Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part II
Mr. Seward to Mr. Adams.
Sir: I enclose herewith a copy of the correspondence which has taken place between Mr. Allen, United States consul at Bermuda, and the authorities of those islands, relative to the capture of the steamer Roanoke by the insurgents. You are instructed to make known to her Britannic Majesty’s government the facts therein mentioned, and to protest against the proceedings at Bermuda in enlisting the men and discharging the accused parties; the protest to apply particularly to Braine, who was concerned in the affair of the Chesapeake, and whose delivery was refused.
I am, sir, your obedient servant,
Charles Francis Adams, Esq., &c., &c., &c.
Mr. Allen to Mr. Seward.
Sir: I have the honor to enclose herewith copies of all the correspondence between myself and the authorities of these islands in relation to the Roanoke affair, numbered from one to five, with copies of the enclosures they contained annexed. It will, I trust, be obvious from this correspondence that all I could do under the circumstances was done to bring these men to justice.
The real facts of the case, though no doubt known from the first to many in this town, were studiously concealed from me; and even after the arrest was made, no official intimation was conveyed to me of the nature of the charge on which they had been arrested, nor was I requested to attend the examination. I was thus left to get at the matter as best I could, and under many disadvantages. It is, however, equally obvious that had I been in full possession of all the facts, from the first, and been able to make my application at an earlier stage of the proceedings, or to make any other kind or form of application, the result must have been precisely the same, as the decision came to by the authorities here was based, not on any deficiency or error in the steps, taken by me, but simply on the isolated ground that the acts proved did not, in the opinion of the law officer of the crown, amount to enough to establish the charge made, and consequently could not come within the provisions of the treaty of August 9, 1842.
This is evident from the fact that the accused were liberated, not on a decision of the magistrates, but on the withdrawal of the complaint by the attorney general.
I am, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, &c., &c., &c.
Mr. Allen to Mr. Hamley.
Sir: I have the honor to enclose herewith the affidavit of one Robert Devine.
[Page 362]Believing the facts therein set forth to be in contravention of the foreign enlistment act, I would respectfully request your excellency to take such immediate action as to prevent all persons being enlisted in these islands for such belligerent purposes.
I have the honor to be, sir, your obedient, humble servant,
His Excellency W. G. Hamley, Lieut. Governor, commander-in-Chief, &c., Bermuda.
[Enclosed with No 1.]
Affidavit of Robert Devine.
I hereby declare that I have this day been shipped by and before Mr. Black, to join some confederate vessel now in the offing, to proceed to Wilmington. I signed articles, but the name of the vessel was not filled in. Some eighty or ninety other persons have also shipped for the same vessel. I was told by Mr. Black that he wanted no man who could not fight, or who was afraid of gunpowder, as they would have to fight their way to Wilmington.
Mr. Hamley, to Mr. Allen.
Sir: In reference to the letter and enclosure which you placed in my hands this afternoon, I beg to inform you that, after giving the matter all the consideration of which the time has admitted, I do not find sufficient evidence of any fact on which I can exercise executive authority or interposition, although there is enough to excite that vigilance which I will take care to exercise with regard to it.
As I cannot, in a case like this, act without convincing written testimony, and as I must, of course, rely principally on your activity to obtain the required evidence, I must request you to furnish me, in writing, with as early and authentic information on this point as you can possibly obtain.
Although I thus claim your energetic assistance, be assured of my using every means in my own power to prevent a breach of the foreign enlistment act, or of the neutrality prescribed by her Majesty’s government.
I have the honor to be, sir, your most obedient servant,
C. M. Allen, Esq., Consul for the United States of America, St. Georges.
Mr. Allen to Mr. Hamley.
Sir: I have the honor to acknowledge the receipt of your excellency’s letter, dated the 6th instant, in which you inform me that you do not consider the evidence I produced sufficient to enable you to exercise executive authority.
I labor under the disadvantage of not having access to any copy of the foreign enlistment act, and to some extent, therefore, write under obscurity; but if the fact of one or more confederate war-vessels being in the immediate neighborhood of these islands; of one or both making a nightly visit to Five Fathom Hole, and being there visited by the person acting as confederate agent; of coals and other supplies being sent out there to them by a well-known firm in this town; of men being enlisted for them by the so-called confederate agent, and, when reported as communicating with myself, being stripped in the presence of that agent, by his direction, and being searched for a protection or some other paper— if these circumstances, or any of them, notorious now in the town, constitute a breach of the act in question, I have to submit that such a breach has been palpably made. I shall persevere in my endeavors to obtain such further evidence as may enable your excellency to feel yourself justified in taking action; but I need hardly point out that, situated as I am here, with the general policy of the community adverse to the cause I have the honor to represent in these islands, every difficulty will be thrown in the way of my obtaining it, and I can hardly hope for any but circumstantial evidence.
