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The Federal corvette, however, returned to her anchorage at Brest on the 27th of November, aud 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 inoved 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 adıniral 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. Auinaitre, giving a guarantee to the authorities of the custom-house that they should be reshipped on board the Florida.

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

Through M. Aumaitre, 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 steamivg 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 pilssage 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. Aumaitre, 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 Maftit, who was later replaced by Captain Barney, who was again relieved by Captain Morris, under whose cominand 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, ho 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 bad 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, wbich had been denied to her at Berminda, from which port she had coine. The fact is that, as she is a good sailing. vessel, and lias crossed the Atlantic, as I believe, prin

It may

cipally by that means, peither 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 by necessity and humanity applies at all to her case.--(Mr. Dayton to Mr. Seward, 25th August, 1863.)

I hare 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 rire 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 wiogs 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 goverument 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, coruiny 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, vlien 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, of the ships of any other nation, and that to all such these accommodatious would be granted at once.-(The same to the same, 30 September, 1863.)

On the 19th instant I received a note from M. Dronyn de Lhnys 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 wbich Teqnires 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. Ivasınnchas 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 conferenee, (and, I think, some hesitation,) had concluded not to issue an order probibiting 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 into Brest were discharged because the period for which they had shipped had expired. He 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.

I told bim I was quite confident the Kearsarge had made no attempt to ship a crew there, and that, as respects a pilot, that stood on ground peculiar to itself, and had no 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 part, 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 uanimonsly, 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 231 August, 1863, till the 9th Feb. ruary, 1864.

H. Ex. 282-7

On the 13th April, 1861, the Florida touched at Bermuda, but remained only a very short time, anchoring on the afternoon of that day and putting to sea the same evening.

On the 18th June, 1864, she again arrived at Bermuda, and obtained permission to remain during five days for the purpose of making necessary repairs. The circumstances which occurred, and the course pursued by the authorities at Bermuda, are set forth in the subjoined dispatch from the acting governor: 1

BERMUDA, July 7, 1864. Sir: I have the bonor to report the following particulars connected with a recent visit to these islands of the Confederate States steamer Florida. On Saturday, the 18th June, the Florida arrived at the outer anchorage, and Commander Morris sent one of his ofticers to report his arrival and ask permission to take in coal, and permissiou, also, to effect some repairs. I was informed that no supplies or coal bad been furnished to the Florida in any English port for ten months past, and that it would not be possible to ascertain the full extent of the repairs necessary until the vessel came into port. I then gave permission for the Florida to be brought into Saiet George's Harbor for twenty-four hours, exclusive of Sunday. The vessel came in accordingly on Sunday, and, shortly after his arrival, Commander Morris waited upon me and delivered me a letter iisking that the repairs which were found necessary might be carried out at Her Majesty's dock-yard. I immediately transmitted this letter to Vice-Admiral Sir James Hope, who declined to allow any repairs to be carried out in the dock.yard, but offered to send competent officers on board the Florida to ascertain the extent of the repairs, necessary. Commander Morris was very glad to obtain the opinion of these officers, and the knowledge was necessary to me, in order that I might judge what time should be granted. The admiral sent the flag lieutenant, chief engineer, and two assistant engineers on board the Florida, and they reported on the vessel:

· 1st. She can proceed to sea with such repairs as can be made good here, which, as far as we are able to judge, will require five days for one man, viz, a diver for two days and a fitter for three days, or three complete days in all.

“2d. She can proceed to sea with safety in her present state under steam, but [73] under sail *is unmanageable with her screw up in bad weather, and her defects

aloft (cross-trees) render main top-ınast unsafe. This could be made good in two days."

