Mr. Seward to Mr.
Adams
No. 1278.]
Department of State. Washington,
February 25, 1865.
Sir: You may well be weary of the task of
presenting complaints to her Majesty’s government, as the ministry is of
receiving them. Nevertheless, the rights of the United States and their
dignity must be maintained, nor can the just sensibilities of the people
be wisely treated with neglect.
I give you herewith a copy of a correspondence. between Thomas
Kirkpatrick, esq., United States consul at Nassau, and his excellency
the governor of that province, and I have to request that you will bring
the case which it presents to the notice of Earl Russell.
One of the United States steamships of war, the San Jacinto, was wrecked
upon a desolate bay of the Bahamas, and her officers and crew, except
such of the latter as deserted their flag and found shelter in the port
of Nassau, provided for themselves as well as they could until relief
was sent them from the United States. The wreckers recovered from the
ill-fated vessel certain movables, and presented their claims for
salvage. They required, as they lawfully might, coin in payment of that
salvage. Nassau was considered the most convenient port for procuring
it. The Honduras proceeded thither to procure the coin. The United
States consul, in compliance with the requirement of the Queen’s
proclamation, asked permission for her to enter. The governor denied
permission, declaring that the proclamation forbade the entrance of
United States ships-of-war, except in cases of grave emergency and of
real necessity and distress.
It is true that the Honduras was not in distress, but she was on an
errand consequent upon a case of actual distress, and to make to British
subjects the remuneration due to them for the practice of humanity in
that case of distress. Not only was the permission refused, but the
governor, with manifest want of kindness and of consideration to the
United States, broke out into
[Page 186]
remonstrances with the officers of the United States for having landed
upon the colonial shore on the occasion.
Earl Russell knows human nature too well to be surprised when I state
that the Naval Department has brought this severity of the governor
towards the United States agents into contrast with the treatment
accorded to rebels against the United States, engaged in trade at the
Bahamas, in violation of the Queen’s proclamation. There was no day,
during the month in which this incident happened, that thirty-five
blockade-runners were not seen flaunting their con traband flags in the
port of Nassau, nor has the hospitality of that port been restricted to
contraband merchant vessels. The Chameleon, formerly the Tal lahassee, a
Liverpool pirate, was lying at that very time in the port, relieved,
indeed, of her guns, as well as of her infamous name, but yet still
possessing attributes of a pirate. Only a few days earlier the Laurel, a
merchant vessel then in the very process of being converted into a
pirate, under her new bap tismal name of the Confederate States, was
harbored in that very port, after having carried from Liverpool to the
Sea King the armament, upon receiving which she become the pirate ship
Shenandoah. Nor is it forgotten that the Oreto found shelter in Nassau
when undergoing a sea change into a pirate shin-of-war, under the name
of Florida.
I desire it to be understood that this government does not adopt this
painful view of the proceedings of the governor of Nassau, nor does it
believe that her Majesty’s ministers would have authorized or justified
the illiberal proceeding of the governor in the case of the Honduras. On
the contrary, it is believed that the case in question was unforeseen
when the regulations under which the governor is acting were made.
Nevertheless, these reservations can neither be known nor felt by the
nation whose sensibilities have been wounded in these transactions.
It ought to be unnecessary to expostulate in our communications with the
enlightened government of Great Britain upon the evil fruits of petty
irritations on border lines and in colonial ports. The unhappy state of
things that has arisen in Canada is quite enough of experience of that
sort for the instruction of both nations. Just now such vexatious
incidents in the British West Indies are of special importance. Only one
considerable seaport town in the region of the insurrection remains in
rebel possession; all the rest of the ports have been wrested from them,
and that one, as well as every inferior harbor, is hermetically sealed
against foreign commerce by blockade. The occasion for which the British
policy of recognizing the insurgents as a naval belligerent was adopted
has passed away, and it even now operates only to favor the piratical
vessels of the Mersey and the Clyde, whose business, like that of the
Canadian raiders, it is to make, if possible, an incurable breach
between the United States and Great Britain. I pray Earl Russell to
consider seriously whether the time has not come for a revision of the
maritime policy of Great Britain towards the United States.
I am, sir, your obedient servant,
Charles Francis Adams. Esq., &c., &c., &c., London.
[Enclosure No. 1.]
Mr. Kirkpatrick to Governor Rawson.
United States Consulate.
Nassau, N. P.,
January 30, 1865.
Sir. I have the honor to call your
excellency’s attention to the article in the Charleston Mercury of
the 24th instant, in regard to the steamer Rattlesnake, now in this
harbor, and which is expected to leave for some port unknown to me
to-morrow morning, the Tallahassee being also here, and to ask of
your excellency to cause an investigation to be had in
[Page 187]
egard to their character
and purposes. Will your excellency please to return the paper, when
examined, as it does not belong to me.
