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The case of Great Britain as laid before the Tribunal of arbitration Convened at Geneva under the provisions of the treaty between the United States of America and Her Majesty the queen of Great Britain, concluded at Washington, May 8, 1871 (Volume 02) online

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DEPT.



THE CASE



OF



BRITA.IN



AS LAID BEFORE THE



TRIBUNAL OF ARBITRATION,



CONVENED AT GENEVA



UNDER



THE PROVISIONS OF THE TREATY BETWEEN THE UNITED STATES
OF AMERICA AND HER MAJESTY THE QUEEN OF
GREAT BRITAIN, CONCLUDED AT WASH
INGTON, MAY 8, 1871.



PRINTED BY ORDER OF CONGRESS, U. S. A.



IK THREE VOLUMES.

VOLUME II.



WASHINGTON:

GOVERNMENT PRINTING OFFICE.
1872.



EXPLANATOBY NOTE.



The figures in brackets in the text indicate the pages of the edition
which was laid before the Tribunal of Arbitration at Geneva ; the *
indicates the word with which each page commences.

The references to pages in the foot-notes refer to the pages in the edition
laid before the Tribunal of Arbitration at Geneva, which may be found
in this edition by referring to the figures in brackets in the text.

In the table of contents the column of figures under the head of " Geneva
edition" refers to the edition which was laid before the Tribunal of
Arbitration at Geneva, and the column under the head of "Second
edition " refers to this edition.



APPENDIX, VOL. II

(GENEVA EDITION.)
H. Ex. 282, vol. ii 1



GENERAL TABLE OF CONTENTS.



SUMTER, (OR GIBRALTAR.)

July 30, 1361, to September 3, 18G3.

Geneva Second
edition, edition.

Page. Page.

Arrival of the Simiter at Trinidad, July 30, after breaking the block
ade on the 29th of June. Her commission verified by captain of Her
Majesty s ship Cadmus 1 27

Opinion of law-officers. Approval of proceedings of governor and cap
tain of Cadmus 2 28

Eepresentation from Mr. Adams. Statement of Mr. Bernard as to the
reception of the vessel at Trinidad

Report from captain of Her Majesty s ship Cadmus. A new main- 29

yard, eighty tons of coal, and provisions obtained by the Suniter 4 31

Reply to Mr. Adams. Explanation as to supplies allowed, and alleged
hoisting of British flag on the government Hag-staff at the time of
the Suuiter s arrival 3 -

Sumter at Cadiz. Probability of her coming to Gibraltar. Governor
Sir W. Codrington and Captain Warden request instructions 7 34

Arrival of the Sumter at Gibraltar, January 13, 1882 8 35

Captain Semmes informed that the rule of twenty-four hours must be
observed in favor of United States merchant-vessels 10 37

Interview of governor with Captain Semmes. Promise to observe the

neutrality of the port 11 38

Questions put to the attorney-general, with his replies 12 39

Correspondence with Consul Sprague 13 4Q

Inquiry of governor whether the third paragraph of the instructions
of January 31, received February 11, limiting the stay of belligerent
vessels in British ports, is to be applied to the Sumter, which
entered Gibraltar three weeks before the notification of the instruc
tions 14 41

Question whether coal should be supplied from government stores, as it

cannot be procured from private merchants 15 42

Opinion of law-officers. Sumter cannot be required to leave under the
third paragraph of the instructions. Coal not to be supplied from
government stores 16 42

Captain Semmes informed accordingly 19 47

Correspondence with Captain Semmes and Consul Sprague as to desert
ers from Sumter 20 48

Arrival of Tuscarora February 12. Rules laid down to preserve the

neutrality of the port 23 50

Approval of Captain Warden s refusal to supply coals. ,, 24 51

Inquiry whether the Tuscarora should be ordered to leave port under
the rules of January 31, she having arrived within six days of their
notification. Governor considers they are not applicable to her.
His views concurred in 25 52

Mr. Myers, of, the Suniter, and Mr. Tuustall, imprisoned by United States

consul at Tangier 25 53

Question whether they could be allowed to be retained in custody OIL
board a United States ship of war at Gibraltar 2o 54

Correspondence with Captain Semmes and Captain Craven, of the

Tuscarora, respecting a statement that the Sumter was being

watched by that vessel s boats 27 55

Orders issued by Captain Warden 29 57

Letters addressed by the governor to Captain Craven, commenting on

the language used in his communications . - . . 30 58



TREATY OF WASHINGTON.



