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a ship of war." "The Admiral replied, tersely, "As there are two guns on board, and an officer of the Alabama in charge of her, the vessel appears to come within the meaning of the cases cited in your communication." He did not seem to think it worth while to repeat his opinion as to the frivolous character of such evidence, since it had been disre garded by the civil authorities.

The facts were in due course reported by the Governor to The course of the the Home Government at London,3 and the Colonial Minis- Governor disapproved. ter wrote back that Her Majesty's Government were of opinion that the "Tuscaloosa" did not lose the character of a prize captured by the Alabama merely because she was at the time of her being brought within British waters armed with two small rifle guns, and manned [273] * with a crew of ten men from the Alabama, and used as a tender

to that vessel under the authority of Captain Semmes. He said that he "considered that the mode of proceeding in such circumstances most consistent with Her Majesty's dignity, and most proper for the vindication of her territorial rights, would have been to prohibit the exercise of any further control over the Tuscaloosa by the captors, and to retain that vessel under Her Majesty's control and jurisdiction until properly reclaimed by her original owners." These instructions were looked upon by the Governor as a censure; and the Tuscaloosa having in the mean time come again into port and placed herself within the jurisdiction, was seized, and the facts reported to waters of the colony. London. Her Majesty's Government disavowed this act, and instructed the Governor" to restore the Tuscaloosa to the lieutenant of The Governor rethe Confederate States who lately commanded her; or, if he should have left the Cape, then to retain her until she can be handed over to some person who may have authority from Captain Semmes, of

The Tuscaloosa comes again into the

verses his policy and seizes the vessel.

the Alabama, or from the Government of the Confederate States, [274] to receive her." The *Governor was also informed that the Home

Government had not in any degree censured him for the course which he had pursued. The Duke of Newcastle placed his His course is again instructions to restore the vessel upon "the peculiar cir- disapproved. cumstances of this case." But the Tribunal of Arbitration will observe that, inasmuch as, notwithstanding his first decision of the 4th of November above cited, he did, in his second instructious, fully approve of the course of the Governor in receiving the vessel originally as a manof war, in violation of the Queen's Proclamation and of well-settled principles of International Law, and against the sensible and honest advice of Rear-Admiral Sir Baldwin Walker, he was in no position to shelter the British Government from responsibility for the hostile act of her officials, by pleading any special or peculiar circumstances.

It is necessary now to go back and bring up the history of army purchases and blockade-running. Walker and Porter were left established as agents at Bermuda, and Heyliger at Nassau.

Blockade-running.

On the 28th of March, 1863, Fraser, Trenholm & Co. were notified that the insurgent Secretary of the Treasury had "appointed Mr. Lewis

1 Wodehouse to Walker, Vol. IV, page 219; Vol. VI, page 459.

2 Walker to Wodehouse, Vol. IV, page 219; Vol. VI, page 460.

Wodehouse to Duke of Newcastle, Vol. VI, page 220; Vol. IV, page 460.

Bernard's Neutrality of Great Britain during the American Civil War, page 425. See

also Vol. III, page 207, and Vol. VI, page 463.

5

Wodehouse to Newcastle, Vol. IV, page 229; Vol. VI, page 465.

6 Vol. IV, page 230.

"Duke of Newcastle to Sir P. Woodhouse, Vol. IV, page 241; Vol. VI, page 468. Same to same, March 10, Vol. IV, page 242; Vol. VI, page 469.

Heyliger a depositary of the treasury at Nassau, New Providence, and Colonel Norman S. Walker a depositary at Bermuda ;" and [275] they were told that Messrs. Heyliger and Walker would forward shipments of cotton on account of the treasury, and would draw on them for funds to pay expenses of the vessels and to make purchases of return cargoes. They were also informed that shipments of cotton would be made by way of Nassau and Bermuda by the authorities at Richmond, and they were directed to pay the proceeds of such shipments to Mr. Huse. The cotton was sent forward as opportunity offered. Thus, for instance, in May, 1863, the navy transported to Nassau five hundred and seventy-five bales for the treasury.2 The shipments were, in fact, going whenever there was opportunity.

