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belonging to the Panama Railroad Company and others, on her late voyage from the port of New York to Aspinwall, or Colon, in New Granada; that on the 26th day of January last, whilst becalmed near the longitude of 75° west, and latitude 18° north, the said barque was captured by the steamer - Alabama," of the so-called Confederate States of barque was captured on the starter dogna: m u m America, commanded by Captain Semmes; that on going on board the “ Alabama,” the
m masina Commander was informed that the cargo of the “Golden Rule” was owned in part by neutral parties, probably to the extent of one-fourth or one-third ; that after the removal of a portion of the cargo to the “ Alabama,” the barque was set on fire by order of the Commander of the “ Alabama," and totally destroyed, together with the cargo remaining on board.
(Signed) P. H. WHITEBURN, Master, “Golden Rule."
JOHN CASSIDY, Officer, “Golden Rule.”
State of New York, City and County of New York, ss.
Be it known that on the 14th day of March, A.D. 1863, before me, Frederick Bull, a Notary Public in and for the State of New York, duly commissioned and sworn, dwelling in the city of New York, personally came David Hoadley, President, and Joseph F. Joy, Secretary of the Panama Railroad Company, and P. H. Whiteburn, master, and John Cassidy, first officer, of the American barque “ Golden Rule,” to me known, who being severally sworn, did each for himself depose and say, that the foregoing statements by them respectively subscribed are correct and true, to the best of their knowledge and belief.
In witness whereof, I have hereunto set my hand, and affixed my notarial seal, the day and year last before written.
(Signed) Frederick Bull, Notary Public, 58, Wall Street.
Earl Russell to Mr. Adams. Sir,
Foreign Office, April 30, 1863. I HAVE the honour to acknowledge the receipt of your letter of the 29th instant, inclosing a Memorial addressed to the President of the United States, by the directing authorities of the Panama Railroad Company, respecting the destruction by the “ Alabama” of the American barque - Golden Rule.”
I am, &c. (Signed) RUSSELL.
. Legation of the United States, London, July 7, 1863. AS constituting one of the claims of citizens of the United States growing out of the lawless depredations upon American commerce by vessels fitted out and sent from the ports of Great Britain, I am directed to transmit to your Lordship copies of the papers herewith submitted (Inclosures 1 and 2).
I have the honour at the same time to annex copies of two other depositions furnished to me from the Consul of the United States at Liverpool, relating to the same general subject (Inclosures 3 and 4).
It is with great regret that I feel myself once more compelled to call your Lordship's attention to the circumstance attending the outfit of the steamer called the “ Japan.” It now appears that that vessel was at the time of her escape, and has continued until very lately to be, the property of a British subject residing in Liverpool. That person is Mr. Thomas Bold, a member of the commercial house of Jones and Co. I have information which leads me to believe that only within a few days has Mr. Bold notified the Collector of Customs at Liverpool of his sale of this vessel to foreign owners, and requested the register to be cancelled. That act was not completed until the 23rd of June last. It would appear from these facts, should they prove to be true, that this vessel has remained the property of a British subject during a considerable tiine in which she has been engaged in committing extensive ravages upon the commercc of a nation with which Her Majesty is at peace. The fact of the outfit of that vessel for hostile purposes has already occupied the attention of your Lordship, in consequence of former representations unhappily made too late for effective interposition. But the circumstances of the retention. of the owner
ship by a British subject for so long a period after she was known to be engaged in hostilities against the United States, is of too grave a character to justify me in omitting to
r Lordship's particular attention to it in advance of the possibility of receiving instructions respecting it.
I pray, &c. (Signed) CHARLES FRANCIS ADAMS.
Inclosure 1 in No. 7.
New York, June 4, 1863. THE Undersigned, owners of the ship “Golden Eagle” and her freight, beg to state that on the 21st February last that vessel was captured and burned by the steamer “Alabama," a vessel built in an English port, the particulars of which are fully set forth in the notarial copy of the protest of her master herewith, and to which we beg your attention.
Our loss . ..
62,800 Believing we have a good and valid claim against the English Government for this loss, we have to ask your kind offices in the premises ; and would feel obliged if you will take such steps as will best protect our interests, and we remain, &c.,
(Signed) EDWIN H. ROBINSON. .
H. L. HOWARD, Executrix of B. Howard's Estate.
Inclosure 2 in No. 7.
