Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part II
Mr. Burnley to Mr. Seward.
Sir: Since I had the honor of addressing you on the 31st August and 28th ultimo, relative to the sloop Racer, captured off Bull’s bay by the United States steamer Hope, I have seen Captain Russell at this legation, who informs me that himself and crew were released, and his ship’s papers returned to him.
These papers, which I herewith enclose in original, show that the vessel was registered at and owned by British subjects at Nassau.
I further enclose the affidavits of Captain Russell, his mate and crew, which tend to show that they were engaged on a legitimate voyage, in a neutral vessel, with registry and clearance perfectly legal and correct, having no cargo, or anything to excite even suspicion.
The detention for thirty-one days of the captain and crew appears to me, therefore, illegal, as no proceedings of any kind were taken before a prize court, and I am of opinion that their claims for compensation are entitled to consideration.
I beg you to return to me the affidavits and papers.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.
Affidavit of Captain Russell,.
United States of America, Southern District of New York, ss
Charles Anson Russell, of Perrysburgh, Nova Scotia, master mariner, being duly sworn, says:
That he is and was at the several times hereinafter mentioned a British subject, and resident of Nova Scotia as above stated. That on or about the 26th day of July, 1864, he left Abaco, bound for the port of Beaufort, North Carolina, by way of Port Royal; that deponent so left in command of the British sloop Racer, belonging to the port of Abaco.
That the said sloop was of the value of $1,250. That the said vessel had no cargo, and only ballast on board. That her crew consisted of this deponent, master, John Martin, of Ireland, mate, and two men. That he had on board provisions amounting in value to about $375. That the vessel when she so left Abaco belonged to and was the property of British subjects residing at Nassau, New Providence, the names of the owners being Otis Johnson & -Johnson, of Nassau, aforesaid. That the object of the voyage was to sell the vessel at Port Royal or Beaufort, and purchase another with the proceeds of said vessel, and the proceeds of two drafts of $1,000 each in gold. That the said drafts cost, at their rate of exchange in currency of the United States, 295 per cent., making the value of said drafts for use, when so coming from Nassau, the sum of $5,900. That the papers and documents of said vessel are hereto annexed and marked severally.
That the vessel so started from Abaco for Beaufort, via Port Royal, in good faith, and with no other destination, and duly proceeded on her said voyage, without any unnecessary delay, until the 1st day of August, 1864, when the said sloop Racer was taken by the United States schooner Hope, and detained as prize, against deponent’s protest.
That the vessel was towed off Charleston to the fleet there, and from there ordered to Beaufort, North Carolina. That the sloop Racer, after her capture, after being towed to Charleston by a steamer, was again towed to Beaufort; that she was a small vessel of about the tonnage of eighteen American tons; that the weather was heavy, and the effect of the towage was to strain the sloop, and otherwise injure her by collision with the steamer, breaking her bulwarks and knocking in her stanchions, and she also lost her anchor and chain.
That after the arrival of the vessel at Beaufort, the captain hauled her on the beach, and let her fall, breaking her keel, and otherwise further injuring her. That after a detention of the vessel in the possession of the captain until the 1st of September, she was released, the order of release being here annexed and marked.
That after such release, on examining his vessel, deponent found that, with the want of facilities at hand to repair, it would probably cost as much to repair the vessel at Beaufort as she would be worth repaired. That he further found that a part of the stores had been used and appropriated by the captors, amounting in value to $125, a statement of which is annexed and marked. That the effect of the detention was to decrease the value of the bills of exchange held by deponent the sum of $1,500. That in addition to the above losses the owner of the vessel was put to the loss of the use of said vessel during the said month the sum of $450. That the deponent was himself kept and detained as a prisoner during the said 31 days, 20 days he being confined on shore; and he claims, therefore, the sum of $100 per day. That the mate and two men attached to the vessel were also detained during the time deponent was detained. That no prize proceedings were had or attempted against said [Page 721] vessel, and no court existed at either Charleston or Beaufort to try her. That deponent is the agent of the said Otis Johnson & Brother, and authorized to act for them in regard to all the affairs of said sloop Racer.
[l. s.]
[Revenue stamp.]
