Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth Congress, Part I
Mr. Seward to Mr. Adams
Sir: With reference to your despatch of the 10th ultimo, No. 1031, and to my Nos. 1525 and 1539, I transmit a copy of a letter of the 16th ultimo, from Messrs. J. O. Merrill & Co., of San Francisco, part owners and agents of the whaling bark William G. Nye relative to the claim against the British government, on behalf of the owners of that vessel, to indemnity for losses growing out of her destruction by the Shenandoah or Sea King.
I am, sir, your obedient servant,
Charles Francis Adams, &c., London.
Messrs. Merrill &c Co. to Mr. Seward
Dear Sir: The English propeller Sea King, alias confederate steamer Shenandoah, has made her appearance in the Arctic ocean, and threatens the destruction of the entire whaling fleet. Twenty-five whaling vessels have already been burned by her, and four others captured and bonded for the purpose of bringing the crews of the burnt ships to this port and the Sandwich Islands.
On the 26th of June she burnt our bark the William C. Nye, of this port, sending her crew to this port in the whaler General Pike, and we wish to place on file, or present for collection, our claim against the English government for the destruction of the said vessel, amounting to 280,212 dollars 50 cents. The size of the William C. Nye, and the owners of her, are certified to by our deputy collector, and we forward with the claim the captain’s “extended protest.” Please inform me whether the claim should be presented in any different shape.
Allow me to suggest that the next Congress be recommended to appoint a “commission” to adjust these claims, while all the testimony that may be required can be obtained, and the various facte in the different cases are fresi.
We remain, &c.,
J. C. MERRILL & CO.
Hon. William H. Seward, Secretary of State, Washington, D. C.
The bark William C. Nye was of the capacity of 389 35/90 tons, as appears from copy of her register on file in this office, and she was owned as per statement hereunto attached.
In witness whereof, I have hereunto set my hand and seal, at San Francisco, this 11th day of August, 1865.
E. DANIELS, Deputy Collector.
[Page 547]San Francisco, August 7, 1865.
English propeller Sea King, alias Confederate States steamer Shenandoah, Dr., to J. C. Merrill & Co., owners and agents of American bark William C. Nye.
| Bark William C. Nye, live-oak built, coppered and copper fastened, 389 35/90 tons, burned in the Arctic sea June 26, 1865 | $35,000 00 |
| Boats, casks, crafts, provisions, whaling-guns, bombs and materials | 20,000 00 |
| 150 barrels whale oil on board, 4,725 gallons, at 1 dollar 50 cents | 7,089 50 |
| Season’s catch destroyed, estimated 2,500 barrels whale oil, 78,750 gallons, at 1 dollar 50 cents | 118,125 00 |
| Whalebone, 50,000 lbs., at 2 dollars | 100,000 00 |
| 280,212 50 |
Owners:
| J. C. Merrill&Co | 7/16 |
| P. H. Cootey | 3/16 |
| Moore & Co’. | 2/16 |
| Charles Hare | 2/16 |
| Tubbs&Co | 1/16 |
| William How | 1/16 |
| 16/16 |
United States of America,
State of California, City and County of San Francisco, ss:
To all people whom these presents shall or may concern:
I, E. V. Joice, a public notary in and for the State and county aforesaid, by letters patent under the great seal of the said State, duly commissioned and sworn, dwelling in the city of San Francisco, send greeting:
Know ye, that on this 7th day of August, in the year of our Lord 1865, before me, the said notary, at my office in the city of San Francisco, personally appeared S. H. Cootey, master of the bark William C. Nye, belonging to the port of San Francisco, (the said master having personally noted in due form of law his intention to protest, ) who, together with Fitch Way, 2d officer; John Sheridan, steward; and John Scanlan, carpenter, belonging to the aforesaid vessel, being by me duly sworn on the Holy Evangelists of Almighty God, voluntarily and solemnly did declare and depose as follows, to wit:
That they, the said appearers, on the 27th day of March, 1865, set sail and departed in and with the said vessel from the port of San Pedro, on a whaling cruise, and bound for the Arctic ocean; the vessel being then stout, staunch and strong; her cargo well and sufficiently stowed and secured, well masted, manned, tackled, victualled, apparelled, and appointed, and in every respect fit for sea and the voyage she was about to undertake. That on the 27th day of March we left San Pedro, bound for the Arctic ocean on a whaling cruise, having on board about 150 barrels of oil, the catch “of between seasons. Meeting with no incident worthy of note, on the 25th of May we made Cape Thaddeus, and were cruising for whale, when, on the morning of the 26th of June, at 2 o’clock, the officer of the deck came down and reported what he thought to be a steamer close to us. Before the master could get on deck the steamer had hailed our bark to haul aback, which was done. The steamer lowered a boat and came