Consulate of the United States of America, London. TO all whom it may concern, be it known and made manifest, that on this 24th day of March, in the year of our Lord 1863, before me, Freeman H. Morse, Consul of the United States of America for London and the dependencies thereof, personally appeared Edward A. Swift, master and commander of the ship “ Golden Eagle" of New Bedford, United States aforesaid, of the burden of 1,12090 tons or thereabouts. And the said Edward A. Swift having before on the 20th day of March, within twenty-four hours after his arrival declared to protest before me, John Britton, United States' Consul at Southampton ; now comes being desirous to extend the same before me, and with him come Carl Brown, second officer ; John Smith, Carpenter; John Smith, A. Gates, Thomas Parker, E. Huboard, W. Gibson, M. Gilford, A. Silvé, J. Francis, John Leons, T. Whiskey, Merritt D. Bradley, W. L. Cartons, H. Dodson, and George Burrill, seamen, being duly sworn on the Holy Evangelists of Almighty God, before me the said Consul, did declare and set forth as follows, that is to say, that they the said appearers and the said ship's company sailed in and with the said ship from the port of Howland's Island on the 23rd of November now last past, with a cargo of guano bound to the port of Cork for orders, the said ship being tight, staunch, and strong, and in all respects in good order, and well fitted for the said voyage.
That nothing material occurred until the 21st February, on which day at 10 A.M, being then in latitude 29° 17' north, and longitude 45° 15' west, on the starboard tack, by the wind, saw a sail on the port bow standing towards us. At 11 A.M. spoke the barque “ Olive Jane” of Boston for New York. At 11:30 A.M. made the sail on the port bow to be a gun-boat and a steamer by her smoke pipe, distance about six miles (which proved to be the pirate steamer “ Alabama”). Soon after she fired two blank shots, having the Confederate flag at her peak, and tacking ship as ourselves, the wind being very light at the time and the ship going about four miles per hour, the steamer soon took in sail and steamed down upon us, firing a shot which fell short of the ship. About 1:15 P.M., the steamer fired again, the shot passing close ahead of the ship. At 1:30 p.M., finding they were preparing to fire again, appearers brought the ship to. An armed boat's crew boarded and took possession, At 6 P.m., the “Alabama” having chased another vessel (the barque “Olive Jane”), and set fire to her returned to the ship. Appearer Swift was ordered on
away from was taken
, the 22nd petty offieer
board with the ship's papers. Captain Semmes giving orders to the first Lieutenant to plunder and burn the ship, they taking all the ship's papers, chronometer, two sextants, spy glasses, charts, books, loy-book, and all appearer Swift's private property with the exception of a small quantity of clothes, and allowing the appearers, the officers and crew, a small bag of clothes each, and upon arrival on the “ Alabama,” they were placed in irons on deck all the time, with the exception of said appearer Swift who was taken below and searched, and the little money, about 157 dollars, taken away from bim, he being allowed to mess and sleep in the steerage with the petty offieers. At 5 P.M., the “ Golden Eagle" was set fire to, and at 8 A.M. on the 22nd went down, the steamer remaining by the burning ship all night. On the 27th, the “ Alabuma” gave chase to the ship “ Washington” bound from Callao to Antwerp, and after boarding her and finding her cargo owned by foreigners, took bonds for her, and put appearers and other persons upon her. Appearers remained six days on the “ Alabama.”
On the 18th March, the “ Washington ” spoke Cowes pilot-boat No. 3, off the Isle of Wight, south south-west, and placed appearers and other sufferers on board, and they made for Cowes, where they arrived and were put on shore.
Now, therefore, be it known that they, the said appearers, have protested, and by these presents do protest, against the said pirate No. 290, alias the “ Alabama," commanded by Captain Semmes, her officers ind crew, as the sole cause of all losses, costs, and damages that the said ship “Golden Eagle" or her cargo have suffered, or may suffer by reason thereof. (Signed) Edward A. Swift, Master.
(Signed) John Francis.
Isaac De Merritt.
Wm. L. Curtions.
In testimony of all which I the said Consul have hereunto set my hand and affixed my seal of office in London, the day and year first herein mentioned, and in the eightyseventh year of the independence of the said United States.
F. H. MORSE.
Consulate of the United States of America, London. I, Freeman H. Morse, Consul to the United States of America for London and the dependencies thereof, do hereby certify to all to whom it may concern, that the foregoing is a true and faithful copy of a certain Instrument of Protest of the ship“ Golden Eagle," of New Bedford, made and extended before me on the 24th day of March, and taken from the registry of the office of this Consulate in book marked “ Record Book of Protest No. 5," at folio 17.
