DOWNING STREET, July 16, 1863. SIR: I have received and had under my consideration your dispatch of the 7th March, giving an account of certain communications which have passed between yourself and Rear-Admiral Wilkes, of the United States Navy.

You were quite right in refusing to enter into correspondence with that officer upon the matter adverted to in his dispatch of the 5th March. On this and other occasions it has become evident that interviews and explanations such as you accorded to RearAdmiral Wilkes were made the pretext for placing on record charges more or less direct against officers of Her Majesty. And I think that, as the governor of one of Her Majesty's colonies owes no explanation of his conduct to an officer of the United States Navy, it will be prudent hereafter to avoid such explanations as far as the rules of courtesy will allow. It is the wish of Her Majesty's government that matters of complaint should in general be discussed between the two governments concerned rather than between any subordinate officers.

With regard to the issue of coal to the war-vessels of the belligerents, you have, I think, allowed yourself too much liberty in giving the "special permission" to take in fnel contemplated in Her Majesty's proclamation. Coal, in the opinion of Her Majesty's government, ought not to be supplied to a vessel of war of either belligerent except in such quantity as may be necessary to carry such vessel to the nearest port of her own country, (or, of course, any nearer port,) and this, I will add, without reference to the question whether the ports of that country are or are not under blockade. In case of such blockade it will rest with the officer in command to seek some more convenient destination. If within the period prescribed by the proclamation a vessel thus furnished with coal in one of Her Majesty's possessions should apply for a second supply in the same or another colony, the application may be granted if it is made to appear that, owing to real necessities arising from stress of weather, the coal originally given has been prematurely exhausted before it was possible that the vessel could, under existing circumstances, have reached the destination for which she coaled.

But if it should be the case that the vessel has not, since taking in coal, been bona fide occupied in seeking her alleged destination, but has consumed her fuel in cruising, the coal should not be replenished under the terms of the proclamation. Such a case is not one to which "special permission" referred to in that proclamation was intended to apply.

Her Majesty's government are of the opinion that the regulations of the proclamation thus interpreted should be strictly adhered to without any arbitrary concession to either belligerent. It is by such a course that misunderstandings and complaints of partiality will be most certainly avoided. An unauthorized concession to one belligerent, it may be safely assumed, will not be accepted by those to whom it is made as a justification of a similar concession in an opposite direction.

I approve of your having communicated to the officers administering the governtent of the other West Indian islands the fact that certain Federal and confederate vessels of war had called at Barbados.

I shall instruct the governors of the other islands to follow the same course, communicating in all cases the name of the vessel, its alleged destination, and the date of receiving the coal, and the quantity allowed to be placed on board.

I have, &c.,

(Signed)

On the 8th May, 1863, the Florida entered the harbor of Pernambuco, and received permission to remain there for twenty-four hours. Captain Maffit stated to the president of the province that the machinery

of his ship was out of order and required repair; and he 69 obtained, on this ground, leave to stay for three or four days. The machinery was repaired on shore, and he sailed on the 12th

May.

The United States consul at Pernambuco addressed a remonstrance to the authorities protesting against any accommodation being granted to a vessel which he insisted should be regarded as piratical.

The president replied that there had been no infringement of the letter or spirit of international law in the course which had been pursued by the authorities; that he could not agree with the consul in regarding the Florida as piratical, and could not admit his protest.

On the 16th July, 1863, the Florida came into the port of St. George's, Bermuda, her commander having previously applied for and obtained leave to enter for the purpose of procuring coals and making necessary repairs. Being unable to obtain coal from private persons, Captain

Maffit requested to be allowed to purchase some from the Government stores, and he requested also that permission might be given him to have his ship repaired in the government dock-yard. These requests were refused, as appears from the following correspondence:1

Mr. Walker to Governor Ord.

ST. GEORGE'S, July 18, 1863.

SIR: At the request of Captain Maffit, commanding Confederate States steamer Florida, I have the honor to inform your excellency that, on his application at the dock-yard this morning for coals, he was informed by Captain Glasse that, under his present instructions, he did not feel authorized to furnish the Florida with the small amount even which Captain Maffit required.

As the Florida must therefore of necessity be detained at this port as a vessel in distress until the arrival of coals which are daily expected, Captain Maffit begs me to inquire of your excellency if the privilege will be accorded to him of proceeding to the dock-yard for the purpose of having effected some repairs to machinery and hull of ship, which are of essential importance, and which cannot be effected in the port of St. George's.

I have, &c.,
(Signed)

NORMAN STEWART WALKER.

Governor Ord to Mr. Walker.

MOUNT LANGTON, July 19, 1863.

