Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part II
Lord Lyons to Mr. Seward.
Sir: Her Majesty’s government readily comply with the request made in your note to Mr. Stuart, of the 22d September last,* that the evidence in the case of the Margaret and Jessie should be communicated to the government of the United States. I have, accordingly, the honor to transmit to you herewith, in original, all the documents, containing evidence bearing on the case, which have been submitted to her Majesty’s government.
In forwarding these documents to you, it is my duty, in execution of the in structions which I have received, to state distinctly that her Majesty’s government cannot consent that the demand for redress which they have preferred should be in any way affected by the proceedings of the government of the United States, relating to the conduct of any officer or other person who may be responsible to that government for his misconduct in the matter. And I am directed to express the confident hope of her Majesty’s government that, upon receiving evidence of the facts, so clear and decisive as that contained in these documents, the government of the United States will, without further delay, give proper satisfaction for so very serious an outrage upon the territorial rights of her Majesty.
I enclose a list of the documents; and I beg you to be so good as to send them back to me when you have taken cognizance of them.
I have the honor to be, with high consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, Secretary of State.
Documents in the case of the Margaret and Jessie.
No. 1. Memorial.
No. 2. Protest.
No. 3. Declaration of C. M. Morris.
No. 4. Declaration of H. B. Claiborne and King.
No. 5. Declaration of R: C. Foute.
No. 6. Declaration of Ivey Foreman.
No. 7. Declaration of Lawreel Thiescelin.
No. 8. Declaration of Clinton Johnson.
No. 9. Declaration of Daniel Trigg and Littlepage.
No. 10. Declaration of Fenn Peck and M. M. Kerr.
No. 11. Declaration of William Wilson and Peter Skues.
No. 12. Certificate of survey.
No. 13. Declaration of Jno. B. Lafitte and G. D. Harris.
No. 14. Declaration of George D. Harris.
No. 15. Declaration of Jno. B. Lafitte.
No. 16. Declaration of William Hanna.
No. 17. Declaration of Theodore Cavillier.
No. 18. Declaration of Thomas Maekey.
No. 19. Declaration of Samuel Maekey.
No. 20. Declaration of Jane Hanna.
No. 21. Declaration of C. R. Burnside.
No. 22. Declaration of William Wilson and Peter Skues.
No. 23. Declaration of C. E. Burnside.
Claim.
No. 1. Memorandum of claim.
No. 2. Account current of H. Adderly & Company.
No. 3. Decree of the vice admiralty court.
No. 4. Statement of salvage.
No. 5. Statement of value of cargo.
No. 6. Declaration of G. D. Harris.
No. 7. Account of sales.
No. 8. Certificate of survey.
No. 9. Statement of loss from detention.
No. 10. Declaration of Jno. B. Lafitte.
No. 11. Declaration of Lafitte and Harris.
No. 12. Certificate of receiver general.
No. 1.
Sir: The undersigned, George A. Trenholm, a citizen of the Confederate States of North America, and a merchant of the city of Charleston, in the State of South Carolina, begs leave respectfully to submit to your excellency, and through your excellency to her Britannic Majesty’s imperial government, that on Saturday, the thirtieth day of May last past, the steamship Margaret and Jessie, a duly registered vessel in the said Confederate States, and the property of the undersigned, while engaged in a lawful navigation and trade between tlie neutral port of Nassau, in the island of New Providence, and the confederate port of Charleston, and while proceeding on her voyage with the emblem of her nationality at her mast, within the waters of her Majesty the Queen of Grreat Britain’s jurisdiction, at less than one mile from the island of Eleuthera, in the Bahamas, and within speaking distance of the settlement of James’s Point, in and island, after a hot pursuit and chase, was fired into with shot and shell by as armed vessel bearing the colors of the United States of America, the same being, as the undersigned verily believes, the United States vessel-of-war Rhode Island, until, being disabled by a ball which struck her on the starboard side, just above the water-line, entering her boiler and paralyzing her machinery, she became entirely unmanageable, pounded several times on the reef, and sank.
The outrage thus committed on the Margaret and Jessie, and the injury sustained by her cargo, her machinery, and her hull, constituting a tort, which, by the law of nations, can only be set up and brought to reparation through the agency and under the guarantees of the friendly power within whose jurisdiction and in contempt of whose supremacy the wrong was perpetrated, the undersigned lays this his complaint and claim before your excellency, that the same may be brought to the notice of her Britannic Majesty’s government, and be attended to and acted upon with the zeal and energy which that government is wont to apply to cases arising out of similar emergencies.
Appended will be found the protest and declarations taken by duly commissioned officers of the British crown residing at Nassau. To these documents the undersigned craves reference, as they will elucidate and stand in proof of the facts set forth in this memorial.
The Margaret and Jessie being on an errand of legitimate trade, she had no motive to conceal, and therefore did not conceal either her colors or the character of her venture; a belligerent, she was entitled to all the immunities and protection due to friendly vessels on the coasts, and in the ports, bays, harbors, and rivers of neutral jurisdiction.
After being chased by a federal cruiser from a distance, which the evidence puts at twenty miles from land, she had, by dint of swiftness, escaped the pursuer and was making rapidly for the island of Eleuthera, which she had neared less than four hundred yards, when she was fired into, struck and sunk as aforesaid. That she was then within grounds where no federal vessel could lawfully commit hostilities will not be denied, as even any forbearance on the part of the neutral power whose sovereignty and jurisdiction were thus invaded and infringed, instead of imparting legitimacy to the transgression, would not only entail upon such power a liability coextensive to the wrong suffered, but make it a party to the contest, as it would thereby have departed from the position of neutrality. That it was an outrage of the deepest dye, fraught with all the evidences of the most unmitigated perverseness and effrontery, the declarations taken and herewith submitted but too palpably establish.
Charles M. Morris, who was a passenger on board the Margaret and Jessie, attests that the firing into her by the federal cruiser commenced when running for the island of Eleuthera; she was only five miles distant from it; the war vessel continuing in pursuit, and incessantly discharging shot and shell which fell thickly over and around the Margaret and Jessie, until the latter arrived [Page 415] within five hundred yards of the beach, when, to prevent her going upon the land, her course was changed, and she was headed westwardly, coasting and skirting the land at a distance of from four to five hundred yards from it; she then continued/or a period of an hour and three quarters, during all which time she was never further than five hundred yards from the land. The war vessel continued the chase, being about a mile from the Margaret and Jessie, discharging shot and shelf by broadsides, which fell thickly around the vessel, many passing over and striking the land, and so near was the Margaret and Jessie, during all this time, kept to the shore, that she took ground several times in passing over the reefs which lie a short distance from the land, and eventually a shell shot from the vessel-of-war struck the Margaret and Jessie, she then being not further than four hundred yards from the land, and passed through into her boiler, which so disabled her, that, within a minute of time, she took the ground and filled with water.
This statement of Charles M.Morris is strengthened by the concordant declarations of all the other witnesses, who testify to the same effect, with slight variances, which would only go to reduce to three hundred yards the distance at which the Margaret and Jessie stood from the beach the whole time that she was headed westwardly, and was kept coasting and skirting the land, until she was struck, disabled, and sunk. Thus is the fact fairly established, that for upwards of an hour and three-quarters the Margaret and Jessie (she being then within less than five hundred yards from the island of Eleuthera, and the United States cruiser at less than a mile further) was chased, pursued, and repeatedly fired into by the latter without there being anything in her conduct of a nature to incur the wrath of the pursuer, or to afford him the slightest excuse for the infringement of British supremacy over ground within which, under her Britannic Majesty’s protection, she was entitled to enjoy all the immunities of asylum, hospitality, and intercourse. Nor could those on board the pursuing vessel have been, at the time, in error respecting the character of the waters over which they were treading. Not only was the Margaret and Jessie so close to the shore that her passengers could exchange words and converse with the people upon the beach, but the shots and shells fired from the federal cruiser could be seen falling upon the land, passing through the tenements there, and forcing the inhabitants, stricken with terror,- to fly from their dwellings and seek refuge under the hills.
Clinton Johnson, a farmer of the island of Eleuthera, who lives at the town known as James Cistern, on the south side of said island, thus describes the circumstances, the time, and manner of the pursuit which brought the Margaret and Jessie to the shoals where she was stranded. Says he: “On Saturday, the thirtieth of May last, I heard the report of a cannon on the north side of the island. I immediately went to the high land to the north of the town and saw two steamships, one in chase of the other, the outer ship discharging guns very rapidly at the ship that was nearest to the island, and both approaching, at full speed, to the land. The ship nearest the land was an unarmed vessel, and the vessel chasing her was a vessel-of-war. The unarmed vessel having arrived within three hundred yards of the beach, changed her course and skirted along the land, at no time being four hundred yards from it. The vessel-of-war also changed her course, and having arrived within a distance of, at most, half a mile from the other ship, continued for at least an hour and a half to discharge, without cessation, shot and shell, which from time to time passed over the inner ship and struck and exploded upon the land. Many of the shots fell within a distance of one hundred yards from the dwelling-houses in the town of James Cistern, and caused great destruction among the trees and woods in the neighborhood, and the inhabitants of the town, fearing that their houses would be struck by the shot, and some of them be killed, quitted the town and took refuge under the hills till the firing had ceased.”
[Page 416]It will be noticed that the chase and pursuit of the Margaret and Jessie were being had on the north side of the settlement of James’s Point, where the island is but two miles wide from north to south.
Thomas and Samuel Mackey, together with Theodore Cuvellier and William Hanna, of the same settlement, were fishing at the time on the south side of the settlement, and here is what they say of the occurrence, as by them witnessed: Says Thomas Mackey: “I was out fishing; I heard the reports of several heavy guns; the sound came from the northeast across the island; when the boat [his fishing boat] was about three miles from the settlement, and about half a mile from the southern shore, I heard the report of another gun, and saw a cannon shot fall in the water about sixty or seventy yards ahead of the boat in which we were, and very near the boat in which Theodore Cuvellier was.
How near must the chasing vessel have been to the northern shore may easily be deduced from the fact of the shot traversing the island and reaching more than seventy yards beyond the southern shore.
Theodore Cuvellier testifies that “while he was out fishing on Saturday, the 30th of May, on the southern side of the settlement of James’s Point, in the island of Eleuthera—which settlement is bounded on the north and south by the sea, the distance across being only two miles—he heard the report of several guns. He immediately went on shore, proceeded to a hill nearly over to the northern side, and climbed up a tree, that he might see from whence the guns were being fired. On looking out to sea saw two steamers, one of them having paddle-boxes and steering down outside of a reef, which is about three hundred or four hundred yards from the shore, and the other without paddle-boxes, also steering down outside of the reef, about five or six hundred yards from the first steamer. The steamer further out was firing at the inner one; she would fire first from one side, and then turn and fire from the other side. He could see the shots from these guns fall upon the land, about three hundred yards from where he was up the tree, about half a mile from thE settlement; on seeing the shot fall so near he jumped from the tree, ran back to the southern shore, and got into his boat to come home. While he was coming down he heard a gun go off in the direction of the two steamers, and a cannon ball passed his head and fell in the sea about thirty yards from him, which caused him to fall down in the boat from the shock.”
Samuel Mackey, a planter, who resides at James’s Point, was also fishing on the southern side of the settlement, “when he heard the reports of several heavy guns from the northeast, and on returning to the shore, being about three yards from it, saw a cannon ball fall on the land on the inside of the settlement, where the houses are built, and found afterwards a portion of the shell in the place where he had seen it fall.”