The United States of America to Otis Johnson & Brother, Dr.
| To value of the sloop Racer, injured and beyond the value of repair by the capture by steamer | $1,250 00 |
| Detention of said vessel before loss, 31 days, at $1,500 per day | 465 00 |
| Value of provisions used or lost by captors from the vessel | 125 00 |
| Difference in exchange on drafts held by their agent while sloop Racer was detained | 1,500 00 |
| 3,340 00 |
Affidavit of John Martin.
United States of America, Southern District of New York, ss :
John Martin, of Ireland, Great, Britain, being duly sworn, says: That he is, and was at the several times hereinafter mentioned, a British subject. That on or about the 26th day of July, 1864, he left Abaco, bound for the port of Beaufort, North Carolina, by way of Port Royal. That deponent so left as mate of the British sloop Racer, belonging to the port of Abaco.
That the said sloop was, as deponent verily believes, of the value of $1,250 ; that the said vessel had no cargo, and only ballast on board; that her crew consisted of this deponent as mate, with Charles Anson Russell as captain and master, and two men; that she had on board provisions amounting in value to about $375; that the said sloop Racer started as aforesaid from Abaco for the port of Beaufort, and proceeded on her voyage without any unnecessary delay, until the 1st day of August, 1864, when she was taken by the United States schooner Hope, and detained as a prize against the protest of the captain and mate of said sloop. Deponent further says that said sloop was towed to off Charleston to the fleet there, and from there ordered to Beaufort, North Carolina. That the sloop Racer, after her capture, after being towed to Charleston by a steamer, was again towed to Beaufort. That being a small vessel of about the tonnage of eighteen American tons; that the weather was heavy, and the effect of the towage was to strain the sloop, and otherwise, injure her by collision with the steamer, breaking in her bulwarks and knocking in her stanchions; and she also lost her anchor and chain. That after the arrival of the sloop at Beaufort the captain hauled her on the beach, and let her fall on the beach, breaking her keel and otherwise further injuring her. Then after a detention of the vessel until the 31st of August she was released.
[Page 722]Deponent further says that the vessel was very much injured, and verily believes that it would have cost more to repair her there than she would have been worth after her repairs. That a part of the stores were taken and carried away and appropriated to the use of the captor. That the owners were put to the loss of the use of said sloop during the time of said detention, which, as deponent verily believes, amounted to the sum of $450. That deponent was kept and detained as a prisoner during the said 31 days, 20 days being confined on shore. Deponent further says that the captain and the two men were also imprisoned for the same length of time that deponent was. That no prize proceedings were had or attempted against said vessel, and deponent further says that the affidavit of Jacob Birt, hereunto annexed, is in all respects true.
[Revenue stamp.]
Affidavit of Jacob Birt.
United States of America, Southern District of New York, ss:
Jacob Birt, of Trieste, Austria, being duly sworn, says: That he was one of the crew on board the sloop Racer on her voyage from Abaco to the port of Beaufort, and when said vessel was seized by the United States schooner Hope. That he knows Charles Anson Russell, and knows that he was captain of said sloop Racer at the times mentioned in the annexed affidavit of said Captain Russell. Deponent further says that he has heard the annexed affidavit of said Charles Anson Russell read, and that he knows the contents thereof, and says that said affidavit is true in every particular, so far as it relates to the taking of the sloop Racer, and her capture and detention, and the length of time that she was detained, and the injuries which she received, and the imprisonment of the said captain; and deponent says that he was also detained the same length of time that the captain and others on board were; and he also knows about the stores being taken away from said vessel by her captors. Deponent further says that he is forty-one years of age, and that he understands the English language; and further says, that the sloop Racer did not have any cargo on board, and that she proceeded on her voyage without any unnecessary delay until her capture aforesaid.
[l. s.]
[Revenue stamp.]
Mr. Hendricks to Captain Russell.
Sir: I transmit herein the paper seized on board the sloop Racer on the 2d ultimo, off Bull’s bay, South Carolina, and do hereby release said sloop, her master and crew, from further custody.
I am, very respectfully, your obedient servant,
Captain C. A. Russell, Master of the Sloop Racer, Beaufort, North Carolina.
Certificate of clearance.