I have the honor to be, sir, your most obedient servant,
His Excellency W. G. Hamley,
Lieut. Gov. and Commander-in-Chief, &c., Mount Langton.
Mr. Allen to Mr. Hamley.
Sir: I have the honor to enclose herewith evidence, which in my opinion is conclusive, to the extent of showing that an act of piracy has been committed on board an American vessel now in the immediate vicinity of these islands. Should your excellency deem the evidence enclosed sufficient to enable you to take action in the matter, I beg to request that the steamship in question may be brought into port here at the earliest possible opportunity, and a proper examination instituted.
I have the honor to be, sir, your obedient servant,
His Excellency W. G. Hamley, Lieut. Governor and Commander-in-Chief, &c., Bermuda.
[Enclosure with No. 3. ]
BERMUDA, ALIAS SOMERS’ ISLANDS.
By Wm. Christopher John Hyland, a in and for the islands of Bermuda, and all other her Majesty’s foreign dominions and territories, duly commissioned and sworn.[l. s.] W. C. J. Hyland Notary Public
[Page 364]To all to whom this present writing or instrument of protest shall come, greeting:
Know ye, that on the day of the date hereof, personally appeared before me Edward Dingle Nichols, late chief officer of the steamship Roanoke, of the city of New York, in the United States of America, and Frank Edward Haw ley, late purser of said ship, who on oath say, that on the 29th of September last they left the city of Havana, in Cuba, laden with an assorted cargo, and about forty passengers; that on the same day of the month, when they had been at sea about five hours, a man named Braine, alias Johnson, lately implicated in the seizure of the steamship Chesapeake, of New York, assisted actively by about nine other persons, violently and by force of arms, when Captain Drew and most of the other officers were asleep in their state rooms, seized the steamship Roanoke, and placed the said Captain A. Drew, with the whole of the ship’s company, (the firemen excepted, ) in irons; that while so engaged they killed the carpenter of said steamship, by shooting, and also wounded the third engineer; that they then proceeded and made the island of Bermuda on the 4th day of October, instant, and took a pilot-boat on the evening of that day; that they proceeded to the east end of these islands and anchored in or near to Five Fathom Hole, about eight post meridian of that day, and there remained until about half past 3 o’clock of the following morning; that at about 9 o’clock, just after anchoring, the said Braine left the ship in the pilot-boat and proceeded on shore, in the direction of the town of St. George; that at about 3 o’clock on the following morning the said Braine again returned to the said steamship, accompanied by four or five other persons from the shore; that they soon after weighed anchor and proceeded seaward; that on the night of the 5th instant the vessel was again brought and anchored in Five Fathom Hole, or its vicinity; that at about 11 o’clock on the same night, five or six persons again came on board from the shore; that one of the said parties was recognized by a passenger, B. B. Blydenbaugh, as Joseph Johnson, a merchant of the town of St. George; that they heard one of these parties, whom they have every reason to believe is named Black, tell the present purser of the said ship, one Jashoop, that the brig would not be out with coals and provisions until the following day; that they shortly left the ship, and she again proceeded seaward, but again returned towards the land as night closed in; that at about 8 o’clock p.m. in. of the 6th of October they made a brig with a light at her foremast head, and they spoke her about eight or ten miles from the land off the light-house, and she was ordered to heave to until daylight; that a boat was sent on board of her from the said steamship, and she returned soon after with sundry provisions; that on that night and following morning about forty men were sent on board the steamer from the said brig, and which proved to be the Village Girl, of Whitehaven; that all day of the 7th October was employed transporting coals and provisions on board the said steamship from the said brig Village Girl; that the said Braine and other officers informed them on that day that a brig with a black ball in her fore-topsail would come and take off the passengers of the Roanoke, and proceed to Halifax with them; that they kept a look-out all that day, expecting said brig to appear; that at about 5 or 6 o’clock of the same evening a sail was made to the westward, when they stopped coaling, and immediately made for it; on getting near her they hailed her, and ordered her to heave to, and at the same time asked her name, and if she had a black ball in her fore-topsail. On finding it was not the vessel expected, the brig was told to proceed on her voyage, and the said steamship again returned to the Village Girl and took in further coal; that on or about 8 o’clock p. m. of that day they made another vessel, upon which they bore down to her; she also had a light at her foremast head; that at about 10 o’clock p. m. of same night they commenced putting the baggage of the passengers on board the said brig, and at 11 [Page 365] o’clock the same night the passengers and all of the crew of said steamship, with the exception of three who were in irons, were placed on board the said brig, which proved to be the Danish brig Mathilde, with a black painted ball in her fore-topsail; and at about 4 o’clock a. m. of the 8th October the brig proceeded eastward, and at 7 o’clock p. m. of the same day they anchored in or near the Five Fathom Hole; they further say, that the said steamship had not over ten tons of coal on board on the evening of this day.