William Hanna corroborates every essential statement made by the preceding witnesses, and Jane Hanna gives the finishing stroke to the stirring scene in her clear, short, and unadorned narrative of incidents, which she watched the more closely, as she found herself within range of the shots fired by the federal cruiser, and in imminent peril of being killed by one of them.
This woman lives on the same settlement of James’s Point. “On Saturday, the 30th of May last,” says she, “I was in my house at James’s Point, when I heard guns firing from the sea; I looked out of the door of my house to the north; the house is on a hill, about two miles from the shore on the northern side of the settlement; I can see the sea from the door; I saw a steamer passing up along the shore, firing guns; I left my house and went on a hill near where I saw another ahead, at which the other was firing; I watched them for some time, when the inner steamer turned and came down; I then saw the steamer that had been firing also turn and commence to fire at her; several of the shots I saw fall on the land; I entered my house, when I heard another report of a gun, and something that struck on the roof of my house; I looked out of the door and saw the steamer that had been firing before opposite my house and [Page 417] clouded in smoke; I went over to the northern side in the evening, and saw one of the steamers on shore, and the other—the one that had been firing the guns-lying outside of her, with a flag flying.” (The United States flag, as attested by other witnesses.)
The facts stated by these witnesses require no comment, and lose nothing by retaining the unstudied style in which they are told.
Unless there be no virtue in the principles which regulate the relations between belligerents on the one side and neutrals on the other, they cannot fail to impress themselves on the mind as being of the most grave significance and import. The recognition by the great powers of Christendom of the existence of civil war between the Confederate States and the States that still retain the name of the United States of America, and the avowed determination of those powers not to take part in the mighty conflict for independence on the one side, for subjugation on the other, in which said States are engaged, has imparted to them not only the character of belligerents, possessing the sovereign rights of war and entitled to be respected in the exercise of those rights, but also those attributes which are inherent to friendly powers, and invest them incontestably with equal rights of asylum, hospitality, and intercourse in neutral territories.
Confiding in the immunities arising out of the relations created by that recognition and that avowal, and reposing unbounded faith in the ability of the powers thus committed by their own declarations to vindicate and uphold those immunities when invoked within their respective jurisdiction, the undersigned, with others of the Confederate States, selected the port of Nassau, in the Bahamas, as one of the points where might be centred what of commercial intercourse and trade might find a channel to and from the confederate ports, notwithstanding the difficulties and perils which the blockade of said ports was likely to entail upon such intercourse and trade.
The selection and the traffic proving highly profitable to both her Britannic Majesty’s subjects and the citizens of the Confederate States, there came to be established, between Nassau on the one side, and Charleston and Wilmington on the other, a regular, uninterrupted communication, through the steady voyages of upwards of twenty steamers carrying openly, and without serious hindrance, to and from said ports the commodities interchanged in each of them respectively.
Of seven steamers which the undersigned alone has kept plying on the sea between the said ports, and which have performed no less than thirty-two round voyages within these twelve months just elapsed, aggregating a return cargo of over 21,000 bales of cotton, not one has ever been stopped in her trade, or in any manner impeded in her progress, by the interference of the blockading force; all of them have carried out successfully their adventures, with the exception of the Kate and the Stonewall Jackson, which were lost by mere accident—the one as she ascended the river near Wilmington, and the other by being stranded on the bar at Charleston.
Among the said steamers was peculiarly distinguishable the Margaret and Jessie, for the precision and steadiness of her voyages, having performed in less than five months five complete trips, with a full return cargo of cotton, to Nassau, aggregating 3,714 bales, as may be seen by the sworn declaration of J. B. Lafitte, and the certified statement of the custom-house collector at the port, hereto annexed.
It was not until the Margaret and Jessie fell in with a federal cruiser on the grounds of her Britannic Majesty’s jurisdiction, and there was chased, pursued, and fired into by said cruiser, within voice-hearing distance of the land near by, and in sight of an inhabited settlement, and in defiance of the protection which she had an unquestionable right to enjoy, being within neutral waters, and far [Page 418] beyond the line assigned as the ultimate terminus for such hostilities, that a vessel of the undersigned was interfered with and assailed.
The undersigned, therefore, now files herewith a condensed statement and evidence of the loss which he has sustained in consequence of the piratical course pursued by the federal cruiser towards the Margaret and Jessie, respectfully requesting your excellency to submit the same, with this memorial and the accompanying documents, to the consideration of her Britannic Majesty’s imperial government, that it may please said government, under the pledges, obligations, and guarantees of its declared neutrality, to press the same to a speedy recognition and settlement.
I have the honor to be, sir, your excellency’s most obedient, humble servant,
His Excellency Charles John Bailey, Esq., C. B., Governor and Commander-in-Chief, Bahamas.
No. 2.
Bahama Islands, New Providence:
By this public instrument of declaration and protest be it known and made manifest, that, on Tuesday, the second day of June, in the year of our Lord one thousand eight hundred and sixty-three, personally came and appeared before me, Bruce Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, William Wilson, the master of the steamship Margaret and Jessie, of and belonging to the port of Charleston, in the State ot South Carolina, Confederate States of America, and caused a protest to be duly noted before me, the said notary, against the acts and deeds of the captain, or other officer, in charge of a certain vessel-of-war of and belonging to the United States of America, occasioning injury to the said steamship Margaret and Jessie, and thereby entailing loss and damage to the owners and others interested in the said steamship and the cargo on board of her laden. And now on this day, being Friday, the fifth day of June, in the year aforesaid, again came and appeared the said William Wilson, the master, and James Forbes, first mate; Christopher Cowper, second mate; John Fitzgerald, third mate; Thomas Plane, purser; John Blackly, carpenter; Robert Warner Lockwood, pilot; Octavius Henry Dorsett, coasting pilot; Peter Skues, chief engeneer; John Scott, second engineer; Thomas Russell, third engineer; Samuel Johnson, fourth engineer; John McLean, fireman; Joseph Gilbreath, fireman, of and belonging to the said steamship, who, of their own free will and voluntary accord, did solemnly declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases—
That these declarants and the rest of the crew of the said steamship Margaret and Jessie sailed in and on board of her on Wednesday, the twenty-seventh day of May last past, from the port of Charleston, in the State of South Carolina, one of the Confederate States of America, with a cargo consisting of seven hundred and thirty bales of cotton, and with sixteen passengers, bound on a voyage to Nassau, in the island of New Providence, one of the said Bahama [Page 419] islands; the said steamship, at the time of her departure as aforesaid, being tight, staunch, strong, and seaworthy, and in every respect fitted, equipped, manned, and found for the prosecution of the aforesaid voyage. That nothing material occurred (they encountered heavy weather) until the forenoon of Saturday, the thirty-first day of May, about 10 a. m., civil time, the Margaret and Jessie then being about ninety miles to the north and east of the island of Abaco, one of the Bahama islands, and then steering a south by west course to make the land of Eleuthera, also one of the Bahama islands, the territory of her Majesty the Queen of Great Britain, then distant about twenty-five miles, a steamship was observed to the leeward of the Margaret and Jessie, heading eastwardly across her stern.
That about a quarter of an hour after the said steamship had been first observed by the parties on board the Margaret and Jessie she was seen to change her course and give chase to.the Margaret and Jessie, the master of which, suspecting that the other vessel was a vessel-of-war of the United States and that the intention was to make a prize of his vessel, ordered her to be put at full speed for the land of Eleuthera, then being a part of the neutral territory of her Britannic Majesty the Queen of England.
That the said vessel-of-war continued to chase the Margaret and Jessie, but at no time succeeded in approaching nearer to her than four miles until about half past twelve o’clock noon of that day. The Margaret and Jessie being distant from the main land of Eleuthera, which she was then fast approaching, about five miles, and the vessel-of-war distant astern of the Margaret and Jessie about four miles, a shot was fired from the vessel-of-war which fell short of the Margaret and Jessie. That the Margaret and Jessie was still run direct for the land, and arrived within the territorial limit of three miles shortly after, in the mean time the vessel-of-war firing shot after shot at her.
That from the time the Margaret and Jessie arrived within such territorial limit as aforesaid, the Margaret and Jessie being hemmed in by the land, the vessel-of-war was enabled to approach nearer to her, and the Margaret and Jessie was consequently taken to within three hundred yards of the shore.
That from the time the Margaret and Jessie arrived within such territorial limit as aforesaid, until she was taken to within such distance of three hundred yards from the land as before mentioned, no cessation whatever was made in the discharge from the war vessel of shot and shell, many of which passed over the Margaret and Jessie, struck and exploded upon the land which lay within her.
That the steamship Margaret and Jessie having arrived within the distance of three hundred yards, as aforesaid, her course was at once changed to prevent her grounding on the rocks, and she was coasted along the land in a westwardly direction, keeping within that distance from the land, notwithstanding which no cessation was made in the discharge of shot and shell from the war vessel, which approached to within five hundred yards of the Margaret and Jessie and coasted along with her for an hour and a half, incessantly discharging shot, shell, and what appeared to these declarants to be grape and canister.
That the Margaret and Jessie, from her close proximity to the land, took the-bottom on several occasions, and many of the shot and shell discharged at her passed over and struck against the land of Eleuthera. That at about thirty minutes past three p. m., the Margaret and Jessie then being not over three-hundred yards from the beach, a seven-inch spherical shell, discharged from the vessel-of-war, struck her on the starboard side, just below the water-line, and entered her boiler, causing the steam to escape, thereby severely injuring; one of her engineers, and the water to flow into the ship. And the said declarant, William Wilson, then at once ordered the wheel to be put a-starboard, but before the order could be obeyed the ship ran upon the ground and filled with [Page 420] water not three hundred yards from the beach, her position being a little to the east of a point of land known as James’s Point, on the north side of the island of Eleuthera, one of the Bahama islands.
And the declarants did further declare, that whilst the said merchant ship Margaret and Jessie and the said vessel-of-war of the United States of America were both within the territorial jurisdiction of her Majesty the Queen of Great Britain, as hereinbefore detailed, they, the said parties on board of the said vessel-of-war, then being officers in the naval service of the United States of America, in violation of the municipal laws of the said territory of her Majesty the Queen, did feloniously discharge against the said parties then being on board of the said steamship Margaret and Jessie certain cannons then loaded with gunpowder and shot, shell, shrapnell, and other deadly missiles, with intent thereby the said parties on board the said merchant ship Margaret and Jessie, or some of them, to kill and murder.
That from the time that the said vessel-of-war entered within the distance of three miles from the land until the time that a shot from her sunk the Margaret and Jessie, as before set forth, the American ensign was flying at her main peak; she being a brig-rigged steam vessel propelled by side wheels, with a beam engine above the deck. That when a shot propelled from a gun on board of her struck the Margaret and Jessie, she, the said war vessel, was distant from the main land of Eleuthera not five hundred yards; but so soon as it was observed by the parties on board of the war vessel that the Margaret and Jessie had been driven ashore and sunk, the vessel-of-war was headed to sea, and having proceeded to the distance of about a mile from where the Margaret and Jessie lay, she, the vessel-of-war, was brought to anchor, and two armed boats despatched to the Margaret and Jessie, which rowed round her; in the said boats were officers in the uniform of the navy of the United States, and this declarant, the said James Forbes, inquired of one of the officers what ship-of-war that was, and was answered that it was the United States vessel-of-war Savannah, but these declarants believe that in truth and in fact the vessel-of-war was the United States vessel-of-war Rhode Island, and not the Savannah.
