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Trial and release. The criticisms on these proceedings in the American Case are sustained.

ent. The same gentlemen also gave a dinner to Captain Maffitt while he was there, which was attended by the same number of persons."

During the existence of the blockade of the Southern ports of America, vessels leaving the port of Nassau, with the intention of endeavoring to run their cargoes into the blockaded ports, almost invariably cleared for St. John's, New Brunswick, and many of them took in their outward cargoes at the anchorages adjacent to the harbor of Nassau.” Adderly & Co., the most influential mercantile establishment in Nassau,3 were receiving their two and one-half per cent. commission for transshipment; a most exorbitant demand, but one in unison with the usages of the place, and submitted to in consideration of retaining their interest.*

It is known that this trade of blockade-running has been a most profitable trade; that great fortunes have been made by many persons in carrying it on, and that Nassau and some other places have swarmed with vessels which have never previously been seen in those ports.5

In the midst of such surroundings, and with such a prosecutor, the case of the Oreto was tried, and resulted in a decree against

a Her Majesty; and the United States now repeat what they said in their Case: “If it had been predetermined that the Oreto should be released, the steps could not have been better directed for that purpose.” Adderly & Co. were at the outset informed what they must refrain from doing to avoid a conviction under the law as the Attorney General construed it, and they followed this advice, as it would seem, faithfully. The Attorney General commenced and prosecuted the case upon his construction of the law, which Her Majesty's Government admits was erroneous. He made no claim before the judge for a different construction, and the judge proceeded with that point admitted against the Government. The United States believe, as did His Excellency, Governor Bayley, that it would have been found to be exceedingly awkward to Her Majesty's Government if the reasonableness of their suspicions had been tested at that time by the experience of a United States vessel arriving at that port expecting to find its arms and ammunition there.

As soon as the release was ordered, that “energetic officer,” Captain Maffitt, and his lieutenant, Stribling, “threw themselves” on board of the vessel. On the evening of her release, solomon, a shipping-master at that port, at the request of Maffitt, commenced engaging men for her at his shipping-office. By Friday morning he had sent on board sixtyfive men, but in the mean time the vessel had gone outside, under a clearance in ballast for St. John's, New Brunswick, obtained at the Custom House.8

On the 6th of August Lafitte, an insurgent agent, purchased the schooner Prince Alfred in the name of A. J. Adderly, one of the firm of Adderly & Co. On the 7th, Adderly & Co. loaded her from the public warehouse, with the cargo warehoused for them from the Bahama on the 2d of June, and with shot, shells, and stores warehoused at different times from other vessels. She was cleared outward on the same day for St. John's.10

The Oreto went outside and steamed up and down the coast trying her machinery. Her Majesty's ship of war, the Peterel, was at anchor outside the bar, and while there a boat from the Florida. Oreto, with a man who stated he was the master in command of the

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Armament of the

Am. App., vol. vi, pp. 317, 487.
2 Att.-Gen. Anderson, Sept. 1, 1871, Brit. App., vol. i, p. 53.
3 Heyliger to Benjamin, Am. App., vol. vi, p. 66.

4 Ibid. 5 Lord Russell in the House of Commons, February 16, 1864, Am. App., vol. v, p. 526. 6 Am. App., vol. vi, p. 489.

* Am. App., vol. vi, p. 311. 8 Brit. App., vol. i, p. 58. 9 Kirkpatrick to Seward, Am. App., vol. vi, p. 327. 10 Am. App., vol. vi, pp. 325, 328.

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Oreto," came alongside; “said he was very short-handed, and wanted to anchor for about two hours to adjust his machinery, but if he anchored outside he had not sufficient crew to weigh his anchor, and begged I the captain of the Peterel] would assist him by lending him men." The men were refused, but he was told “he might hold on astern of the Peterel," and a line was given him for that purpose. The same night about one o'clock the Prince Alfred came out from Nassau while the Oreto was fastened astern of the Peterel. When she got outside of the bar, a light was struck on board; the Oreto let go the hawser of the Peterel, stood to the northward for a while, and then rounded to and took the Prince Alfred in tow. The two vessels then proceeded, the Prince Alfred being in tow, to Green Cay, about sixty miles from Nas. sau, and there the guns, ammunition, and stores were transferred from the Prince Alfred to the Oreto, about a week being occupied in so doing: 3

It is said on page 78 of the British Counter Case that Her Majesty's Government has no means either of verifying or disproving the truth of the statement in the Case of the United States as to the arming of the Florida. On page 67 of the British Case, however, it is said that Her Majesty's Government has been informed and believes that she was subsequently armed for war by a Captain Maffitt; * that she was then commissioned ; * * and that after keeping the sea for a few days, she put in at the port of Cardenas, in Cuba, where (or at Havana) she remained for nearly a month. On the 4th September the vessel arrived at and entered the port of Mobile.” The precise point at which she took on her armament is not important. It is sufficient for all the purposes of the United States that she was armed within a short time after she left Nassau. It appears from the admissions in the British Case, that she entered the port of Mobile within a month after leaving Nassau; that she remained at Cardenas or Havana about a month before she went to Mobile, and that she was armed and commissioned before she reached Cardenas. These admissions establish, therefore, the important fact of arming shortly after leaving Nassau. But the United States submit that the proof presented by them establishes the further fact that she was armed at Green Cay, in the manner and under the circumstances they have alleged. This proof will be found in vol. vi of the American Appendix, pages 306 to 321.

