I shall be much obliged if you will return the protest to me after taking
cognizance of it.
I have the honor to be, with high consideration, sir, your most obedient,
humble servant,
Hon. William H. Seward, &c., &c., &c.
Protest.
United States of America,
State of New York, City and County of New York,
ss:
By this public instrument of protest be it known and manifest: That
on this twenty-ninth day of June, A. D. 1863, personally came and
appeared before me, Henry W. Johnson, a notary public, duly
commissioned and sworn, in and for the State of New York, and
dwelling in the city of New York, Eben J. Locke, master of the brig
Isabella Thompson, belonging to Halifax, in the province of Nova
Scotia, who, being by me duly sworn, did solemnly declare and state
as follows: That he, the said appearer, did, on the twenty-seventh
day of April, A. D. 1863, set sail and depart from Halifax
aforesaid, in and with the said brig, as master thereof, having on
board a cargo, consisting of lumber and fish, consigned to Messrs.
Saunders & Sons, of Nassau, New Providence, for which port said
brig was bound; that the officer and crew of said brig consisted of
five persons, besides this appearer. That said brig arrived at
Nassau, with said cargo, as nearly as he can now recollect, on or
about the twentieth day of May last past; that on her arrival there
the cargo was discharged in said port, on board of lighters, and was
taken on shore; that after said cargo was so discharged, this
appearer was informed by the said consignees that they had engaged a
return cargo of cotton and turpentine, to be transported in said
brig to Halifax; that shortly thereafter a vessel, which appeared to
this appearer to be a lighter, and which he believes was a lighter,
but the name of which he does not know, came from the shore out into
the harbor or stream, where said brig then lay, the said lighter
having some turpentine on board; that said lighter came alongside of
said brig, and the said turpentine was then transferred to said
brig; that said lighter then returned to the shore, and soon after
returned to said brig with a quantity of cotton,, which was then
transferred to the brig. That after said brig had so received said
turpentine and cotton, this appearer then went on shore, and
obtained a clearance, from the proper authorities, [Page 386] for Halifax, for which port he sailed,
with said brig and cargo, on the sixth day of June instant; that
said brig did not receive or have on board, for her return voyage
from Nassau, any other cargo than that above mentioned, and that the
same was received on board of said brig in the manner and under the
circumstances hereinbefore stated, and not otherwise. That after
this appearer had so sailed from Nassau, he sailed direct for
Halifax aforesaid, and when within about three hundred miles from
that port said brig was boarded by the United States vessel-of-war
United States, and she and said cargo was then seized by the
officers in command of the United States, and brought into the port
of New York; that this appearer, and all his papers relating to the
vessel and cargo, and all of the crew, were likewise seized and
brought to said last-mentioned port. That the alleged ground of such
seizure, as this appearer was informed and believes, was that said
brig had on board a cargo which had run the blockade at Wilmington,
North Carolina, and that said brig had received said cargo in
violation of a blockade of said last-named port, then lawfully made
and maintained by the government of the United States. And this
appearer declares and solemnly states that at the time he received
said cargo on board of said brig, at Nassau aforesaid, he had no
knowledge by what means or when the same had been brought into said
port, or where the same came from; that the said brig was actually
moored and anchored in the harbor at Nassau at the time she received
said cargo, and that the same was received in the usual manner of
receiving cargo in said port.
Wherefore the appearer, in behalf of the owners of said vessel and
cargo, and for all persons who are or may be interested therein,
doth declare and protest before me, the said notary; and I, the said
notary, at the request of the said appearer, do also protest against
the United States, and against all and every person or persons
whomsoever, responsible or liable, or whom these presents do, shall,
or may concern, and hold them responsible and liable for all
demurrage, damage, injury, loss, wages, costs, and expenses incurred
or sustained, or which may be incurred or sustained, by reason of
the premises.
EBEN J. LOCKE.
This done, declared, and protested, in due form of law, at my office,
in the city of New York, the day and year first above written.
[l. s.]
HENRY W. JOHNSON, Notary
Public.