And these declarants did further declare that the master and crew of the said steamship, with the passengers, observing the armed boats proceeding for the said steamship, all quitted her and landed on the shore.
That shortly after parties of wreckers from inland came down, and the said steamship was given up to them to work in endeavoring to save the cargo, and if possible to get her off.
That the said parties immediately commenced working, and, with the aid and assistance of others who subsequently arrived at the ship in wrecking vessels, succeeded, after great exertion, in discharging the cargo and in pumping the water from the said steamship, after which she was floated off in their charge. He, the declarant, the said Captain Wilson, being also on board, brought her to this port of Nassau, the passengers and crew having been brought to this port of Nassau in the wrecking vessels, they, the said wreckers, claiming salvage and remuneration for their services to the said ship and her cargo.
And the said declarants did further declare that from the time the said steamship quitted the said port of Charleston until she was sunk, as aforesaid, within the jurisdiction of her Britannic Majesty, by a vessel-of-war of the United States, everything was done by the master and all on board to conduct her in safety to the port of her destination, and they attribute the sinking of the said steamship and her stranding upon the island of Eleuthera to the act of the parties on board of the said vessel-of-war of the United States, whilst both of said vessels were within the territorial jurisdiction of her Majesty the Queen, in exercising acts of hostility against the said merchant steamship Margaret and Jessie, and feloniously attempting to kill and murder the persons on board of her, she then being not three hundred yards from the land, and to the fact of a [Page 421] shell having been shot through the side of the said Steamship from the said vessel-of-war, when said last-mentioned vessel was not five hundred yards from the land.
WM. WILSON, Master.
JAMES FORBES, Chief Mate.
CHRISTOPHER COOPER, Second Mate.
J.FITZGERALD.
THOMAS PLANE, Purser.
JOHN BLACKLEY, Carpenter.
ROBERT WARREN LOCKWOOD, Pilot.
OCTAVIUS H. DORSETT, Coasting Pilot.
PETER SKUSE, Chief Engineer.
JOHN SCOTT, Second Engineer.
THOMAS RUSSELL, Third Engineer.
SAMUEL JOHNSON, Fourth Engineer.
JOHN McLEAN.
his
JOSEPH X GILBREATH.
mark.
Wherefore the said master has desired me, the said notary, to protest, and I do, by these presents, solemnly and formally protest and declare against the acts and deeds of the persons on board of the said vessel-of-war, and against all and every act, matter, and thing occasioning, as aforesaid, loss and damage to the said steamship, to the intent that it may be submitted unto, suffered and borne by those to whom it shall of right belong, or in anywise concern.
In testimony whereof the said declarants have hereunto set their hands, and I, the said notary, my hand and seal notarial, this fifth day of June, in the year of our Lord one thousand eight hundred and sixty-three.
B. L. BURNSIDE, Notary Public, Bahamas.
[seal]
Bahama Islands, New Providence :
To all to whom these presents shall come: I, Charles Rogers Nesbitt, esq., colonial secretary of the Bahama islands, do hereby certify that Bruce Lock-hart Burn side, who attests, as a notary public, the protest hereto attached, is a duly qualified notary public, and that all faith and credit is and ought to be given to his acts and deeds as such.
In witness whereof, I have hereto set my hand this fifth day of June, in the year of our Lord one thousand eight hundred and sixty-three.
C. R. NESBITT, Colonial Secretary.
Bahama Islands:
By his excellency Charles John Bayley. esq, companion of the most honorable Order of the Bath, governor, and commander-in-chief in and over the said islands, chancellor, vice-admiral and ordinary of the same. [seal.]
To all to whom these presents shall come, greeting: Be it known that the Hon. Charles Rogers Nesbitt, esq., by whom the annexed certificate is subscribed, was on the day of the date thereof, and now is, the colonial secretary for the said Bahama islands; therefore all due faith and credit are and ought to be had and given to the said annexed certificate.
By his excellency’s command: C. R. Nesbitt, Colonial Secretary.
No. 3.
Bahama Islands, New Providence:
Know all men by these presents, that on the sixth day of June, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared Charles M. Morris, at present of the city of Nassau, in the island of New Providence, gentleman, who did solemnly declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases—
That he, the declarant, was a passenger on board the steamship Margaret and Jessie, which sailed from the port of Charleston on the twenty-seventh day of May last, bound for this port of Nassau.
That on the morning of Saturday, the thirtieth, a steam vessel-of-war gave chase to the Margaret and Jessie, and she was run for the land of Eleuthera, one of the Bahama islands, in the territory of her Majesty the Queen of Great Britain, and at about half past twelve, noon, the Margaret and Jessie being then distant from the land of the island of Eleuthera about five miles, with the vessel-of-war astern, distant about four miles, the latter vessel opened fire upon her with shot and shell; that the Margaret and Jessie was still headed for the land, the war vessel continuing in pursuit, incessantly discharging shot and shell, which fell thickly over and around the Margaret and Jessie, until she arrived within five hundred yards of the beach, when, to prevent her going upon the land, her course was changed and she was headed westwardly, coasting and skirting the land, at a.distance of between four and five hundred yards from it.
That she thus continued for a period of an hour and three-quarters, during all which time the Margaret and Jessie never was further than five hundred yards from the land; the vessel of-war continued the chase, being to the distance of about a mile from the Margaret and Jessie and discharging shot and shell by broadsides, which fell thickly around the vessel, and many of which passed over her and struck the land; and so near during all this latter time was the Margaret and Jessie kept to the shore that she took the ground several times in passing over a reef which lies a short distance from the land.
That eventually a shell shot from the vessel-of-war struck the Margaret and Jessie, she then being not further than four hundred yards from the land, and passed through into her boiler, which so disabled her that she, within a minute of time, took the ground and filled with water, not over four hundred yards from the beach, and the passengers and crew, fearing that boats would board from the vessel-of-war, quitted the vessel and went to the shore, and shortly afterwards two boats from the vessel-of-war quitted her and rowed around the Margaret and Jessie as she lay ashore, and then returned to their ship, in which boats were officers dressed in the uniform of the United States navy.
That the said steam vessel-of-war had flying from her main peak the United States ensign, she being brig-rigged, with a beam-engine on deck, propelled by side wheels.
C. M. MORRIS.
Declared to, at Nassau, this sixth day of June. A. D. 1863.
[seal.]
No. 4.
Bahama Islands, New Providence:
Know all men by these presents, that on this sixth day of June, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared Charles R. King and Henry B. Claiborne, at present of the city of Nassau, in the island of New Providence, gentleman who did solemnly declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases—
That they, the declarants, were passengers on board the steamship Margaret and Jessie, which sailed from the port of Charleston on the twenty-seventh of May last, bound for this port of Nassau.
That having heard read over to them the annexed declaration of Charles M. Morris, they can personally testify that everything therein contained is just and true, these declarants having been eye-witnesses to all the occurrences therein detailed and set forth.
H. B. CLAIBORNE.
CHARLES R. KING.
Declared to, at Nassau, this sixth day of June, A. D. 1863.
[seal.]
No. 5.
Bahama Islands, New Providence:
Know all men by these presents, that on this sixth day of June, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared Robert C. Fonte, at present of the city of Nassau, in the island of New Providence, gentleman, who did solemnly declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases—
That he, the declarant, was a passenger on board the steamship Margaret and Jessie, which sailed from the port of Charleston on the twenty-seventh of May last, bound for this port of Nassau.
That on the morning of Saturday, the thirtieth, a steam vessel-of-war gave chase to the Margaret and Jessie, and she was run for the land of Eleuthera, one of the Bahama islands, in the territory of her Majesty the Queen of Great Britain, and about half past twelve, noon, the Margaret and Jessie, being then distant from the land of the island of Eleuthera about five miles, with the Vessel-of-war astern, distant about five miles, the latter vessel opened fire upon her with shot and shell. That the Margaret and Jessie was still headed for the land, the war vessel continuing in pursuit, incessantly discharging shot and shell, which fell thickly over and around the Margaret and Jessie, until she arrived within five hundred yards of the beach, when, to prevent her going upon the land, her course was changed, and she was headed westwardly, coasting and skirting the land, at a distance of between four and five hundred yards from it. That she thus continued for a period of an hour and three-quarters, during all which [Page 424] time the Margaret and Jessie never was further than five hundred yards from the land; the vessel-of-war continued to chase, being to the distance of about a mile from the land, and discharging shot and shell by broadsides, which fell thickly around the vessel, and many of which passed over her and struck the land; and so near, during all this latter time, was the Margaret and Jessie kept to the shore that she took the ground several times in passing over a reef which lies a short distance from the land. That eventually a shell shot from the vessel-of-war struck the Margaret and Jessie, she then being not further than four hundred yards from the land, and passed through into her boiler, which so disabled her that she, within a minute of time, took the ground and filled with water, not over four hundred yards from the beach, and the passengers and crew, fear-ing that boats would board from the vessel-of-war, quitted the vessel and went to the shore; and shortly afterwards two boats from the vessel-of-war quitted her and rowed around the Margaret and Jessie as she lay ashore, and then returned to their ship, in which boats were officers dressed in the uniform of the United States navy. That the said vessel-of-war had flying from her main peak the United States ensign, she being brig-rigged, with a beam engine on deck, and propelled by side wheels.
R. C. FONTE.
Declared to, at Nassau, this sixth day of June, A. D. 1863.
[seal.]
No. 6.
Bahama Islands, New Providence:
Know all men by these presents, that on this sixth day of June, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared Ivey Foreman, at present of the city of Nassau, in the island of New Providence, gentleman, who did solemnly declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases—
That he, the declarant, was a passenger on board the steamship Margaret and Jessie, which sailed from the port of Charleston on the twenty-seventh day of May last, bound for the port of Nassau. That having heard read over to him the annexed declaration of Robert 0. Fonte, he can personally testify that everything therein contained is just and true, this declarant having been an eye-witness to all the occurrences therein detailed and set forth.
IVEY FOREMAN.
Declared to, at Nassau, this sixth day of June, A. D. 1863.
[seal.]
No. 7.
Bahama Islands, New Providence :
Know all men by these presents, that on this eleventh day of June, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce [Page 425] Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared Laurence Thiescelin, at present of the island of New Providence, gentleman, and Laureel Thiescelin, of the island of New Providence, single woman, who did solemnly declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases—
That these declarants are subjects of his imperial Majesty Napoleon the Third, Emperor of the French, and are natives of the city of Paris, in the empire of France, but for some years past have resided in Mobile, in the State of Alabama, one of the States of America known as the Confederate States of America.
That they sailed in and on board of the confederate merchant steamship Margaret and Jessie, on Wednesday, the twenty-seventh of May last past, from Charleston, South Carolina, as passengers for Nassau, on their way to France.
That on Saturday morning, about ten o’clock, a vessel-of-war gave chase to the Margaret and Jessie, and continued to chase until about twelve o’clock, when the Margaret and Jessie had been brought to about five miles distant from the land of Eleuthera, within the jurisdiction of her Majesty, the Queen of England. The war vessel was then astern of the Margaret and Jessie about four miles, and commenced to fire shot and shell at her.