The Oreto, with her guns all mounted, at 8 a. m. of the 17th, parted from the Prince Alfred, hoisted the flag of the insurgents, and started upon her cruise under the name of the Florida." She proceeded to Cardenas, a port under the jurisdiction of Her Majesty the Queen of

Spain, and there attempted to ship a crew, but “the matter

was brought to the notice of the Government,” and an officer sent to the commander of the Florida " with a copy of the proclamation of the Queen of Spain and a notification to him that the Florida bad become liable to seizure.” The commander then "repudiated the transaction, and to avoid difficulty with the Government," paid the passage of twenty men to and from Havana, and returned the men to Harana. This was upon the 31st of August.5 She then sailed for Mobile and ran into the port through the blockade

on the 4th of September “ wearing the English red ensign

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At Cardenas.

and pennant,”6 and painted like a British vessel of war. A Letter of Watson to Admiralty, Brit. App., Counter Case, vol. v, p. 51. 2 Affidavits of Solomon and Lee, Am. App., vol. vi, pp. 312, 321. 3 Brit. Counter Case, p. 78; Am. App., vol. vi, p. 328. 4 Am. App., vol. vi, pp. 308, 328.

5 Ibid. voucher No. 6, p. 331. 6 Brit. App., vol. i, p. 74.

At Mobile.

At Nassau, January

, supplies, and recruitments.

ernor.

commander in Her Majesty's Navy soon after the occurrence said, “ had I met the Oreto at sea, armed and having a pennant, I should have taken her for one of our ships.” i

She remained at Mobile until the 15th of January, and then ran the blockade outwards. Stopping at Havana on the way for forty-eight hours, she arrived again at Nassau early in the 25, 1863; prece ima morning, about day-break, of the 25th. She steamed in over the bar without a pilot and cast anchor without permission of the gov

On his attention being called to the proclamation which required permission before coming to anchor, Captain Maffitt" expressed his regret for having unwittingly violated the regulations of the port," and was taken on shore by the adjutant of the fort in the Government boat to make his explanations to the Governor.3

He called at the Government House between eight and nine o'clock, and not seeing the Governor, addressed him a note as follows: "As this vessel is in distress for want of coal, I very respectfully request permission to anchor in the harbor for the purpose of obtaining the same.94 Permission was given and she “ took on board coal and provisions to last us for several months." Her bunkers were filled with coal, and some placed on deck aud in every place that could hold it. The coal was taken from wharves and vessels lying in the harbor. The money for coaling her was paid from Mr. Henry Adderly's store. She remained in the harbor until afternoon of the 27th, and at sunset was outside of the bar, opposite the entrance of the harbor, “ within a mile of the lighthouse, running up and down under slow steam, with just steerage-way on her, apparently waiting for something."7 Eleven men were obtained there and shipped. Adderly & Co. paid the account for shipping the men, which was signed by Captain Maffitt.

She arrived at Barbados, also within the jurisdiction of Her Majesty's Government, on the 24th of February, and applied, in consequence of her having met with severe weather, to be convey 24, 1863: reallowed to ship some coal and some lumber for repairs." pairs. Her commander assured the Governor "he was bound for distant waters.99

Under these circumstances she was permitted to take in ninety tons. of coal. On going into Barbados the bark Sarah A. Nickels ran in before to avoid capture. The Consul of ihe United States, after the arrival of the Florida, requested that she might be detained until 5 p.m. of the 25th, in order to give the bark her start of twenty-four hours. This was granted.io

On the 8th of May she arrived at Pernambuco. A representation was made that her machinery was out of order, and that it would not be possible to proceed with safety in less than three or four days. Permission to remain and repair was granted, and she sailed at 2 p. m. of the 12th. 11

From there she went to Bermuda, where she arrived on the 15th of July, and where salutes were exchanged with the fort. “This is the first salute which the flag of the Confederate States 15, 1863 : repuits and has ever received in a foreign port, and consequently we dwellers in the little island of Bermuda think very proudly of it. » 12

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At Barbados Feb

ceived coals and

At Pernambuco.

coals.

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| Am. App., vol. vi, p. 332.

? Affidavit of Jackson, ibid. 2 Brit. App., vol. i, p. 79.

8 Affidavit of Solomon, ibid., p. 312. 3 Ibid., p. 80.

9 Brit. App., vol. i, p. 91. 4 Brit. App., vol. i, p. 77.

10 Ibid., p. 95. 5 Private Journal, Am. App., vol. vi, p. 335. 11 Brit. Caso, p. 69; App., vol i, p. 106. * Affidavit of Demerith, ibid., p. 336. 12 Walker to Huse, Am. App., vol. vii, p. 57. 1+ Ibid. 9 Brit. App., vol. i, pr. 118, 122. 15 Ibid., p. 133; Am. App., vol. vi, p. 336.

