On the same day the Colonial Secretary wrote to the Consul that the coal could be admitted only "on the express condition and understanding that such coal should not afterward be reshipped or otherwise used in any manner which may, in the opinion of the law authorities of the Colony, involve a breach of Her Majesty's Proclamation of the 13th of May last, and particularly that such coal shall not be used for the purpose of coaling, or affording facilities for coaling, at this port, the vessels of war of the United States Navy, during the continuance of the hostilities."1" The sincerity of the desire of the Colonial Authorities to obey Her Majesty's Proclamation may be estimated from the following facts: [231] 1. That that Proclamation inhibited Her Majesty's *subjects from "breaking, or endeavoring to break, any blockade lawfully or actually established by or on behalf of either of the said contending parties; yet the Colonial Authorities finding that the Gladiator, which had been chartered to break a blockade established by the United States, would probably be intercepted by the vessels of the United States, permitted the cargo to be transshipped into smaller steamers, with the avowed purpose of breaking that blockade; 2. That Her Maj esty's Proclamation also inhibited British subjects from "carrying military stores or materials, or any article or articles considered and deemed to be contraband of war, according to the law or modern usage of nations, for the use or service of either of the said contending parties;" yet the Colonial Authorities welcomed the Gladiator, sailing under the British flag with contraband of war in violation of the Proclamation, and permitted her to shift her illegal cargo into other vessels, in like manner using the British flag for the purpose of transporting it to and on account of a belligerent. 3. That Her Majesty's Proclamation made, no mention of coal, and that coal is not regarded by Her Majesty's Government as an article necessarily contraband of war;3 yet the [232] Government of the *United States was forbidden by the same authorities, in the same week, to deposit its coal at Nassau, ex cept upon the condition that it would not use it. The United States have no reason to suppose that either of these partial decisions met with the disapproval of Her Majesty's Government. On the contrary, Earl Russell, on the 8th of January, 1862, in reply to a complaint from Mr. Adams that the port of Nassau Complaints to Earl was used as a depot of supplies by the insurgents, officially Russell and his reply. informed that gentleman that he had received "a report from the receiver general of the port of Nassau stating that no warlike stores have been received at that port, either from Great Britain or elsewhere, and that no munitions of war have been shipped from thence to the Confederate States."4 The United States with confidence assert, in view of what has been already shown, that, had Earl Russell seriously inquired into the complaints of Mr. Adams, a state of facts would have been disclosed entirely at variance with this report-one which should have impelled Her Majesty's Government to suppress what was going on at Nassau. The foregoing facts were all within the reach of Her Majesty's Government, although at that time not within the reach of the [233] Government of the United States. The failure to discover them, after Mr. Adams had called attention to them, was a neglect of the diligence in the preservation of its neutrality, which was "due," Thompson to Whiting, Vol. VI, page 45. 2 Vol. I, page 44. 3 Lord Granville to Count Bernstorff, 15th September, 1870. from Great Britain to the United States; and it taints all the subsequent conduct of Great Britain toward the United States during the struggle. On the 31st day of the same month, instructions issued from the Foreign Office, prescribing the amount of hospitalities to be extended to the belligerents. Instructions as to These instructions have already been referred to. They provided that: 1. No ship of war or privateer of either belligerent was to hospitalities to the be permitted to enter any port, roadstead, or water in the belligerents. Bahamas except by special leave of the Lieutenant Governor, or in case of stress of weather; and in case such permission should be given, the vessel was nevertheless to be required to go to sea as soon as possible, and with no supplies except such as might be necessary for immediate use. 2. No ship of war or privateer of either belligerent was to be permitted to use British ports or waters as a station or place of resort for any warlike purpose, or for the purpose of obtaining any facilities of warlike equipment. 3. Such ships or privateers entering British waters were to be required to depart within twenty-four hours after entrance, except *in case of stress of weather, or re- [234] quiring provisions or things for the crew or repairs; in which cases they were to go to sea as soon as possible after the expiration of the twenty-four hours, taking only the supplies necessary for immediate use; they were not to remain in port more than twenty-four hours after the completion of necessary repairs. 4. Supplies to such ships or privateers were to be limited to what might be necessary for the subsistence of the crew, and to enough coal to take the vessel to the nearest port of its own country or to some nearer destination; and a vessel that had been supplied with coal in British waters could not be again supplied with it within British jurisdiction, until after the expiration of three months from the date of the last supply taken from a British port.1 Almost simultaneously with the announcement by Earl Russell of an Lord Palmerston's imaginary condition of affairs at Nassau, Lord Palmerston stated to Mr. Adams that "it would not do for the United States ships of war to harass British commerce on the high seas, under pretense of preventing the Confederates from receiving things that are contraband of war." Thus, Great Britain, in the month of January, 1862, through Earl Russell and Lord Palmerston, and the instructions to the Admiralty ex*cluding United States vessels of [235] war from the port of Nassau, except by permission of the Governor, virtually said to the United States: "You complain that the insurgents make illegal use of Nassau, to your injury, in violation of the Queen's Proclamation, and of our duties as a neutral. We deny the fact; at the same time we exclude your vessels from that port, the place where you can best establish the truth of your allegations, and we waru you not to attempt to prove them by examining too closely, on the high seas, the vessels which sail under the British flag." threats. 