That the war vessel continued to chase the Margaret and Jessie and to fire shot and shell at her incessantly, until the latter vessel was taken within three or four hundred yards of the shore of the island of Eleuthera, aforesaid, the war vessel coming into the same shore within the distance of one mile, and coasting along with the Margaret and Jessie, and discharging shot and shell at her, many of which these declarants saw strike the land of Eleuthera. That during all the time before referred to, these declarants remained on deck, but the danger to life on board of the Margaret and Jessie being very great from the constant discharge of shell and other missiles, which fell thickly around her, and it being evident that the intention of the parties on board of the war vessel was to kill and murder the persons then on board the Margaret and Jessie, they, the declarants, Laurence Thiescelin and Laureel Thiescelin, were persuaded by the male passengers who were with them in the Margaret and Jessie to take refuge in the cabin.
That at the time the said Laurence Thiescelin and Laureel Thiescelin left the deck and went to the cabin, the said steamship Margaret and Jessie was not over four hundred yards from the beach, and the war vessel was not a mile distant from the Margaret and Jessie. That after these declarants went into the cabin the ship struck several times on the bottom, and they still heard the incessant discharge of cannon from the war vessel.
That after they had been for some time in the cabin, a shot struck the Margaret and Jessie, and almost immediately after she ran upon the ground, and the declarants, upon going to the deck, found that the ship was upon the ground, not four hundred yards from the beach.
And these declarants further declare that the parties on board the Margaret and Jessie, fearing that she would be boarded from the war vessel, which had then anchored a short distance from them, immediately hastened to the shore, and, immediately after, armed boats were sent from the vessel-of-war, in which were officers in the naval uniform of the United States of America, which boats approached near to the Margaret and Jessie, rowed round her, and then returned to their ship.
And these declarants lastly declare that they verily believe, and are convinced, that heintention of the said parties on board the said vessel-of-war, in dis-charging shot and shell from guns on board that vessel at the Margaret and [Page 426] Jessie, when both such vessels were within the territorial jurisdiction of her Majesty the Queen, was none other than to kill and murder the parties, or some of them, then being on board the Margaret and Jessie.
THIESCELIN.
LAUREEL THIESCELIN.
Declared to, at Nassau, the eleventh day of June, A. D. 1863, before me.
[Seal.]
No. 8.
Bahama Islands, New Providence:
Know all men by these presents, that on this sixth day of June, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lock-hart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared Clinton Johnson, of the island of Eleuthera, farmer, who of his own free will and voluntary accord did declare that he lives at a town known as James’s Cistern, on the south side of the island of Eleuthera, and on Saturday, the thirtieth day of May last, he heard the reports of cannon on the north side of the island; that they immediately went to the high land to the north of the town, and there saw two steamships, one in chase of the other, the outer ship discharging guns very rapidly at the ship that was nearest to the shore, both of which ships were approaching at full speed to the land; that the ship nearest the land was an unarmed vessel, and the vessel chasing her was a vessel-of-war; the unarmed vessel having arrived within three hundred yards of the beach, changed her course and skirted along the land, at no time being four hundred yards from it; that the vessel-of-war also changed her course, and having arrived within a distance of at most half a mile from the other ship, continued for at least an hour and a half to discharge without cessation shot and shell, which from time to time passed over the inner ship and struck and exploded upon the land; that many of the shot so discharged as aforesaid fell within a distance of one hundred yards from the dwelling-houses in the town at James Cistern, and caused great destruction among the trees and wood in the neighborhood. And the inhabitants of the town fearing that their houses would be struck by the shot and that some of them would be killed, they quitted the town and took refuge under the hills until the firing had ceased.
his
CLINTON + JOHNSON.
mark.
Declared to, at Nassau, this sixth day of June, A. D. 1863, before me.
[seal.]
No. 9.
Bahama Islands, New Providence:
Know all men by these presents, that on this sixth day of June, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lock-hart Burnside, a notary public, by lawful authority appointed, duly admitted [Page 427] and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared Daniel Trigg and Hardin B. Little-page, at present of the city of Nassau, in the island of New Providence, gentlemen, who did solemnly declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases—that they, the declarants, were passengers on board the steamship Margaret and Jessie, which sailed from the port of Charleston on the twenty-seventh day of May last, bound for this port of Nassau; that having heard read over to them the declaration of Robert 0. Foute, they can personally testify that everything therein contained is just and true, these declarants having been eye-witnesses to all the occurrences therein detailed and set forth, with the exception of the officers in the boats being in the uniform of the navy of the United States of America, which the said Daniel Trigg did not himself see.
DANIEL TRRIGG.
H. B. LITTLEPAGE.
Declared to, at Nassau this sixth day of June, A. D. 1863.
[seal.]
No. 10.
Bahama Islands, New Providence:
Know all men by these presents, that on this eighth day of June, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, came and appeared Fenn Peck, at present of the island of New Providence, master mariner, and Mathew Morris Kerr, also at present of the island of New Providence, merchant, who did solemnly declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases—that they sailed as passengers on board the steamship Margaret and Jessie from Charleston on the twenty-seventh of May last, bound to Nassau; that on Saturday morning, when about twenty-five miles from the main land of Eleuthera, one of the Bahama islands, a vessel-of-war gave chase to them, but that, as the Margaret and Jessie was put at full speed for the land, the pursuing vessel did not gain upon her until about noon j the Margaret and Jessie was then distant from Eleuthera about five miles, and the war vessel astern of the Margaret and Jessie about four miles; she opened fire upon the Margaret and Jessie, but at first the shot fell short, but as the Margaret and Jessie neared the land and became hemmed in by it, the shot from the war vessel, which had gradually neared the Margaret and Jessie, fell thickly around her; that the Margaret and Jessie was then taken to within four hundred yards of the shore, notwithstanding which the war vessel, which had now approached within a mile of her, continued to pour shot and shell and what appeared to be grape and canister into the Margaret and Jessie; that the Margaret and Jessie continued at such distance of four hundred yards for a period of an hour and a half at the very least, during all which time the war vessel, which was not at any time a mile distant, continued incessantly discharging shot, shell, and what appeared to be grape and canister at the Margaret and Jessie; that during this latter time the Margaret and Jessie frequently took the ground, until a spherical seven-inch shot struck her, which disabled her, caused her immediately to take the ground, fill with water, and sink, she then being not four hundred yards from the beach, so near, in fact, that persons on the [Page 428] beach could converse with persons on board the said vessel; that so soon as this occurred the vessel-of-war, which was at this time coasting along with the Margaret and Jessie, headed to sea, and having steamed out for a short time came to anchor, and the parties on board the Margaret and Jessie, observing that boats were about to be sent from her, and fearing that, although within neutral territory, they would be made prisoners, they quitted the Margaret and Jessie, and landed on the shore, and armed boats were seen to quit the war vessel and proceed towards the Margaret and Jessie; that the said declarant, Fenn Peck, found that only eight minutes and a half had elapsed from the time these armed boats quitted the war vessel until they arrived at the Margaret and Jessie; and that in these boats were officers dressed in the uniform of the navy of the United States of America; and having rowed round the Margaret and Jessie, they returned to the vessel-of-war, which remained at anchor until dark, after which she was no more seen.
FENN PECK.
M. M. KERR.
Declared to, at Nassau, this eighth day of June, A. D. 1863, before me.
[seal.]
No. 11.
Bahama Islands, New Providence:
Know all men by these presents, that on this twelfth day of June, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lock-hart Burnside, notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared William Wilson, the master of the confederate steamship Margaret and Jessie, and Peter Skues, the chief engineer of the said ship, who, of their own free will, did solemnly declare—such declaration being made in pursuance of the laws of the. Bahamas for substituting a declaration in lieu of an oath in certain cases—that the pieces of iron hereto attached are the parts of the steamship Margaret and Jessie which were struck by the shell thrown from an American vessel-of-war, causing the Margaret and Jessie to sink on the north side of the island of Eleuthera, and the shell also hereto attached is the shell which struck and entered the vessel; that this shell passed through the skin of the ship of plate-iron half an inch thick, and then struck the angle-iron and framing, which it bent and shattered as they appear attached hereto; that this angle-iron was torn away from its position in the ship by the shell which passed through the coal-bunkers, also of plate-iron, a quarter of an inch thick, and then struck the boiler, which it fractured and made a hole through, from which water and steam escaped and scalded one of the engineers, and caused every one to escape from the engine-room.
And the said Peter Skues, for himself, declares that the escape of steam was so great that it became impossible for any one to enter the engine-room to stop the engines, and consequently the engines, although the vessel was on the ground, continued to work until the whole of the steam had escaped, and the ship’s fires had been put out by the water which entered from the hole in the side of the ship.
WILLIAM WILSON.
PETER SKUES.
Declared to, at Nassau, this twelfth day of June, A. D. 1863, before me.
[seal.]
No. 12.
Bahama Islands, New Providence:
We, the undersigned ship-builders, engineers, and shipmasters, having been called upon, at the instance of the owners of the confederate steamship Margaret and Jessie, lately damaged and injured by shell shot from an American vessel-of-war, and thereby sunk on the north side of the island of Eleuthera, to examine and survey the said ship as she now lies in the harbor of Nassau, and to report on the injuries she has sustained, and the estimated cost of such repairs as would be necessary, have now the honor to report, that having gone on board the said steamship we carefully examined her, and found that the steamship had been struck by a shell on the forward side of the paddle-wheel, on the starboard side, but which had not passed into the ship; that another shell had struck the ship on the starboard side, abaft the paddle-shaft, had passed through the side and carried away the angle-irons and struck against the boiler, which it fractured, and greatly deranged the machinery; that in consequence of the vessel lying upon the ground, where she was full of water, she had become greatly strained; wherefore we recommend that the engines be taken apart in order that the sole-plate may be carefully examined; that the pipe and boiler be made good; that the plates of iron which have been broken by the shot passing through be renewed, and the ship refastened where it is required; that in consequence of the great strain to which the ship has been subjected, that she be thoroughly overhauled, and the deck recalked and secured; and as there are no appliances in Nassau by which these repairs could be effected, we recommend that she be taken to some port where she could be docked. And we estimate the probable cost of the repairs which we have reported to be necessary at fourteen thousand pounds sterling.
Witness our hands and seals this eleventh day of June, A. D. 1863.
[seals.]
FENN PECK, Late Master Steamship Leopard.
T.J. WATERS, Commanding Steamship Flora.
J. J. FINLAYSON,
JAMES H. HOOD, Steamship Engineers.
Declared to, this eleventh day of June, A. D. 1863, before me.
Surveyors’ fee, £2 2s each.
No. 13.
Bahama Islands, New Providence:
Know all men by these presents, that on this second day of July, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lock-hart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared John B. Lafitte, of the island of New Providence, merchant the agent of the owners of the confederate steamship Margaret and Jessie, and the Hon. George David Harris, of the said city, merchant, and one of the firm of Henry Adderly & Company, merchants, the consignees of the said steamship, who did solemnly declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases—
[Page 430]That these declarants have great knowledge and experience in matters relating to shipping transactions between this port of Nassau and the Confederate States of America.
And these declarants do further declare, that the current rate of freight in a steamship from the port of Nassau to a confederate port is sixty pounds sterling per ton, and that the rate of freight in the steamship Margaret and Jessie from the port of Nassau to a confederate port has never been less than sixty pounds sterling per ton, payable in advance at the port of Nassau, ship lost or not lost, and that more freight for each voyage could have been obtained than was required.
