Imágenes de páginas
PDF
EPUB

of the transshipment of guns and stores on board of the Oreto, alias Florida, in 1862, and enters into some other irrelevant matter. It was sent to me by the attorney general with a letter refuting the charge of inertness which the consul brings against him in it. 4. Upon ascertaining that the above document, which contains no evidence of enlistment by Captain Maffit, had never before been brought to the notice of this government, although it is dated 4th September, 1862, I directed the colonial secretary to send him the reply, dated 2d instant, in which I point out that the document does not contain any evidence of enlistment, and that, with regard to the other matters alleged in it, I would take all fitting steps.

5. At the same time, I instructed the attorney general to endeavor to obtain information concerning the several persons and occurrences described in the consul's letter and its inclosure. If his inquiries should yield any tangible proof of a violation of the law by persons within the jurisdiction of the courts of this colony, proceedings shall be taken against them, and I will communicate the results to you.

6. Meanwhile I desire to call your attention to three points in the correspondence of the consul.

7. First. Captain Maffit arrived at Nassau, in the blockade-runner Owl, on the 31st January. The consul must have been immediately aware of his arrival. It is scarcely

credible that he had not long known the existence of the document now [83] produced, after the lapse of two years and a half; but he took no action in the matter until Captain Maffit was on the point of leaving the port and it was too late for the government to act upon his representation.

8. The consul alleges, as the reason of the long delay in bringing this charge, that "Captain Mathit has not been here at any other time when the witnesses could be obtained." Captain Maffit was here in the Florida for some days in January, 1863. On the 8th September, 1862, the then consul of the United States called attention to the arming of the Oreto, and was invited to bring forward any credible evidence which he might possess with reference to the transaction. The document now produced is dated the 4th September. It must, then, have been in his possession. He did not bring it forward. I inclose copies of his letter and of the reply to it.

9. That, certainly, was the proper time for presenting this declaration; and the attorney general was justified in making the reply, described in his letter, to the unofficial statement of Mr. Jackson, that the charge was a stale one, and that he would require clear and positive evidence before he could proceed against Captain Maffit. I inclose a memorandum, since received from the attorney general, of his interview with Mr. Jackson. The consul, I conceive, is not justified in accusing the government for not acting upon such statements, still less in commenting upon the acts of the governor in a letter addressed to his subordinate officer.

10. Secondly. The consul, in his letter of the 24th ultimo, and in a former letter, written concerning the steamer Mary, (herewith inclosed, as well as in a former dispatch, relating to that subject,) appears to think it a hardship, and a cause for complaint, that he should be called upon to furnish evidence in support of the charges which he brings forward, or to assist the government in prosecuting the inquiries which he has himself provoked. I cannot suppose that this is in accordance with the instructions or desire of his government; and I should be glad to be instructed whether I should not do right to call upon him for more precise and formal depositions in all or any of such cases.

11. The consul does not appear to perceive the difference between the proceedings which the government can take against a suspected vessel, and the legal formalities by which it is bound in prosecuting a criminal charge against any person connected with it. 12. I would direct your attention to the kind of information upon which he addresses the government, as shown in my dispatch of the 8th ultimo, and in the concluding paragraph of his letter to the attorney general, inclosed in this dispatch.

13. But a still more objectionable proceeding on the part of the consul appears to be that of introducing into his correspondence irrelevant and unfounded accusations against this government. In forwarding the correspondence relative to the improper landing of boats from the United States gun-boat Honduras, (dispatch of 9th ultimo,) I called attention to a charge of this description contained in his letter of the 7th February last, (copy herewith inclosed.) It is repeated in a different form in his letter to the attorney general. I need scarcely enlarge upon the difficulty, on the one hand, of challenging such statements, without provoking an inconvenient and endless correspondence; and, on the other hand, of carrying on a correspondence with a consular officer who writes in this spirit and adopts this tone in his communication with a friendly government. It is this dilemma which alone has induced me to trouble you upon the subject, and to suggest some interference on the part of Her Majesty's government.

14. I have deemed it best not to notice these statements otherwise than by informing the consul, when they were repeated, that I should bring them to your notice. It has occurred to me that, if you view his correspondence in the same light as myself, a representation might be made to his government, suggesting that he should be re

quired to withdraw the first objectionable letter, in which an accusation is more directly made against this government, or to withdraw or substantiate that part of it which contains the accusation. But I am happy to have the opportunity of leaving the whole subject to your superior judgment.