192 Having now shown how the operations of the insurgents began at Nassau, and how they were facilitated by the co-operation and complicity of the local authorities, it will not be necessary to trespass on the patience of the Tribunal of Arbitration by a similarly minute examination of the doings at that port for the rest of the year 1862. Other vessels, freighted with contraband of war, followed the Gladiator. The Economnist and the Southwick came closely upon her track, and Heyliger was 2 Earl Russell to Lord Lyons, Vol. II, page 591. 1 Vol. IV, page 175. directed to do with their cargoes as he had done with the Gladiator's.1 Huse was also instructed to continue his purchases, and to send to the West India Islands, where the steamers could break bulk.2 Huse [236] called the attention of his principals to the efficiency of the blockade; said that the vessels which brought the cargoes across the Atlantic could not enter the blockaded ports; urged them to continue the system of transshipment; and complained of the activity of the United States officials. It was considered important to have a naval officer in charge of the transshipments, and Maffitt was detailed for the purpose. He arrived there on or about the 21st of May, and reported that he had assumed command of the Manassas, [Florida;] which had arrived there from Liverpool on the 28th day of April; said that his "ambition was great;" and promised to give "annoyance to the enemy." In May the supply of coal for the insurgent vessels fell short, and Heyliger went to Bermuda to buy some. The steps taken about this time for the detention of the Florida will be alluded to later. 4 at Nassau for British The cargoes of contraband of war that were thus transshipped were entered on the manifests as for St. John's, New Brunswick. Contraband of war It could not but have been well known at the custom-house fraudulently cleared that this was a fraud; yet the customs authorities winked ports. at the fraud, and gave the vessels clearances as British vessels sailing for British ports.7 for the [237] *Heyliger continued to report the transshipment and forwarding of these arms and military supplies. He noticed the arrival and departure of the "Kate," and other vessels, on account of the insurgent authorities, and on the 26th of July, 1862, he reported that the "Steamer Scotia, a private venture," was about to leave with a large supply of rifles, powder, and other ammunition. He did not report any other" private venture," so far as known to the United States. The operations of Huse during this year, and his shipments through Heyliger, are detailed as follows in a letter to Colonel Gor- Resume gas, insurgent Chief of Ordnance, to the insurgent Secre- year 1862. tary of War, dated, December 3, 1862.9 "The purchase of ordnance and ordnance stores in foreign markets on Government account are made by Major Caleb Huse, C. S. Artillery, who resides in London, and whose address is No. 38 Clarendon Road, Notting Hill, London, West. Major Huse was detailed for this duty in April, 1861. He has purchased arms to the amount of 157,000, [stands?] and large quantities of gunpowder, some artillery, infantry equipments, harness, swords, percussion caps, saltpeter, lead, &c. În addition to ordnance stores, [238] using a rare forecast, he has purchased and *shipped large supplies of clothing, blankets, cloth, and shoes for the quartermaster's department, without specific orders to do so. To pay for these purchases, funds have been from time to time sent to him by the Treasury Department, on requisition from the War Department, amounting in the aggregate to $3,095,139 18. These have been wholly inadequate to his wants, and have fallen far short of our requisitions. He was consequently in debt at latest advices to the Benjamin to Heyliger, 22d March, 1862, Vol. VI, page 71. Benjamin to Huse, 10th March, 1862, Vol. VI, page 68. 2 * * * * * 3 Huse to Gorgas, 15th March, 1862, Vol. VI, page 69. 4 Randolph to Heyliger, 11th April, 1862, Vol. VI, page 72. 9 Gorgas to Seddon, Vol. VI, page 104. S. Ex. 31-7 * amount of £444,850, a sum equivalent, when the value of exchange is considered, to $5,925,402 of our currency. * An agent, Mr. Norman S. Walker, was lately dispatched with $2,000,000 in bonds of the Confederate States. The instructions to Mr. Walker direct him to return to Bermuda, after the disposition of the bonds in England, and after conference with Major Huse. He is to remain there as a resident disbursing agent, and is, in conjunction with Mr. S. G. Porter, charged with the transfers of the cargo of the 'Harriet Pinkney,' now there, and other ships hereafter to arrive, to the ports of the Confederate States. * *** A large part of the cargoes have been landed at Nassau, and thence transmitted to the ports of the Confederate States in fast steamers. Their destination has lately been changed to Bermuda, where several most valuable cargoes are now awaiting transportation. It appears to me to be the appropriate duty of the Navy Depart- [239] ment to assist in the running in of these cargoes; but if the burden of it is to be borne entirely by the War Department, it is highly important that light-draught steamers