alongside; an officer came on deck and said to Captain Cootey, you must consider yourself a prize to the confederate man-of-war Shenandoah. She had no flag flying, and this was the first intimation we had of her character. The officer then inquired how many officers we had on board, and was informed four, when he ordered the captain and officers, with her papers, to get into his boat and go aboard the steamer. At this time the war steamer was within 150 yards of the bark, and her guns were all visible, and the magnitude of her strength and ability to carry out his orders was apparent. We got aboard the boat and were taken on board the Shenandoah, when an officer ordered the captain to go into the cabin where he was met by Captain Waddell, in command of the Shenandoah, who inquired of the captain for his papers, which were handed over and then given to the clerk. A bond or parole was then made out for the captain and officers to sign, but the precise character of the document is not known. However, upon this being done, and all the papers belonging to the ship, including her register, taken possession of by the clerk of the steamer, we were then informed by the commander of the steamer that he was done with, when we were taken down into between-decks and there searched by a person called master-at-arms, who treated us with every indignity he could invent; our pockets turned inside out, clothing rudely examined, and then ordered to sit down on the floor with some Chinamen. After remaining in this place about thirty minutes, we were ordered on deck and go aboard our bark to get a portion of our clothing. And while we were packing, the partitions were being knocked down preparatory to burning the vessel. In about fifteen minutes after going aboard we were ordered to leave, when the bark was set on fire, and we were then put on our own whale boats in tow of the steamer, when she started for two or three other whalers in sight to the [Page 548] ortheast. After capturing and burning these vessels, as well as our own, we were, by order of the captain of the Shenandoah, put on board the bark General Pike, together with those belonging to captured whalers, which vessel was bonded to take us, to San Francisco, where we arrived August 1, 1865. There were seven ships’ companies put on board the Pike, of about 300 tons, all of whom suffered in consequence of the crowded condition of the ship and the want of accommodation for the voyage to San Francisco.
The bark William C. Nye was well found and equipped in every respect for the voyage she had undertaken.
And the said appearers further declare, that as all the damage and injury which already has or may hereafter appear to have happened or accrued to the said vessel, her freight and cargo, has been occasioned solely by the circumstances hereinbefore stated, and cannot be attributed to any insufficiency of said vessel, the neglect or default of him, this deponent, his offi cers or crew, he now requires me, the said notary, to make his protest and this public act thereof, that the same may serve and be of full force and value as of right shall appertain. And thereupon the said master protested, and I, the said notary, at his special instance and request, did, as by these presents I do publicly and solemnly, protest against the winds, weather and seas, and against all and every accident, matter and thing, had and met with as aforesaid, whereby or by means whereof the said vessel, her freight or her cargo, already has or hereafter shall have suffered or sustained loss, damage or injury, and for all losses, costs, charges, expenses, damages, and injury which the said vessel, or the owner or owners of the said vessel, or the owners, freighters or shippers of her said cargo, or any other person or persons interested or concerned in either, already have been or may hereafter be called upon to pay, sustain, incur, or be put into by or on account of the premises, or for which the insurer or insurers of the said vessel, her freight or her cargo, is or are respectively liable to pay or make contributions or average according to custom, or their respective contracts or obligations, so that no part of any losses, damages, injuries, or expenses already incurred or hereafter to be incurred, do fall on him the said master, his officers, or crew.
Thus done and protested, in San Francisco, this 7th day of August, in the year of our Lord 1865.
In testimony whereof, as well the said appearers as I, the notary, have subscribed these presents, and I also caused my seal of office to be hereunto affixed the day and year above written.
E. V. JOICE, Notary Public.
S. H. COOTEY, Master.
FITCH WAY, Second Officer.
JOHN SHEEIDAN, Steward.
JOHN SCANLAN, Carpenter.
State of California, City and County of San Francisco, ss:
I, the undersigned notary public, hereby certify the foregoing act of protest to be an accurate and faithful copy of the original on record in my book of official acts.
In testimonium Veritas.