That she has a crew of fifty men, and is capable of carrying two pivot guns amid ships and four broadside both forward and aft, the ports being made to "ship and un ship," port-bars, breeching, side tackle, bolts, &c.

That she has shell-rooms, a magazine and light-rooms, and "handing-scuttles" for handing powder out of the magazine, as fitted in the naval service, and shot-boxes for Armstrong shot, or shot similar to them. Round the upper-deck she has five boats, (I should say,) a ten-oared cutter, an eight-oared cutter, two gigs, and a jolly-boat, and davits for hoisting them up, her accommodation being in no respeet different from her similar class of vessels in the royal naval service.

And on my asking the captain of the Oreto, before my own officers and three of his own, whether she had left Liverpool fitted in all respects as she was at present, his answer was, "Yes, in all respects," and "that no addition or alteration had been made whatever."

In witness of this report, and ready to testify to its correctness, we the undersigned

affix our names.

H. D. HICKLEY, Commander.

JNO. L. GILBY, Lieutenant.

C. S. CARDALE, Lieutenant.

B. B. STUART, Master.

P. O. M. PRESGRAVE, Assistant Paymaster.
E. B. GIDLEY, Gunner.

E. EDWARDS, Carpenter.

W. ROSKILLY, Gunner's Mate.

JOHN LEWARN, Seaman Gunner.

[Inclosure 22 in No. 17.]

Opinion of the attorney general, Nassau.

I have perused the accompanying letter of Commander Hickley, of Her Majesty's ship Greyhound, with the report of himself and officers on the state of the British steamship Oreto, and am of opinion that there is nothing contained in those documents which would justify the detention of the vessel.

SIR: The boatswain and some of the crew of the British screw-steamer Oreto having come on board the Greyhound this morning, and made a variety of statements [24] publicly before me to her prejudice as a legal trader on her first leaving, and

since having left Liverpool, and that they had now left the Oreto, as they could not ascertain her destination, although she has cleared from this port for the Havana some days since; that she was a suspicious vessel, and shipping, or attempting to ship, another crew; these circumstances, her long detention in this port, her character, her fittings, convinced as I am also that during her stay in the port arrangements have been made for arming her outside, with the previous correspondence on her account, and the suspicions already cast on her, her evident equipment for war purposes, although not at present armed, or to my knowledge having any arms on board, and my conviction, as also that of my officers and men that have been on board her, that she is built intently for a war-vessel and not for a merchant-ship, make it incumbent on me to seize the Oreto, as a vessel that can be no more considered as a free-trader, but that she is, on the contrary, calculated to be turned into a formidable vessel of war in twenty-four hours; and that this, I am convinced, will be the case if she is permitted to leave Nassau.

And therefore, in her present state, a vessel under 'British colors sailing from hence in such an equipped state to a professional eye, that I consider it would be a downright neglect of duty on my part to permit her proceeding to sea, without again urging most strongly on your excellency the expediency of taking charge of her as an illegally. equipped British vessel, as in my professional capacity, as also in the opinion of my officers, it is impossible to consider her as any other, she being a bona fide vessel of war on our royal naval principle.

H. Ex. 282

-17

On my former communication to your excellency, of the 13th June, I have the Crown lawyer's opinion, and I again bring the facts of the broadly suspicious character of the Oreto before you, with the addition of those of her old crew having left her, and for why? as likewise her entering, or attempting to enter, a new crew, for your consideration and the law-officers of the Crown; and, failing their sanction to take charge of the Oreto, (and it is improbable, if not impossible, that they can know a war-vessels' equipment as well as myself and officers,) I have to suggest that I should forthwith send her to the commodore, or commander-in-chief, on my own professional responsi bility; as allowing such a vessel as the Oreto to pass to sea as a British merchant-vessel and a peaceful trader would compromise my convictions so entirely as to be a neglect of duty, as senior naval officer here present, and certainly not doing my duty in co-operating with your excellency for the protection of the harbor of Nassau.

I have, &c.,
(Signed)

[Inclosure 24 in No. 17.]

Governor Bayley to Commander Hickley.

H. D. HICKLEY.

GOVERNMENT HOUSE, Nassau, June 16, 1862.

SIR: I have the honor to acknowledge the receipt of your letter dated 15th June. I lost no time in referring it to the Queen's advocate; and the opinion of that functionary I have now the honor to transmit to you.

