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Our Sovereign Lady the Queen vs. The Steamship or Vessel Oreto, whereof, &c., her

tackle, &c., seized by Henry Dennis Hickley, esquire, &c.

Appeared personally William Nathan Wright Hewett, esquire, commander in Her Majesty's royal navy, and commanding Her Majesty's steam-sloop Rinaldo ; Ralph Lancelot Turton, lieutenant; Edward Crafer Smith, master; John Lyder, chief engineer; Frederick Ward, gunner, and James Somerville, carpenter, of the said steamsloop Rinaldo, and severally made oath and said that, in obedience to the orders of Commander Hickley, of Her Majesty's ship Greyhound, they, on the 19th instant, repaired on board of the steamship Oreto, and having made an examination of her, found that the fittings now on board of the said vessel are those of a vessel adapted for war purposes.

And the affidavit of Henry Dennis Hickley, esquire, made in this cause, having been read to the deponents, they severally made oath and said, that on their inspection aforesaid they found, as described in the sixth paragraph of such affidavit, that the Oreto's ports were made to ship and unship, with port-bars, breeching and side-tackle bolts, that she had shell-rooms, a magazine, light-rooms, and handing-scuttles for handing powder out of the magazine, all fitted as in the naval service, as also shotboxes for Armstrong shot, or shot similar thereto, round the upper deck, with the number of boats therein stated. (Signed)

W. N. W. HEWETT, Commander, R. N.
RALPH L. TURTON, Lieutenant.
EDWARD C. SMITH, Master.
JOHN LYDER, Chief Engineer.
FREDERICK WARD, Gunner.

JAMES SOMERVILLE, Carpenter. On the 20th day of June, A. D. 1862, the said William Nathan Hewett, Ralph Lance lot Turton, Edward Crafer Smith, John Lyder, Frederick Ward, and James Somerville were duly sworn to the truth of this attidavit, before me, (Signed)

J. A. BROOKE,
Curr. J. C., Vice-Admiralty, Bahamas.

In the vice-admiralty court of the Bahamas. Our Sovereign Lady the Queen rs. The Steamship Oreto, her tackle, apparel, and furni

ture, whereof James Alexander Duguid is master. The claim of James Alexander Dugnid, on behalf of John Henry Thomas, of the town of Liverpool, in the county palatine of Lancaster, in that part of the United Kingdom of Great Britain and Ireland called England, the true, lawful, and sole owner and proprietor of the said steamsbip or vessel Oreto, ber tackle, apparel, aud furniture, taken and seized by Henry Dennis Hickley, for the said ship, and for all costs, charges, damages, and expenses as have arisen, or shall, or may arise by reason of the seizure or detention of the said ship. Dated the 28th day of June, A. D. 1862. (Signed)

BURNSIDE, Counsel.

In the vice-admiralty court of the Bahamas. Our Sovereign Lady the Queen vs. The Steamship or Vessel Oreto, her tackle, &c.,

whereof James Alexander Duguid is the master. Appeared personally James Alexander Duguid, of No. 40 Wesley street, in the town of Liverpool, in the county palatine of Lancaster, in that part of the United Kingdom of Great Britain and Ireland called England, and made oath :

That he was the master of the said steamship or vessel Oreto, at the time of the seizure thereof by Henry Dennis Hickley, a commander in Her Majesty's royal nary; and

that John Henry Thomas, of the town of Liverpool, in the county palatine [63] *of Lancaster aforesaid, was at the time of the said seizure, and still is, the sole

owner of the said steamship or vessel. That on or about the 4th day of March, in the present year of our Lord 1862, this deponent duly cleared the said steamship from the chief office of customs, at the port of Liverpool aforesaid, and on the 22d day of March ensuing the said ship sailed from the said port of Liverpool in ballast for à voyage to the West Indies, under instruc

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tions from Messrs. Sanceto, Preston & Co., the agents for the owner of the said steam ship, in the first instance to proceed direct to the port of Havana, in the island of C'nba, there to receive instructions from her Britannic Majesty's consul general at that port; but, after quitting the said port of Liverpool, he (the deponent) was further instructed by the same parties, acting in the same capacity, to proceed to the port of Nassau and there await instructions by the mail, and while at this port to be subject to the orders of Messrs. Henry Adderley & Co., merchants, as to the further prosecution of the voyage to other ports in the West Indies.

