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Confederated States rests almost entirely on the evidence of the steward, Ward, whose testimony I have already explained my reasons for receiving with much doubt.

Under all the circumstances of the case I do not feel that I should be justified in condemning the Oreto. She will, therefore, be restored.

With respect to costs, although I am of opinion that there is not sufficient evidence of illegal conduct to condemn the vessel, yet I think all the circumstances of the case taken together seem sufficient to justify strong suspicion that an attempt was being made to infringe that neutrality so wisely determined upon by Her Majesty's government. It is the duty of the officers of Her Majesty's navy to prevent, as far as may be in ther power, any such infringement of the neutrality. I think that Captain Hickley had prima facie grounds for seizing the Oreto; and I therefore decree that each party pay his own costs.

General report of

No. 37.

Acting Governor Strahan to the Earl of Kimberley.

GOVERNMENT HOUSE,

Nassau, September 5, 1871.

MY LORD: In compliance with the instructions contained in your lordship's circular dispatch of the 24th of July last, I have proceedings at Nas the honor to forward a report by the attorney general of the colony of the proceedings of the steamship Oreto, afterward known as the Florida, on her arrival here, first toward the end of April, 1862, and again on the 26th of January, 1863.

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This report is accompanied by a list of witnesses examined in the vice-admiralty court of the colony in the case of the Oreto; by an affi davit of the present acting receiver general, in reference to the original report of the arrival of the Oreto at Nassau, and of her final clearance and departure therefrom; by an authenticated copy of the permission which the commander of the Florida received from the local government to anchor his vessel in the harbor, for the purpose of obtaining coal; byan affidavit of Mr. Yorick Webb, an officer of the customs department, in relation to the arrival of the Florida; by a certified copy of decree by the judge of the vice-admiralty court of the Bahamas in the case of the Oreto; by certified copies of the proceedings in the case; by two local newspapers, one of March 15, 1862, containing the proclamation of Governor Bayley, of the 11th of March, 1862, the other of the 28th of Januuary, 1863, in which are reported the arrival and sailing of the Florida. To the document marked C is attached a certificate under the great seal of the colony that Mr. Dumaresq, by whom the document is certified, is now acting colonial secretary, and to the affidavits is attached a similar certificate that Mr. Doyle, before whom they were made, is chief justice of the colony.

After the very clear report of the attorney general I do not feel myself called upon to make any remarks on the case.

I have, &c.,
(Signed)

GEO. C. STRAHAN, Administrator.

[Inclosure 1 in No. 37.J

Report of the attorney general.

The Oreto arrived off the port of Nassau toward the end of April, 1862, and was conducted into Cochrane's Anchorage, some miles to the eastward of the port of Nassau where she remained at anchor until the early part of June following.

She was reported as having arrived from Liverpool in ballast, and was alleged, and she so appeared from her papers, to be a British merchant-vessel. It was

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[53] rumored, however, that her build and fittings were such as to render her easily capable of being converted into a vessel of war; but as there was no evidence of any overt act of equipment having taken place since her arrival in Bahama waters, no action was taken by the governor or the naval authorities at Nassau in respect of her; but she was kept under surveillance by Commander McKillop, of the Bull Dog, the then senior naval officer on this station. This state of circumstances existed until the early part of June, when application was made to the receiver general and treasurer by Messrs. H. Adderley & Co., the consignees of the vessel, to be allowed to load her for an outward voyage to Saint John's, New Brunswick.

It may be here remarked that during the existence of the blockade of the southern ports of America, vessels leaving the port of Nassau, with the intention of endeavoring to run their cargoes into the blockaded ports, almost invariably cleared for Saint John's, New Brunswick; and many of them took in their outward cargoes at the anchorages adjacent to the harbor of Nassau. There was, therefore, nothing peculiar in the application to load in this case; but from the suspicious circumstances connected with the build and fittings of the Oreto, the receiver-general, before granting the usual permission to load, referred the question to the governor, and the subject was considered in council on the 4th of June, 1862, when the following order was adopted:

"JUNE 4, 1862.

"At an executive council his excellency the governor, with the advice of the board, was pleased to make the following order:

"1. That the Oreto, if practicable, should take in her cargo within the port of Nassau.

“2. That if, however, it be found impracticable, from the depth of water in port or otherwise, that she cannot conveniently take in her cargo within the port, then that she be permitted to do so at Cochrane's Anchorage, under the direct supervision of officers of the revenue department, to be specially appointed for the purpose.

"3. That in consequence of the suspicions which have arisen respecting the character of the Oreto, it is advisable that a British vessel of war should remain at Cochrane's Auchorage, in the immediate vicinity of the Oreto while she is taking in cargo, and to prevent such vessel being detained at the anchorage an inconveniently long time there be imposed as a condition, for the permission for the Oreto to load without the port, that she complete her lading at Cochrane's Anchorage within a period to be designated by the chief officer of the revenue department.

"His excellency was further pleased to direct that a copy of the foregoing order be furnished to the receiver general and treasurer, and the commander of Her Majesty's ship Bull Dog, respectively, for their information and guidance.”