15. I annex a copy of the letter in which I have communicated to Her Majesty's consul at Havana the extraordinary rumor referred to in the last paragraph of the consul's letter to the attorney general.

[blocks in formation]

SIR: I have the honor to call your excellency's attention to a violation of the laws of Her Majesty the Queen's dominions by the enlistment of men within this colony by Captain Maffit, now here as captain of the blockade-running ship Owl, having shipped men in this port for the rebel privateer Oreto or Florida.

These enlistments took place after the trial in relation to that vessel was held, and two, at least, of the men thus enlisted are now in this city, and can be pointed out if desired. I understand further, that there are affidavits of theirs now in the possession of Mr. Dillett. The reason of this long delay is that Captain Matit has not been here at any other time when the witnesses could be obtained. He is understood to be ready to depart from here soon, and I would respectfully suggest that measures should be taken at once to vindicate the laws openly and notoriously violated in this instance. I have, &c., (Signed)

THOMAS KIRKPATRICK.

[Inclosure 3 in No. 47.]

The attorney general, Nassau, to Mr. Kirkpatrick.

ATTORNEY GENERAL'S OFFICE,
Nassau, February 24, 1865.

SIR: His excellency the governor has placed in my hands your letter of yesterday's date, and has instructed me to put myself in communication with you, in order to obtain the necessary information to enable me to act in reference to the matter brought by you under his excellency's notice.

I have therefore to request that you will furnish me with a detailed statement of your proofs and the names of the witnesses who can be produced to sustain the same. I have, &c.,

(Signed)

G. C. ANDERSON.

[Inclosure 4 in No. 47.]

Mr. Kirkpatrick to the attorney general, Nassau.

UNITED STATES CONSULATE,
Nassau, February 24, 1865.

SIR: I have the honor to acknowledge your favor of this day, asking me to furnish you the evidence, with details of the matters submitted to his excellency the governor by me yesterday. Inclosed you will find copies of the affidavits taken at the time of the transaction, and Charles Jackson, esq., can point out the wstnesses who are now here. I deeply regret that steps were not taken for the immediate arrest of the party before he left in the vessel this morning, or late last night; or when unofficially brought to your notice, as I understood it was yesterday morning, and regret also that the government has not felt called upon to vindicate their violated laws, without waiting for others less interested to call their attention to them, and then also be called upon to furnish evidence to prosecute for these violations; and I regret still more that more simple and entirely harmless violations (if violations at all) when innocently committed by officers of the United States, have been made the subject of severe condemnation. Notwithstanding I am willing and desirous to furnish the government here with any

information I may possess, and will say, in addition, that rumors are abroad, with how much truth I know not, that some of the parties recently engaged in blockade running are about fitting a vessel, or vessels, at Havana, under American colors, to cruise against British vessels, under the hope, undoubtedly, that such an act would involve the two countries in war, and so aid the so-called Confederate States. This information is said to have come from Captain Chadbourne, of the American brig E. P. Secret, now in this port, and who is also said to have seen a commission from some confederate authority to fit out a schooner in this port to cruise and destroy American vessels. I shall communicate the information relating to the rumor of fitting out vessels at Havana under the American flag to the consul of the United States there, that steps may be taken to frustrate the villains engaged in it, if found true.

[85]

I have, &c.,
(Signed)

* [Inclosure 5 in No. 47.]

THOMAS KIRKPATRICK.

Declaration of Peter Crawley, James Lockyer, and Andrew Hagan.

BAHAMA ISLANDS.

Be it known and made manifest to all to whom these presents shall come, that, on this day, being Thursday, the 4th day of September, in the year of our Lord 1862, Peter Crawley, lately a fireman on board the British steamship Pacific, now lying at anchor at Hanover Sound Anchorage; James Lockyer, lately a seaman on board the British bark Mary, of and belonging to the port of Liverpool; and Andrew A. Hagan, late seaman on board the British brig Adelaide, of and belonging to the port of Liverpool, in that part of Great Britain called England, severally came and appeared before me, Thomas William Henry Dillet, notary public for the said Bahama Islands, by lawful authority appointed, duly admitted and sworn, and did then and there, of their own free will and voluntary accord, before me, the said notary, severally and respectively, and each one for himself only, allege, affirm, declare, and say, in manner following, that is to say:

And, first, the said appearers do, and each of them doth allege, affirm, declare, and say, that on a Saturday night, in the month of August just passed, and at midnight, they were proceeding to their lodgings, when they met a mob of men in Bay street, in the city of Nassau, opposite to the Matanzas Hotel; that they knew some of the men, who stopped them, then laid hold of them, and said, "Come on." That they asked where they were going, and they replied, on board the Oreto, to work all the night, and until 8 o'clock the next day; that they were going to discharge a schooner's cargo into the Oreto, and they were going to get $5 each for it.