Mr. J. M. Seixas was also appointed agent of the insurgent War Department in the ports of Wilmington and Charleston, "to take charge of all that relates to the running of the steamers of the Department sailing from and arriving at those ports."3

On the 18th of April, 1863, Walker forwarded to Fraser, Trenholm & Co. 800 bales of cotton, drew against it for £20,000 for his Cotton shipments. own disbursements for commissary stores, and notified Huse that the balance would go to his credit with Fraser, Trenholm* & Co. He also reported the arrival at Bermuda of "Confederate steam- [276] ers,” blockade-runners, with cotton, and he called Huse's attention to"the importance of sending to this place (Bermuda) one or two cargoes of Duffryne coal for the Government steamers ;" and adds: “You will readily see the injurious delay which may result from the want of a proper supply of coal." He also says: "From all that I can learn, any Confederate man-of-war which may come to this port will have no difficulty in coaling and procuring supplies.”+

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The blockade-runners of the Richmond authorities were by this time well known, and were making regular voyages. The Cornubia was running before January, 1863.5 The Giraffe and the Cornubia ran regu larly to Bermuda and to Nassau, in February, 1863. One or two more were thought "highly desirable." In March there was enough to employ three steamers for some time to come," and Huse was authorized "to add to the fleet two more good swift steamers,"7, and was furnished with a credit of £200,000 on Fraser, Trenholm & Co.3

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The insurgent government was all this while urg*ing its agents [277] to dispatch arms and munitions of war. In April, 1863, twenty thousand Enfield rifle bayonets were wanted as soon as possible. On the 6th of May "one hundred and fifty thousand bayonets" were wanted, "and lead and saltpeter in large quantities."10. On the 1st of June, Walker is ordered to send "paper for making catridges by the first boat:" "if there is none on hand send to Major Huse to buy a large quantity." Two days later he was ordered to send "Colt's pistol-caps as soon as possible." They were wanted for Lee, who was preparing to move to ward Gettysburgh.

Memminger to Fraser, Trenholm & Co., 28th March, 1863, Vol. VI, page 128.

2 Memminger to Mallory, 6th May, 1863, Vol. VI, page 119.

3 Seddon to Seixas, 7th April, 1863, Vol. VI, page 113.

4 Walker to Huse, 18th April, 1862, Vol. VI, page 115.

5 Gorgas to Huse, 1st January, 1863, Vol. VII, page 48.

6 Same to same, 26th February, 1863, Vol. VII, page 48.

7 Same to same, 8th March, Vol. VII, page 48.

8 Same to same, 9th March, Vol. VII, page 49.

9 Gorgas to Huse, Vol. VII, page 51.

O Same to same, 6th May, Vol. VII, page 51.
Gorgas to Walker, Vol. VII, page 54.

12 Same to same, Vol. VII, page 54.

Walker shows in all this emergency a fear of being crippled for want of coal. On the 21st of March he was arranging for a cargo in the port of Bermuda. On the 29th of March he writes that he has purchased that cargo, and wants more. On the 16th of May he urges Huse to send coal. "Every steamer takes from one hundred and sixty to one hundred and eighty tons." He has but six hundred tons left.3 On the

23d of May he again calls attention "most earnestly to the [278] *importance of keeping him supplied with good steam coal." He

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"hopes that some are already on the way." His "stock is almost exhausted." On the 30th of June he cries "send us coal, coal, coal! Each steamer takes one hundred and eighty tons, so that six hundred tons will be quickly consumed."5 Again on the 9th of July he writes "coal, coal, coal. Send me two thousand tons. The Lee, I fear, will be laid up for the want of it. You may calculate that each steamer will take one hundred and eighty tons." He wrote also to Fraser, Trenholm & Co., to the same effect, saying that there should be a "reserve there of at least three or four thousand tons." Shipments were made, and the supplies reached him before there was any serious detention of the blockade-runners. He was enabled to fulfill all the orders given in Richmond a short time before the advance of Lee's army into Pennsyl vania.

The insurgent Gov. blockade-running.