That at the time of sailing from the said port of Liverpool the said steamship was in all respects a duly registered British merchant steamship, and the owner thereof had in all respects complied with the provisions of the merchant shipping act, 1854, and the said ship had been duly inspected and admeasured by the proper government officer for that purpose at the said port of Liverpool, and had there been duly registered and a certificate of British registry, as provided by that act, daly granted, and the same is now in the custody of this deponent, a true copy whereof is hereunto annexed.

That at the time of the sailing of the steamship or vessel from the said port of Liverpool she had not then, to the knowledge of this deponent, previously been nor was she then equipped, furnished, fitted out, or armed, with intent or in order that such ship or vessel should be employed in the service of any foreign prince, state, or potentate, or of any foreign power, province, colony, or part of any province or people, or of any person or persons exercising, or assuming to exercise, any powers of government in or over any foreign state, colony, province, or part of any province or people, as a transport or storeship, or with intent to cruise or commit hostilities against any province, state, or potentate, or against the subjects or citizens of any prince, state, or potentate, or against the persons exercising, or assuming to exercise, the powers of any government in any colony, province, or part of any province, or country, or against the inhabitants of any foreign colony, province, or part of any province or conntry, with whom Her Majesty was not then at war; but the said steamship was then, and still is, in all respects, a duly registered Britislı merchant-ship, and engaged in the prosecntion of a voyage lawful for British ships to engage in.

That no change whatever has been or was made in the character, nationality, or in the equipment, or furnishing, or fittings of the said ship from the time she quitted the said port of Liverpool until her arrival at this port of Nassau, on the forenoou of Monday, the 28th day of April last past, when the said ship was boarded off the bar of Nassan by a pilot, and by him brought to anchor without the harbor, the pilot alleging that it would be necessary for the ship to go to Cochrane's Anchorage, as there was not room in the harbor for her to swing, and the ship was therefore on the following day taken to the anchorage under charge of the pilot.

That on the said 28th day of April this deponent duly entered the said ship at the office of the receiver general and treasurer, in ballast, and she was then boarded and orerbanled as well by the landing-waiter and searcher from the receiver general's office, as by officers from Her Majesty's ship Bulldog and the ship and her papers duly inspected and examined.

That this deponent then consulted with the agents of said vessel, Messrs. Henry Adderley & Co., and the ship continued at Cochrane's Anchorage, awaiting their orders, until the 7th day of June, when, under instructions from them, the said ship was removed from Cochrane's Anchorage and brought to the port of Nassau, for the purpose of receiving cargo to proceed in the prosecution of her voyage.

That during all the time last aforesaid no change whatever had been made in the character of the said ship, nor in her equipment or fittings, nor had she been in any was, since her arrival as aforesaid, equipped, fitted out, furnished, or armed; nor had any attempt or endeavor been made to equip, fit out, furnish, or arm the said ship with intent, as provided against in the seventh section of the act of the imperia! Parliament, 39 Geo. III, cap. 69, or otherwise, in any manner howsoever; but the said vessel remained and still was, and is, in all respects, a merchant-vessel, in the prosecution of a vojave lawful for such ships to prosecute; and during all such last-mentioned time, anul from time to time, was frquently boarded by officers and men from Her Majesty's sliip Bulldog, and subjected to the most minute scrutiny, inspection, and examination

by them. (C1] *That on the said 7th day of June instant the said ship came into the harbor,