should be purchased, and used solely for the transportation of cargoes from Bermuda." Bermuda, This change to Bermuda had been recommended by Huse in the preBase changed to vious August. The reason given was that "the port of Nassau had become dangerous;" and he had appointed as agent there "Mr. S. G. Porter, a gentleman highly recommended by Commander J. D. Bullock." Gorgas inquired of the insurgent Secretary of War whether Huse's appointment of Porter should be approved, and the reply is to be found in the above extract. Walker went there before January 1, 1863,3 and on the 9th day of February, 1863, it was reported that Bermuda was a good depot for the purpose, and that the insurgent authorities "had then three steamers running there." Having thus shown that the branch of the insurgent War Department established in Great Britain had, during the years 1861 and 1862, purchased arms, ammunition, and supplies to the amount of about nine millions of dollars, and that the branch of their Treasury [240] established at Liverpool had during the same time paid on account of these purchases over three millions of dollars, and that vessels either belonging to or chartered by the insurgent authorities were occupied as transports, (in violation of the Foreign Enlistment Act of 1819,) in carrying this large quantity of war material from British ports to the insurgents, and in bringing back cotton, the property of the insurgent authorities, to be used in making payments therefor, it is now necessary to see what the branch of their Navy Department, under the direction of Bullock, was engaged in during the same period. The United States are not able to trace these transactions with the minuteness with which they have been able to narrate the doings of Huse and Heyliger. The correspondence of those who assumed to direct the naval affairs of the insurgents has not come into the possession of the United States, as did the confidential correspondence of other agents heretofore cited. Bullock's operations, however, were on so large a scale that it will not be difficult to follow him. In doing this the United States will confine themselves to general statements, reserv. ing the particulars for the remarks that will be made upon the career of each cruiser. 1 Huse to Gorgas, 4th August, 1862, Vol. VI, page 93. 2 Gorgas to Randolph, 1st November, 1862, Vol. VI, page 103. 3 Gorgas to Huse, 1st January, 1863, Vol. VI, page 107. 4Gorgas to Huse, 9th February, 1863, Vol. VI, page 111. Bullock, as has been said, established himself in Liverpool in [241] the summer of 1861. The United States Consul re What was done at ports him on the 20th of September as "residing in Liverpool by Bullock. private lodgings in Liverpool," and as being "chiefly in communication with Fraser, Trenholm & Co., whose office he visits daily." Prioleau, one of the firm of Fraser, Trenholm & Co., says that he occupied for a year after his arrival a room in their office.1 It is probable that as early as October, 1861, he had made the contracts for the two gun-boats which were afterward known as the Florida and the Alabama. The drawings of the Alabama were signed by the Lairds, who built her, on the 9th of October, 1861. The United States have no means for determining the date when the contract was made with Fawcett, Preston & Co., for the Florida. Their Consul at Liverpool has stated that on his arrival at the consulate in November, 1861, his attention was called by the acting consul to this vessel, then called the Oreto, and to the Alabama. It is clear, therefore, that the work was advanced at that time. Prioleau also testifies that he introduced Bullock to Fawcett, Preston & Co., for the purpose of making the contract for the Florida.3 By the 4th of February, 1862, the Florida was so nearly completed that the Consul at Liverpool wrote, "She is now tak [242] ing in her coal, and appearances indicate that she The Florida. will leave here the latter part of the week without her armament." Her gun-carriages were soon taken on board, in pieces, some in a rough state, and were put in the hold, and a day or two later she received her provisions, and the crew was shipped. The steamer Bahama preceded her by a few days with her armament, but reached Nassau after her. When the Florida sailed she took a crew of fifty-two men and some guns,5 and was in every respect a man-of-war except that her armament was not in place. It was conclusively shown at Nassau that she might have been fitted for battle in twenty-four hours after leaving the dock in the Mersey." The vessel in that condition was consigned by Bullock to Heyliger." The connection of Bullock with the vessel from the beginning is estab lished by this act, as well as by the evidence of Prioleau. The connection of Fraser, Trenholm & Co. is shown by the admission of Prioleau, and by the fact that a member of that firm accompanied her on her trial trip and on her departure. Mr. Adams called the attention of Earl Russell to the charac[243] ter and destination of this vessel on *the 29th of February, and again on the 25th of March, 1861. Her Majesty's Government had ample time to ascertain her character and to detain her. They did go through the form of an examination which, seen in the light of subsequent events, reads like a farce." The work on the Alabama progressed more slowly than that on the Florida, possibly because it was a larger vessel. She was launched on the 15th of May, and made her trial trip on the The Alabama 12th of June.10 แ "The money for her was advanced by Fraser, Trenholm 4 1 Vol. VI, page 185. 2 Dudley to Edwards, Vol. III, page 17. 3 Dudley to Seward, Vol. VI, page 186. Dudley to Seward, Vol. II, page 593. 5 Report of Board of Customs, Vol. II, page 605. 6 Captain Hickley's affidavit, Vol. VI, page 263. 7 Heyliger to Randolph, 2d May, 1862, Vol. VI, page 76. 8 Dudley to Edwards, Vol. III, page 17. 9 Vol. II, pages 595 and 604. 10 Dudley to Seward, Vol. III, page 1. |