Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth Congress, Part I
Mr. Adams to Mr. Hunter
Sir: As connected with the despatch No. 1309, of the 18th of March, from the department, and its enclosures from Mr. Kirkpatrick, which I submitted to the consideration of Lord Russell, I have the honor to transmit a copy of a note of his lordship of the 30th of May relative to that subject.
I have the honor to be, sir, your obedient servant,
William Hunter, Esq., Acting Secretary of State, Washington, D. C.
[Enclosures.]
1. Lord Russell to Mr. Adams, May 3, 1865.
2. Mr. Kirkpatrick to Governor Rawson, February 23, 1865.
3. G. C. Anderson to Mr. Kirkpatrick, February 24, 1865.
4. Mr. Kirkpatrick to G. C. Anderson, February 24, 1865.
5. C. R. Nesbitt to Mr. Kirkpatrick, March 2, 1865.
Earl Russell to Mr. Adams
Sir: You were good enough, on the 15th ultimo, to read to me a despatch which Mr. Kirkpatrick, the United States consul at Nassau, had addressed to Mr. Seward, referring to a rumor that vessels hitherto engaged in blockade-running were about to proceed to Havana, there to be fitted out as privateers, and under the United States flag to commit depredations upon British commerce.
I am happy to say that the reports received from the governor of Nassau, and from her Majesty’s consul-general at the Havana, concur in not attaching any importance to this rumor. The latter officer, however, says, that thinking it not impossible that some of those vessels might be equipped as privateers to cruise against American trade, he had taken, in concert with his United States colleague and the Spanish authorities, such steps as it is believed will effectually prevent any such attempt from being successfully carried into effect.
The governor of the Bahamas has taken this opportunity of addressing to her Majesty’s government a representation with reference to the tone adopted by Mr. Kirkpatrick in his communications with the colonial authorities.
It appears, from the correspondence of which I enclose copies, that Mr. Kirkpatrick, in a letter dated the 23d of February, called upon the governor to institute proceedings against Captain Maffit, then in port, as captain of the blockade-running ship Owl, for having enlisted men at Nassau in 1862, to serve on board the Oreto, or Florida. Mr. Kirkpatrick’s letter reached the governor late on the same evening, but in the mean time Captain Maffit had left the port. As, however, it was possible that Captain Maffit might return to Nassau, the governor lost no time in instructing the attorney general to communicate with Mr. Kirkpatrick, for the purpose of obtaining the necessary information to enable him to act.
The information which had led to the consul’s representation turned out to be a declaration taken before a notary on the 4th September, 1862, and had reference merely to the transshipment of guns and stores, and contained no evidence of enlistment.
The case did not, therefore, appear to be one in which proceedings could be taken, but the governor, nevertheless, instructed the attorney general that if the inquiries which he was directed to institute should yield any tangible proof of a violation of the law by persons within the jurisdiction of the courts of the colony, proceedings should be instituted.
The following are the comments of the governor upon this correspondence:
He observes, in the first place, that Captain Maffit arrived at Nassau in the Owl on the 31st January; that the consul must have been aware of his arrival; and that, as it must be presumed that the consul had long known of the existence of the document now produced after a lapse of two years and a half, it is strange that he should have abstained from making his representation until Captain Maffit was upon the point of leaving the port, and it was too late for the governor to act.
2. The consul alleges as the reason for his delay, that Captain Maffit had not been at Nassau at any other time when the witnesses could be obtained, but the governor observes that Captain Maffit was at Nassau for some days in January, 1863. At all events, the documents might have been produced in September, 1862, when the then consul of the United States had called attention to the arriving of the Oreto, and had in reply been invited to bring forward evidence. And the governor says, that as it was not then brought forward, the attorney general was, in his opinion, borne out in characterizing the charge as an old one, and in saying that under the circumstances he must require clear and positive evidence before proceeding against Captain Maffit.
The governor further observes, that the consul was not justified in complaining of the government for not acting upon such statements, still less in commenting, upon the acts of the governor in à letter addressed to his subordinate officer.
3. The governor observes that the consul appears to think it a hardship and a cause of complaint that he should be called upon to furnish evidence in support of the charges which he brings forward, and that he should be asked to assist the government in prosecuting the inquiries which he has himself provoked; and the governor further observes that the consul does not appear to perceive the difference between the proceedings which the government can take against a suspected vessel, and the legal formalities by which it is bound in prosecuting a criminal charge against any person connected with it.