and by direction of the agents, Messrs. Henry Adderley & Co., the deponent prepared to receive cargo on board, permission having been first asked and specially obtained froin the office of tbe receiver general and treasurer for the purpose, and on the 9th day of June the cargo, for the shipment of which special permission had so been obtained, was sent alongside and taken on board, under the superiutendence of the landing-waiter and searcher of this port. In the mean time, however, it having been determined by Messrs. Henry Adderley & Co. to send the ship in ballast to the Havana, the said ship was duly cleared in ballast for that port, and on the forenoon of the 10th day of June the cargo, which had been taken in, was then again discharged, in the presence of the landing waiter and searcher. Before, however, all the packages had been discharged the ship was boarded by the said Henry Dennis Hickley and a party of officers and men from Her Majesty's ship Greyhound; the said Hickley tben ordered this deponent to cease discharging until he bad overhauled the ship, which was immediately done; that he, the said Hickley, then directed bis officers and men to search the ship, which they did; but in the mean time one of the firm of Henry Adderley & Co., the agents of the said ship, baving come on board and stated that the vessel had been duly cleared in ballast for the Havana, and then produced the formal clearance-paper from the receiver general and treasurer, a copy of which is hereto annexed, be, the said Hickley, immediately said, “I have done with the vessel," and then ordered his officers and men into their boats and quitted the ship.

The remainder of the cargo having then been discharged in presence of the landing-waiter and searcher, and the former clearance document by him delivered to this deponent, for the purpose of the vessel leaving the port on the voyage last beforementioned.

That on Friday, the 13th day of June, the said vessel being then ready to proceed on her voyage to the Havana, the agents informed the said llenry Dennis Hickley of that fact, in order that he might again inspect the ship, if he thought fit; and he, the said Hickley, did accordingly again go on board the said steamship, and, together with one of the officers of Her Majesty's ship Greyhound, again subjected the said vessel to a strict and thorough examination; after which he accorded his full and unreserved permission to this deponent to take the said ship to sea; and this deponent then shortly afterward ordered the crew to unmoor the ship, when, to the surprise of this deponent, they refused to obey the orders given to them, excited, without doubt, and instigated, as this deponent verily believes, to this mutinous conduct by the unwarranted and extraordinary course of proceeding which had been adopted and pursued toward the said ship by Henry Dennis Hickley, a belief in which this deponent is confirmed by the fact that the crew were constantly expressing themselves as anxious to see the captain of the Greyhound; and as they continued in this course of conduct, this deponent on the following day laid a charge against them at the police office in this town, and they were then duly summoned to appear before Edward B. A. Taylor, esq., the police magistrate, at noon, to answer to the charge, and having duly appeared, upon the hearing of the case before the said magistrate, the said crew claimed to be released and discharged from the articles under which they had shipped, upon the ground that the ship had deviated; and inasmuch as they had evinced a mutinous spirit, this deponent decided not to oppose their claim, but to permit them to quit the ship, wbich they at once, one and all, in the presence of the said magistrate, elected to do; and accordingly, then at once, repaired on board the ship to obtain their clothes and effects, and then took their discharge from her.

That this deponent immediately proceeded to ship another crew, for the purpose of prosecuting the voyage to the Havana, and on the morning of Sunday, the 15th instant, preparations were again made for leaving the harbor, when the said ship was again arrested by officers and men from the Greyhound, acting under instructions from the said Henry Dennis Hickley, and prevented from quitting port, no reason whatever being assigned for such a proceeding.

That this deponent then immediately caused a formal protest to be served upon the officers in charge of the said vessel, a copy of which is hereunto annexed ; and on the next day, Monday, addressed a letter to the said Henry Dennis Hickley, a copy of which is also annexed hereto, and to which letter the deponent received a reply from the said Henry Dennis Hickley, a copy of which is also annexed hereto; and on the morning of Tuesday the ship was again released from arrest, and preparations again made by this deponent for taking her to sea.