Geneva
edition.



Page.

[iv] * Opinion of law-officers as to prisoners being brought into port

on board a foreign ship of war 32

Prisoners taken from Tangier in the United States ship Ino, and

transferred to a merchant- vessel for conveyance to America 33

Protest of Captain Semmes against conduct of the British minister at
Tangier in not interfering in behalf of the prisoners. Copies of
correspondence 34

Report from the governor. Proceedings at Tangier. Necessity of ex
cluding boats of Tuscarora. Misapprehension of Captain Craven as
to the application to that vessel of the instructions of January 31 . . 39

Dispatch to Lord Lyons informing him of the language and conduct

of the captain of the Tuscarora 41

Departure of Captain Semmes, with the majority of his officers, from

Gibraltar, April 11. Tuscarora remains at Algeciras 42

Sale of the Sumter to British owners, December 19 43

Protest of the United States minister at Madrid, on the ground of her

being a prize taken by the confederates 45

Protest of Consul Sprague, on the ground of her sale being to avoid
capture 1

Denial of Lieutenant Chapman that the Sumter was a prize. She was
formerly the Habana, and purchased from her owners at New
Orleans 47

Demand of purchaser for a British register. The governor requests in
structions 47

Protest of Mr. Adams against the sale 47

Vessel re-named the Gibraltar. Her movements watched by the United

States ship Chippewa 48

Mr. Klingender s application for a register and to laud the guns. He
bought her for 19,500 49

Request of naval authorities for instructions as to the protection to be
afforded to the Gibraltar 50

Opinion of law-officers. The sale could not properly have been pro
hibited. The purchaser entitled to a register. If the vessel is cap
tured, her condemnation by a United States prize-court would not
warrant the interference of Her Majesty s government 52

Instructions given in this sense. The purchaser to be warned that Her

Majesty s ships will not protect the vessel from capture 53

Telegram sent to Gibraltar accordingly, with explicit instructions not
to protect the vessel beyond the three-miles limit of British
waters 54

Further protest from Consul Sprague. Sale will not be recognized 55

Arrival of the vessel in Liverpool, February 13. Letter from Mr.
Adams calling attention to the bearing on the case of the Queen s
proclamation limiting the stay of vessels in British ports 56

Opinion of law-officers. Proclamation not applicable unless it can be
shown that the vessel has not been T)ona fide converted into a mer
chant-ship. Reply to Mr. Adams accordingly 57

Rejoinder from Mr. Adams. His views as to the sale of vessels of war

in neutral ports 58

Report from customs. No foundation for the supposition that the ves
sel is being re-equipped. Mr. Adams informed 59

Opinion of law-officers. Mr. Adams under a misapprehension as to the
rule with regard to the sale of vessels of a belligerent in neutral
ports. Such vessels, if captured, may be condemned in a prize-
court, but the sale is not illegal as regards the neutral. Case of the
Baltica 61 C2

Mr. Adams s thanks for result of the inquiry made at Liverpool being

communicated to him 61 93

Letter to Mr. Adams. Explanation of the rule of international law in

the case of the sale of vessels of a belligerent in neutral ports 62 93

Further correspondence on the subject 63 95

Vessel said to be refitting for sea 63 96

Reports from customs. She is being prepared for a mercantile
voyage 64 96

Mr. Adams informed. Depositions forwarded by him. Deposition of

Moses Lansing 65 97

Deposition of John Markham ; two large guns being shipped 66 98



BRITISH CASE AND PAPERS. 5

Geneva Second
edition, [edition.