I have the honor to be your obedient servant,
His Excellency Rawso. W, Rawson. C. B.,
Governor of the Bahamas.
[Enclosure No. 2.]
Mr. Nesbet to Mr. Kirkpatrick.
Colonial Secretary’s
Office. Nassau,
January 31, 1865.
Sir: I am directed by the governor to
acknowledge the receipt of your letter of yesterday enclosing a
newspaper referring to the character of the steamer Rattlesnake,
which has recently entered this harbor, and to Inform you that there
is nothing in your letter or its en” closure which appears to his
excellency to create a suspicion against it greater than that which
attaches to every vessel of the same class with which this harbor is
filled, or to call for any action on the part of the government
beyond that of vigilance, which is already exercised with regard to
all vessels engaged in trade with the southern States.
I have the Honor to be, sir, your most obedient and humble
servant,
C. R. NESBET, Colonial
Secretary.
Thomas Kirkpatrick. Esq., United States Consul, Nassau.
[Enclosure No. 3.]
Mr. Kirkpatrick to Governor Rawson.
United States Consulate.
Nassau,
January 31, 1865.
Sir: I have the honor to ask your
excellency’s permission for the United States ship-of-war Honduras,
Captain Harris, to anchor in the harbor to transact some business
with this consulate in regard to payment of salvage to the wreckers
of the United States ship San Jacinto, lately wrecked.
I am, very respectfully, your obedient servant,
His Excellency Rawso. W. Rawson. C. B.,
Governor of Bahamas.
[Enclosure No. 4.]
Mr. Nesbet to Mr. Kirkpatrick.
Colonial Secretary’s
Office. Nassau,
January 31, 1865.
Sir. I am directed by the governor to
acknowledge the receipt of your letter of this date, and, in reply,
to express his excellency’s regret that he is restricted from
granting the leave requested on behalf of the United States.
ship-of-war Honduras to anchor in this harbor to transact some
business with this consulate in regard to payment of salvage to the
wreckers of the United States ship San Jacinto, lately wrecked,
except “in cases of grave emergency, and of real necessity and
distress;” and his excellency requests that you will lose no time in
conveying this reply to the commander of the Honduras.
I have the honor to be, sir, your most obedient servant,
C. R. NESBET, Colonial
Secretary.
Thomas Kirkpatrick. Esq., United States Consul, Nassau, N. P.
[Enclosure No. 5.]
Mr. Nesbet to Mr. Kirkpatrick.
Colonial Secretary’s
Office. Nassau,
February 2, 1865.
Sir. The governor has received a report
from the health officer, dated yesterday, notifying that “the
passengers, officers, &c., from an American steamer, then in the
offing, were on shore, haying landed without his being able to visit
the vessel.” His excellency presumes that this has reference to the
United States steamer Honduras, regarding which you communicated
with him on the afternoon of the 31st ultimo. He has therefore
directed me to request
[Page 188]
that you will bave the goodness to inform him of the circumstances
under which a boat, or boats, landed from the steamer in question,
in breach of the quarantine regulations, and under which the
Honduras remained off the mouth of this harbor until a late hour of
yesterday, after the communications, both written and oral, which
his excellency made to you and to her commander on the preceding
afternoon.
I have the honor to be, sir, your most obedient servant,
C. R. NESBET, Colonial
Secretary,
Thomas Kirkpatjeiick. Esq., U. S. Consul, Nassau.
[Enclosure No. 6.]
Mr. Kirkpatrick to Mr. Nesbet.
United States Consulate.
Nassau,
February 3, 1865.
Sir. I have the honor to receive your
communication of yesterday, informing me that the governor has
received a report from the health officer, date yesterday, 1st
instant, notifying that “the passengers, officers, &c, from an
American steamer, then in the offing, were on shore, having landed
without his being able to visit the vessel;” and you add, “that his
excellency presumes that this has reference to the United States
steamer Honduras, regarding which you (I) communicated with him on
the afternoon of the 31st ultimo,” and ask me to inform his
excellency, the governor, of the circumstances, &c. All I know
of the matter is briefly this—that after the interview had with his
excellency, on the afternoon in question, Captain Harris left for
his ship, and succeeded in reaching her, then in the offing, and
after reaching her, stood out to sea; that on the next morning
himself and two other officers, as I understood, although only
himself and one other were in my office, and did. some business,
leaving some despatches which had been intrusted to him to be
forwarded by mail, and, I believe, purchased some small stores,
(this is only known to me by their statements, ) and immediately
after left for the ship. I am very positive, if the health officer
means the officers, &c, of the Honduras, that there was no
intention on their part, or knowledge, that they were violating any
law of this colony, and can only add my personal regrets it should
have occurred.