Port of Green Turtle Cay, Abaco, Office of Collector of Revenue.
These are to certify to all whom it doth concern that the British sloop Racer, whereof ------------ Russell is master, has been duly cleared at this office for Beau fort, in Port Royal, South Carolina, in ballast.
Agreement between the Captain, &c., of the Racer and her owner.
BAHAMA ISLANDS.
An agreement made pursuant to the directions of an act of assembly made and passed in the 2d year of the reign of her Majesty Queen Victoria the first between C. A. Russell, the master of the sloop Racer, of the port of Nassau, N. P.:
It is agreed by and on the part of the said persons as they severally hereby engage to serve on board the said sloop Racer in the several capacities against their respective names, expressed in a voyage from the port of Abaco, to Beaufort, S. C., via Port Royal, and back to the port of Abaco. But the said crew further engage to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties and stations, and to be obedient to the lawful commands of the master or other officers in everything relating to the said sloop, and the materials, stores, and cargo thereof, whether on board said sloop, in boats, or on shore.
In consideration of which services to be duly, honestly, carefully, and faithfully performed, the said master doth hereby promise and agree to pay the said crew by way of compensation or wages the amount against their names respectively expressed.
In witness whereof, the said parties have hereunto subscribed their names on the day against their respective signatures mentioned:
| Place and time of entry. | Men’s names. | Capacity. | Wages per month. | Money advanced. | Witness’s signature. |
| Abaco, July 27, 1864. | C. A. Russell | Master | Robert Curry. | ||
| John Martin. | Mate | $20 00 | $10 00 | Robert Curry. | |
| Jacob Birt | Seaman | 18 00 | 9 00 | Robert Curry. | |
| Benjamin Sanders. | Cook | 16 00 | 8 00 | Robert Curry. |
Note.—Any embezzlement, or wilful or negligent loss or destruction of the vessel, cargo, stores, may be made good to the owner out of the wages (so far as this will extend) of the seaman guilty of the same; and if any seaman shall enter himself as qualified to a duty to which he shall prove to be not competent he will be subject to a reduction of wages hereby agreed for in proportion to his competency.
Certificate of British Registry.
Official No. of ship, 49,143; date of registry, April 22, 1864; port, No. 52; name of ship, Racer; British or foreign built, foreign built; port of registry, Nassau, N. P.; how propelled, by sails; number of decks, one; build, curved; number of masts, one; galleries, none; rigged, sloop; head, none; stern, round; frame-work, wood.
Measurements:
| feet. | inches. | |
| Length from the fore part of stern, under the bowsprit, to the aft side | 30 | 8 |
| Main breadth to outside plank | 12 | 2 |
| Depth in hold for tonnage, deck to ceiling at midships | 3 | 5 |
| Tonnage: | ||
| No. of tons. | ||
| Tonnage under tonnage deck | 6.27 | |
| Trunk | 1.28 | |
| Total register tonnage | 7.55/100 | |
I, the undersigned, registrar of the port of Nassau, N. P., hereby certify that the ship the description of which is prefixed to this my certificate has been duly surveyed, and that the above description is true; that Azariah Curry is the master of said ship; and that the name, residence, and description of the owner, and number of 64 shares held by him, are as follow:
Name, residence, and occupation of the owner, Samuel Otis Johnson, of Nassau, N. P., Bahama merchant; number of sixty-four shares, sixty-four.
Dated at Nassau, N. P., the 22d of April, 1864.
JOHN D. DUNMERING, Registrar.
Notice.—A certificate of registry, granted under the merchant shipping act, 1556, is not a document of title. It does not necessarily contain notice of all changes of ownership, and no case does it contain an official record of any mortgages affecting the ship.
The United States of America to Charles Anson Russell, Dr.
To detention as prisoner for 31 days, preventing the carrying on his business. Damages to him per day $100 : Total, $3,100.
CHARLES ANSON RUSSELL.
Deposition of John Martin.