Page. Page.

Immediate inquiries made. No guns on board 67 99

Further inquiries. Request of owners to be informed whether their
vessel will be seized if they ship two large fort-guns 70 103

Opinion of law-officers. Explanations should be required and a clear
ance refused in the mean while 71 104

[v] * Instructions given accordingly 72 104

The vessel chartered by Captain Blakely, who is the shipper of
the guns. Law-officers consider further explanations necessary 73 108

Police report respecting this vessel and the vessels Phantom and South
erner 74 108

Clearance to continue to be withheld 75 103

Letter from Captain Blakeley. Guns intended for a fortress. Too
large for use at sea . 77 111

Opinion of law-officers. Clearance may be granted 80 113

Guns landed at Gibraltar have been removed by the purchaser of the
vessel, September 3 80 114

Explanation of customs collector as to a statement said to have been
made by him that no obstacles would be placed in the way of the
guns being shipped if they were intended for the Federal Govern
ment. Shipments of this kind have been constantly going on to the
Northern States since the commencement of the civil war, and are
still being continued 82 116



NASHVILLE.
October 30, 1861, to February 24, 1862.

Arrival of the Nashville at Bermuda, October 30, 1861 87 123

Refusal to supply her with coal from the government stores 88 124

Instructions to colonial governors as to the treatment of vessels under

the confederate flag 89 125

Arrival of the Nashville at Southampton, November 21 90 126

Opinion of the law-officers as to the course to be adopted toward her. . 90 126

Directions given to prevent her adding to her warlike equipment or

taking on board guns or munitions of war 91 127

Report of Captain Patey. Prisoners from Harvey Birch landed 91 128

Nashville docked. She is a regularly commissioned ship of war 92 128

Representation from Mr. Adams. Request that inquiry may be made
as to the authority possessed by the vessel, and as to her making

more effective preparations for war 93 129

Deposition of W. H. Nelson as to destruction of Harvey Birch 94 131

Copies of the ship s articles and Lieutenant Faimtleroy s commission

forwarded to the admiralty by Captain Patey 95 132

Application for a warrant against Captain Pegrain for delivery of arti
cles captured in Harvey Birch 97 134

Inquiry made as to the purpose for which the Nashville entered port . 98 135

Opinion of the law-officers. The vessel is properly commissioned, and
national ships of one party resorting to British ports cannot bo in
terfered with in respect of hostile acts done on the high seas to the

ships of the opposite party 99 136

Further opinion. No English magistrate has jurisdiction to issue the
warrant applied for, the Nashville being undoubtedly a commis
sioned ship of war 100 137

Reply to Mr. Adams s representation. Directions already given to
prevent any violation of neutrality, and further instructions will be

issued if required 101 138

Satisfaction expressed by Mr. Adams at the intentions of Her Majesty s

government 102 140

Report from customs. The Nashville has been docked for repairs to

her keel 103 141

Report from Captain Patey. No warlike equipment has taken place. 105 143

Deposition of F. Williams, deserter from the Nashville. Statement

that she was represented to be a merchant-ship at Bermuda 103 144

Attempt of two officers and three men of Tuscarora to watch the Nash
ville in Southampton docks 107 146



6 TREATY OF WASHINGTON.

Geneva Second
edition, edition.

Page. Page.