And these declarants did further declare, that the rate of freight chargeable upon small quantities of cotton shipped from the ports of the confederacy to the port of Nassau is five pence sterling per pound weight, but small quantities of cotton are only carried as a special favor, and not as an ordinary shipment, and that for large quantities of cotton the rate of ten pence sterling per pound weight has frequently been offered, and could easily be obtained as freight.
And these declarants did further declare, that the net registered British tonnage of the said steamship Margaret and Jessie was three hundred and twelve tons, as appears by the certificate of her British registry; and that the net registered confederate tonnage of the said steamship is seven hundred and thirty-two tons, as appears by her confederate register.
JOHN B. LAFITTE.
GEORGE D. HARRIS.
Declared to at Nassau this second day of July, A. D. 1863.
[seal.]
No. 14.
Bahama Islands, New Providence:
Know all men by these presents, that on this second day of July, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared the Hon. George David Harris, of the said city of Nassau, merchant, one of the firm of Henry Adderly & Company, merchants of the said city of Nassau, who did declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases.—
That he, the declarant, is a member of the mercantile firm of Henry Adderly &; Company, of this city of Nassau, and the firm of which he is a member were the consignees of the confederate steamship Margaret and Jessie, on a voyage of the said steamship during the month of May last, from, the port of Charleston, in the Confederate States of America, to this port of Nassau, in the prosecution of which voyage the said steamship was sunk on the north side of the island of Eleuthera, one of these islands, she being then laden with a cargo of cotton.
That as such consignee as aforesaid, the mercantile house of Henry Adderly & Company received in the regular order of mercantile transactions the invoices and bills of lading of the cargo of cotton so laden on board of the said steamship, from which it appears that the said cargo consisted of twenty-eight bales of sea island cotton, weighing eight thousand four hundred and eighty-two pounds, and the cost thereof in Charleston seventeen thousand one hundred and twenty-three dollars and sixty-three cents; seven hundred and twenty-eight bales of [Page 431] upland cotton, weighing three hundred and sixty thousand five hundred and four pounds, and the cost thereof in Charleston one hundred and forty-nine thousand and sixty-four dollars fourteen cents; making in all the gross weight of cotton shipped as aforesaid three hundred and sixty-eight thousand nine hundred and eighty-six pounds, which cost the total sum of one hundred and sixty-six thousand one hundred and eighty-seven dollars seventy-seven cents.
No. 15.
Bahama Islands, New Providence:
Know all men by these presents, that on this second day of July, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared John B. Lafitte, merchant of this city of Nassau, who did solemnly declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases.—
That he, the declarant is the agent at Nassau for the owners of the confederate merchant steamship Margaret and Jessie, formerly the British steamship Douglas. That the said steamship cleared from this port of Nassau on the twenty-third day of January last past, William Wilson being the master, for the port of St. John, New Brunswick; but, as this declarant verily believes, proceeded direct for the port of Charleston, in the State of South Carolina, one of the ports of the Confederate States of America, declared to be blockaded by the United States of America, and duly arrived at the said port of Charleston. That at the said port of Charleston the said steamship was registered in the name of George Alfred Trenholm, a citizen of the said Confederate tates, as the owner of her, and her name was changed from the Douglas to the Margaret and Jessie.
And this declarant further declares that the said steamship was employed in making regular voyages between this port of Nassau and the blockaded ports of the confederacy, and cleared from this port of Nassau for the port of St. John, New Brunswick, on the following days, viz:
On the 23d day of January, 1863; on the 23d day of February, 1863; on the 21st day of March, 1863; on the 18th day of April, 1863; on the 16th day of May, 1863.
That on quitting the port of Nassau on each of the days last above named, the said steamship proceeded at once for a blockaded port in the confederacy, at which she duly arrived and returned at once with cargoes of cotton to this port of Nassau, at which port she duly entered on the days and with the cargoes, following, that is to say: On the 17th day of February, 1863, from the port of Charleston, with a cargo of 592 bales cf cotton; on the 14th day of March, 1863, from the port Charleston, with a cargo of 861 bales of cotton; on the 11th day of April, 1863, from the port of Charleston, with a cargo of 821 bales of cotton; on the 11th day of May, 1863, from the port of Wilmington, with a cargo of 684 bales of cotton; on the 3d day of June, 1863, from the port of Charleston, with a cargo of 756 bales of cotton. All which cargoes of cotton were duly landed and delivered at this port of Nassau in good and merchantable condition except the last, which was damaged.
[Page 432]And this declarant further declares, that on each of the above named voyages from this port to the blockaded ports of the confederacy, the said steamship Margaret and Jessie was laden to her full capacity with an assorted cargo of valuable merchandise, a large portion of which was shipped by this declarant, consigned to the port of Charleston or Wilmington; and that on each voyage, he, the declarant, wrote letters directed to the said George Alfred Trenholm, and other persons in the confederacy, all which letters were duly received and answered by the parties to whom they were addressed, and acknowledgments of the receipt of the goods shipped by the Margaret and Jessie also given to this declarant, from which and other conclusive circumstances this declarant can declare that the said steamship did enter the port of Charleston on four different voyages in the present year, as hereinbefore is set forth, and did enter the port of Wilmington on one voyage in the present year, as is also set forth, and did at those ports respectively take on board the respective cargoes of cotton which were delivered to this port of Nassau.
J. B. LAFITTE.
Declared to, at Nassau, this second day of July, A. D. 1863, before me.
[seal.]
[Untitled]
Bahama Islands, New Providence:
To all to whom these presents shall come: I, Bruce Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, do hereby certify the foregoing to be true copies of notarial declarations, duly made and declared before me by the parties within named, and also of a protest duly noted before me, and a certificate of survey also made and declared before me by the parties therein named, as the same remain of record in my official notarial record-books page 138 to page 174, and page 184 to page 194.
[seal.]
[Untitled]
Bahama Islands, New Providence:
To all to whom these presents shall come: I, Charles Rogers Nesbitt, colonial secretary for these Bahama islands, do hereby certify that Bruce Lockhart Burnside, who attests as a notary public the foregoing paper writings, is in truth and in fact a notary public, duly authorized and empowered, and that all faith and credit is, and ought to be, given to his acts and deeds as such.
[Untitled]
Bahama Islands :
By his excellency Charles John Bayley, esquire, companion of the most honorable Order of the Bath, governor, and commander-in-chief in and over the said islands, chancellor, vice-admiral, and ordinary of the same.[seal.]
[Page 433]To all to whom these presents shall come greeting: Be it known that the honorable Charles Rogers Nesbitt, by whom the annexed certificate is subscribed, was, on the day of the date thereof, and now is, colonial secretary for the said Bahama islands; therefore, all due faith and credit are and ought to be had and given to the said annexed certificate.
In testimony whereof, I have caused the seal of the said islands to be hereunto affixed, at Nassau, N. P., this third day of July, A. D. 1863, and in the twenty-seventh year of her Majesty’s reign.
By his excellency’s command: C. R. Mesbitt, Colonial Secretary.
No. 16.
Bahama Islands, Eleuthera:
Be it remembered that on this fourth day of June, in the year of our Lord one thousand eight hundred and sixty-three, 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, William Hanna, of James’s Point, in the island of Eleuthera, one of the said Bahama islands, farmer, who, of his own free will and accord, solemnly declared (such declaration being made in pursuance of the laws of the Bahama islands for substituting a declaration in lieu of an oath in certain cases) in manner following, that is to say:
I reside at James’s Point, a settlement on the island of Eleuthera, one of the Bahama islands. I am a farmer, but occasionally go to sea. The settlement of James’s Point is bounded on the north and south by the sea, being about two miles in width, that is, from north to south.
On Saturday morning past, the thirteenth day of May last, I left my residence at James’s Point in my boat, on the south side of the settlement, for the purpose of fishing. Thomas Mackey, a resident of the said settlement, went with me. After fishing for some time we started on our return home. When we were about a mile from the settlement I heard the reports of several heavy guns, the same seeming to be fired from a northeasterly direction. When about two hundred yards from the place where I intended to land in order to proceed to my house, I heard the report of a gun, and about five or six seconds after a cannon shot went past the boat in which we were, and fell in the water (having come across the land in a northeasterly direction) about thirty yards from a boat in which one Theodore Cuvillier, of the same settlements, was.
I landed at the settlement about three o’clock on this day, Saturday, the thirteenth, and on landing was informed that a steamer was on shore on the northern side of the settlement. Upon hearing this, I climbed to the roof of my house, which is about thirty-five feet from the ground, and on looking across the land to the northern side of the settlement I saw two steamers, one of them being ashore on a reef a few hundred yards from the shore, and the other lying to, about three hundred yards from the one on shore, with an American flag flying from her main peak. The steamer on shore had no flag flying.
I then came down from the roof of my house and proceeded, in company with several others, to the beach on the northern side of the settlement, where I found two ladies and several gentlemen who had just landed from the steamer on shore on the reef. The captain, mates, and crew of the said steamer landed while I was there.
[Page 434]After I had been on the beach about two hours, two boats put off from the steamer with the American flag flying, and came to the steamer on shore, rowed around her and then returned. Both of these boats had American flags in their sterns. An officer was in each boat, having gold lace on his cap and gold buttons on his coat. There were guns on board of the steamer with the American flag flying. I could see them run out through the port-holes in her side. I could plainly see the men moving about her deck. I should say she was about six or eight hundred yards from the shore. She remained in the position and place that I have described until dark. I did not notice when she left.
his
WILLIAM + HANNA.
mark.
Declared to before me this fourth day of June, A. D. 1863.
No. 17.
Bahama Islands, New Providence:
Be it remembered that on this 4th day of June, in the year of our Lord one thousand eight hundred and sixty-three, personally came and appeared before me, Ormond Drimmie Malcolm, a 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 Cuvillier, 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 thirtieth 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 side, 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 sea I saw two steamers; one of them having paddle-boxes was steaming down outside of a reef which is about three hundred 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 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 [Page 435] 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. The steamer that was lying to had an American flag flying. I do not know when she left.
his
THEODORE + CUVILLIER.
mark.
Declared to before me this fourth day of June, A. D. 1863.
No. 18.
Bahama Islands, Eleuthera:
Be it remembered that on this fourth day of June, in the year of our Lord one thousand eight hundred and sixty-three, personally came and appeared before me, Ormond Drimmie Malcolm, a 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, Thomas Mackey, 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: On Saturday morning last, the 30th day of May past, I was out fishing on the southern side of the settlement called James’s Point, on the island of Eleuthera. I am a resident of the settlement. I was out fishing with William Hanna, another resident of the settlement. Just as we started to return home, about one o’clock, I heard the reports of several heavy guns. The sound came from the northeast, across the island of) Eleuthera. When the boat was about three miles from the settlement, and about half a mile from the shore on the southern side, I heard the report of another gun, and saw a cannon shot come over and fall on the land. We kept on in the boat, and when about half a mile from the settlement I again heard the report of a gun, and saw a cannon shot fall in the water about sixty or seventy yards ahead of the boat in which we were, and very near a boat in which Theodore Cuvillier, of the same settlement, was. After I landed from fishing I walked over to the beach on the northern side, which beach is about two miles from the southern shore. Upon reaching there, I saw a steamer on the reef about four hundred yards from the shore. I also saw a steamer lying to outside of the reef, about six or seven hundred yards from it. She had an American flag flying. I could see guns on board of her run out through the port-holes. I saw two boats come from her and row around the steamer that was on shore. Officers were in those boats. They had gold lace around their caps. The steamer left about eight o’clock that night.