In testimony whereof I have hereunto set my hand and affixed my seal of office at London, this 24th day of March, in the year of our Lord 1863, and in the 87th year of the Independence of the said United States.
(Signed) F. H. MORSE.
City and County of New York, ss.
I, Andrew Foster Higgins, a Public Notary in and for the said city and county, duly commissioned and sworn, do hereby certify the foregoing to be a true and exact copy of a certified copy of protest exhibited to me.
In testimony whereof I hereunto set my hand and seal of office this 2nd day of June, A.D. 1863.
(Signed) A. F. Higgins, Notary Pablic.
Inclosure 3 in No. 7.
Affidavit of John Trader. I, JOHN TRADER, at present on board the barque “Regatta," now lying in the Queen's dock in Liverpool in the county of Lancaster, seaman, make oath and say :
On the 18th day of March last I joined at Baltimore the barque “Henrietta,” Captain
Brown, master, as boy on a voyage from Baltimore to Rio, with a cargo of four, and two gentlemen and one lady, with three children, as passengers.
We left Baltimore on the 20th of March, and proceeded on our voyage, and on the 23rd of April, when about fifty-six miles south of the Equator, we were becalmed, and about 4 o'clock in the afternoon we saw a strange vessel astern of us; she had all her sails furled, and appeared to be making towards us under steam, and between 5 and 6 o'clock she came up to us, and when about forty to fifty yards from us, she hailed us and asked where we were bound to and where from. Our captain told himn. The strange vessel was Aying the American colours, the officer on board the strange vessel sang out to back our inainyard, and he would send some one on board. We backed the mainyard, and the stranger then sent off a boat which came alongside of us. An officer and several men then came on board ; they were all armed with revolvers and swords; they told us to get ready to go on board of their vessel. All the seamen of the “ Henrietta,” except myself, went into the boat, and were taken to the stranger. Another boat then came off from the stranger and took me, the two mates, and the steward, off to the ship. When we got on board the stranger we were put into iróns, and remained on deck. We found some ten or twelve prisoners; they were all in irons. Another boat was sent from the stranger and fetched the captain and passengers, and they were brought on board, but they were not put in irons.. Our mates were put into irons at first, but they were afterwards taken off.
About one hour after we came on board the stranger we saw our ship was on fire, and I also noticed that the stranger was fying the Southern colours, and that the American colours she had been fying when she hailed us had been hauled down, and about this time I heard that the stranger was the “Florida.”
When the fire had got a good hold of the “Henrietta,” the “ Florida” steamed away and then lay-to for the night.
On the following morning we got up steam and steamed down towards our vessel which we passed ; she was then nearly burnt down to the water's edge. After cruizing about we saw a strange sail, and made for her. She was an English vessel bound, I think, for Liverpool. One of the officers of the “ Florida ” hailed her, and asked her master if he could take any passengers; he said yes, but he would want a barrel of bread and a barrel of beef to be put on board first for every one taken. We then steamed off, and about 8 or 9 o'clock in the morning we saw another sail, and in about two or three hours we came up with her. She was hailed, and turned out to be an American ship called the “Oneida,” bound to New York from Shanghae.with tea. The “ Florida " was flying the American colours. The “ Oneida ” was ordered to lie-to, and a boat was sent off from the “ Florida” to the “ Oneida” with an armed crew. We were on deck and could see what took place. When the boat's crew had got on board the “ Oneida” the “ Florida " hoisted the Southern flag, and the “Oneida” hauled down her American flag; the “ Florida's " boats brought off the captain and crew of the “Oneida.” The crew were put into irons immediately they came on board. The “ Oneida".was then set fire to. When the fire had got good hold of the vessel we steaned away from her, and continued to cruize about. We then saw another sail, which we made for, and on coming up to her we found she was a French barque bound to New South Wales. She was hailed by one of the officers of the “ Florida,” and told to back her mainyards. We could not make him understand. A boat was sent off to her, and Captain Brown, our captain, and one of our mon, Peter Brown, who went as an interpreter, went on board. Our captain told us he was going to see if he could get a passage for all, himself and his crew and passengers. In about half-an-hour our captain returned and told us that the Frenchman would only take six, and the captain and the mates and passengers and the captain of the “Oneida” went on board the Frenchman. The seamen Peter Brown also remained on board the Frenchman. After we got rid of these parties we proceeded to cruize about again, and on the following morning we came across the Danish brig“ Ceres,” bound for Gibraltar, and I and H. G. Wagner and William Evans and John Short and the cook were put on board of her. We remained on board of this ship until, her provisions running short, I and Wagner and Evans and Short were put on board the “Regatta,” bound for Liverpool, where I arrived yesterday, but Wagner and Evans were put on board the “ Inca,” also bound for Liverpool, as our water was running short.