That about 10.30 in the morning of the aforesaid Tuesday, although the said steamship Oreto had just then previously been released from the arrest and restraint which had been iniposed upon her by the said Henry Dennis Hickley, and although

no charge whatever had been made in the character of the said ship or in her [65] equipment, furniture, *or fittings, por bad she in any way been furnished or

armed with intent, as is provided against in the before-mentioned statute of the reign of His late Majesty King George the Third, she was again boarded by officers and men from the Greyhound, and then again seized and arrested, and this deponent wholly dispossessed of her by them, and the said ship has thence hitherto remained and continued in the possession and under the control of the said Henry Dennis Hickley and the officers and men under bis command. And this deponent further made oath that, from the time the said steamship Oreto quitted the port of Liverpool until her final arrest as herein before detailed, there never were any arms, ammunition, or munitions of war on board the said steamship, save and except one pistol, with ammunition therefor, the private property of this depovent, and which he habitually takes with him for personal protection at sea, and which in no particular was intended for belligerent purposes, and save and except such ammunition as may have formed or been part of the cargo which was being placed on board of the said ship under the

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special license obtained for the purpose from the duly constituted authority at this port, and which was again taken out of her. And this deponent further saith that the action of the said Henry Dennis Hickley and his conduct in arresting the said steamship or vessel on three distinct occasions and discharging her, and ultimately causing her to be proceeded against in this honorable court, has been vexations and oppressive, tending to the great and serious damage of the owner of the said ship, and subversive of his just right of property therein.

And this deponent lastly saith that the claim hereunto annexed is a true and just claim. (Signed)

J. A. DUGUID.
On the 27th day of this instant, June, the said Alexander Duguid was duly sworn to
the truth of this affidavit, before me,
(Signed)

J. A. BROOK,
Surr. J. C., Vice-Admiralty, Bahamas.

(No. 9 A. Steamer.)

Certificate of British registry.
Signal letters, T. F. D. N. Official number of ship, 44200.—Port number, 48. Date of

registry, March 3, 1862.

Name of ship.

British or foreign built.

Port of registry.

Oreto........

Screw.

British, built at Liverpool, in the Liverpool.......

county of Lancaster, 4th December,
1861.

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the stern-post

185

Length from the fore part of stem under the bowsprit to the aft side of
Main breadth to outside plank..
Depth in hold from tonnage-deck to ceiling at midships...

Name and address of builder, W. C. Miller, Liverpool, aforesaid.

2
3
7

13

TONNAGE.

No. of tops. Tonnage under tonnage-deck

410,41 ('losed-in spaces above the tonnage-deck, if any, viz: Space, and spaces between decks.. Poop... Ronnd-house Other inclosed spaces, if any, naming them.. Gross tonnage.

410.41 Reduction required for space for propelling-power as measured.

231.90 Register tonnage...

178.51 Length of engine-room, 61 feet. Number of engines, two. Combined power. Estimated horse-power. Number of horse power, 200. Name and address of engine-maker, Fawcett, Preston & Co., Liverpool. [66] *I, the undersigned, registrar of the port of Liverpool, hereby certify that the

ship, the description of which is prefixed to this certificate, has been duly surveyed, and that the above description is true; that James Alexander Duguid, whose