THOMAS MACKEY.
Declared to before me this fourth day of June, A. D. 1863.
No. 19.
Bahama Islands, Eleuthera:
Be it remembered, that on this fourth day of June, in the year of our Lord one thousand eight hundred and sixty-three, personally came and appeared [Page 436] 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, Samuel Mackey, 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 for substituting a declaration in lieu of an oath in certain cases—in manner following, that is to say :
I am a planter and reside at James’s Point, in the island of Eleuthera, one of the Bahama islands. On Saturday, the thirtieth day of May last past, I was out fishing on the southern side of the settlement. The settlement is about two miles wide from north to south. While out fishing I heard the report of several heavy guns from the northeast. On returning to the shore, being about three yards from it, I heard the report of a gun, and saw a cannon ball fall on the land in the middle of the settlement where the houses are built. I found a portion of the shot to-day, in the place where I saw it fall.
his
SAMUEL + MACKEY
mark.
Declared to before me this fourth day of June, A. D. 1863.
No. 20.
Bahama Islands, Eleuthera:
Be it remembered, that on this fourth day of June, in the year of our Lord one thousand eight hundred and sixty-three, 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, Jane Hanna, of James’s Point, in the island of Eleuthera, one of the said Bahama islands, who of her 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 James’s Point, in the island of Eleuthera. On Saturday, the thirtieth day of May last, I was in my house at James’s Point, when I heard guns firing from the sea. I looked out of the door of my house, the northern one; the house is on a hill, about two miles from the shore, on the north side of the settlement I can see the sea from the door. I saw a steamer passing up along the shore, firing guns. I left my house arid went on a hill near, when I saw another steamer ahead, at which the other was firing. I watched them for some time, when the inner steamer turned and came down. I then saw the one that had been firing also turn and commence to fire at her. Several of the shot I saw fall on the land. I entered my house, when I heard the report of a gun and something struck on the roof of the house. I looked out of the door and saw the steamer that had been firing before opposite my house, and clouded with smoke.
I went over to the northern shore in the evening and saw one of the steamers on shore, and the other, the one that had been firing guns, lying to outside of her, with a flag flying. I do not know the flag, of what nation it was. It had red and white stripes.
JANE HANNA.
Declared to before me, this fourth day of June, A. D. 1863.
No. 21.
Bahama Islands, New Providence:
Be it remembered, that on this tenth day of June, in the year of our Lord one thousand eight hundred and sixty-three, 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, Charles Rutledge Burnside, of the city of Nassau, in the island of New Providence, gentleman, 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: That he, declarant, was, on the 4th day of June instant, at a town on the island of Eleuthera, known as James’s Cistern, in the vicinity of James’s Point; that the declarant had heard that shot and shell thrown from a vessel-of-war on the north side of the island had struck the ground, near the town, and Samuel Mackey, a resident of the town, pointed out to him at a distance of about two hundred yards from the dwelling-houses in the town the trees which had been destroyed and the marks on the earth and stones caused by the missiles which had struck them; that the declarant while inspecting the spots pointed out by the said Samuel Mackey picked up the smaller of the two pieces of shell hereto attached, and Samuel Mackey also picked up in the presence of this declarant the other piece; that both of such pieces remained in the possession of this declarant, and were by him delivered to the notary public to be attached to this declaration, which he, the notary, has done in the declarant’s presence.
C. R. BURNSIDE.
Declared to before me this tenth day of June, A. D. 1863.
ORMOND D. MALCOLM, Notary Public, Bahamas.
Bahama Islands, New Providence :
To all to whom these presents shall come: I, 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 aforesaid, do hereby certify that the annexed paper writings are true copies of notarial declarations made before me by the several parties therein respectively named, as the same remain of record in my notarial register-book A, pages 9 to 25.
In testimony whereof, I have hereunto set my hand and seal notarial, the second day of July, in the year of our Lord one thousand eight hundred and sixty-three.[seal.]
ORMOND D. MALCOLM, Notary Public, Bahamas.
Bahama Islands, New Providence:
To all to whom these presents shall come: I, Charles Rogers Nesbitt, colonial secretary of the Bahama islands, do hereby certify that Ormond Drimmie Malcom, who attests the foregoing paper writings as a notary public, is in truth and in fact a notary public of the said Bahama islands, and that all due faith and credit are and ought to be given to his acts and deeds as such.
In testimony whereof, I have hereunto set my hand this second day of July, in the year of our Lord one thousand eight hundred and sixty-three.
C. R. NESBITT, Colonial Secretary.
[Page 438]Bahamas Islands:
By his excellency Charles John Bayley, esquire, companion of the most honorable Order of the Bath, governor and commander-in-chief in and over the said islands, chancellor, vice-admiral, and ordinary of the same.[seal.]
To all to whom these presents shall come: Be it known that the honorable Charles Rogers Nesbitt, by whom the annexed certificate is subscribed, was on the day of the date thereof, and now is, colonial secretary for the said Bahama islands: therefore, all due faith and credit are, and ought to be, had and given to the said annexed certificate.
By his excellency’s command: C. R. Nesbitt, Colonial Secretary.
No. 22.
Bahama Islands, New Providence:
Know all men by these presents, that on this twelfth day of June, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared William Wilson, the master of the confederate steamship Margaret and Jessie, and Peter Skues, the chief engineer of the said ship, who, of their own free will, did solemnly declare— such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases—that the pieces of iron hereto attached are the parts of the steamship Margaret and Jessie which were struck by the shell thrown from an American vessel-of-war, causing the Margaret and Jessie to sink on the north side of the island of Eleuthera; and the shell, also hereto attached, is the shell which struck and entered the vessel. That this shell passed through the skin of the ship, of plate-iron half an inch thick, and then struck the angle-iron and framing, which it bent and shattered, as they appear attached hereto; that this angle-iron was torn away from its position in the ship by the shell which passed through the coal bunkers, also of plate-iron quarter of an inch thick, and then struck the boiler, which it fractured and made a hole through, from which water and steam escaped and scalded one of the engineers and caused every one to escape from the engine-room.
And the said Peter Skues for himself declares that the escape of steam was so great that it became impossible for any one to enter the engine-room to stop the engines, and consequently the engines, although the vessel was on the ground, continued to work until the whole of the steam had escaped and the ship’s fires had been put out by the water, which entered from the hole in the side of the ship.
WM. WILSON.
PETER SKUES.
Declared to, at Nassau, this twelfth day of June, A. D. 1863, before me.
[seal.]
No. 23.
Bahama Islands, New Providence:
Be it remembered, that on this tenth day of June, in the year of our Lord one thousand eight hundred and sixty-three, 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 aforesaid, Charles Rutledge Burnside, of the city of Nassau, in the said island of New Providence, gentleman, who of his own free will and accord did solemnly declare—such declaration being made in pursuance of the laws of the Bahama islands for substituting a declaration in lieu of an oath in certain cases—in manner following, that is to say:
That he, the declarant, was, on the fourth day of June, instant, at a town on the island of Eleuthera known as James’s Cistern, in the vicinity of James’s Point. That he, the declarant, had heard that shot and shell thrown from a vessel-of-war on the north side of the island had struck the ground near to the town, and Samuel Mackey, a resident of the town, pointed out to him at a distance of about two hundred yards from the dwelling-houses in the town, trees which had been destroyed, and the marks on the earth and stones caused by the missiles which had struck them. That the declarant, whilst inspecting the spots pointed out by the said Samuel Mackey, picked up the smaller of the two pieces of shell hereto attached, and Samuel Mackey also picked up, in the presence of the declarant, the other piece. That both of such pieces remained in the possession of this declarant, and were by him delivered to the notary public to be attached to this declaration, which he, the notary, has done in the declarant’s presence.
C. R. BURNSIDE.
Declared to before me this tenth day of June, A. D. 1863.
[seal.]
Claim of George Alfred Trenholm, of Charleston, S. C.,
Against the government of the United States of America, through the agencies and under the plighted guarantees assumed by her Britannic Majesty’s government in its recognition of the Confederate States as belligerents, and its avowal of neutrality in the contest between the said Confederate States and the said United States.
| £ | s. | d. | |
| Amount of salary and expenses paid by Messrs. Henry, Adderly & Co., as per their account marked A | 11,198 | 17 | 7 |
| Actual loss on cargo, as shown by statement marked B and the | 17,532 | 05 | 0 |
| Cost of repairs as estimated by board of surveyors, as shown by certified copy of survey | 14,000 | 00 | 0 |
| Loss of freight for one round voyage, as shown by statement C and accompanying documents | 26,407 | 04 | 2 |
| 69,138 | 06 | 9 |
No. 2—A.
The owners and others interested in steamship Margaret and Jessie, stranded at Eleuthera, To Henry Adderly Sr Co., Dr.
| £ | s. | d. | ||||||
| 1863. June 29. |
To paid | salvage and expenses instance court, vice admiralty | 6,848 | 7 | 3 | |||
| Proctor | 105 | 0 | 0 | |||||
| Registrar’s fees, decree and statement of salvage | 10 | 17 | 4 | |||||
| Curry hire of vessel to bring pilot and engi neers to Nassau | 7 | 12 | 0 | |||||
| Extra compensation to crew | 1,020 | 16 | 8 | |||||
| Extra compensation to Bahama pilot | 88 | 10 | 10 | |||||
| New Providence Asylum’s account vs. Thos. Russell, scalded by water escaped from boiler | 1 | 17 | 6 | |||||
| Dr. Chipman’s account, attendance on Thomas Russell | 9 | 11 | 3 | |||||
| Hire schooner Violin | 7 | 10 | 0 | |||||
| Charter steamer Raccoon, to proceed to wreck, including risk of capture | 1,500 | 0 | 0 | |||||
| O. D. Malcolm, notary public, bill for fees, &c, taking depositions and furnishing copies of same | 74 | 15 | 9 | |||||
| B. L. Burnside, attorney and notary public, bill of fees for preparing documents, &c., for claim | 233 | 2 | 6 | |||||
| Surveyor’s fees | 8 | 8 | 0 | |||||
| Our commission on disbursements | £9,916 | 9 | 1 | 495 | 16 | 6 | ||
| Our agency commission on gross sales at auction, say 5 per cent, on | 15,732 | 1 | 8 | 786 | 12 | 0 | ||
| 11,198 | 17 | 7 | ||||||
Received payment of
In the vice-admiralty court of the Bahamas.
| Benjamin Ingraham and others | } | Salvage. |
| vs. | ||
| The Confederate Steamship Margaret and Jessie, whereof William Wilson was master, her tackle, &c., her cargo, &c. |
Decree.
On the 30th of May last, the confederate sreamship Margaret and Jessie, with a cargo of 760 bales of cotton, having been chased and fired at by a United [Page 441] States cruiser, received a shot, which perforating her below the water-line, and injuring her boiler, she was, to save the ship and the lives of those on board of her, run ashore on a reef near James’s Point, on the north side of Eleuthera. The vessel immediately filled with water. The passengers and crew went on shore; a boat was despatched to Nassau to obtain assistance. On the evening of that day the promoter Stirrup arrived on the beach opposite the ship, which lay, it is stated, from 150 to 300 yards from the shore, and having obtained permission from the captain of the steamer, Stirrup and his party, amounting, it is alleged, to 100 men, commenced to unload the vessel, having first laid out an anchor to prevent the ship from running on the reef. The weather was moderate and the sea smooth, but this body of salvors, having no boats or vessels, threw the bales of cotton overboard, and rafted them to the shore by means of lines attached to them. They worked all night, and by next day, Sunday, the 31st, they had discharged all the cargo from the deck of the steamer and most of that from the hold.