But the governor says, 4. That a still more objectionable proceeding on the part of the consul appears to be his practice of introducing into his correspondence irrelevant and unfounded accusations against the colonial government. The governor says that the consul [Page 354] lately made a charge of this description with reference to the landing of boats from the United States ship-of-war Honduras, and that the charge is repeated in a different form in his letter to the attorney general of the 7th of February. The governor says he need scarcely enlarge upon the difficulty, on the one hand, of challenging such statements, without provoking an inconvenient and endless correspondence, and, on the other hand, of carrying on a correspondence with a consular officer who writes in this spirit and adopts this tone in his communications with a friendly government.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Charles Francis Adams, Esq., &c., &c., &c.
Mr. Kirkpatrick to Governor Rawson
Sir: I have the honor to call your excellency’s attention to a violation of the laws of her Majesty the Queen’s dominions, by the enlistment of men within this colony by Captain Maffit, (now here as captain of blockade-running ship Owl,) having shipped men in this port for the rebel privateer Oreto, or Florida.
These enlistments took place after the trial in relation to that vessel was held, and two, at least, of the men thus enlisted are now in this city, and can be pointed out if desired. I understand, further, that there are affidavits of their own now in the possession of Mr. Dillet. The reason of this long delay is that Captain Maffit has not been here at any other time when the witnesses could be obtained. He is understood to be ready to depart from here soon, and I would respectfully suggest that measures should be taken at once to vindicate the laws openly and notoriously violated in this instance.
I have, &c., &c.,
His Excellency Rawson W. Rawson, Governor, &c., &c., &c.
Mr. Anderson to Mr. Kirkpatrick
Sir: His excellency the governor has placed in my hands your letter of yesterday’s date, and has instructed me to put myself in communication with you, in order to obtain the necessary information to enable me to act in reference to the matter brought by you under his excellency’s notice.
I have therefore to request that you will furnish me with a detailed statement of your proofs, and the names of the witnesses who can be produced to sustain the same.
I have, &c,
Thomas Kirkpatrick, Esq., &c., &c., &c.
Mr. Kirkpatrick to Mr. Anderson
Sir: I have the honor to acknowledge your favor of this day, asking me to “furnish you the evidence, with details of the matters submitted to his excellency the governor by me yesterday.” Enclosed you will find copies of the affidavits taken at the time of the transaction, and Charles Jackson, esq., can point out the witnesses who are now here. I deeply regret that steps were not taken for the immediate arrest of the party before he left in the vessel this morning, or late last night, or when unofficially brought to your notice, as I understand it was yesterday morning; and regret also that the government had not felt called upon to vindicate their violated laws, without waiting for others less interested to call their attention to them, and then also be called upon to furnish evidence to prosecute for these violations; and I regret still more, that more simple and entirely harmless violations, (if violations at all, ) when innocently committed by officers of the United States, have been made the subject of severe condemnation.
Notwithstanding, I am willing and desirous to furnish the government here with any information I may possess, and will say, in addition, that rumors are abroad, with how much truth I know not, that some of the parties recently engaged in blockade-running are about fitting a vessel or vessels at Havana, under American colors, to cruise against British vessels, under the hope, undoubtedly, that such an act would involve the two countries in war, and so aid the Confederate States. This information is said to have come from Captain Chabbourne, of [Page 355] the American brig E. P. Secret, now in this port, and who is also said to have seen a commission from some confederate authority to fit out a schooner in this port to cruise and destroy American vessels.
I shall communicate the information relating to the rumor of fitting out vessels at Havano under the American flag to the consul of the United States there, that steps may be taken t frustrate the villains engaged in it, if found true.
I have, &c, &c,
Hon. G. C. Anderson, &c., &c., &c.
Mr. Nesbit to Mr. Kirkpatrick
Sir: I am directed by his excellency the governor to acknowledge your letter of the 23d ultimo, calling his attention to a violation of the laws, on the part of Captain Maffit, by the enlistment of men within this colony.
Your letter reacted his excellency at a late hour of the night of the 23d, after Captain Maffit had actually left the port. We lost no time on the following morning in placing it in the hands of the attorney general.
This officer has since submitted to his excellency your reply to his inquiries, Upon this it is only necessary to inform you that the document which you have supplied, dated so far back as September, 1862, furnishes no evidence of any enlistment of men by Captain Maffit.
With regard to the other information contained in this document, and in your letter to the attorney general, his excellency will take such steps as may appear to him to be fitting.
Among these will be the transmission of the correspondence to her Majesty’s government, whose attention will be called to the irrelevant and unjustifiable accusations brought against this government in your recent letters both to the attorney general and myself.
I have, &c,
Thomas Kirkpatrick, Esq., &c., &c., &c.