In spite of the countenance given by the authorities in Bermuda and Nassau, funds could not be forwarded fast enough to Major Huse to meet the great demands made upon him at this erminent interested in time. On the 23d of July, 1863, "on behalf of the Con[279] federate Government," he made an arrangement with *the Mer

cantile Trading Company for an advance of £150,000, to be extended to £300,000, for the purchase of goods for the insurgents, and their shipment by the company, "via Bermuda, Nassau, or Havana ;" "the Confederate Government to have two-thirds cargo space in each vessel, the company one-third each way;" "the cotton received from the Confederate States to be consigned to the company's agency in Liverpool." Stringer, the managing director of the company, soon became doubtful of Huse's powers, and wrote Mr. Mason, saying that he had already advanced him £20,000 on saltpeter, and inquiring about the powers; to which Mason replied that he did not know about the extent of Huse's powers, but that he had no doubt that the saltpeter would be taken by the insurgents.10 Stringer's doubts were soon set at rest; for it would seem that about that time there must have been received in London an agreement without date, executed in Richmond by "J. Gorgas, Colonel, Chief of Ordnance," and "approved" by "J. A. Seddon, Secretary of War," which probably replaced the temporary agreement of July 23. Five steamers were to be put on to run from

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Bermuda or Nassau to Charleston or Wilmington, two thirds to [280] be owned by the insurgents, and one-third by the British coutractors. The insurgents were to pay for their two-thirds in cotton, at Charleston, and were to be allowed commissions for their part ef

Walker to Huse, 21 March, Vol. VII, page 50.

2 Same to same, Vol. VII, page 50.

Same to same, 16th May, 1863, Vol. VII, page 52.

4 Same to same, Vol. VII, page 53.

5 Same to same, Vol. VII, page 55.

6 Same to same, Vol. VII, page 56.

7 Walker to Huse, Vol. VII, page 57.

8 Memorandum made in London, 23d July, 1863, Vol. VI, page 136.

9 Stringer to Mason, 16th September, 1833, Vol. VI, page 134.

19 Mason to Stringer, 19th September, 1863, Vol. VI, page 138.

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the work, the other contracting parties having a similar allowance. The portion of the proceeds of cotton belonging to the insurgents was "to be paid to the credit of the War Department with Messrs. Fraser, Trenholm & Co., of Liverpool." The insurgents were to furnish officers to command the vessels. The document was signed by "C. E. Thorburn,” and by "Chas. H. Reid & Co.," and by "The Mercantile Trading Co., Lim ited; Edgar P. Stringer, Managing Director, London, 23d September, 1863."1 Mr. Thorburn was a shareholder in the Trading Company, and on the 3d of October Mr. Stringer is found corresponding with him about the purchase of these vessels.3

Meanwhile the operations of the insurgents at Nassau and Bermuda had gone on with even more vigor than during the previous year. Huse's credit had been strained to the utmost, but was now restored. The purchases and supplies for the Quartermaster's Department appear to have been transferred during this summer exclusively to Nassau. Seixas was instructed to place one thousand bales of cotton at Nassau for the Quartermaster's Department, before the close of [281] the year, and was told that "the wants of the Quartermaster General are at Nassau, not Bermuda."4

Heyliger diligently complied with his instructions to forward quartermaster's stores. On the 29th of October he sent 40 tons by the "Antonica," "Margaret," and "Jessie." On the 2d of November he shipped by the "Hansa" 19 tons; the next day by the "Beauregard" 40 or 50 tons; and a large quantity by the "Alice;" and on the 5th of November he sent 20 tons by the "Banshee." The Margaret" and the "Jessie" were captured; the others ran the blockade. The Quartermaster's Department was much employed in collecting and forwarding cotton to meet these purchases.5

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Major Ferguson was in Liverpool at this time as an agent for the purchase of quartermaster's stores, and was sending large amounts forward. Fraser, Trenholm & Co. refused his drafts, because Heyliger had already overdrawn the Quartermaster's account. Ferguson thereupon wrote, urging that cotton should be forwarded. "I have," he says, "more faith in cotton than I ever had. If we can but get that out, we can buy all England, for most of the men, as well as [282] their merchandise, have a price."

These facts brought to Earl notice.

