, in the year of our Lord one thousand eight hundred and sixty-three.
(Quod Attestor.)
Witnesses: A. T. Bridge, Clerk.
S. P. Ford, Clerk.
No. 1.
[l. s.] By the Lords of the Committee of Privy Council for Trade.
Certificate of competency as master.
To James Gray:
Whereas it has been reported to us that you have been found duly qualified to fulfil the duties of master in the merchant service, we do hereby, in pursuance of the mercantile marine act, 1850, grant you this certificate of competency.
Given under the seal of the Board of Trade, this twenty-second day of February, 1853.
By order of the board.
J. W. BUSHEY,
J. G. FANSHAWE, Officers of the Naval Department. Pro Secretary to the Naval Department.
Entered at the general register and record office of seamen on the twenty-third day of February, 1853.
EVERARD HORNE COLEMAN.
Endorsed: No. of certificate, 4702. Address of bearer, 77 West North street, Aberdeen. Date and place of birth, 1827, Aberdeen, Aberdeen. No. of register ticket, 198,777.
JAMES GRAY.
This certificate is given upon an ordinary examination passed at Aberdeen on the nineteenth day of February, 1853.
Any person who fraudulently forges or alters a certificate, or fraudulently makes use of any certificate to which he is not justly entitled, is liable either to be prosecuted for a misdemeanor, or to be summarily punished before a magistrate by a penalty of £10, or by imprisonment with hard labor for three months; and any person who refuses to deliver up a certificate which has been cancelled or suspended is liable to the same summary punishment.
Issued at the port of Aberdeen on the 25th day of February, 1853.
No. 2.
This is to certify that James Gray has been in command of my schooner Wanderer for eighteen months past, and has shown himself to be a fit and proper person to take charge of a vessel.