Mr. Adams informed tha,t arrned parties cannot be allowed to land
from United States ships of war and that hostilities will be pre
vented in British waters. Application of the rule of twenty-four
hours 108 146

Promise of captains of both ships to observe the rule 109 148

Movements of the Tuscarora. She leaves Southampton and returns.. 113 151

The Nashville and Tuscarora to be ordered to leave port

[vi] * Departure of the Tuscarora, January 29 116 155

Remonstrance from Mr. Adams against intimation given to the

captain of the Tuscarora 117 155

Statement of facts for\varded to Mr. Adams. Her Majesty s govern
ment have reason to complain of the attempt of the captain of the
Tuscarora to carry on hostilities in British waters 121 159

Return of the Tuscarora to Cowes Roads. Notice given to her not to

sail till twenty-four hours after the Nashville, February 3 124 162

Eeport from the governor of Bermuda. No truth in the statement of
Williams that the Nashville was represented to him to be a mer
chant-ship 126 165

Arrival of the Nashville at Bermuda, February 20. Departure, Feb
ruary 24 .- 127 166

Steps taken to enforce the twenty-four rule in favor of United States

merchant- vessels there 128 167

Mr. Adams informed of the falsehood of Williams s statement . . 128 166



BERMUDA.
Augvst, 1861.

Mr. Adams s application for the detention of the Bermuda, believed to
be intended to make war against the United States. August 15,
1861 133 173

The treasury requested to make immediate inquiries, and to take such

steps as may be warranted by law 133 173

Report from the customs authorities at West Hartlepool 134 174

Opinion of the attorney general that there is nothing to prove an in
tention to employ the vessel for a warlike purpose, or to warrant
interference ; the persons concerned must take the consequence
which may ensue from a portion of the cargo being contraband of
war 138 178

Mr. Adams informed accordingly 138 178

Extract from log-book of the Bermuda, showing that she ran into Sa
vannah, and returned with a cargo of cotton 139 179

Indorsement on her register as to her seizure by the United States

bloikading squadron on her second voyage 135 176



HECTOR,

November, 1862.

Mr. Adams s inquiry as to the Hector, said by some to be building for
Her Majesty s goveruinent, by others to be intended for the confed
erates 143 185

Vessel found to be intended for Her Majesty s government 143 186



GEORGIANA.
January 16 to March 20, 18o3.

Mr. Adams s representation as to the Georgiana, built at Glasgow, now
at Liverpool, and believed to be intended to cruise against the
commerce of the United States. Report from the United States
consul in London, who cannot give the names of his informants,

. January 16, 1863 147 191



I
BRITISH CASE AND PAPERS. 7

Geneva Second
edition, edition.

Page. Page.

The treasury and home office requested to send directions by telegraph
to the authorities at Liverpool, and to take any steps which may

be warranted by law 148 192

[ vii] * Mr. Adams informed of the above instructions, but warned that
Her Majesty s government cannot be answerable for difficul
ties resulting from the evidence on which the representation is based
being withheld 148 192

Answer from home office. Evidence oil oath will be required for any
legal action 149 193

Reports from the customs as to the nature of the vessel no guns on
deck, no fittings for guns. Vessel not adapted for a privateer, bet
ter suited for running the blockade. Cleared for Nassau 149,150.152 ( 194,

195,
197

Report from the mayor of Liverpool to the same effect. Assertion of
the United States consul that she has ports, arms, and fittings for
guns 154 198

Further reports from the mayor. The ports made to let out the water.
Vessel not adapted for fighting, and has no fittings for guns. She
sailed January 21 155,156 199,200

Mr. Adams informed of the above particulars 156 201

Mr. Adams s suspicions not removed 157 201

Statement made to the British consul at New York, that the Geor-
giana is intended for a privateer, and that another vessel, named the
South Carolina is to be fitted out in the Clyde 158 203

Contradictory statement received by him. The Georgiana is a pri
vate merchant-ship, intended to run the blockade 159 204

Report of the destruction of the Georgiana while trying to run the
blockade at Charleston 160 205

Mr. Adams s representation as to the refusal of the authorities at Nas
sau to detain the Georgiana 161 206

Correspondence of the United States consul at Nassau with the colo
nial authorities 162 207

Report of the commissioners of customs as to the assertion that an
other vessel is fitting out in the Clyde. There is but one vessel
adapted for war fitting out at Glasgow, and she will be watched.. . 163 208

Opinion of the law-officers. The Georgiaua does not appear to have
been fitted out or equipped for war either in England or at Nassau ;
no violation of neutrality has been committed ; the other vessel
should be watched .. 164 209



PHANTOM.