vessel proceeded against in this cause, of the burden of 178 tons, or thereabouts, registered as of, and belonging to, the port of Liverpool, in that part of the United Kingdom of Great Britain and Ireland called England, as being owned by a certain John Henry Thomas, of Liverpool aforesaid, was equipped, furnished, fitted out, and manned at the said port, and on or about the day last mentioned left the said port of Liverpool, commanded by the said James Alexander Duguid, and manned with a crew, including officers, of fifty-two men, or thereabouts, all of whom had been shipped as and for a voyage from Liverpool aforesaid to Palermo, and thence if required to a port or ports in the Mediterranean or the West Indies, and to a final port of discharge in the United Kingdom, there being also on board of the vessel at the time of her departure from Liverpool as aforesaid an agent of the owners or persons interested in the said vessel of the name of John Lowe. That the said vessel did not go to Palermo, but proceeded directly to the port of Nassau, in the island of New Providence, one of the said Bahama Islands, where she arrived on or about the 28th day of April, in the year of our Lord 1862, and was conducted to and brought to anchor in a certain anchorage lying to the eastward of the harbor of Nassau, called and known as Cochrane's Anchorage, where she remained and continued until the 7th day of June in the year aforesaid, on which day she was removed from the said anchorage and brought into the harbor of Nassau, wbere she now lies. That at the time of the departure of the said steamship Oreto from Liverpool aforesaid, and at the time of her arrival at the port of Nassan aforesaid, she was equipped, furnished, and fitted out in various particulars as a vessel of war; and that after arrival of the said steamsbip Oreto at Nassau aforesaid, the said James Alexander Dugnid and other persons exercising anthority over the said steamship Oreto, without the leave and license of Her Majesty for that purpose first had and obtained, attempted to equip, furnish, and fit out the said steamship Oreto with intent that the said steamship Öreto should be employed in the service of certain persons exercising, or assuming to exercise, the powers of government in certain States claiming to be designated and known as the Confederated States of America, to cruise, commit hostilities against the citizens of the United States of America, Her Most Gracious Majesty the Queen being at the time at peace with the said United States; whereupon and wherefore the said steamship Oreto was seized as being liable to forfeiture for a breach of some or one of the provisions of the statute hereinbefore pleaded, and this was and is true, and the party proponent doth allege and propound as before.

3d. That all and singular the premises were and are true, of which legal proof being made, the party proponent prays that the ship or vessel Oreto, ber tackle, apparel, and furniture, may be pronounced by you, the said judge, to have been at the time of the seizure thereof subject and liable to forfeiture and condemnation, and to condemn the same as forfeited to our Sovereign Lady the Queen, her heirs and successors accordingly, and to condemn the said James Alexander Duguid in the costs made in this cause on the part and behalf of our Sovereign Lady the Queen by your definitive sentence or final interlocutory decree to be made and given in this behalf. (Signed)

ANDERSON,

Adrocate General.

In the rice-admiralty court of the Bahamas. Our Lady the Queen us. The steamship Oreto, her tackle, &c., whereof James Aler

ander Duguid was the master. On Monday, the 21st day of July instant, Bruce Lockhart Burnside, in the name and as the lawful proctor of James Alexander Duguid, at present of the city of Nassau, in the island of New Providence, representing the interests of the owners of the steamsbip called the Oreto, and under that denomination, and by all better and more effectual ways, means and methods, which may be most beneficial and effectual for his said party, said, alleged, and in law articulately propounded as follows, to wit:

1st. That there was not at the time of the sailing of the said steamship Oreto from the port of Liverpool an agent of the owners or persons interested in the said vessel of the name of John Lowe, as, in the second position or article of the libel given in ard admitted in this cause on the part of our Lady the Queen, is falsely alleged and pleaded; on the contrary, the party proponent doth allege and propound that the said

John Lowe came on board the said steamship Oreto, at the port of Liverpool, as [19] a * passenger, and was never recognized by the said James Alexander Duguid

in any other capacity, or as exercising, or claiming to exercise, any power or authority in and over the said steamship; nor did the said Lowe exercise any power or authority, nor did he at any time after the arrival of the said ship at this port of Nassau in any way interfere with the provisioning of the crew of the said ship, nor give orders for the purchase of provision or any other article for the use of the ship, save and except on one occasion, when he, the said James Alexander Duguid, specially requested the said Lowe to purchase a spare spar for the use of the said ship; and this was and is true, public, and notorious, and so much the said other party in this cause doth know, or

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