Before I proceed to make any further comments on either of these documents, it is necessary that I should premise that, as yet, I am ignorant whether you as senior naval officer on the station consider that in any case affecting the police of the harbor, and the status of ships resorting to it, you ought to act in concert with me, or independently of me. It is only on the assumption that the former is the line prescribed that the communication of my opinion on any such subject can be either necessary or effective. Assuming, then, that your movements are to be influenced by my instructions, I would state my general concurrence with the opinion of the attorney general and Queen's advocate. I do not consider that suspicion alone would justify the seizure of the Oreto, and the case as stated by yourself hardly seems to go beyond suspicion.

And the suspicion itself attaches not to any acts done by the Oreto, but only to the intention of her equipment. Indeed, the testimony of the crew I understand to amount to no more than an expression of suspicion. Now, I do not consider that I have any legal authority to seize a vessel merely on the suspicion of her intentions. It seems to me that such an act on my part would violate the hospitalities of the harbor, and be a precedent for grave injustice on future occasions.

The Oreto, as you are aware, has, in deference to your remonstrances and my orders, discharged her cargo of shell, shot, and ammunition, and is ready to clear in [25] *ballast. She has thus divested herself of the character of an armed vessel leaving this port for belligerent purposes. I do not think it consistent with law or public policy that she should now be seized on the hypothesis that she is clearing out for the purpose of arming herself as a vessel of war beyond the limits of the harbor. We have done our duty in seeing that she does not leave the harbor equipped and prepared to act offensively against one of two belligerent nations, with each of whom Great Britain is at peace.

And if she has still any such intention—an intention which cannot be fulfilled within the harbor-I think this could be effectually thwarted by giving instructions that the vessels which are supposed to be freighted with her arms, and to be prepared to go out with her, should not leave the harbor within forty-eight hours after the Oreto has

left it.

If, however, you still retain the firm conviction not only that she is about to arm as a vessel of war, but also that she is already partially equipped as one, and moreover that she is engaged to act against a belligerent state which is at peace with Great Britain, and that she has enlisted a crew for that object, your proper course undoubtedly is, on seizing the Oreto, to submit the question of her condemnation to the vice-admiralty court of this colony.

To remove her to Bermuda, Halifax, or any other colony, for the purpose of having her condemned there, would be a course not only at variance with prescriptive usage. but-as I cannot help thinking-open to censure as implying an unmerited imputation on the fairness and competency of the court of this colony. It is a course which I cannot myself recommend or sauction, and which if adopted by you must be adopted on your own responsibility.

I am assuming all along that you are desirous of acting in concert with me in this matter. If, however, you deem that the whole subject is one not only of such gravity, but one also involving such minute professional knowledge that the opinion of an experienced naval mau ought to outweigh the opinion of any civilian, and if your

instructions direct you in extreme cases to act independently of the civil government of any colony wherein you may be stationed, I can only express my hope that any course which you may resolve on taking will be followed by results as worthy of your professional merits as their attainment is creditable to your professional zeal.

I have, &c., (Signed)

C. J. BAYLEY.

[Inclosure 25 in No. 17.]

Opinion of the attorney-general, Nassau.

The report of Commander Hickley does not appear to me to carry the case against the Oreto further than shown in the previous reports of himself and Commander McKillop, and I contend that no case has as yet been made out for the seizure of that vessel under the foreign-enlistment act.

With respect to the suggestion in the concluding part of Commander Hickley's letter I have to remark that if the vessel is liable to seizure at all it must be under the provisions of the foreign-enlistment act, and if so seized the question of her liability may as readily and efficiently be decided in the court of vice-admiralty of this colony as before any tribunal in Her Majesty's colonial possessions, and consequently that no necessity exists, nor do I think that any excuse can be made for sending her, as suggested by Commander Hickley, to the commodore or commander-in-chief who, I presume, are either at Bermuda or Halifax; while on the other hand, if I am correct in the view I have taken of her non-liability to seizure, the reasons against sending her hence will, of course, be far more powerful; and therefore, on either view of the case, I advise his excellency to withhold his sanction from the course of action suggested.

(Signed)

ATTORNEY GENERAL'S OFFICE, June 16, 1862.