And these said appearers, upon their oaths aforesaid, do further declare that, during the said voyage, they, together with others of the said ship’s company, did all they could to preserve the said steamship from seizure.
Wherefore the said Edward Dingle Nichols and Frank Edward Hawley have protested, and I, the notary aforesaid, at their special instance and request, do publicly and solemnly protest against all and every person whom it doth or may concern, and especially against the seizure of the said steamship Roanoke, by the aforesaid Braine and others, and against all losses, damages, costs, charges, and expenses which have occurred, or may hereafter occur, by reason of the foregoing premises.
Thus done and protested in the town of St. George, the 8th of October, 1864.
In testimony whereof, these appearers have subscribed their names, and I, the notary aforesaid, have hereunto affixed my notarial seal.
Mr. Allen to Mr. Hyland.
Sir: I herewith enclose an affidavit having reference to certain acts of piracy and murder committed by persons now in the town of St. George, Bermuda, and have respectfully to request the course of proceeding authorized by article 10 of the treaty of August 9, 1862, between the government I have the honor to represent and her Majesty’s government, may be at once adopted.
I have the honor to be, sir, your obedient servant,
The Worshipful W. C. J. Hyland, Police Magistrate, Bermuda.
Affidavit of Mr. Allen..
I, Charles M. Allen, consul to the United States of America for Bermuda, do solemnly and truly swear that I have good reason to believe, and do believe, that an act or acts of piracy and murder has or have been committed on board the United States steam vessel Roanoke, at sea, on or about the 29th day of September last, by one —— Braine, alias Johnson, assisted by one Dr. Parr, alias Anderson, and several other persons to this deponent unknown, and that the said persons have sought an asylum in the town of St. George, in Bermuda, aforesaid.
Mr. Allen to Mr. Hamley..
Sir: On the 10th instant I made a request to W. C. J. Hyland, esq., police magistrate of the town of St. George, that certain persons connected with and implicated in what I believed to be an act of piracy committed on board the United States steamer, Roanoke, of New York, said persons then being in the town of St. Georges within the jurisdiction of the said magistrate, be arrested, and dealt with in accordance with the 10th section of the treaty made August 9, 1842, between her Majesty’s government and the government of the United States of America. With the saidrequest I enclosed an affidavit setting forth the belief that such an act had been committed by the parties therein named.
I beg to inform your excellency that I am not aware any action has yet been taken upon the matter, and that the parties alluded to are now at large within the jurisdiction of the said magistrate.
I have the honor to be, sir, your most obedient servant,
His Excellency W. G. Hamley,
Lieut. Governor, and Commander-in-Chief, &c., Bermuda.
Mr. Hamley to Mr. C. M. Allen.
Sir: I have the honor to acknowledge the receipt of your letter of the 12th instant, in which you inform me that you had requested Mr. Hyland, the police magistrate in St. George, to cause to be arrested certain persons connected with an implication in what you believe to fee an act of piracy, and that these persons should be dealt with according to the 10th section of the treaty, made August 9, 1842, between her Majesty’s government and the government of the United States of America; in which you also inform me that with your request to Mr. Hyland you had enclosed an affidavit setting forth your belief of the matters stated, and in which you conclude by saying that you are not aware that any action has yet been taken in the matter, and that the suspected persons are still at large.
Having referred to the attorney general your letter, and one from Mr. Hyland, of the same date, on the same, subject, covering your letter to him of the 10th, with the accompanying affidavit, I am advised that the course adopted by you is not such as would warrant me in taking any proceedings under the treaty referred to.
It may, however, afford you some satisfacation to be informed that an investigation has been held by two magistrates, (of which you are probably not altogether ignorant, ) the effect of which has been to show that even if you had, in every respect, complied with the requisites to an effectual application, and if I had, after the recent decision in England on a similar question, felt justified in issuing my warrant to the magistrates, the result must have been, after, perhaps, a more protracted inquiry, the liberation of the persons charged by you with piracy.
These persons were, after a hearing, and the production of a commission from the Confederate States authorities, dismissed on the 12th instant, as it was made [Page 367] clearly to appear that, whatever opinion might be entertained of the propriety of their conduct, the commission and instructions relieved them from personal responsibility to neutral nations.
I have the honor to be, sir, your obedient servant,
C. M. Allen, Esq. Consul of the U. S. of America, St. George.