That they went on board the steamship Oreto, with her quartermaster, named PearSon; that previous to their going on board they asked for an explanation, and Pearson told them they were to work all night in discharging a schooner's cargo into the Oreto, and be paid at 8 o'clock the next day.

That when they went on board the Oreto, she was then lying outside of Hog Island, astern of Her Majesty's steamer-corvette Peterel, and attached to her by a hawser; that the Oreto got underway about an hour after they got on board, and then went to sea. And after they had been out about three hours, the Oreto overtook the British schooner Prince Alfred, of and belonging to the port of Nassau, New Providence, which vessel came by us, and Captain Maffit, of the Oreto, hailed us. He asked, "What schooner is that?" and the reply was, the "Prince Alfred." Captain Maffit then asked the captain of the Prince Alfred if he wanted a tow, and he said, "Yes." Captain Maffit told him to take in all sail, as he could tow him better; the captain complied; a hawser was sent on board from the Oreto, and made fast to the Prince Alfred, which vessel was then towed astern to Green Cay, one of the said Bahama Islands.

That on the next morning they began to discharge the Prince Alfred's cargo into the Oreto; that they took out of the Prince Alfred eight cannon, viz, six 32-pounder broadside guns, and two 63-pounder pivot guns; that they also discharged shot and shell in cases, and ammunition in kegs, all of which were put on board the Oreto. That the cargo of the Prince Alfred was more than could be stowed in the Oreto, and that some barrels of bread, cases of shot and shell, were left in her.

That they remained so employed in discharging and stowing cargo at Green Cay aforesaid for six days; and that before the Oreto left that place, she had all the guns before-mentioned mounted on her deck.

On Sunday morning, a week after they had been employed, they were called aft, and Captain Matfit and his first lieutenant came, and they were paid £3 each for the work they had done; and Captain Maffit told them that they would also receive $2 a day each till they reached Nassau, which sum has not been paid them by any person or persons.

That after they left the Oreto they went on board the Prince Alfred; that the Oreto then hoisted anchor and got under way, and when about 100 or 200 yards from them, she hoisted the flag known as the flag of the Confederate States of America; that her crew manned the rigging and gave three cheers, and she sailed out of sight.

That they sailed in the Prince Alfred on the following day, and went from Green Cay to Ragged Island, being twelve days on the passage; that when they arrived there Captain Morseman, of the Prince Alfred, told them that Captain Maffit had directed him to find them a passage to Nassau; that they asked the said Morseman what about the $2 a day Captain Maffit had promised them, and he said he knew [86] nothing about it.

That the said Morseman paid their passage to Nassau in the sloop Maria, and that they arrived at the said port of Nassau on Sunday, the 31st day of August. (Signed) PETER CRAWLEY. JAMES LOCKYER. ANDREW A. HAGAN.

All which matters and things were declared, alleged, and affirmed, as before is set forth in the presence of the said notary, and therefore I have subscribed my name and affixed my notarial seal, being requested to testify and certify the premises. This done at the city of Nassan, in the island of New Providence, the day and year first above written.

(Signed)

T. WILLIAM HENRY DILLET,

Notary Public, Bahamas.

BAHAMA ISLANDS, New Providence.

On this 25th day of February, A. D. 1865, before me, Ormond Drimmie Malcolm, notary public for the said Bahama Islands, personally appeared Thomas William Henry Dillet, esq., now acting as assistant justice of Her Majesty's general court of the said Bahama Islands, who declared that the foregoing declaration was taken by and before him, and is a true copy of the original, as recorded in his register of notarial acts, marked A, at pages 91, 92, 93, 94, and 95.

And I do further certify and attest that I saw and examined the said original declaration in the book aforesaid, from whence the foregoing copy was extracted, and that I found the same to be a true and faithful copy thereof.

In testimony whereof I have hereunto set my naine and notarial seal this 25th day of February, A. D. 1865.

(Signed)

ORMOND D. MALCOLM,
Notary Public, Bahamas.