(Signed) JOHN TRADER.
Sworn at Liverpool, in the county of Lancaster, this 5th day of June, 1863.
Courts of Exchequer or Pleas.
Inclosure 4 in No. 7.
Affidavit of Henry George Wagner.
I, HENRY GEORGE WAGNER, at present on board the barque “Inca” of Liverpool, now lying in the King's dock in the port of Liverpool, in the county of Lancaster, seaman, make oath and say,
1. In the month of March last I shipped at Baltimore on board the barque“ Henrietta" of Baltimore, G. D. Brown master, for a voyage to Rio. The “ Henrietta” was a vessel of 440 tons, and we had a crew of thirteen all told, and a Mr. Roberts, a Mr. Morris, and a lady of the name of Florence with her three children, were passengers.
2. On the 20th March we sailed from Baltimore, and proceeded on our voyage without anything happening until the 23rd of April; we were then about fifty-six miles south of the Equator, and were becalmed, when at 4 in the afternoon we saw a strange sail to the stern of us. The stranger had no sails set but was under steam, and about 5 or 6 o'clock the stranger came up with us. She had the American flag flying at the fore royal masthead, and nothing at the peak. She hailed us, and asked us where we were from, and where bound to. We told him, and he then sung out to us to back our mainyard, and he would send his boat alongside. Captain Brown refused to back his mainyard. The stranger then lowered three boats, and came alongside and boarded us. There were four officers and twelve men. They were all armed with revolvers and cutlasses.
3. When they came on board, they asked Captain Brown for his papers and irons. The captain said he had no papers, but he told them where the irons were. Captain Brown was then ordered into one of the boats, and the two mates and the passengers also went into the same boat on board the stranger. I and the rest of the crew of the “Henrietta” were then ordered into another of the boats, and were rowed to the stranger. When we got under her stern, the stranger hoisted the Southern flag. We then went on board the stranger, and I and the rest of the seamen were put in irons.
4. The other of the stranger's boats brought the captain and the passengers' clothes, chronometer, charts, and other things, but they did not bring our things. I only got an old shirt and a pair of old trousers beyond what I stood up in, when taken out of my ship.
5. After the boats had all come from our ship, and we had been on board about an hour and a quarter, I saw the flames coming up out of the cabin windows of the “ Henrietta," and I then knew she had been fired. The stranger as soon as she saw the ship was burning put off from her, and went about ten miles away and then laid-to.
6. We were on deck, and could see our ship burning until about 3 in the morning, when thc fire went out about half-past 5 or 6 o'clock. The stranger, whose name we now learned was the “Florida,” steamed past our vessel, which was burned almost to the water's edge.
7. After we had passed our ship the “ Florida” continued to cruise about, and just afterwards we hailed a strange sail, which turned out to be an English barque, bound to Liverpool from Buenos Ayres. The Captain of the “ Florida ” asked him if he would like any passengers, but the master of the barque said he could not do so. We then continued cruizing about flying the American colours, and about 8 o'clock on the 21th of April a sail was seen to the north-west of us, and we then made for her and overhauled her about 10 o'clock. She was hailed, and answered that she was the “ Oneida ” of New Bedford, bound to New York from Shanghae, and loaded with tea. The Captain of the “Florida” then ordered three boats and crew to go on board of the “ Oneida,” which they did, and after bringing the captain and crew of sixteen in all on board, the ship was set fire to. We lay by until the lower sails had caught, and the “ Florida " then steamed away.
8. In the afternoon of the same day we spoke a strange barque which turned out to be from Bordeaux bound for New South Wales, and one of the “ Florida's " boats took Captain Brown, one of the crew of the “ Henrietta,” Peter Brown, and went on board the Frenchman. Our captain told us he was going to see if the French captain would take all of us and the passengers on board. When our captain came back, he told us that the Frenchman could not take the crew, but that he, the master and passengers and one of the boys, the captain's son, and the captain and mate of the “ Oneida,” were going on board, and they subsequently went on board. Peter Brown, one of our seamen, also went on board. He acted as interpreter.
9. The “Florida' after she had put the captain of the “Henrietta” and “Oneida” and the others on board of the Frenchman, laid-to until daylight of the next day, which was the 25th of April. In the morning of that day about 8 o'clock, a strange sail was seen which we made for under all steam, and after running after her for about an hour