United States of America, Southern district of New York, ss:
John Martin, of Ireland, Great Britain, being duly sworn, says :
That he is, and was at the several times hereinafter mentioned, a British subject. That on or about the 20th day of July, 1864, he left Abaco, bound for the port of Beaufort, North Carolina, by way of Port Royal; that deponent so left as mate of the British ship Racer, belonging to the port of Abaco, bound for the port of Beaufort, and proceeded on her voyage without any unnecessary delay until the 1st day of August, 1864, when she was taken by the United States schooner Hope, and detained as prize, against the protest of Charles Anson Russell, who was the master of the said sloop Racer. Deponent further says, that the said sloop Racer was towed to off Charleston, and then taken to Beaufort, and that the said vessel was seriously injured by being so towed and hauled upon the beach at Beaufort. Deponent further says, that Charles Anson Russell, the master of said sloop, as well as deponent and the two men on board of [Page 725] her, were imprisoned and detained for thirty-one days, until the said sloop was released, twenty days of which he was detained on shore, about the 1st of September, 1864. Deponent further says, that he has heard the annexed affidavit of Charles Anson Russell read, and the facts there set out are true, as to the voyage, capture, and detention, to the knowledge of deponent.
JOHN MARTIN.
Sworn to before me, this 24th day of September, 1864.
[l. s.]
[Revenue stamp.]
FRANKLIN A. WILCOX, Notary Public.
Deposition of Jacob Birt.
United States of America, Southern district of New York, ss:
Jacob Birt, being duly sworn, says: That he is well acquainted with Charles Anson Russell, and that he was master of the sloop Racer on her voyage from Abaco to Beaufort, North Carolina; that the vessel started from Abaco on the 26th day of July, 1864, and proceeded on her voyage without any unnecessary delay until the 1st of August, when she was taken by the United States schooner Hope to off Charleston, and thence to Beaufort. Deponent further says, that he has heard the annexed affidavit of Charles Anson Russell read, and knows the contents thereof, and that the same is true of his own knowledgde, so far as the facts are therein set out in regard to the voyage, the capture, and the detention of the vessel and of the persons on board of her.
JACOB BIRT.
Sworn to before me, September 24, 1864.
[l. s.]
41FRANKLIN A. WILCOX. Notary Public.
Deposition of Jacob Birt,
United States of America, Southern District of New York, ss:
Jacob Birt, of Abaco, being sworn, says that he was born near Trieste, Austria, and is an Austrian subject. Deponent further says that, on or about the 26th of July, 1864, he left Abaco, bound for the port of Beaufort, North Carolina, by way of Port Royal; that deponent so left as a common seaman on board the British sloop Racer, belonging to the port of Abaco; that Charles Anson Russell was the master of said vessel, and John Martin was the mate of said sloop, and that deponent and one other were hands on board of said sloop; that the vessel had no cargo, and only ballast on board; that she had on board provisions amounting to the sum, as deponent believes, of $375 ; that the vessel, when it left Abaco, belonged, as deponent was informed and verily believes, to British subjects residing at Nassau, New Providence, and was their property; that the names of owners being Otis Johnson & Brother, of Nassau, New Providence; that the said ship started from Abaco for Beaufort, via Port Royal, in good faith, and duly proceeded on her said voyage without any unnecessary delay until the 1st day of August, 1864, when the said sloop Racer was taken by the United States schooner Hope, and detained:as prize against the protest of the captain of said sloop; that the vessel was towed to off Charleston to the fleet there, and from there ordered to Beaufort, North Carolina; that deponent and all on board were kept and detained as prisoners during the said days that the said sloop was detained before her release; twenty days of which time he was detained on shore, and deponent claims the sum of $10 per day for said detention, arrest, and imprisonment.
[Page 726]Deponent further says that there were no prize proceedings had, or attempted to be had against said vessel, either at Charleston or Beaufort, and that there was no court there by which she could be tried.
[l. s.]
[Revenue Stamp.]
[Untitled]
United States of America to Jacob Birt, Dr.
| To damages for detention and imprisonment thirty-one (31) days, at ten ($10) dollars per day | $310 00 |
Deposition of Captain Russell..