[Inclosure 6 in No. 47.]

The attorney general, Nassau, to Governor Rawson.

ATTORNEY GENERAL'S OFFICE,
Nassau, February 27, 1865.

SIR: I have this moment received the inclosed communication from the United States consul, which, your excellency will remark, bears date the 24th instant.

I shall abstain from offering any remarks upon the tone of the consul's letter and the charges therein impliedly made against the Government. With respect, however, to the faccusation made against myself, I beg to state that Mr. Jackson, the agent for American underwriters, did mention to me, on the forenoon of the 23d, that there were two seamen then in Nassau who could prove that Captain —, 1862, fitted out the Oreto at Green Cay; in reply to which I remarked that it appeared a stale charge, and that it would require very clear and positive testimony to be adduced before I should, as law-officer, feel justified at this late period in initiating criminal proceedings against Captain Maffit. There the matter dropped, and I heard nothing further until I received your excellency's note on the morning of the 24th. when I immediately applied officially to the consul for his proofs.

I have, &c.,
(Signed)

G. C. ANDERSON.

[Inclosure 7 in No. 47.]
Mr. Nesbitt to Mr. Kirkpatrick.

COLONIAL SECRETARY'S OFFICE,
Nassau, March 2, 1865.

SIR: I am directed by his excellency the governor to acknowledge your letter of the 23d ultimo. calling his attention to a violation of the laws on the part of Captain Maffit, by the enlistment of men within this colony.

Your letter reached his excellency at a late hour of the night of the 23d, after Captain Maffit had actually left the port. He lost no time on the following morning in placing it in the hands of the attorney general.

[87] *This officer has since submitted to his excellency your reply to his inquiries. Upon this it is only necessary to inform you that the document which you have supplied dated as far back as September, 1862, furnishes no evidence of any enlistment of men by Captain Maffit.

With regard to the other information contained in this document, and in your letter to the attorney general, his excellency will take such steps as may appear to him to be fitting.

Among these will be the transmission of the correspondence to Her Majesty's government, whose attention he will call to the irrelevant and unjustifiable accusations brought against this government in your recent letters both to the attorney general and myself.

I have, &c.,
(Signed)

C. R. NESBITT,
Colonial Secretary.

[Inclosures in No. 47.]

Mr. Whiting to Governor Bayley.

UNITED STATES CONSULATE, NASSAU, NEW PROVIDENCE,

September 8, 1862.

SIR: I have the honor to inform your excellency that I have good authority for stating that the schooner Prince Alfred, of Nassau, took the Oreto's armament from this port and discharged the same on board that steamer at Green Cay, one of the Bahamas. That the Oreto afterward left Green Cay with the secession flag flying at her peak. That the Prince Alfred has returned to this port, and now lies at Cochrane's Anchorage, and I am credibly informed that her captain is again shipping men to be sent to the Oreto in direct contravention of the foreign-enlistment act.

I earnestly urge upon your excellency the propriety of instituting some inquiry into these matters, and of preventing acts so prejudicial to the interests of the friendly Government which I have the honor to represent.

I have, &c., (Signed)

[Inclosure 9 in No. 47.]

Mr. Nesbitt to Mr. Whiting.

SAMUEL WHITING.

COLONIAL OFFICE, Nassau, September 9, 1862. SIR: In reply to your letter of the 8th instant, directed to the governor, I am instructed by his excellency to inform you that if you feel assured that you have sufficient credible evidence to substantiate your allegation, and will put your evidence into the hands of the attorney general, his excellency will direct a prosecution against the captain of the Prince Alfred, or others who may have been guilty of violating the foreign-enlistment act.

But his excellency has no authority to take any steps against the Oreto which is out of his excellency's jurisdiction.

I have, &c.,
(Signed)

[Inclosure 10 in No. 47.]

C. R. NESBITT,
Colonial Secretary.

Memorandum by the attorney general of his interview with Mr. Jackson.

On the afternoon of the 23d February Mr. Jackson, agent for the New York underwriters, came into my office and, addressing me, asked whether I remembered a rumor which had been in existence two or three years back of the armament for Oreto, afterward the Florida, having been carried from Nassau in a schooner called the Prince Alfred, and, on my replying in the affirmative, said, "Well, Maffit is now here, and there are two men also here who can prove that the Oreto was fitted out at Green

H. Ex. 282-21

« AnteriorContinuar »