G. C. ANDERSON.

GREYHOUND, Nassau, June 16, 1862. SIR: In answer to your letter of to-day, and with reference to its third paragraph and your excellency's question therein, viz, "I am ignorant whether you, a senior naval officer on the station, consider that in any case affecting the police of the harbor and the status of ships resorting to it you ought to act in concert with me or independent of me?" my answer is, I am certainly here to act in concert with your excellency on all occasions influencing Her Majesty's service in sustaining the execution of the laws when called upon by you officially to do so. Independent in my action in my official capacity afloat, carrying out such services co-operating with you, as senior naval officer in the harbor, to the best of my judgment for due respect being paid to it, and using my discretion as a seaman in things pertaining to my profession, submitting what may be necessary for Her Majesty's service to you, and in the case of prompt action being required among the shipping, using my own discretion, and in such cases as the Oreto acquainting you immediately.

On the Oreto I have repeated my professional opinion, as also that of my officers, and I still have to express my conviction that she is a vessel of war that can be equipped in twenty-four hours for battle, and that she is now about going out of the harbor as nearly equipped as a vessel of war can be without guns, arms, and ammunition.

But since it is not sanctioned by the law-officers of the Crown in Nassau to detain the Oreto on my reports, and I am told by your excellency that you do not think it consistent with law or public policy that she should be seized on the hypothesis that she is clearing out for the purpose of arming herself as a vessel of war beyond the limits of the harbor, taking into consideration her equipment as she now is, and my decided statement as to the character, build, fittings, &c., for your information, I have the honor to report that I should not like to take on my own responsibility the further detention of the Oreto for the purpose of placing her in the admiralty court here, it being contrary to the law-officers' opinion; nor should I desire to adopt the course of sending her to the commander-in-chief against your excellency's wishes. I will therefore remove the officers and men in charge of the Oreto, and as a final decision has been come to, offer no further obstacle to her sailing.

I have, &c.,

(Signed)

H. D. HICKLEY,

[Inclosure 27 in No. 17.]

Governor Bayley to Commander Hickley.

GOVERNMENT HOUSE, Nassau, June 17, 1862. SIR: I have the honor to acknowledge, and the pleasure of thanking you for your letter dated the 16th instant, in reply to my letter of the same date.

I can assure you I am perfectly sensible of the zealous activity which you have exhibited in your attempts to preserve the neutrality of the harbor, in accordance with the law of England and the avowed policy of Her Majesty's government. And I ain quite certain that in every case where your services may be required to protect either the peace or the neutrality of the harbor I may rely upon your prompt and hearty cooperation.

I felt it my duty in my letter of yesterday to express to you unreservedly my opinion on the case of the Oreto, and the doubts which I entertained respecting the legality and policy of preventing her from leaving the harbor.

These doubts were much increased by the strong opinion expressed by the law-officer of the Crown who discharges the conjoint duties of Queen's advocate and attorney general in this colony.

In deference to the views entertained by that officer and myself, you have, I now understand, removed the officers and crew who were in charge of the Oreto, and thereby given her the option of leaving the harbor.

But in the letter which announces this proceeding you repeat the expression of your own and your officers' conviction that "the Oreto is a vessel of war which can be equipped in twenty-four hours for battle." And in your brief conversation with me

this morning you stated that, though the Oreto had discharged some of her [27] suspected *cargo here, still she was not leaving the port empty. A professional opinion coming from an officer of your character and rank cannot fail to have its due weight with me. On the one hand I am unwilling to place any restraint on a vessel which has not as yet been formally proved to have violated the law or impugned the neutrality of the harbor by any overt act. I am equally unwilling to place any limit on the rights of hospitality usually accorded to vessels of all nations in English harbors. I am most unwilling to strain the law to the prejudice of any vessel seeking that hospitality. But at the same time I cannot fail to recognize the great importance of the testimony which may be brought forward by yourself and your crew; nor can I fail to see the grave consequences which might result if a vessel equipped and fitted as you represent for the purposes of war were quietly allowed to take a crew here, and quit the harbor with the intention of fighting on the side of one of two belligerent states with each of whom Great Britain is at peace.

To the doubts which this dilemma creates, I can see only one solution. The equipment of the Oreto, the object of her voyage hither, the intent of her voyage hence, the nature of her crew and the purpose of their enlistment, are all the fair subjects of judicial investigation. We cannot detain or condemn her on mere suspicion; nor, when suspicion has been so generally aroused, can we permit her to depart unexamined and unabsolved.