United States of America, Southern District of New York, ss :
Charles Anson Russell, of Perrysborough, Nova Scotia, master mariner, being duly sworn, says that he is, and was at the several times hereinafter mentioned, a British subject and resident of Nova Scotia; that on or about the 26th day of July, 1864, he left Abaco and sailed to the port of Beaufort, South Carolina, by way of Port Royal; that deponent was master in command of British sloop Racer, belonging to the port of Abaco; that the said sloop was of the value of about $1,250 ; that she had no cargo but ballast, and had provisions on board for the use of the crew, &c; that said sloop, when she left Abaco, belonged to British subjects residing at Nassau, New Providence, whose names are Otis Johnson & Johnson. Deponent further says, that the vessel so started from Abaco for Beaufort, via Port Royal, in good faith, and with no other destination, and duly proceeded on her voyage without unnecessary delay, until the 1st day of August, 1864, when the said sloop Racer was taken by the United States schooner Hope, and towed to off Charleston, and from there to Beaufort, and detained as prize, against deponent’s protest; that this deponent and all the crew were detained and confined as prisoners for the space of 31 days, until the vessel was released on the 1st of September, 1864; 20 days of which they were detained on shore; that Jacob Birt was a hand on board of said sloop, and was detained and imprisoned as aforesaid. Deponent further says, that the affidavit of Jacob Birt, hereto annexed, so far as it sets out the capture, detention, and imprisonment of the said Birt, is true; and also as to the voyage of said sloop is also true.
CHARLES ANSON RUSSELL.
Sworn before me, September 24, 1864.
[Revenue Stamp.]
Deposition of John Martin..
United States of America, Southern District of New York, ss :
John Martin, of Ireland, being duly sworn, says that he was on board the sloop Racer during the time mentioned in the annexed affidavits of Russell and [Page 727] Birt, and that the same, so far as they set out the voyage of the sloop Racer. and her capture and detention, and the detention and imprisonment of the persons on board of her, are true to the knowledge of this deponent.
JOHN MARTIN.
Sworn to before me this 24th day of September, 1864.
[l. s.]
[Revenue Stamp.]
Deposition of John Martin..
United States of America, Southern district of New York, ss:
John Martin, of Great Britain, Ireland, being duly sworn, says: That he is, and was at the several times mentioned, a British subject, and resident at Abaco; that on or about the 26th of July, 1864, he left Abaco, bound for the port of Beaufort, North Carolina, by the way of Port Royal; that deponent so left as mate of the sloop Racer, a British sloop belonging to the port of Abaco.
That the said sloop, as deponent verily believes, was of the value of $1,250 ; that the said vessel had no cargo, and only ballast on board; that her crew consisted of this deponent as mate, Charles Anson Russell, master, and two men; that she had on board provisions amounting in value to about $375 ; that the vessel, when she left Abaco, belonged, as deponent was informed and verily believes, to British subjects residing at Nassau, New Providence, and was their property, and the names of the owners being Otis Johnson and John son of Nassau aforesaid; that the said sloop sailed from Abaco for Beaufort, via Port Royal, in good faith, with no other destination, and duly proceeded on her voyage without any unnecessary delay until the 1st day of August, 1864, when the said sloop Racer was taken by the United States schooner Hope and detained prize, against the protest of the captain of said sloop; that the vessel was towed to off Charleston to the fleet there, and from there ordered to Beaufort, North Carolina. The deponent and all on board were kept and detained as prisoners during the said 31 days that the vessel was detained before her release, 20 days of which he was confined on shore; and deponent claims the sum of 40 per day, for said detention, arrest, and imprisonment. Deponent further says that there was no prize proceedings had, or attempted to be had, against said vessel, either at Charleston or Beaufort.
[Internal revenue stamp.]
JOHN MARTIN.
Sworn to before me this 24th day of September, 1864.
[l. s]
United States of America to John Martin, Dr.
| To damages by detention as prisoner for the space of thirty one (31) days, at $40 per day | $1,240 00 |
Deposition of Captain Russell..