SIR: I have the honor to acknowledge the receipt of your letter of the 18th instant, informing me, at the request of Captain Maffit, of the Confederate States steamer Florida, that, having applied yesterday at the dock-yard for coals, he was informed by Captain Glasse, royal navy, that he did not feel authorized to furnish the Florida with the small amount she required, and further stating that, as the Florida must therefore of necessity be detained at this port as a vessel in distress until the arrival of coals, which are daily expected, Captain Maffit begs you to inquire whether the privilege will be accorded to him of proceeding to the dock-yard for the purpose of having effected some repairs to machinery and hull of ship which are of essential importance, and which cannot be effected in the port of St. George's.

Having referred this application to Captain Glasse, superintendent of the dock-yard, I have the honor to acquaint you that he informs me that he does not feel himself at liberty to allow of any repairs to the machinery or hull of the Confederate States steamer of war Florida being effected in Her Majesty's dock-yard.

In making this communication I have to express a hope that Captain Maffit may yet find it in his power to obtain for his vessel such supplies of coal and such necessary repairs as will enable her to proceed without delay to her destination, but I must at the same time point out that Her Majesty's instructions (with a copy of which Captain Maffit was supplied on the 16th instant) are very stringent as to the limitation of the stay in British waters of vessels of war of the United States or Confederate States, and that it is necessary that whatever may be required to enable the Florida to take her departure from these islands should be provided in the shortest possible period. If, however, Captain Maffit should find it impossible to procure at the present time whatever may be requisite for this purpose, I must request that he will at once proceed with the Florida to Grassy Bay, there to remain until his departure from the colony is rendered practicable.

I have, &c.,
(Signed)

H. ST. GEORGE ORD.

Mr. Walker to Governor Ord.

ST. GEORGE'S, July 20, 1863.

SIR: Since the communication which I had the honor to address to your excellency on Saturday evening last, Captain Maffit has been informed that there is a large quantity of coals at this port belonging to the commissariat department.

He therefore requests me, in his great emergency, to apply, through your excellency, to the proper officers, for a quantity sufficient to carry his vessel to some other coaling depot.

[70]

*Captain Maffit will be happy to have the opportunity of paying for the coals in coin immediately, or of having them returned in kind, within two or three weeks, at any point in the island which may be indicated.

I have, &c.,

(Signed)

NORMAN STEWART WALKER.

1 Appendix, vol. i, p. 109.

Governor Ord to Mr. Walker.

MOUNT LANGTON, July 20, 1863. SIR: I have the honor to acknowledge the receipt of your letter of this day's date, requesting, on behalf of Captain Maffit, Confederate States steamer Florida, that he may be permitted to take from a large quantity of coal belonging to the cominissariat department at St. George's, a quantity sufficient to carry his ship to some other coal depot.

In reply I have to inform you that the coal in question is not under my control, but under that of Colonel Munro, the commandant of the troops.

I have, &c., (Signed)

H. ST. GEORGE ORD.

Colonel Munro refused to allow coal to be supplied to the Florida from the commissariat department. She subsequently obtained some from a vessel which arrived at the colony from Halifax.

The commandant of the fort at Bermuda had, on the arrival of the Florida there, consented to exchange salutes with her. This act was disapproved by Her Majesty's government for the reason that, while Great Britain had recognized the Confederate States as a belligerent, she had not recognized those States as independent or their government as a sovereign government.

On the 23d August, 1863, the Florida arrived at Brest, having two days before taken and destroyed at sea a United States merchant ship bound from Liverpool to New York. The following report of what then occurred at Brest was subsequently furnished to Her Britannic Majesty's government by Her Majesty's consul at Brest, and is believed by Her Britannic Majesty's government to be true and correct:1

BREST, September 22, 1871.

MY LORD: I have the honor to acknowledge the receipt of your lordship's dispatch of the 12th instant, instructing me to furnish you with a report containing all the particulars of which I could obtain information respecting the proceedings at this port of the confederate cruiser Florida in 1863-'64.

In obedience to your lorship's commands I have now the honor to report that the Florida arrived in Brest Bay at 11 o'clock on the morning of the 23d of August, 1863; and her commander having declared that she entered the port in order that her engines and copper sheathing might be repaired, and for purposes of general refitting, she obtained free pratique on the evening of the following day.

Captain Maffit, the commander of the Florida, was informed by the admiral of the port, (préfet maritime,) Vice-Admiral Count de Gueyton, that he was at liberty to effect the repairs of the ship and provide her with coal and provisions, the same as any merchant-ship.

Captain Maffit then selected as his agents Messrs. Massurier & Sons; but to this selection an objection was raised by Count de Gueyton, on account of their not being sworn brokers; and, at his suggestion, M. Aumaître, sworn broker and interpreter, was appointed agent.

