About this time a whale-boat's crew (belonging to an island called Halifax,) came on board with some fish, when they asked Captain Sheppard for some bread and meat, as they had none in the boat.

The captain asked the American officer, who said that they might have some, but soon afterwards changed his mind, and said they might not. The men then appealed to Captain Sheppard, who said, "Heave it into the boat; if they stop you I can't help it." The American officer then came to Captain Sheppard and touched him on the shoulder, saying, "You had better go aft, you are giving too many orders here;" adding, "if you don't I'll put you where the dogs won't bark at you," laying his hand on his revolver at the same time.

The captain then went aft and was confined to his cabin under a sentry's charge.

A short time afterwards, Mr. Jamas Gray, the chief officer, went aft to go on the poop, but had only got to the top of the ladder, when a junior American officer, a Mr. Donoghoe, told him to go down; Mr. Gray did not go immediately, not exactly knowing what was the matter, when the officer repeated the order, saying, "If you do not, I will shoot you," at "the same time shoving him. Mr. Gray's foot caught in one of the steps of the ladder, when he turned half round and looked up in the officer's face, who then drew a revolver and shot him dead. We attempted to go aft to pick up Mr. Gray, when the senior officer told his men to draw swords and drive us forward, which they did, abusing us at the same time. We went aft afterwards and found Captain Sheppard and the second mate supporting the mate's head. The ball had entered behind the left ear and gone down into his body. The officer who shot him said he was sorry for the man, but he should obey orders, adding, "There is some humbug about that boat," meaning the whale-boat, adding that five men came off in her, and seven were going on shore: that they were all " Alabama's" men, and they "ought to go on shore and do for the b- -dy lot of them." He then pointed his pistol to the body of Mr. Gray, saying, that is one of the "Alabama's" men too. We were kept below all night, with orders not to come on deck without hailing the sentry, if we did not want to be shot.

They buried the body of Mr. Gray late in the morning opposite Penguin Island. The barque was dropped down where the "Vanderbilt" had been lying (but which was then in chase of a vessel in sight). The "Vanderbilt" came in next morning, and went inside Penguin Island, where she took in a lot of coals that were there, and went to sea next morning. We were landed on Sunday morning, and about a quarter of a bag of bread and a small keg of water. We then walked over the main land to a place opposite Halifax, when the men on the island came for us in a boat.

We stayed two days on the island when the schooner "Isabele" came in and took us down to Ichaboe, where we stayed a few days, when we went to Hottentots' Bay, where we went on board the brig "Lord of the Isles," and came to Cape Town.

No. 11.

Mr. Elliot to Mr. Hammond.-(Received January 30.)

Downing Street, January 28, 1864.

Sir, I HAVE laid before the Duke of Newcastle your letter of the 21st instant, relative to the capture at Angra Pequena, on the coast of Africa, of the British vessel "Saxon,” by the United States' steamer "Vanderbilt," and I am directed by his Grace to transmit you, for the information of Earl Russell, a copy of a despatch from the Governor of the Cape of Good Hope, containing the particulars which you state in your letter are required by the Law Officers of the Crown.

to

The Duke of Newcastle never heard until this time of the Act by which Sir George Grey assumed to annex various small islands off the same part of the coast of Africa as the Island of Ichaboe, and so far as at present advised, his Grace is not disposed to confirm the measure. As far as can be judged from the best map in this office, the islands by no means answer to Sir George Grey's description of "a cluster of small islands or rocks adjacent to" Ichaboe, but are situated at various distances from that island, one of them being at least fifty miles off.

I am, &c.

(Signed) T. FREDK. ELLIOT.

My Lord Duke,

Inclosure 1 in 11.

Sir P. Wodehouse to the Duke of Newcastle.

Government House, Cape Town, December 18, 1863. BY my despatch of the 20th ultimo I reported to your Grace that news had been received here of certain acts said to have been done by the United States' war steamer "Vanderbilt," on the coast to the northward of this colony, of which, at the time, I was unable to furnish any particulars; but I believe I am now in a position to transmit such information as will enable Her Majesty's Government to determine what course it will be expedient for them to pursue.

It will be seen that the " Vanderbilt," on her arrival at Angra Pequena, a small bay on the west coast of Africa, beyond the limits of this colony, found lying at anchor a vessel named the "Saxon," the property of a mercantile firm in Cape Town, of which she immediately took possession, on the plea that she was laden with the cargo of the "Tuscaloosa," a Federal merchant ship which had been taken by the "Alabama," and converted into a privateer. That the "Vanderbilt" then proceeded to take possession of a quantity of coals belonging to the owners of the "Saxon," which had been deposited on Penguin Island, a small island in the Bay of Angra Pequena; that she has sent the "Saxon" with her cargo, in charge of a prize crew for the adjudication of a court of competent jurisdiction in the United States; and that before the departure of the "Saxon" her chief officer was shot by one of the officers of the "Vanderbilt."