Under every aspect, therefore, of the case, I think the best course which can be taken in the interests of yourself, the colony, and the government, will be to seize the Oreto, and at once submit the question of her condemnation to the local court of vice-admiralty; and I am glad to see that you abandon the idea of carrying her before the court of any other colony. If, on the evidence which you adduce, the court condemn her, you will have the satisfaction of having prevented, certainly an illegal, and probably a disastrous, voyage. If the court do not condemn her, you will have the satisfaction of having discharged your duty under circumstances of anxious doubt and difficulty, the solution of which will hereafter smooth the course of others placed in situations equally trying and embarrassing.

My opinion is that an appeal to the decision of the local vice-admiralty court is the best expedient which could be embraced by all the parties interested in the matter. I will give the necessary instructions to the Queen's advocate. I have, &c.,

(Signed)

Inclosure 28 in No. 17.]

C. J. BAYLEY.

Governor Bayley to the Duke of Newcastle.

GOVERNMENT HOUSE, NASSAU, NEW PROVIDENCE,

Bahamas, June 26, 1862.

MY LORD DUKE: I have the honor to inclose copies of a letter addressed to Captain Hickley, royal navy, commanding Her Majesty's ship Greyhound, by the consul of the United States at this port, and of Captain Hickley's reply to that letter.

I have, in my dispatch, so fully entered into the details of the Oreto affair that it would be superfluous to trouble your grace with any reply to the criticisms which Mr. Consul Whiting has been pleased to pass upon the conduct of this government.

I leave it to your grace's superior judgment to decide whether the attention of the minister of the United States should not be drawn to the irregular proceedings of the consul, and making a gratuitous compliment to one of Her Majesty's naval officers, the vehicle of an equally gratuitous sneer at Her Majesty's principal civil officer in the colony to which he is accredited.

[29]

I have, &c.,
(Signed)

C. J. BAYLEY.

*[Inclosure 29 in No. 17.]

Mr. Whiting to Commander Hickley.

UNITED STATES CONSULATE,
Nassau, June 24, 1862.

SIR: I feel it is due to you that I, as the representative of the United States Government at Nassau, should express to you my hearty thanks for the activity and energy you have manifested in causing the detention, if not the condemnation, of the rebel privateer Oreto.

From the evidence in my hands of the warlike character and designs of that vessel, I am astonished that the colonial government should have made it necessary for your interference in the matter. I am safe in assuring you that your prompt and decisive action in regard to this ship will meet with the high approval of the civilized world, and the sincere thanks of the Government I have the honor to represent.

I shall take pleasure in communicating your noble action in this matter to my Government as soon as possible.

SIR: I have the honor to acknowledge the receipt of your letter of yesterday, in which, as the representative of the United States Government at Nassau, you 66 express your hearty thanks as due to me, for the detention, if not the condemnation, of the rebel privateer Oreto." And while expressing my sense of such communication from the representative of a foreign governinent in a British port, I must at the same time acquaint you that, co-operating as commander of Her Majesty's ship Greyhound with his excellency the governor of the Bahamas for the protection of the harbor of Nassau, I have deemed it expedient to arrest a vessel called the Oreto, under British colors, supposed to be acting in contravention to the foreign enlistment act, and that in so doing I have acted quite in harmony with the local government.

As to the astonishment which you express, "that the colonial government should have made it necessary for me to interfere," I have to inform you that in this affair I have performed only an executive duty in reporting to the governor the fittings and equipment of the Oreto, and suggesting to his excellency the propriety of placing her in the admiralty court for adjudication, as it is only by a naval officer's knowledge and experience in such matters that the government could be guided, and only on his professional opinion that it could act.

I have, &c., (Signed)

H. D. HICKLEY.

No. 18.

Earl Russell to Mr. Stuart.

FOREIGN OFFICE, August 2, 1862.

SIR: You are no doubt aware that the British vessel Oreto, which formed the subject of my dispatches to Lord Lyons of the Explanation nord29th of March and 12th of April last, has been seized in the ed to United States port of Nassau, by Commander Hickley, of Her Majesty's ship Greyhound, acting in concert with the governor of that colony.

Government.