I consulted personally with Sir James Hope, and gave Commander Morris permission to remain tive working days in Saint George's to complete the repairs. I also furnished Commander Morris with printed extracts of some portion of the circular dispatch dated the 16th July, 1863, informing him of the regulations under which alone he could be allowed to take in coal. He asserted that Mobile was the first confederate port he expected to visit, and reports that he took in about eighty tous of coal. The tive working days expired on the 27th June, and the Florida quitted Saint George's harbor on that day, but was seen off the island on the following day and also on the morning of the 29th. I had the advantage of the advice of Sir James Hope until he quitted Bermuda in the Duncan for Halifax, and our views were completely in accord. During this visit the conduct and demeanor of Commander Morris were all that I could wish, and he appeared very desirous to avoid the least infringement of the instructions laid down in Her Majesty's proclamation. Since that time, however, I cannot think Commander Morris has behaved quite properly. On the 28th June the Florida was seen off the islands all day, and also on the morning of the 29th. Again she was signaled off the south side on the 20 July, about 7.30 a. m., and on the afternoon, about 4 p. in. I received a verbal message to say that two men, supposed to be deserters, had been found on board, and requested that I would send some persons off to identify them, in a steam-tug that was going off to visit the Florida. The departure of this tug was delayed until after sunset, and the fort adjutant then perceived that she was going to tow out a barge full of coal. This officer immediately told Mr. Black, who is temporarily acting as agent for the Confederate States, that he ought not to take out coal without the governor's permission. Mr. Black then sent me a note, of which I inclose a copy, asking for permission to take out fifteen tons of coal to the Florida in consequence of her having returned to Bermuda for the purpose of bringing back the two deserters. To this I immediately replied that I could not sanction any further issue of coal. The fort adjutant was present when my letter was delivered to Mr. Black, and at that moment the tug-steamer started off to the Florida with the barge in tow.' Mr. Black stated that she had gone without his orders, and that he would follow her in a sig. This he did, and I am informed that about half the coals had been already taken on board before Mr. Black bad arrived in the gig, and the remainder was brought back,

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The deserter belonging to the royal engineers was placed on board and handed over. It will be observed in Mr. Black's note that he stated the deserters were discovered in twenty-four hours. The Florida remained in sight for at least thirty-six hours after hier departure, and the deserter was not landed for five days.

Commander Morris never applied to me for permission to take the coal, I suppose, being fully aware that the circular dispatch of the 16th July, 1863, prohibited coal being supplied to vessels such as his, which “had consumed their fiel in cruising” as he had done in sight of these islands.

Mr. Black, who belongs to the Southern States, states that he sent the coal at the request of Commander Morris. The Florida then immediately left the islands, and has not since been seen.

I beg to annex a copy of a printed extract from the circular dispatch of the 16th July, 1863, which I forwarded to Commander Morris.

I have, &c.,
(Signed)

WILLIAM MCNRO. With reference to these circumstances the following correspondence passed between Mr. Adams and Earl Russell:

Jr. Idams to Earl Russell.
LEGATION OF THE UNITED STATES,

London, August 19, 1864. JY LORD: It is with very great regret that I find myself compelled to call the atteution of your lordship to the abuse made of the neutrality of the island of Bermuda by the ressels under the direction of the insurgents in the United States, in making it a base for hostile operations against the commerce of a friendly nation. I have the honor to submit to your consideration the copy of an extract from a report of Mr. Allen, consul of the United States at that place, to the Secretary of State, in which he makes certain statements respecting the reception there of the guu-boat known under the name of the Florida, and her subsequent proceedings, which appear to be directly iu violation of the regulations heretofore laid down by Her Majesty's government. I beg permission to remind your lordship of the remonstrances which were promptly made, a short time since, in the case of one of the vessels of the Cnited States, for proceedlings of a far less exceptionable character.

Not doubting the disposition of Her Majesty's government to do full justice in the premises, I pray, &c., Sigoed)

CHARLES FRANCIS ADAMS.

(Inclosure.)
W. Mlen to Jr. Seucard.

UNITED STATES CONSULATE, Bermuda, June 30, 1-64. SPR: The Florida, after remaining in port nine days, went to sea last Monday even

ing. but has uot been far from land. She is in sight to day from the hills, about [74] six miles oft. She boards all vessels * approaching these islands. She received

all the coal and supplies they wanted. The coal was taken from the ship Storm King, C. L. Hobson, of Richmond, agent.

I anı, &c., (Signed)

C. V. ALLEN, Consul. Earl Russell to Mr. Adams.

FOREIGN OFFICE, September 5, 1864. Sir: In reply to yonr note of the 19th ultimo respecting the proceedings of the Florida at Berinuda, I have the honor to inform you that Her Majesty's government hase received reports on the same subject from Her Majesty's colonial and naval anthorities, and that, after due consideration of the same, they are of opinion that althongh some disposition was manifested by the commander of the Florida to evade the stringency of Her Majesty's regulations, the most commendable strictness and diligence in enforcing those regulations was observed on the part of the authorities, and that po substantial deviation, either from the letter or from the spirit of those regulations was permitted to, or did, take place.