I am, very respectfully, your obedient servant,
Hon. Charle. R. Nesbet. Colonial Secretary of Bahamas.
[Enclosure No. 7.]
Mr. Nesbet to Mr. Kirkpatrick.
Colonial Secretary’s
Office. Nassau,
February 4, 1865.
Sir. I am directed by the governor to
acknowledge your letter of the 3d instant, stating the circumstances
under which boats and officers from the United States steamer
Honduras twice landed from that ship in disregard, in both
instances, of the quarantine regulations of this harbor, and in
opposition, on the second occasion, to her Majesty’s orders and
directions, laid down for the guidance of ships of war belonging to
the United States, and to the intimations conveyed to yourself and
Captain Harris that his excellency could not grant his permission to
enter the harbor.
Captain Harris could not have been ignorant of the regulations
existing in this and most other civilized countries, which prohibit
persons from leaving a vessel arriving at a port until it shall have
been boarded and permission granted by the competent officer. The
proper course for obtaining this is known to every naval officer. It
is presumed that, as consul, you must be familiar with the local law
on the subject, and that you must have informed Captain Harris that
he was acting in contravention of the law.
Captain Harris must have been aware that United States ships are
forbidden to enter the ports or waters of any place in her Majesty’s
dominions, except under stress of weather, or some other
extraordinary circumstances; and, in the latter case, only after
having received permission to do so. Such permission was given to
the United States steamer Honduras to enter the waters of Abaco, for
the purpose of lending assistance to the wrecked ship-of war San
Jacinto, but her commander was informed that the governor was
restricted from giving it to her to enter those of this island, even
in the interest of inhabitants of this colony.
It is true that the governor only denied his permission to anchor;
but you must be aware, and Captain Harris must be aware, that both
the letter and spirit of the Queen’s proclamation, and the whole
tenor of the communication with his excellency on the afternoon of
the day on which he first landed, prohibited his further
communication with the shore, as much as his anchoring in British
waters. Captain Harris must also have known that the taking in of
stores of any kind without the governor’s permission was contrary to
her Majesty’s
[Page 189]
orders and
directions, which are framed with a view of preventing the
ships-of-war of both belligerent parties in the neighboring
continent from entering British waters or communicating with the
shore, under any circumstances, except in such stress of weather, or
such other difficulty, as might endanger the safety of the ship.
His excellency very much regrets this occurrence As an act of
courtesy he abstained from requesting Captain Harris at once to
leave the shore, and to remove his ship from the mouth of the
harbor, but if he could have anticipated that Captain Harris would
have come on shore again, and that his ship would have remained off
the mouth of the harbor until a late hour on the following day, it
would have been his duty, however distasteful the necessity, to have
made this request direct to that, officer.
His excellency hopes that you will spare him the necessity, on any
similar occasion, by cautioning the commanders of all United States
ships-of-war entering these waters, and that you will exert your
influence to prevent any infringement of the Queen’s territorial
rights by ships and subjects of the United States. The governor has
already evinced his desire to use every endeavor to prevent such
infringements by the belligerents on the other side, or by parties
interested in their cause.
I have the honor to be, sir, your most obedient servant,
C. R. NESBET, Colonial
Secretary.
Thomas Kirkpatrick. Esq., U. S. Consul, Nassau.
[Enclosure No. 8.]
Mr. Kirkpatrick to Mr. Nesbet
United States Consulate.Nassau,
February 7, 1865.
Sir: I had the honor to receive yesterday
afternoon your communication of the 4th instant. I do not intend to
enter into any discussion whether it was, or was not, a violation of
her Majesty’s proclamation for a boat to land from a ship belonging
to the government of the United States, cruising in the offing, or
whether it was a violation of the laws of this colony regarding
quarantine regulations; nor will I discuss why vessels belonging to
other governments have been permitted to enter the harbor, or land,
without let or hindrance, or complaint, as far as I am aware; but I
must be permitted to say that I am surprised at the tone of your
letter, insisting that Captain Harris was aware of his committing a
violation of these laws, when taken in connexion with the
conversation had with his excellency the governor the afternoon when
Captain Harris and myself had the honor to converse with him in
regard to his (Captain Harris’s) errand to Nassau, and the reasons
for desiring to anchor inside the bar. I shall give the details of
that conversation, and all the facts necessary to a full
understanding of the subject, to the Department of State of the
United States of America, and leave future discussion regarding it
where it more properly belongs.
I have the honor to be your most obedient servant,
Hon. Charle. R. Nesbet. Colonial Secretary of Bahamas.