A copy of this order was forwarded to the naval commander in the following letter:

"COLONIAL SECRETARY'S OFFICE,
"Nassau, June 5, 1862.

"SIR: I have the honor to inclose, for your information and guidance, a copy of an order made by his excellency the governor yesterday, with the advice of the executive council, in the case of the steamer Oreto, now at Cochrane's Anchorage.

"I have, &c.,

(Signed)

"Commander MCKILLOP,

"C. R. NESBITT, Colonial Secretary.

Her Majesty's ship Bull Dog, New Providence."

The order was also communicated to the consignees of the vessel, who thereupon determined to bring her into the port of Nassau, and she was accordingly removed from Cochrane's Anchorage and brought to the harbor of Nassau, which she entered on the 7th June, and on the 9th the lading of the vessel commenced with cargo, a part of which consisted of arms and ammunition, among which were a number of boxes of shells. For some unexplained reason, however, the consignees changed their purpose, and obtained leave to land the cargo they had put on board, and to clear the vessel out in ballast for Havana.

By this time Commander McKillop, of the Bull Dog, had left the station, and Commander Hickley, of the Greyhound, had succeeded him.

This latter officer visited the Oreto on the 10th, with several of his officers, for the purpose of examining her; and on the 13th he addressed a letter to the governor, forwarding a report from his officers, of which papers the following are copies: [54] *"GREYHOUND, Nassau, June 13, 1862.

"SIR: After my conversation with yourself and the attorney general on the 9th instant, relative to the Oreto taking in warlike stores for the purpose of becoming an armed vessel, and perceiving lighters alongside her both that afternoon and the day following, and taking into consideration her character, as also Commander McKillop's letters on her account, and the previous steps taken, I proceeded on board the Oreto with competent surveying officers to make the following report to you, for

to inform your excellency that I have seized the Oreto as a vessel evidently preparing and fitted for war purposes, in opposition to the spirit and intention of the foreign enlistment act, and to submit the object of her voyage hither, the intent of her voyage hence, the nature of her crew, and the purpose of their enlistment, to the judicial investigation of the vice-admiralty court of Nassau.

"I have, &c.,
(Signed)

"H. D. HICKLEY, "Commander and Senior Naval Officer at Nassau.

His Excellency C. J. BAYLEY, Esq.,
"Governor Nassau."

This correspondence was forwarded to the attorney general with the following indorsations:

"I leave this matter in the hands of the Queen's advocate.

"JUNE 18."

"C. J. B.

“Forwarded to Queen's advocate with reference to above minute of his excellency the governor. "C. R. NESBITT, Colonial Secretary.

(Signed) "JUNE 18, 1862."

The vessel being so seized on the 20th of June, an affidavit of seizure, as also a supplemental affidavit of the commander and officers of Her Majesty's steamship Rinaldo, were filed, and a recognition was granted on motion of the attorney general citing all parties having interest to appear, and on the 28th a claim was exhibited for the vessel by the master on behalf of Henry Thomas, of Liverpool, the alleged owner, certified copies of which documents, with the exception of the monition, are forwarded herewith.

Subsequently, on the 1st of July, a libel was filed on behalf of the seizer, to which a responsive plea was pleaded on the 21st of that month, and after the examination of a number of witnesses in support as well of the libel as of the responsive plea, the cause came on for hearing before the judge of the vice-admiralty court, Mr. Anderson, the attorney general of this colony and Queen's advocate, arguing the case for the prosecution and Mr. Burnside that for the claimant ; and on the 2d of August the judge of the vice-admiralty court, Sir John Lees, delivered his definitive sentence, dismissing the libel and restoring the vessel to the claimant. Certified copies of the libel, responsive plea, and decree are forwarded herewith.

The decree not being appealed against, the vessel was released; and a new master and crew having been shipped, she was, on the 7th of August, cleared out at the Nassan custom-house as a merchant-vessel with cargo, ostensibly bound on a voyage to Saint John's, New Brunswick, and sailed on that or the next day from the port of Nassau. The goods shipped as cargo consisted of articles which might as well have been intended as stores for the vessel as merchandise for trading, and doubtless were [57] used for the former purpose, as the vessel very shortly afterward appeared as a war vessel in the service of the so-called Confederate States of America under the name of the Florida.

She left Nassan, however, as before stated, without any munitions of war being on board of her under any designation, whether of cargo or otherwise, and must have received her armament as a cruiser afterward, but where particularly is not known. The foregoing statement, as far as relates to the proceedings of the Oreto and those taken in relation to her, up to the period of her release from seizure, is sustained by the proof taken in the cause in the vice-admiralty court, in which all the papers hereinbefore embodied were given in evidence.

Those proofs consist of the depositions of twelve witnesses in support of the libel and of six in support of the responsive plea, copies of which can be obtained if required; but as the decree is the judicial decision upon the entire case as made out by such evidence, it is apprehended that the depositions themselves will not be necessary, and are not now forwarded.

None of the witnesses so examined are now in the colony; a list of their names is appended hereto, marked A.