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Captain Maffitt "stated that he had been at sea seventy days, with the exception of two visits to Havana and Barbados, each of which occupied less than twenty-four hours, and a visit of shorter duration to a port in the Brazils; that he was last from the immediate neighborhood of New York, within sixty miles of which he had been harassing the United States commerce; that he was in want of repairs to the hull and machinery of his ship, and a small supply of coal.”

Applications were made for leave to purchase coal from and repair at the Government dock-yard, which were refused. She was permitted, however, to remain in port until the 25th, when her repairs were completed, and she took in “a full supply of best Cardiff coal brought here from Halifax by steamer Harriet Pinkney." 3 This vessel was one of the insurgent “transports.”4 The conduct of the Governor was approved by the Government September 16.5 The Florida arrived at Brest, France, on the 23d of August, "in order that her engines and copper sheathing might be re

She remained until the 9th of February, 1864.7 Captain Maffitt, on the 3d of September, sent to Captain Bullock, “Confederate States Navy, Liverpool," a list of men discharged from her with their accounts and discharges. Many of them asked for “transportation, and others for reference to you (Bullock] or to a Confederate agent. These men went to Liverpool, and were paid off in October, 1863.9

At Brest, Captain Maffitt left the ship and Captain Barney took command. On the 22d of September, Frazer, Trenholm & Co. and J. R. Armstrong wrote from Liverpool to the new Captain as follows:

We beg to acknowledge the receipt of your favor of the 18th instant, the contents of which we have noted, and will have our best attention. We are informed by Messrs. Fawcett, Preston & Co., the builders of the engines of the Florida, that the spare machinery to which you refer was sent to Havre some time ago, and is now lying there subject to an order for delivery, which they have given to Captain Bullock. We are also informed by the same parties that they sent a blower, but they believe it is not the sort required, and they are now endeavoring to procure a more suitable one. As regards the engineers, we must await Captain Bullock's return to know who the men are. We have requested Messrs. Fawcett, Preston & Co. to engage two or three good, steady firemen; and as soon as Captain Bullock arrives (on the 24th) we will endeavor to have engineers,firemen, and machinery sent to you, and by the route you suggest.” to

The same parties were in frequent correspondence with the paymaster of the vessel at Brest in respect to her finances. A full crew was sent to her from London and Liverpool in January, and “two steel Blakely rifled-guns with steel-pointed elongated shot to fit them.” She sailed from Brest under the command of Captain Morris. On the 26th of April she was at Martinique for coal and provisions.

On the 13th of May she stopped at Bermuda to land a sick

officer and to obtain news. On the 18th of June she ap. peared at that port again, when she asked permission to take in coai and effect some repairs.14 Permission was given her to remain five days after the 21st. She quitted the harbor on the 27th, but remained cruising about the island until the 5th of July, when she was seen from the land..

At Martinique.

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1 Gov. Ord. to Duke of Newcastle, Brit. App., vol. i, p. 108.
2 Brit. Case, p. 69; App., vol. I, p. 111.
3 Am. App., vol. vi, p. 347 ; Brit. Case, p. 70; App., vol. i, p. 108.
4 Am. App., vol. i, p. 732.

10 Am. App., vol. vi, p. 352.
5 Brit. App., vol. i, p. 111.

11 Ibid., p. 354. 6 Brit. Case, p. 70.

12 Ibid., p. 353. Ibid., p. 72.

13 Brit. App., vol. i, p. 132. 8 Am. App., vol. vi, p. 349.

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At Bahia.

While there, on the 27th of June, 135 tons of coal were paid for by G. P. Black, who was temporarily acting as the agent for the Confederate States."

A draft for £8,500 sterling on Captain Bullock was discounted by this same agent, and money to the amount of more than £600 expended for repairs and supplies.”

From Bermuda she went to Bahia where she ended her cruise in the month of October.

It will thus be seen, that the first port which was visited by the Florida after her escape from Nassau was under the jurisdiction of the government of Spain. At this port she escaped seizure for a violation of the sovereignty by "repudiating" the act.

After leaving Mobile she touched at Havana, but does not appear to have taken in coal or supplies. Then she went to Nassau, then to Barbados, then to Pernambuco, then to Bermuda, then to Brest, within reach of her base of supplies at Liverpool; then to Martinique, then to Bermuda, and then to Bahia. After leaving Mobile, she visited once the po of Spain, twice those of France, twice those of Brazil, and four times those of Great Britain.

During her cruise she commissioned at different times three tenders, the Clarence, the Tacony, and the Archer. For their acts she is liable as for her own. She was the principal, and their acts were her acts.

Her tenders

? Am. App., vol. vi, p. 359; Acting Governor Monroe to Mr. Cardwell, British App., vol. i, p. 133.

2 Am. App., vol. vi, p. 358, et seq.

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