The engineers of the ship having stopped the hole in the vessel which had been made by the shot, a large body of the promoters were, placed at the pumps, and another party baled out the ship by means of buckets. By that time they had been joined by six wrecking schooners from Harbor island, and a general consortship was entered into by all the parties.
About 6 p. m. of that day the vessel had been freed of much of the water that was in her, and a heavy anchor belonging to one of the wrecking schooners having been carried out with a hawser, the capstan was manned, and they succeeded in hauling the vessel off the reef. Having properly secured her, they continued through the night freeing her from water. The promoters, say that from the peculiar rig of the said steamship, the promoters were convinced that they could not bring her to Nassau under sail, and they again availed themselves of the services of the engineers of the ship to stop the hole in the ship’s boiler, the promoters agreeing, if they succeeded in so doing, to reward them for their services. At about 1 p. m. the following day the vessel was so far clear of water that they were enabled to make fires in the furnaces, and soon after having got up steam they shaped their course for Nassau, and arrived here on the morning of the 2d instant. Not wishing to delay the steamship in so dangerous a place as the north side of Eleuthera, they did not put the cotton in her there, but brought it down in the wrecking vessels and others obtained for the purpose. They mention that, fearing the Raccoon, a steamer which had been sent from Nassau to assist the Margaret and Jessie, and which they saw on the passage from Eleuthera, was a federal vessel-of-war in chase of them, they brought the steamer through some intricate channels to avoid the supposed danger, and brought her down through the same passage.
The circumstance of the Raccoon being sent to the assistance of the Margaret and Jessie was mentioned by the attorney general to show that even without the assistance of the wreckers the vessel would have been got off. I know an argument frequently used on the part of salvors is, that without their assistance the owners would have lost the whole of their property. This consideration certainly ought to have the effect of reconciling the owners to a liberal salvage remuneration being paid, but I hardly think it would be fair to make any diminution in the reward to be given to salvors because other means of assistance, of which neither party were aware, were at hand.
It is averred in the act or petition that the promoters employed agreed to remunerate the engineers of the vessel for repairing the injury both to the side of the vessel and to the boiler; and it is answered by the attorney general that no agreement of the kind appears in evidence, and that without the assistance of the engineers the promoters could not have saved the vessel.
I am inclined to think that the shot-hole in the bottom of the vessel might have been stopped by the promoters sufficiently to have got the vessel off and [Page 442] brought her to Nassau; but I do not beliere they could have repaired the boiler and worked the engines. However, whether they could or not, I cannot consider the repairs as having been made by them, or by any person employed by them. The engineers belong to the vessel. They are the servants of the owners of the vessel, and it is their bounden duty, without any extra reward, to do all that may be in their power to save the ship to which they belong, as long as any part of her holds together. They could not; without a gross dereliction of duty, have refused to make these repairs. If the salvors think proper to make them any present out of their salvage reward, that is a matter with which the court have nothing to do. The repairs, then, were made by the servants of the owners of the steamship, and the work performed by the promoters was the unlading of the ship, pumping out the water, hauling her off the reef, piloting her to Nassau, and bringing the cargo in other vessels to this port. No doubt, where the steamer lay on the north side of Eleuthera, she was in a situation of much danger. Had any bad weather occurred, or a heavy surf set in, she would in all probability have been beaten to pieces. The salvors, therefore, deserved credit for. the promptitude and energy with which they unloaded and pumped her out, though that, of course, was as much for their own interest as that of the owners of the property.
It was stated by the counsel of the promoters that, under the circumstances of this case, reparation would no doubt be made by the American government for the injury done.
I express no opinion on this point, but I think it would manifestly be unfair to the owners in the slightest degree to augment the salvage remuneration on the bare possibility of their being reimbursed in the way alluded to. The value of the ship is estimated at £12,000. The cargo consisted of 760 bales of cotton. The value of this, as has been estimated by return of the commissioner of sales, is 6614,630 5s 0d, making a total of £26,630 5s 0d.
One hundred men are said to have been employed from the shore, and six vessels are named, but the number of seamen they contained is not mentioned, nor the tonnage given, by which I might have calculated the number of men in each crew. From the wrecking act, I have supposed the whole may have been about seventy. I consider this as but a case of ordinary salvage, under all the circumstances. On this amount I think twenty-five per cent, a fair remuneration. The wreck master did not arrive until a considerable portion of the cargo had been landed. I award him £10, costs as usual.
I would have made a distinction between the property saved by the shore people and that saved by the wreckers; but inasmuch as the saved by each party is not specified, and a general consortship was entered into, I do not think that now necessary. They must arrange their respective proportions among themselves.
In the vice-admiralty court of the Bahamas.
| Benjamin Ingraham and others | } | Salvage. |
| vs. | ||
| The Confederate Steamship Margaret and Jessie, whereof William Wilson was master, her tackle, &c., her cargo, &c. |
I, Joshua Anderson Brook, registrar of the vice-admiralty court of the Bahamas, do hereby certify that the foregoing contains a correct copy of the interlocutory decree pronounced in the above case by the honorable the judge on the twenty-ninth day of June, in the year of our Lord one thousand eight hundred and sixty-three.
[Page 443]In the vice-admiralty court of the Bahama.
| Benjamin Ingraham and others | } | Salvage. |
| vs. | ||
| The Confederate Steamship Margaret and Jessie, whereof William Wilson was master, her tackle, &c., her cargo, &c. |
STATEMENT.
| Agreed value of vessel | £12,000 | 0 | 0 |
| Net sales of cargo | 14,630 | 5 | 0 |
| 26,630 | 5 | 0 | |
| Salvage of cargo | 6,657 | 11 | 8 |
COSTS.
| Judge | £12 | 4 | 0 | |||||||
| Surrogate | 1 | 12 | 0 | |||||||
| Registrar | £16 | 5 | 6 | } | 73 | 3 | 1 | |||
| Registrar’s poundage | 56 | 17 | 7 | |||||||
| Marshal | 11 | 10 | 8 | |||||||
| Promoter’s proctor | 72 | 4 | 8 | |||||||
| Respondent’s promoter | 69 | 5 | 4 | |||||||
| Crier | 1 | 1 | 0 | |||||||
| Of this | £241 | 0 | 9 | |||||||
| 25 per cent., payable by promoters | 60 | 5 | 2 | |||||||
| £180 | 15 | 7 | ||||||||
| 6,838 | 7 | 3 | ||||||||
| Wreck master’s fee | 10 | 0 | 0 | |||||||
| Total amount paid into court by respondents | 6,848 | 7 | 3 | |||||||
In the vice-admiralty court of the Bahamas.
| Benjamin Ingraham and others | } | Salvage. |
| vs. | ||
| The Confederate Steamship Margaret and Jessie, whereof William Wilson was master, her tackle, &c., her cargo, &c. |
I, Joshua Anderson Brook, register of the vice admiralty court of the Bahamas, do hereby certify that the foregoing contains a true statement of the amount of salvage and proportion of expenses paid into court by the respondents in the above case.
[Page 444]No. 5—B.
Statement of loss sustained on cargo of steamship Margaret and Jessie, by damage caused by the sinking and stranding of said steamship :
| Value of said cargo in Nassau, if landed in good order, as shown by the declaration of Hon. George D. Harris | £32,162 | 10 | 0 |
| Less net proceeds of sales at auction, as per accompanying account sales | 14,630 | 5 | 0 |
| Actual loss | 17,532 | 5 | 0 |
No. 6.
Bahama Islands, New Providence:
Know all men by these presents, that on this second day of July, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared the honorable George David Harris, of the said city of Nassau, merchant, one of the firm of Henry Adderly and Company, merchants of the said city of Nassau, who did declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases-—
That the declarant is a member of the mercantile firm of Henry Adderly and Company, of the city of Nassau, and the firm of which he is a member were the consignees of the confederate merchant steamship Margaret and Jessie, on a voyage of the said steamship during the month of May last, from the port of Charleston, in the Confederate States of America, to this port of Nassau, in the prosecution of which voyage the said steamship was sunk on the north side of the island of Eleuthera, one of these islands, she being then laden with a cargo of cotton. That as such consignees as aforesaid, the mercantile house of Henry Adderly and Company received in the regular order of mercantile transactions the invoices and bills of lading of the cargo of cotton so laden on board of the said steamship, from which it appears that the said cargo consisted of twenty-eight bales of sea island cotton, weighing eight thousand five hundred and eighty-two pounds, and the cost thereof in Charleston seventeen thousand one hundred and twenty-three dollars and sixty-three cents; seven hundred and twenty-eight bales of upland cotton, weighing three hundred and sixty thousand five hundred and four pounds, and the cost thereof in Charleston one hundred and forty-nine thousand and sixty-four dollars and fourteen cents; making in all the gross weight of cotton shipped as aforesaid three hundred and sixty-eight [Page 445] thousand nine hundred and eighty-six pounds, which cost the total sum of one hundred and sixty-six thousand one hundred and eighty-seven dollars and seventy-seven cents.
GEORGE D. HARRIS.
Declared to, at Nassau, this second day of July, A. D. 1863.
[seal.]
B. L. BURNSIDE, Notary Public, Bahamas.
Bahama Islands, New Providence:
To all to whom these presents shall come: I, Charles Rogers Nesbitt, colonial secretary of the Bahama islands, do hereby certify that Bruce Lockhart Burn-side, who attests the foregoing declaration as a notary public, is in truth and in fact a notary public, duly authorized and empowered, and that all faith and credit is due and ought to be given to his acts and deeds as such.
In testimony whereof, I have hereunto set my hand at Nassau, this third day of July, A. D. 1863.
C. R. NESBITT, Colonial Secretary.
Bahama Islands:
By his excellency Charles John Bayley, esq., companion of the most honorable Order of the Bath, governor and commander-in-chief in and over the said islands, chancellor, vice-admiral and ordinary of the same. To all to whom these presents shall come, greeting: Be it known that the honorable Charles Rogers Nesbitt, by whom the annexed certificate is subscribed, was on the day of the date thereof, and now is, colonial secretary for the Bahama islands; therefore, all due faith and credit are and ought to be had and given to the said annexed certificate.
In testimony whereof, I have caused the seal of the said islands to be hereto affixed at Nassau, New Providence, this third day of July, A. D. 1863, and in the twenty-seventh year of her Majesty’s reign.
By his excellency’s command: C. R. Nesbitt, Colonial Secretary.
