Mr. Burnley to Mr. Seward.

Sir: With reference to your note of the 15th August, with its enclosure from the Secretary of the Treasury to my note of the 24th ultimo, and to your reply of the 5th instant, relative to the refusal of the collector of the port of New York to grant a clearance of certain merchandise shipped by Messrs. Darrell & Nash to Nassau, in the Bahama islands, I have the honor to enclose a copy of a letter from these gentlemen addressed to her Majesty’s consul at New York, accompanied by a protest, signed by the captain and navigator of the Teviot, with a view, in the first place, of explaining the nature of these mercantile transactions with the port of Nassau; and, in the second place, of refuting what the deputy collector states in the third paragraph of his letter enclosed in your note of the 15th August.

I beg to recommed this case strongly to your consideration, in the hope that restrictions of this kind will be removed, and a legitimate commerce not hampered or interfered with.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant.

J. HUME BURNLEY.

Hon. William H. Seward, &c., &c., &c.

Mr. Darrell to Mr. Archibald.

Sir: I beg to thank you for the persual of the correspondence between the Secretary of the Treasury and Lord Lyons, in reference to the refusal of the collector of this port to clear the cargo shipped by my firm (Darrell & Nash) on the British schooner Electric, for Nassau, New Providence.

The deputy collector says, in his letter of 3d August, “These gentlemen have been for some time engaged, as I have reason to believe, in shipping goods to blockade runners at Nassau, to be sent to the States in rebellion.”

For my late and present firm, I have no hesitation in pronouncing the conclusion of the deputy collector as hasty and altogether unfounded in fact. If the collector knows this statement to be correct, it is somewhat singular that he has taken no action against us on the bonds we have given for those shipments. Our business with Nassau has been purely as commission merchants, and we have had no interest whatever in any of our shipments to that port. The number of our correspondents has not increased, and all were doing business there prior to the secession of the southern States. We have been most particular, in the execution of orders for that port, not to send any articles that we thought unlikely to be wanted for consumption in the Bahamas, and’ have declined, repeatedly, business that we did not think came within the limits of our custom-house regulations; further, we have every reason to believe that our constituents in Nassau have dealt in good faith and fairly by us, in the observance of their pledge to us that they would sell our shipments in that market for consumption.

In explanation of the case that the deputy collector cites in his third paragraph, we refer you to a copy of a protest herewith, signed by the captain and navigator of the schooner Teviot, showing the cause of the deviation. The cargo was shipped by my late firm in good faith to be landed at Bermuda, as you will perceive by reference to bills of lading herewith.

[Page 736]

The deputy collector has been grossly misinformed with regard to the ultimate destination of the cargo intended to be shipped by us on the Electric. We offered the deputy collector of the bond department, and are still prepared to show our orders for all the articles of that cargo, and do not think that the collector can show an authenticated case of any of the gentlemen who sent those orders ever having been engaged in the blockade business.

I am, &c,

WM. E. DARRELL.

E. M. Archibald, Esq., &c, &c., &c.

Protest.

Bahama Islands :

Be it known, that on this day, being Monday, the 19th day of July, in the year of our Lord 1863, personally appeared before me Thomas William Henry Dillet, notary public by lawful authority appointed, duly admitted and sworn, re-residing in the city of Nassau, in the island of New Providence, William Wil son, master of the British schnooner Teviot, of, and belonging to, the port of Nassau, and Albert Orlando Stone, of Charleston, South Carolina, a passenger on board the said schooner, who, of their own free will and voluntary accord, did allege, affirm, protest, and say, as follows :

That they sailed in and on board of the said schooner Teviot, from the port of New York, in the United States of America, on the 27th day of June last past, for St. George’s, in the island of Bermuda, with a cargo consisting of 80 barrels of flour, 100 barrels of alcohol, 100 kegs of soda, 200 firkins of butter, mackerel, and other articles; that on the 29th it blew a fresh gale from the southeast, and on the 30th it continued so to blow with a heavy sea, which caused the vessel to make much water. At 1 p. m. they carried away the jibstay; took in the jib, and put a preventer on the stay, and set the jib without bonnet; at 7 a. m. the wind blew stronger from southeast by east, wherefore the sails were close reefed fore and aft; on the 1st of July, being by observation in latitude 34° 2′, and longitude 73° 57′, the gale continued, and the vessel labored hard, making water freely, the weather continuing boisterous throughout the day; on the 2d it became more moderate, the wind blowing from southeast by east, but the vessel being in a crippled condition, and continuing to leak badly, it was deemed unsafe to proceed to Bermuda, and, upon consultation, it was determined to run to Nassau for repairs; on the 3d there were fresh gales from the southeast, they being, by observation, in latitude 33° 56′, and longitude 73° 48′. The next day they had pleasant weather, with the wind to the east; that on Sunday, the 5th, they had fresh gales from the south; the vessel still continued to leak badly. The 6th came in with strong gales from the southeast by east; at 1 p. m. they hove to; but as the wind became more moderate, at 8 a. m. they filled away, their course being south by west, and they being by observation in latitude 28° 2′ and longitude 73° 59′; that the 7th and 8th they had moderate winds and pleasant weather; on the 9th day they had strong breezes for the first part of the day; at 8 a. m. they made Abaco, the light-house being and bearing west by south, distant about 19 miles, and arrived at Nassau on Friday evening, the 10th day of July, instant; that they commenced to discharge the cargo on this 13th day of July, and that 6 casks of alcohol, 5 barrels of flour, and 4 nests of empty trunks were found to be damaged by sea-water; that they are now still discharging the said cargo.

Wherefore the said master hath requested me, the said notary, to protest, as I do, by these. presents, most solemnly protest, against all winds, waves, and [Page 737] seas, and against all and every person or persons whom it may or shall concern, and declare that all damages, losses, and detriments that have happened to the said ship and her cargo are and ought to be borne by the merchants and freighters interested, or whomsoever else it may concern, (by way of average or otherwise,) the same having occurred as before mentioned, and not by or through the insufficiency of the said ship, or neglect of the said appearer, or of the officers or mariners.

WILLIAM WILSON.

A. O. STONE.

In witness whereof, I have hereunto set my hand and seal notarial, at Nassau, this 19th day of July, 1863.

[l.s]

WILLIAM HENRY DILLET, Notary Public, Bahamas.

On the 16th July, the said William Wilson further declared, protested, and said, that the said schooner Teviot being discharged of her cargo aforesaid, he found 6 barrels of mackerel and 4 barrels of pork damaged; in addition to those mentioned above, and to serve and avail as occasion may require.

WILLIAM WILSON.

In testimonium veritatis.

WILLIAM HENRY DILLET, Notary Public, Bahamas.

Bahama Islands :

I, Thomas W. Henry Dillet, of Nassau, a notary by lawful authority appointed, duly admitted and sworn, do hereby certify and attest unto all to whom it may concern, that the above and before written is a duplicate or true copy of a certain instrument of protest made before me, taken and extracted from my register of all notarial acts by and before me, granted and passed, marked A, folio —.

In witness whereof I have hereunto set my hand and seal at Nassau, this 16th day of July, A. D. 1863.

WILLIAM HENRY DILLET, Notary Public, Bahamas.