On the 3d of November, 1863, Mr. Adams, laid before Earl Russell "new proofs of the manner in which the neutrality of Her Russell's Majesty's ports is abused by the insurgents in the United States, in order the more effectually to procrastinate their resistance," which he contended showed the "establishment in the port of St. George's, in the island of Bermuda, of a depot of naval stores for their use and benefit in the prosecution of the war." This information should have put Lord Russell on the track of all the facts in regard to Bermuda. Had Her Majesty's Government pursued the investigations to which it gave them the clew, it would have done so. Earl Russell, He sees no offense on the 27th of November, answered that "Her Majesty's Government do not consider that they can properly interfere in this matter." 779 The dates would seem to indicate a possibility that no inquiries were made at Bermuda.

in them.

1 Vol. VI, page 140.

Vol. VI, page 144.

3 Vol. VI, page 143.

4 Bayne to Seixas, September 29, 1863, Vol. VI, page 139.

5 Bayle to Lawton, November 13, 1863, Vol. VI, page 147.

6 Fraser, Trenholm & Co. to Lawton, November 26, 1863, Vol. VI, page 149.
"Furguson to Lawton, December 23, 1863, Vol. VI, page 149.
8 Vol. I, page 735.

9 Vol. I, page 738.

On the 29th of December, 1863, Mr. Adams wrote Earl Russell that he had "information entitled to credit," that Ralph Cator, "an officer in Her Majesty's naval service," was "engaged in violating the [283] blockade;" and that there was *" a strong disposition on the part

of a portion of Her Majesty's navy to violate the neutrality of their Sovereign in aiding and assisting the enemies of the United States." This, too, was answered in a week from its date, without taking the trouble to inquire in the West Indies.2

Again, upon the 25th day of January, 1864, Mr. Adams called attention to "he manner in which the insurgents habitually abuse the belligerent privileges which have been conceded to them by Great Britain." It would seem that he had lately had a conversation with Earl Russell on the subject, for he says that he "deems it almost superfluous to enlarge further on the difficulties which must grow out of a toleration of the outrageous abuses of the belligerent privileges that have been granted to the insurgents." "It would be difficult," he adds, "to find an example in history of a more systematic and persistent effort to violate the neutral position of a country than this one has been from its commencement, that has not brought on a war. That this has been the object of the parties engaged in it I have never for a moment doubted." "It must be obvious," he says, "to your Lordship that, after such an expo

3

sition, all British subjects engaged in these violations of blockade [284] must incur a suspicion *strong enough to make them liable to be treated as enemies, and, if taken, to be reckoned as prisoners of war." 19 4

Earl Russell's at

to these facts.

Earl Russell replied to this note on the 9th of March. He ignored the evidence and charges of the hostile use of the British West India ports. He alluded to a charge against Lieutenant tention again called Rooke, which he set aside as unimportant, and to a charge against one James Ash of a purpose to build ships for the insurgents. As to the latter charge, he reiterated the oft-repeated plea that there was no "legal and proper evidence" to sustain it; and having disposed of these, he confined himself to a notice of Mr. Adams's intimation that it might become necessary to treat blockade-runners as prisoners of war. This, he said, could not be assented to.

A short discussion ensued, which was closed by a note of Mr. Adams, transmitting further evidence of the character of the trade between the British West Indian ports and the insurgent States, and calling Earl Russell's "particular attention to the express condition exacted from all vessels in trade with the insurgent ports, that one-half of the tonnage of

each vessel may be employed by the so-called Government for its [285] own use, both on the outward and homeward voyage; " to

which Earl Russell replied in an answer in which he said, in substance, that admitting all the facts stated to be true, there was nothing in them worthy of attention; for "the subjects of Her Ma- He again sees no jesty are entitled by International Law to carry on the operations of commerce equally with both belligerents, subject to the capture of their vessels and to no other penalty." 297

offense in them.

This discussion closed the correspondence which took place between the two Governments on this branch of the subject. It left Great Britain justifying all that took place, after actual knowledge of much, and pos

1 Vol. I, page 739.

2 Vol. I, page 740.
4 Adams to Russell, Vol. I, page 745.
5 Russell to Adams, Vol. I, pages 749-'51.
6 Adams to Russell, Vol. 1, page 756.
"Russell to Adams, Vol. I, page 757.

3 Vol. I, page 746.

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