Later, a M. Puquet du Belley arrived from Paris as the special agent of the Confederate States for France. He, however, did not remain here long, but confirmed the appointment of M. Aumaître.

all

The commercial resources of Brest proving insufficient to effect the repairs of the Florida, application was made to the port admiral to allow her to enter the government dock-yard, and permission for her to do so was granted, it being stipulated that expenses should be re-imbursed by the agent, M. Aumaître, and that her powdermagazine should be cleared before entering the dock. To effect the latter operation, a government barge was furnished for the purpose of removing the ammunition; and this barge was, later, moored in the bay.

On the 9th of September, 1863, the Florida entered the government dock, and remained there for general repairs for a period of about five weeks.

On the 17th of the same month the Federal corvette Kearsarge put into Brest for a supply of coal; but this appears simply to have been a pretext, as she took but a small quantity on board. She, however, remained at anchor in the bay, with fires banked, until the 30th of October, when she proceeded to sea, Queenstown being reported as her destination.

'Appendix, vol. i, p. 126.

The Federal corvette, however, returned to her anchorage at Brest on the 27th of November, and remained there until the 4th of December, when she again left Brest, and cruised off Cherbourg until, as I am informed, her commander ascertained that the confederate vessel Georgia, then repairing at that port, would not be ready for sea for some time; whereupon the Kearsarge returned to Brest Bay, and anchored there on the 11th of the same month.

*

Meanwhile the Florida had completed her repairs in the dock-yard, and after[71] ward took moorings in the merchant harbor of Brest, where she was slowly refitted. On the 27th of December she was moved to the roadstead, and there anchored within half a mile of the Kearsarge.

At half-past 1 o'clock on the afternoon of the 29th of December the Kearsarge again left Brest for an unknown destination.

It appears that some of the mechanism of the more heavy guns of the Florida had never been regulated; and her commander desiring to have this done, an application was made to the port admiral for permission to land the guns for that purpose, but this was at once and positively refused, on the ground that such an act might be interpreted as an equivalent to allowing a re-enforcement of arms.

But, it appears, her small-arms were allowed to be landed, in order to be repaired by a gunmaker of Brest, named Kock. This permission was granted on the agent, M. Aumaître, giving a guarantee to the authorities of the custom-house that they should be reshipped on board the Florida.

No arms or ammunition were furnished to the Florida while here.

Through M. Aumaître, the agent, I have ascertained that thirty-five seamen claimed and obtained their discharge from the Florida here; that they were, in part, replaced by others, chiefly natives of Belgium, Germany, Italy, and Southern Austria, brought to Brest by railway direct from Paris, in numbers never exceeding four at a time, and that they were quietly sent on board in similar numbers.

The Federal corvette Kearsarge re-appeared in Brest waters on the 3d of January, 1864, and, after steaming about the bay to within a mile of the town, again proceeded

to sea.

The confederate cruiser Florida, being ready for sea, left Brest between 9 and 10 o'clock on the evening of the 9th of February, 1864, in charge of a pilot, and, at a distance of about thirty miles from this port, passed through the dangerous passage Du Raz, inside the Saints, landing the pilot at Audierne.

On the 18th of February the Kearsarge, coming from [Cadiz, re-appeared in Brest Roads; but her commander, finding that the Florida had left, departed the following day for an unknown destination.

During the stay of these two ships of war in the port of Brest the French ship-of-theline Louis XIV was placed in a position to watch their movements, the commanding officer having orders, in the event of one of these vessels quitting port, to prevent the other from leaving until after the expiration of twenty-four hours..

I am informed that the agent, M. Aumaître, paid the authorities of the dock-yard for repairs to the Florida 135,000 francs, and that the total sum expended on her here exceeded 300,000 francs, which amounts were later re-imbursed by Mr. Taylor, the paymaster of the ship.

The Florida, on her arrival at Brest, was commanded by Captain Maffit, who was later replaced by Captain Barney, who was again relieved by Captain Morris, under whose command she finally left this port.

In conclusion, I beg leave to state that your lordship's dispatch of the 12th instant, calling for this report, having been received by Captain Clipperton, then acting consul, the day before I took charge of the consulate, he had already collected valuable information on the subject to which it refers, and I am, therefore, indebted to him for a portion of that furnished in the present dispatch. I would, however, add that before availing myself of such information I had it verified by persons competent to do so. I have, &c.,

(Signed)

HARRY RAINALS.