I have further the honor to inform you that Her Majesty's government consider that the conduct of the lientenant governor of Bermuda on the occasion in question was perfeetly proper.

I am, &c.,
(Signed)

RUSSELL.
Appendix, vol. i, p. 131.

1

On or about the 5th October, 1864, the Florida entered the port of Bahia. On this occasion the following correspondence passed between the United States consul at that place and the president of the province of Bahia : 1

The United States consul to the president of the province.

CONSULATE OF THE UNITED STATES OF AMERICA,

Bahia, October 5, 1861--9 a. m. SIR: This morning a steamer anchored in this port bearing the flag adopted by those who are involved in the rebellion against the Government of the United States of America, and I ain informed that the said vessel is the Florida, which is engaged in capturing vessels navigating wder the flag of the United States of America, and in destroying them by making boutires of them and their cargoes.

The vessel in question is not commissioned by any recognized government whatever, and her officers and crew are composed of persons of various nationalities, who are not subject to any international or civilized law, and are consequently not entitled to the privileges and immunities conceded to vessels navigating under the flag of a civilized nation. I therefore protest, in the name of the United States of America, against the admission of this vessel to free practice, by which she might be enabled to supply herself with coal, provisions, tackle, or utensils of any kind whatever, or receive on board any persons whatever; finally, against any assistance, aiıl, or protection might be concedeil to her in this port, or any other belonging to this province.

I likewise claim that the piratical cruiser which, in combination with the pirate Alitbama, violated the sovereignty of the imperial government of Brazil, by capturing and destroying vessels belonging to citizens of the United States of America within the territorial waters of Brazil, near the island of Fernando de Noronha, in April, 1863, be detained with all her otticers and crew, in order to answer for so flagrant a violation of the sovereignty of the goverument of Brazil and of the rights of citizens of the United States within the jurisdiction of the Brazilian government.

I avail, &c.,
(Signell)

THOMAS F. WILSON,

Consul of the l'ailed Statıx. His Excelleney ANTONIO JOAQUIM DA SUVA GOMES,

President of the Prorince of Buhia.

The president of the province to Mr. Iilson.

PALICE OF THE GOVERNMENT OF THE PROVINCE OF BAILA,

October 5, 1864. In a wote, dated this day, Mr. Thomas F. Wilson, cons:l of the United States, claims that the steamer Florida, now anchored in this port, shall not be admitted to free pratique, nor obtain permission to provide herself with coal, provisions, supplies, and utensils of any kind whatever, nor receive on board any person whatever; he likewise requests that, as the cruiser, in combination with the Alabama, violated the sovereignty of the imperial government of Brazil, by capturing and destroying vessels belonging to citizens of the United States of America within the territorial waters of the empire, near the island of Fernando de Noronha, in April, 1363, she may be detained, with all her officers and crew, in order to answer for this flagrant violation of the sovereignty of the government of Brazil and of the rights of citizens of the United States within the jurisdiction of the Brazilian government. In reply to the consul, I have to inform him that, as the said vessel belongs to the

Confederate States, in whom the imperial government recognized the character [75] of belligerents, all the assistance * required by humanity may be furnished her,

which does in no wise constitute assistance for warlike purposes, as laid down by international law, and does not conflict with that neutrality which this government studiously seeks to preserve, and has always preserved, in the contest between the States of North America. The undersigned cannot, therefore, aulmit the first portion of the claim of the consul, in the general manner in which it was presented, and particularly in relation to those articles considered as contraband of war, in conformity with instructions issued on that subject by the imperial government, and accoruling to which the said vessel will only be permitted to remain in this port for the length of time absolutely indispensable.

In regard to the second part of his note, it is my duty to observe to the consul that, even if it were fully established that the Florida had previously violated neutrality, such a proceeding would scarcely authorize us to refuse her permission to enter the

1 Extracted from the World" (American journal) of December 2, 1-64. (See Appendix, vol. i. p. 146.)

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