An affidavit of the present acting receiver general and treasurer, marked B, is also appended in reference to the original report of the arrival and final clearance and departure of the Oreto from Nassau.

This concludes the history of the vessel in her connection with the Bahamas as the Oreto. Her next appearance at Nassau was as the Confederate States vessel of war Florida, in which character she entered the harbor of Nassau on the morning of Monday, the 26th of January, 1863, under the command of one Maffit, who had at one time been an officer in the United States Navy, but who then was in the position of a commissioned officer in the Confederated States service.

Commander Maffit reported the vessel to be in distress, and requested permission to anchor in the harbor of Nassau and to obtain coal. This was granted, and the vessel having coaled, left again on the forenoon of the following day, the 27th.

An authenticated copy of the permission which he received from the local government for the purpose is annexed, marked C, as also an affidavit of Mr. Webb, an officer of the customs, in relation thereto, marked D, and a local newspaper containing the proclamation of Governor Bayley of the 11th March, 1862, is forwarded herewith, as also one of the 28th January, 1863, in which the arrival and sailing of the Florida is reported. G. C. ANDERSON, Attorney General.

(Signed)

ATTORNEY GENERAL'S OFFICE,

Nassau, September 1, 1871.

[Inclosure 2 in No. 37.]

A.

List of witnesses examined in the rice-admiralty court of the Bahamas in the case of the Oreto.

ON THE PART OF THE PROSECUTION.

1. Wynn Feley James Duggan, chief officer of the Oreto.

2. William Porter, seaman of Oreto.

3. Peter Hinson, seaman of Oreto.

4. Charles Ward, steward of Oreto.

5. Walter Irving, fireman of Oreto.

6. John Quinn, fireman of Oreto.

7. Thomas Robinson, fireman of Oreto.

8. Daniel Hamy, coal trimmer of Oreto.

9. Commander Hickley, of Her Majesty's ship Greyhound.

10. Thomas Joseph Waters, a master mariner in the merchant service.

11. Lieutenant Cardale, royal navy.

12. Bay Beaufoy Stuart, master and pilot of Her Majesty's ship Greyhound.

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I, Robert Butler, of the island of New Providence, esquire, make oath and say as follows:

1. I am acting receiver general and treasurer of the Bahama Islands, and have charge of the revenue department at the port of Nassau.

2. At the request of the attorney general of the colony, I have caused diligent search to be made among the records of the revenue department at Nassau for papers or entries in the books of the department, relating to a certain steamship or vessel called the Oreto, alleged to have arrived at Nassau in the year 1862, and I have found three entries in one of the books of the department relating to the said vessel, under the respective dates of the 28th April, 10th June, and 7th August, 1862, true copies of which I hereto annex, numbered respectively 1, 2, and 3.

5. To the best of my recollection the Florida coaled at Nassau on that occasion, and remained in port for that purpose until the following day, when she left. 6. I have no further knowledge of anything relating to the said vessel. (Signed)

YORICK WEBB.

'Sworn to at Nassau, this 1st day of September, A. D. 1871, before me, (Signed)

W. H. DOYLE, Chief Justice, Bahamas.

BAHAMA ISLANDS.

By his honor Captain George Cumine Strahan, R. N., administrator of the government and commander-in-chief in and over the said islands, chancellor, vice-admiral, and ordinary of the same.

To all to whom these presents shall come, greeting:

Be it known that William Henry Doyle, by whom the annexed certificate is subscribed, was on the day of the date thereof, and now is, chief justice for the said Bahama Islands; therefore all due faith and credit are and ought to be had and given to the said annexed certificate.

In testimony whereof I have caused the seal of the said islands to be hereunto affixed at Nassau, New Providence, this 4th day of September, A. D. 1871, and in the thirtyfifth year of Her Majesty's reign.

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Our Sovereign Lady the Queen vs. The British Steamship or Vessel Oreto, (whereof, James Alexander Duguid is, or lately was master,) her tackle, &c.

I, Joshua Anderson Brook, registrar of the vice-admiralty court of the Bahamas, do hereby certify that the annexed contains a true copy of the affidavit of seizure, affidavit of Commander Hewett and officers of Her Majesty's ship Rinaldo, claim, libel, and responsive pleas in the above cause, as remains of record in the registry of this honorable court.

Given at the city of Nassau, in the island of New Providence, under the seal of the said court, this 30th day of August, A. D. 1871, and of our reign the thirty-fifth. (Signed) J. A. BROOK,

Registrar.

In the vice-admirality court of the Bahamas.

Our Sovereign Lady the Queen vs. The Steamship or Vessel called the Oreto, (whereof James Alexander Duguid is, or was master,) her tackle, apparel, and furniture, seized by Henry Dennis Hickley, esquire, commander in Her Majesty's royal navy, and commanding Her Majesty's ship Greyhound.

Appeared personally the said Henry Dennis Hickley, and made oath :

1. That the deponent is stationed in Her Majesty's steamship Greyhound, at Nassau, of which station he took charge on the 9th day of June instant, in succession to commander McKillop, of Her Majesty's ship Bulldog.

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