The United States minister at Paris, Mr. Dayton, addressed several remonstrances to the French government against the facilities afforded at Brest to the Florida, but without success. An account of these remonstrances and the answers given to them was furnished by him to his Government, and is contained in the following extracts from his dispatches, published by order of the Government of the United States:

I have this day sent out a note to the minister informing him that I had learned that the Florida had come into Brest, not for repairs of machinery only, but for coal, which had been denied to her at Bermuda, from which port she had come. The fact is that, as she is a good sailing vessel, and has crossed the Atlantic, as I believe, prin

cipally by that means, neither coal nor machinery is necessary to her safety, although a great convenience, doubtless, in enabling her to prey upon our commerce. well be doubted whether the rule which limits aid in such cases to what is called for It may by necessity and humanity applies at all to her case.--(Mr. Dayton to Mr. Seward, 25th August, 1863.)

I have to-day had a conversation with M. Drouyn de Lhuys upon the subject. He says they are much annoyed that the Florida should have come into a French port. But, having recognized the South as belligerents, they can only deal with the vessel as they would deal with one of our ships of war under like circumstances. They will give her so much aid as may be essential to her navigation, though they will not provide her with anything for war. I stated that she was a good sailer, and really needed nothing in the shape of repairs to machinery, &c., to enable her to navigate. He said that if she were deprived of her machinery she would be pro tanto disabled, crippled, and liable, like a duck with its wings cut, to be at once caught by our steamers. He said it would be no fair answer to say the duck had legs, and could walk or swim. But he said that, in addition to this, the officers of the port had reported to the government that the vessel was leaking badly; that she made water at so much per hour, (giving the measurement,) and unless repaired she would sink; that this fact, coming from their own officers, he must receive as true. They said nothing, however, about her copper being damaged, but reported that she needed calking and tarring, if I under

stood the French word rightly. I then asked him if he understood that the [72] rule in such cases required or justified the grant of a government dock or basin for such repairs, especially to a vessel like this, fresh from her destructive work in the channel, remarking that, as she waited no judicial condemnation of her prizes, when repaired in this government dock she would be just at hand to burn other American ships entering or leaving Havre and other French ports. He said where there was no mere commercial dock, as at Brest, it was customary to grant the use of any accommodations there to all vessels in distress, upon the payment of certain known and fixed rates; that they must deal with this vessel as they would with one of our own ships, or the ships of any other nation, and that to all such these accommodations would be granted at once.-(The same to the same, 3d September, 1863.)

On the 19th instant I received a note from M. Drouyn de Lhuys requesting to see me on the next day (yesterday) in reference to certain matters of business. I of course attended at the Foreign Office at the time named. He then informed me that it had been reported to him that the United States steamship Kearsarge, Captain Winslow, now in the port of Brest, kept her steam constantly up, with the view, as supposed, of instantly following and catching, if possible, the Florida, upon her leaving that port; and that France, having resolved to treat this vessel as a regularly commissioned ship of war, could not, and would not, permit this to be done. He said that the rule which requires that the vessel first leaving shall have twenty-four hours the start must be applied. To avoid the difficulty which he said must inevitably follow a disregard of this rule by Captain Winslow, he requested me to communicate to him the determination of this government, and apprise him of the necessity of complying with the rule. Ihastuuch as nothing was to be gained by inviting the application of force, and increased difficulties might follow that course, I have communicated to Captain Winslow the letter

of which I herewith send you a copy.

M. Drouyn de Lhuys furthermore informed me that this government, after much conference, (and, I think, some hesitation,) had concluded not to issue an order prohibiting an accession to the crew of the Florida while in port, inasmuch as such accession was necessary to her navigation. They had made inquiries, it would seem, and said they had ascertained that the seventy or seventy-five men discharged after she came Hrest were discharged because the period for which they had shipped had expired. le said, furthermore, that it was reported to him that the Kearsarge had likewise applied for some sailors and a pilot in that port, as well as for coal and leave to make repairs, all of which had been and would be, if more were needed, cheerfully granted. there, and that, as respects a pilot, that stood on ground peculiar to itself, and had no told him I was quite confident the Kearsarge had made no attempt to ship a crew

reference to the general principle.

The determination which has been reached by the French authorities to allow the shipment of a crew, or so large a portion of one, on board of the Florida while lying in their port, is, I think, wrong, even supposing that vessel a regularly commissioned ship of war. I told M. Drouyn de l'Huys that, looking at it as a mere lawyer, and clear of prejudices which my official position might create, I thought this determination an error. He said, however, that in the conference they had reached that conclusion unanimonsly, although a majority of the ministry considering the question were lawyers.

The same to the same, 21st October, 1863.)

The Florida remained in the harbor of Brest, repairing and refitting, during nearly six months, from the 23d August, 1863, till the 9th Feb

ruary, 1864.

H. Ex. 282-7