X.

THE SUMTER, THE NASHVILLE, THE RETRIBUTION, THE TALLAHASSEE AND THE CHICKAMAUGA.

The attention of the Arbitrators has thus far been directed in the progress of this investigation of facts, to vessels which left Great Britain to receive their armament, and which were afterwards, without having been engaged in any other service, actually armed for war.

The United States claim, however, that Great Britain failed to fulfil its duties towards them in respect to certain other vessels, to wit: the Sumter, Nashville, Retribution, Chickamauga and Tallahassee. The facts upon which a claim is predicated for compensation on account of the acts committed by these vessels, have already been. stated in the case which the United States have had the honor to present for the consideration of the Tribunal. Her Majesty's Government has, however, in its Case and Counter-Case, submitted some new evidence, which makes it proper for the United States to present, in this argument, as briefly as is possible, a summary of the

material facts, in respect to these vessels as they now appear from the evidence and allegations submitted by both the parties.

THE SUMTER.

This vessel was originally in the merchant service of the United States, and, at the outbreak of the rebellion, was employed as a packet between New Orleans and Havana. Soon after the blockade of the port of New Orleans, she was fitted and armed for a vessel of war, and, having escaped on the 30th of June, 1861, through the blockade at the mouth of the Mississipi River, appeared, on the 6th of July, at the Port of Cienfuegos, in the Island of Cuba, with six prizes which she had captured on her voyage thither. The prizes were detained in pcrt upon the order of the Captain General of the Island, and subsequently, on the 28th of the same month, "unconditionally" released "in consequence of the investigations "made by the authorities of Cienfuegos concerning their "capture.' The Sumter, during her stay, was permitted by the local authorities at the port to take coal and water. No application was made to the Governor General for that purpose. She went to sea in the evening

Brit. App., C.-Case, vol. VI, p. 101.

2 Ibid, p. 108.

3 Ibid., p. 104.

Ibil., p. 103.

of the 7th of July,' having remained in port about twenty four hours.

2

On the 17th of July, she arrived at Curaçoa, in Dutch Guiana, where she was permitted to supply herself with coal and provisions. She next appeared at Puerto Cabello in the Republic of Venezuela, on the 26th of July, with a prize, but being ordered to "take her depart

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ure within four and twenty hours," left, without coaling, at daylight on the 27th, and arrived at a British port in the Island of Trinidad, on the 30th. Here she was supplied with a new mainyard, eighty tons of coal "and provisions," and sailed in the evening of the 5th of August. She next appeared at Paramaribo, in Dutch Guiana, on the 19th of August, and purchased and received coals without objection on the part of the authorities. Remaining at this port until the 31st, she appeared at the Brazilian port of Maranham, on the 6th of September," to coal and procure supplies.

5

From this port she went to Martinique, where she also received coal and supplies, and from there to Cadiz, at which place she arrived on the 4th of January, 1862. ' Here she was permitted to go into dock and make some slight repairs. "The Captain of that vessel [the Sumter] asked for reparation in her upper works and in her decks, but after a scientific survey scrupulously executed, it was found that such reparations were not

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"necessary, and only those which were justified by an She was ordered away from Cadiz on the 17th.' The Minister of the United States at Madrid in reporting to Mr. Seward said, "I ought to say, perhaps, that if it had not been for "the example of what had taken place with the Nash"ville in an English port, I am confident that the "Sumter would have been forced to go to sea from Cadiz "as she came." From Cadiz she went direct to Gibraltar at which place she arrived on the 18th of January, 1862.

imperious necessity have been authorized."

On the 28th of August, 1861, the United States complained to the Government of the Netherlands of the treatment of the Sumter at Curaçoa, and on the 8th of October, made similar complaint as to the conduct of the colonial authorities on the occasion of her subsequent Visit at Paramaribo. "

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On the 15th of October, the Minister of Foreign Affairs advised the Minister of the United States at the Hague, "that the Government of the Netherlands, wishing to give a fresh proof of its desire [to avoid] all that could give the slightest subject for complaint to the United States, has just seut instructions to the colonial authorities, enjoining them not to admit, except in case of shelter from stress (relâche forcée), the vessels of war and priva"teers of the two belligerent parties, unless for twice twenty four hours, and not to permit them, when they are steamers, to provide themselves with a quantity of coal "more than sufficient for a run of twenty four hours. "

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1 Brit. App., vol. VI, p. 119.

Adams to Seward, Am. App, vol. II, p. 579.

3 Brit. App., vol. VI, p. 119.

Ibid., p 69.

Ibid., p. 81. 6 Ibid., p 84