United States of America, Southern district of New York, ss:
Charles Anson Russell, of Perrysborough, Nora Scotia, master seaman, being duly sworn, says, that he is, and was at the several times hereinafter mentioned, [Page 728] a British subject, and resident of Nova Scotia, as above stated; that on or about the 26th day of July, 1864, he left Abaco, bound for the port of Beaufort, North Carolina, by way of Port Royal; that deponent so left in command of British sloop Racer, belonging to the port of Abaco; that the said sloop was of the value of about $1,200; that the said vessel had no cargo, and only ballast on board; that her crew consisted of this deponent as master, John Martin, of Ireland, whose affidavit is hereto annexed, and two men; that he had on board provisions amounting in value to about $375; that the vessel when she so left Abaco belonged to and was the property of British subjects residing at Nassau, New Providence, whose names are Otis Johnson and Johnson of Nassau, aforesaid; deponent further says that the vessel so started from Abaco for Beaufort, via Port Royal, in good faith, with no other destination, and duly proceeded on her said voyage without any unnecessary delay, until the first day of August, 1864, when the said sloop Racer was taken by the United States schooner Hope, and detained as prize against deponent’s protest; that the vessel was towed off Charleston, to the fleet there, and from there ordered to Beaufort, North Carolina; that the deponent was himself kept and detained as a prisoner daring the said 31 days, 20 days he being confined on shore; and that the mate, John Martin, was also confined and detained for the same length of time that deponent was, and that the two men attached to the vessel were also detained in like manner; that deponent has heard the affidavits hereto annexed of John Martin and Jacob Birt read, and that the same are true.
[Revenue stamp.]
[l. s.]
Notary Public.
Deposition of Jacob Birt..
United States of America, Southern district of New York, ss:
Jacob Birt, being duly sworn, says, that he was born near Trieste, Austria; that he was one of the crew of the British sloop Racer, on her voyage from the port of Abaco to Beaufort, and that the vessel left said port of Abaco about the 26th day of July, 1864, and was taken about the 1st of August by the United States schooner Hope; deponent further says, that the annexed affidavits of John Martin and Charles Anson Russell have been read to him, and that he knows * the contents thereof, and the same are true so far as they set out the voyage of said sloop, her capture by the schooner Hope, and her detention and also the detention of the persons on board of her, and their confinement for the length of time therein set out.
[Revenue stamp.]
[l. s.]
Deposition of Captain Russell.
United States of America, Southern district of New York, ss :
Charles Anson Russell, of Perrysborough, Nova Scotia, master mariner, being duly sworn, says that he is, and was at the several times hereinafter mentioned, a British subject and resident of Nova Scotia, as above stated. That on [Page 729] or about the 26th day of July, 1864, he left Abaco, bound for the port of Beau fort, N. C., by way of Port Royal. That deponent so left in command of the British sloop Racer, belonging to the port of Abaco; that the said sloop was of the value of $1,250; that the said vessel had no cargo and only ballast on board. That her crew consisted of this deponent as master, John Martin, of Ire land, mate, and two men. That she had on board provisions amounting in value to about $375 ; that the vessel when they so left Abaco belonged to and was the property of British subjects residing at Nassau, New Providence, the names of the owners being Otis Johnson and ----------- Johnson, of Nassau, aforesaid. Deponent further says, that the vessel so started from Abaco for Beaufort, via Port Royal, in good faith, and with no other destination, and duly proceeded on her said voyage without any unnecessary delay, until the first day of August, 1864, when the said sloop Racer was taken by the United States schooner Hope, and detained as prize, against deponent’s protest. That the vessel was towed to off Charleston to the fleet there, and from there ordered to Beaufort, North Carolina. That this deponent was himself kept and detained as a prisoner during the said thirty-one days, twenty-three days he being confined on shore; and he claims for said arrest, detention, and imprisonment the sum of $100 per day. That the mate and the two men attached to the vessel were also detained during the time that deponent was detained. That the vessel was not released until the first of September, 1864, at which time deponent was released. Deponent further says, that no prize proceedings were had against said vessel, nor none attempted to be had, and no court existed at either Charleston or Beaufort to try them; and deponent says that the object of said voyage was to sell the vessel at Port Royal or Beaufort, and purchase another with the proceeds, and with the proceeds of two drafts which he had of $1,000 each in gold. Deponent further says, that the vessel was put to great loss, and that this deponent was put to great loss and inconvenience on account of his capture and confinement.
CHARLES ANSON RUSSELL.
[l. s.]
Sworn to before me this 28th day of September, 1864.
[Rev. Stamp.]
- [Revenue stamp.]↩