Marcli 26 to Jane 3, 1863.

Mr. Adams forwards, March 26, 1863, a report of the United States
consul at Liverpool, stating that the Phantom built there, and the
Southerner, about to arrive, are intended for the confederate ser
vice. The consul supposes that it will be impossible to obtain legal

. evidence 167 215

The home office and treasury requested to make inquiries and take
steps, March 27 168 216

Lord Russell suggests that the United States consul should communi
cate the evidence on which his statement is based to the mayor of
Liverpool 168 216

Reports from the police and customs authorities 169 217

Mr. Adams expresses his satisfaction at the readiness shown in making

investigations 171 219

Depositions forwarded by Mr. Adams as to the character of the Phan
tom, and Captain Bullock s connection with her. They are referred
to the treasury and home office 171,174 220,222

Report from the commissioners of customs. The vessel is adapted for
running the blockade, but not for a privateer. The solicitor to the
United States consul admits that there is no case against her 175 223

Mr. Adams informed accordingly 177 226



8 TREATY OF WASHINGTON.

Oeneva Second
edition, edition.

Page. Page.
Further deposition forwarded by Mr. Adams, stating that men were

on board the Phantom in uniform 176 225

Report from the customs authorities. The statement that men in uni
form were on board is incorrect. The vessel is much too fragile for

fighting purposes 178 227

Mr. Adams informed 179 228

[vm] "Further statements forwarded by Mr. Adams as to the connec
tion of the vessel with persons in the confederate interest 179 228

Mr. Adams is informed that no evidence has been produced sufficient
to warrant interference with the vessel 181 230



SOUTHERNER.
Marcli 26 to July 3, 1863.

Assertion of the United States consul at Liverpool that there is no
doubt of the Southerner being intended for a confederate cruiser,

forwarded by Mr. Adams March 26 167 215

Police officers at Liverpool ordered to make inquiries , 186 236

Statement of the consul of the grounds for his assertion 187 237

Depositions forwarded by Mr. Adams, June 3 187 237

The home office and treasury requested to send telegraphic instruc
tions to Stockton-on-Tees, Middlesborough. Hartlepool, and Liver
pool to watch the vessel and take legal steps if there appears any

ground for interference, June 4 190 240

Letter from the Union and Emancipation Society, giving information

as to the Southerner , 191 242

Report from the customs collector at Stockton, who believes the ves
sel to be built for carrying cotton 193 243

Similar report from the mayor of Stockton 194 244

Reports from Hartlepool. The vessel does not appear to be fitted

for warlike purposes 195 245

Opinion of the law-officers. The vessel should be watched, but there
is not sufficient evidence at present to warrant her arrest. Most of

the evidence furnished by Mr. Adams is on hearsay 197 247

Mr. Adams informed accordingly 203 253

Representation made by the United States consul at Newcastle to the

customs collector at Hartlepool 199 250

Further reports from Hartlepool 201 251

The treasury requested to have the vessel examined by aa admiralty

surveyor 200 250

Further opinion of the law-officers. There is still nothing to justify

any proceedings. All that can be done is to watch her closely 203 254

Reports by the admiralty overseer and customs officer who have been
instructed" to examine the vessel. There is nothing in her appear
ance, construction or fittings to indicate that she is intended for

warlike purposes 206, 207 257, 258

Mr. Adams informed accordingly 208 259

The United States consul at Algiers reports that the Southerner is en
gaged in carrying cotton from Alexandria to Liverpool . . , 209 260



ALEXANDRA.

March 20, 1863, to May 30, 1365.

