No. 8.

Mr. Mason to Earl Russell.—(Received July 16.)

My Lord: I had the honor, with my letter of the 10th July instant, to transmit to your lordship the protest of the master and crew of the confederate steamship Margaret and Jessie, and at the same time to inform your lordship that further testimony was expected in regard to the affair referred to in the protest, which, when received, should in like manner be transmitted to your lordship.

I have now the honor to enclose herewith twelve affidavits made by passengers on board the confederate steamer, and by residents of the island of Eleuthera, in everything confirming the declarations made in the protest. They have just been received from the commercial agent of the Confederate States at Nassau, who informs me that copies of the same documents were transmitted by the same opportunity (the mail-steamer La Plata, just arrived) to the Duke of Newcastle, sent, as I am informed, by the authorities at Nassau.

I have, &c.,

J. M. MASON.
[Enclosure 1 in No. 8.]

Declaration of Theodore Cavillier.

Bahama Islands, Eleuthera:

Be it remembered that on this 4th day of June, in the year of our Lord 1863, personally came and appeared before me, Ormond Drimmie Malcolm, notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, one of the said Bahama islands, Theodore Cavillier, of James’s Point, in the island of Eleuthera, one of the said Bahama islands, planter, who of his own free will and accord did solemnly declare (such declaration being made in pursuance of the laws of the Bahama islands made for substituting a declaration in lieu of an oath in certain cases) in manner following, that is to say:

I live at a settlement called James’s Point, on the island of Eleuthera, one of the Bahama islands. On Saturday, the 30th day of May last, I was out in a boat fishing on the southern side of the settlement. The settlement is bounded on the north and south by the sea, and the distance across—that is, from the north to the south—is about two miles. While I was fishing I heard the reports of several guns; I immediately went on shore on the southern side of the settlement, proceeded to a hill nearly over to the northern side, and climbed up a tree, in order that I might see the vessel from which I supposed the guns were being fired. On looking out to the sea I saw two steamers; one of them, having paddle-boxes, was steering down outside of a reef, which is about three or four hundred yards from the shore, and the other, without paddle-boxes, also steaming down outside of the reef, about five or six hundred yards from the first steamer. The steamer furthest out was firing at the inner one; I could see the smoke come from her side, and hear the report of the guns as they went off. She would fire first from one side a broadside, and then turn and fire from the other side. I could see the shot from these guns fall on the land about three hundred yards from where I was up the tree. I was about half a mile from the settlement. On seeing the shot fall so near, I jumped from the tree, ran to the southern shore and got into my boat to come home. While I was coming down [Page 788] to my house in the boat, I heard a gun go off in the direction of the two steamers and a cannon-ball passed over my head and fell in the sea about thirty yards from the boat in which I was. I fell down in the boat from the shock. On Saturday evening, after I came home, I went over to the northern side of the settlement, on the beach. I saw a steamer on shore on the reef, and one lying, to about five or six hundred yards from the one on the reef. They were the same steamers that I had seen running down outside in the morning, when I was up the tree. I did not stay long on the beach, but soon returned home. One steamer that was lying-to had an American flag flying. I do not know when she left.

THEODORE CAVILLIER, his + mark.

Declared to before me, this 4th day of June, A. D. 1863.

ORMOND D. MALCOLM, Notary Public.