Sales at auction of cotton landed from steamship Margaret and Jessie, stranded at Eleuthera.
| 1863. | £ | s. | d. | |||||
| June 22. | By Saunders & Son, 41 bales upland cotton, | $90½ | 773 | 0 | 5 | |||
| By Saunders & Son, | 135 | do. | do. | 80 | 2,250 | 0 | 0 | |
| By J. Gr. Meadows & Co., | 64 | do. | do. | 113 | 1,506 | 13 | 4 | |
| By J. Gr. Meadows & Co., | 40 | do. | do. | 109½ | 912 | 10 | 0 | |
| By J. B. Lafitte, | 8 | do. | do. | 125 | 208 | 6 | 8 | |
| By J. Renouard & Co., | 160 | do. | do. | 87 | 2,900 | 0 | 0 | |
| By J. B. Lafitte, | 8 | do. | do. | 102 | 170 | 0 | 0 | |
| By G. Renouard & co., | 90 | do. | do. | 77½ | 1,453 | 2 | 6 | |
| By J. B. Lafitte, | 173 | do. | do. | 116 | 4,180 | 16 | 8 | |
| By J. Renouard & Co., 4 bales sea island cotton, | 97½ | 81 | 5 | 0 | ||||
| By J. Gr. Boyd, 1 lot upland cotton, | 1,000 | 208 | 6 | 8 | ||||
| By J. 0. Ranming, 9 sacks upland cotton, | 20 | 37 | 10 | 0 | ||||
| By Alex’r Johnson, 2 lots (1 bale) upland cotton. | 6¼ | 2 | 12 | 1 | ||||
| By J. B. Lafitte, 24 bales sea island cotton. | 205 | 1,025 | 0 | 0 | ||||
| By J.B. Lafitte, 2 sacks upland cotton. | 22 | 18 | 4 | |||||
| 15,732 | 1 | 8 | ||||||
Charges.
| To commission and tax, 5 per cent | £786 | 12 | 1 | |||
| To lighterage, labor-hire, stacking, and watching | 185 | 11 | 5 | |||
| To inspecting cotton | 36 | 3 | 0 | |||
| To wharfage and storage | 90 | 3 | 8 | |||
| To adverstising sale, bell and crier | 3 | 6 | 6 | |||
| 1,101 | 16 | 8 | ||||
| Net proceeds | 14,630 | 5 | 0 | |||
[No. 8, certificate of survey. See No. 12, preceding series.]
Statement of loss sustained by the steamship Margaret and Jessie, in consequence of the detention necessary to repair the damages sustained by being sunk and stranded.
This claim is made for one round voyage; whereas the time estimated by the board of survey as necessary to effect the repairs would justify a claim for two round voyages, which estimate is believed to be correct. Say:
| 312 tons freight from Nassau to a confederate port, payable in advance at current rate of £60 per ton | £18,720 | 0 | 0 |
| Freight on 368,986 pounds of cotton, at 5d | 7,687 | 4 | 2 |
| £26,407 | 4 | 2 |
No. 10.
Bahama Islands, New Providence:
Know all men by these presents, that on this second day of July, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lock-hart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared John B. Lafitte, merchant, of this city of Nassau, who did solemnly declare—such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases—that he, the declarant, is the agent at Nassau for the owners of the confederate merchant steamship Margaret and Jessie, formerly the British steamship Douglas; that the said steamship cleared from this port of Nassau on the [Page 447] twenty-third day of January last past, William Wilson being the master, for the port of St. John, New Brunswick, but, as this declarant verily believes, proceeded direct for the port of Charleston, in the State of South Carolina, one of the ports of the Confederate States of America, declared to be blockaded by the United States of America, and duly arrived at the said port of Charleston; that at the said port of Charleston the said steamship was re-registered in the name of George Alfred Trenholm, a citizen of the said Confederate States, as the owner of her, and her name was changed from the Douglas to the Margaret and Jessie.
And this declarant further declares that the said steamship was employed in making regular voyages between this port of Nassau and the blockaded ports of the confederacy, and cleared from this port of Nassau for the port of St. John, New Brunswick, on the following days, to wit: On the 23d day of January, 1863; on the 23d day of Februry, 1863 ; on the 21st day of March, 1863; on the 18th day of April, 1863; on the 16th day of May, 1863.
That on quitting the port of Nassau on each of the days last above named, the said steamship proceeded at once for a blockaded port in the confederacy, at which she duly arrived, and returned at once with cargoes of cotton to this port of Nassau, at which port she duly entered on the days and with the cargoes following, that is to say:
On the 17th day of February, 1863, from the port of Charleston, with a cargo of 592 bales of cotton ;
On the 14th day of March, 1863, from the port of Charleston, with a cargo of 861 bales of cotton;
On the 11th day of April, 1863, from the port of Charleston, with a cargo of 821 bales of cotton;
On the 11th day of May, 1863, from the port of Wilmington, with a cargo of 684 bales of cotton;
On the 3d day of June, 1863, from the port of Charleston, with a cargo of 756 bales of cotton.
All which cargoes of cotton were duly landed and delivered at this port of Nassau in good and merchantable order, except the last, which was damaged.
And this declarant further declares, that in each of the above-named voyages from this port to the blockaded ports of the confederacy, the said steamship Margaret and Jessie was laden to her full capacity with an assorted cargo of valuable merchandise, a large portion of which was shipped by this declarant, consigned to the port of Charleston or Wilmington; and that on each voyage he, the declarant, wrote letters directed to the said George Alfred Trenholm and other persons in the confederacy, all which letters were duly received and answered by the parties to whom they were addressed, and acknowledgments of the receipt of the goods shipped by the Margaret and Jessie also given to this declarant; from which and other conclusive circumstances this declarant can declare that the said steamship did enter the port of Charleston on four different voyages in the present year as hereinbefore is set forth, and did enter the port of Wilmington on one voyage in the present year as is also set forth, and did at these ports, respectively, take on board the respective cargoes of cotton which were delivered at this port of Nassau.
JNO. B. LAFITTE.
Declared to, at Nassau, this second day of July, A. D. 1863, before me.
[seal.]
B. L. BURNSIDE, Notary Public, Bahamas.
Bahama Islands, New Providence:
To all to whom these presents shall come: I, Charles Rogers Nesbitt, colonial secretary of the Bahama islands, do hereby certify that Bruce Lockhart Burnside, [Page 448] who attests the foregoing declaration as a notary public, is in truth and in fact a notary public, duly authorized and empowered, and that all faith and creditis due and ought to be given to his acts and deeds as such.
In testimony whereof, I have hereunto set my hand, at Nassau, this third day of July, A. D. 1863.
C. E. NESBITT, Colonial Secretary.
Bahama Islands :
By his excellency Charles John Bayley,esq., companion of the most honorable Order of the Bath, governor, and commander-in-chief in and over the said islands, chancellor, vice-admiral and ordinary of the same. To all to whom these presents shall come, greeting: Be it known that the honorable Charles Rogers Nesbitt, by whom the annexed certificate is subscribed, was, on the day of the date thereof, and now is, colonial secretary for the said Bahama islands; therefore, all due faith and credit are and ought to be had and given to the said annexed certificate.[seal.]
In testimony whereof, I have caused the seal of the said islands to be hereunto affixed, at Nassau, New Providence, this third day of July, A. D. 1863, and in the twenty-seventh year of her Majesty’s reign.
By his excellency’s command: C. R. Nesbitt, Colonial Secretary.
No. 11.
Bahama Islands, New Providence:
Know all men by these presents, that on this second day of July, in the year of our Lord one thousand eight hundred and sixty-three, before me, Bruce Lockhart Burnside, a notary public, by lawful authority appointed, duly admitted and sworn, residing and practicing in the city of Nassau, in the island of New Providence, personally came and appeared John B. Lafitte, of the island of New Providence, merchant, the agent of the owners of the confederate steamship Margaret and Jessie, and the Hon. George David Harris, of the said city, merchant, and one of the firm of Henry Adderly & Company, merchants, the consignees of the said steamship, who did solemnly declare (such declaration being made in pursuance of the laws of the Bahamas for substituting a declaration in lieu of an oath in certain cases) that these declarants have great knowledge and experience in matters relating to shipping transactions between this port of Nassau and the Confederate States of America.
And these declarants do further declare, that the current rate of freight in a steamship from the port of Nassau to a confederate port is sixty pounds sterling per ton, and that the rate of freight in the steamship Margaret and Jessie, from the port of Nassau to a confederate port, has never been less than sixty pounds sterling per ton, payable in advance at the port of Nassau, ship lost or not lost, and that more freight for each voyage could have been obtained than was required.
And these declarants did further declare, that the rate of freight chargeable upon small quantities of cotton shipped from the ports of the confederacy to this port of Nassau is five pence sterling per pound weight, but that small quantities of cotton are only carried as a special favor, and not as an ordinary shipment; and that for large quantities of cotton the rate of ten pence sterling per pound weight has frequently been offered and could easily be. obtained as freight.
[Page 449]And these declarants further declare, that the net registered British tonnage of the said steamship Margaret and Jessie was three hundred and twelve tons, as appears by the certificate of her British registry, and that the net registered confederate tonnage of the said steamship is seven hundred and thirty-two tons, as appears by her confederate register.
JOHN B. LAFITTE.
GEORGE D. HARRIS.
Declared to, at Nassau, this second day of July, A. D. 1863.
[seal.]
[Untitled]
Bahama Islands, New Providence:
To all to whom these presents shall come: I, Charles Rogers Nesbitt, colonial secretary of the Bahama islands, do hereby certify that Bruce Lockhart Bum-side, who attests the foregoing declaration as a notary public, is in truth and in fact a notary public, duly authorized and empowered, and that all faith and credit is due and ought to be given to his acts and deeds as such.
In testimony whereof, I have hereunto set my hand at Nassau this third day of July, A. D. 1863.
C. R. NESBITT, Colonial Secretary.
Bahama Islands:
By his excellency Charles John Bayley, esq., companion of the most honorable Order of the Bath, governor and commander-in-chief in and over the said islands, chancellor, vice-admiral, and ordinary of the same.[seal.]
To all to whom these presents shall come, greeting: Be it known that the honorable Charles Rogers Nesbitt, by whom the annexed certificate is subscribed, was on the day of the date thereof, and now is, colonial secretary of the Bahama islands; therefore all due faith and credit are and ought to be had and given, to the said annexed certificate.
In testimony whereof, I have caused the seal of the said islands to be hereunto affixed at Nassau, N. P., this third day of July, A. D. 1863, and in the twenty-seventh year of her Majesty’s reign.
By his excellency’s command:
C. R. Nesbitt, Colonial Secretary.
No. 12.
I, E. B. A. Taylor, acting receiver general and treasurer of the Bahamas, do hereby certify that the British steamship Douglas, of 312 tons net, or freight tonnage, Wilson, master, cleared at this office fur the port of St. John, N. B., on the twenty-third day of January, 1863, with an assorted cargo, and that she was entered at this office on the seventeenth day of February next following as having arrived from the port of Charleston, S. C, with a cargo of 592 bales of cotton, her name having been changed to the Margaret and Jessie, and her nationality changed, as was shown by a register issued out of the said port of Charleston, S. C.; further, that the said steamship Margaret and Jessie was [Page 450] cleared at this port for the port of St. John, N. B., on the following days, to wit: On the twenty-third day of February, 1863; twenty-first day of March, 1863; eighteenth day of April, 1863, and the sixteenth day of May, 1863— each time with an assorted cargo; and entered at this port as coming from the port of Charleston, S. C., on the following days, to wit: On the fourteenth day of March, 1863, with a cargo of 861 bales cotton; on the eleventh day of April, 1863, with a cargo of 821 bales cotton. From Wilmington, N. C.: On the eleventh day of May, 1863, with a cargo of 684 bales cotton; and on the third day of June, 1863, as coming from Charleston, S. C, with a cargo of 756 bales cotton.
[seal.]
- 38th Congress, 1st session, House Ex. Doc. No. 1, page 694.↩