Mr. Adams s first representation. Application of the United States
consul at Liverpool for the seizure of the Alexandra, supported by
affidavits, March 31 ^ - 219 271

The home office and treasury requested to take any steps that may bo
warranted.. 227 279



BRITISH CASE AND PAPERS.

(renova Second
edition, edition.

rage. Page.

Report from the customs, the vessel will be watched 228 280

Opinion of the law-officers, advising the seizure of the vessel 230 282

The treasury requested to give orders accordingly, April 4 230

Mr. Adams is informed, and expresses his satisfaction 231 284

Report from the customs. The vessel has been seized, April 5. Can

registry be refused ? 232 284

Opinion of the law-officers that registry should be refused 234 287

Mr. Adams s proposal for simultaneous action on the part of the United

States Government 234 286

[ix] *Further explanations requested 235, 240 583, 293

Mr. Adams, after further legal advice, thinks it better to with
draw the proposal 240 294

Reports from the police authorities of investigations made to collect

evidence , 236 289

Damages claimed by tha defendants after acquittal of the vessel com
promised for 3,700 242 296



MARY, (OR ALEXANDRA.)
PART II.

Arrival of the Mary or Alexandra at Halifax. Representation of the
consul to the governor, September 10, 1864. The governor declines

to interfere without evidence, but has made inquiries 2 17 299

Similar representation by Mr. Seward to the British charge d affaires
at Washington. The governor s reply. Mr. Seward s satisfaction. 272,273323,324

The Mary at Nassau, December, 1864 249 .301

Statement made to British charge d affaires at Washington by Mr. Sew
ard as to vessels being fitted out at Nassau for the confederates. .. 301

The receiver-general is called upon by the governor to report 250 302

He reports that no vessels have been so fitted out 234 306

Representation by the United States consul that the Mary is having

guns put on board and being fitted out 250 301

Opinion of the attorney-general. Orders given to search the Mary.. 251 303

A small gun is found 011 board, but stated not to be fitted for use at

sea 252 304

Opinion of the attorney-general. The circumstances are not sufficient

to warrant immediate seizure, but the vessel should be watched.. . 253 304

Hammocks and other articles found on board on subsequent search.. 255 307

Report of an artillery officer that the gun found might be used at sea 256 307
Remonstrances of the United States consul against the decision of the

governor 1 f 257 308

Reply of the governor. If there is any evidence to prove violation of

the law, prompt measures will be taken 258 309

The consul s rejoinder. Most of his information conies to him from

confidential sources , 2GO 311

Dispatch from the governor, reporting the seizure of the vessel 258 310

A gun and other suspicious articles found upon further search 261

Opinion of the attorney-general that the vessel should be seized 261 312

Vessel seized accordingly 262 313

The consul informed. His satisfaction 265 316

Reports from the attorney-general as to the course to be pursued. The

opinion of the English law-officers requested by him 265, 267 316, 318

The British charge d affaires at Washington informed of the seizure. 263 318

Inquiries of the owners of the vessel on what authority she has been

seized 270 320

He is informed that the vessel has been seized for violation of the for
eign-enlistment act, and will be tried 325

Opinion of the law-officers of England as to the course to be pursued. 270 321

Mr. Seward informed of the seizure of the vessel. His satisfaction.. 273,274 324, 325
Instructions to the governor of the Bahamas approving his conduct,

and informing him of the opinion of the law-officers 275 326

The solicitor-general at Nassau having accepted a brief for the de
fendants, is requested by the governor to resign

Mr. SeAvard s expression ot satisfaction at the course pursued 279 331

Report by Admiral Hope of the construction and fittings of the vessel 278 330



Online LibraryGreat BritainThe case of Great Britain as laid before the Tribunal of arbitration Convened at Geneva under the provisions of the treaty between the United States of America and Her Majesty the queen of Great Britain, concluded at Washington, May 8, 1871 (Volume 02) → online text (page 1 of 101)