There are, therefore, three separate transactions on which it becomes necessary for me to furnish information, viz.,-the seizure of the ship, the appropriation of the coals, and the death of the mate.

An impression generally prevailed there that Penguin Island, near which the "Saxon," was anchored was British territory, and that, consequently, the seizure of that vessel in such a locality was a direct infringement of British rights. But upon inquiry, I have discovered that such is not the case. On the 13th April, 1861, your Grace communicated to my predecessor, that Her Majesty's Government had decided on the annexation to the Cape Colony of the Island of Ichaboe, which was duly carried out. Subsequently some merchants of this town interested in the guano trade, brought under the notice of Sir George Grey the case of certain small islands adjacent to Ichaboe; and the result was that, on the 12th August, 1861, he published a proclamation for bringing under the dominion of Her Majesty, Penguin Island, and ten others, "subject to Her Majesty's gracious confirmation and disallowance." Immediately after this had been done, Sir George Grey sailed for New Zealand; and there is no record of the proclamation having been reported to your Grace, or of the annexation having been confirmed by Her Majesty. Upon the score of territorial rights, therefore, as arising out of the vicinity of this island, I conceive no objection can be taken to the acts of the "Vanderbilt." In other respects the capture of the "Saxon" may fairly be left to the adjudication of a court of law. One of the owners of the ship has admitted to me without reserve that the cargo on board at the time of the seizure was a part of that landed from the "Tuscaloosa," and was intended to be conveyed to a market as the property of, and on account of, Captain Semmes, of the "Alabama,"

The same gentleman informed me he had been in communication with the United States Consul respecting the appropriation of the coals; and he had little doubt that officer would obtain the authority of his Government to pay for them. The Consul has since expressed himself to the same effect to me.

The death of the mate of the "Saxon" involves considerations of a far more serious nature. The depositions taken by the Acting Attorney-General go to show that when the crew of the "Saxon" were entirely without arms, and apparently without either the means or the wish to offer any resistance to their captors, this unfortunate man was, on little or no provocation, shot dead by one of the officers in command. Whether the act was the result of wanton ferocity, or whether it was perpetrated under the influence of unfounded apprehension, it seems hard to say. But it is very satisfactory to find, from the evidence of the Master of the "Saxon," that the Captain of the "Vanderbilt was much displeased at what had occurred, and had at once placed the officer under arrest. I cannot but hope that under such circumstances the Government of the United States will be prepared cheerfully to grant such reparation as Her Majesty's Government may consider the case to require; and I beg to recommend to your Grace's most favourable consideration an application which has been made to me by Messrs. W. Sampson and Son, as the agents of the widow of the deceased James Gray.

(Signed)

I have, &c.

P. E. WODEHOUSE,

Inclosure 2 in No. 11.

Proclamation.

PROCLAMATION by his Excellency SIR GEORGE GREY, Knight Commander of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of Her Majesty's Colony of the Cape of Good Hope in South Africa, and of the Territories and Dependencies thereof, and Vice-Admiral of the same, and Her Majesty's High Commissioner, &c., &c., &c.

Whereas, the Island of Ichaboe was, on the 21st day of June last past, taken possession of for and in the name of Her Britannic Majesty Queen Victoria, and declared a dependency of the Cape of Good Hope: And whereas it is expedient that, subject to the pleasure of Her Majesty in that behalf, Her dominion shall also be declared over a cluster of small Islands or Rocks adjacent to the said Island of Ichaboe, now therefore, I do hereby proclaim, declare, and make known, that the sovereignty and dominion of Her said Britannic Majesty, Queen Victoria, shall be, and the same are hereby declared over the following Islands or Rocks adjacent to Ichaboe, that is to say, Hollamsbird, Mercury, Long Island, Seal Island, Penguin Island, Halifax, Possession, Albatross Rock, Pomona, Plumpudding, and Roastbeef, or Sinclair's Island. This Proclamation of Her Majesty's sovereignty and dominion to take effect forthwith, but to be subject to Her Majesty's gracious confirmation and disallowance.

GOD SAVE THE QUEEN!

Given under the Public Seal of the Settlement of the Cape of
Good Hope, this 12th day of August, 1861.

I HAVE the honour to submit for the consideration of his Excellency the Governor the following depositions taken by the Acting Clerk of the Peace of certain proceedings near to and in Table Bay, Saldanha Bay, and Angra Pequena, and in which certain of the cruizers of the Federal and Confederate States of America, and other vessels were concerned. The depositions are numbered 1 to 5.

The dates in these papers do not always correspond, nor are they given in certain cases with any accuracy, but they are unimportant, and may be collected from the proceedings with sufficient certainty for all purposes required.

Amongst the papers will be found an extract of the log of the schooner " Atlas," Thomas Boyce, Commander; but I must remark respecting it, that it does not contain that portion which refers to the assistance rendered to the " Saxon," on finding her in Angra Pequena, of which the particulars were entered, and of which I requested an extract: the omission, however, has been remedied by the evidence of Captain Boyce.

The enquiry respecting the shooting and death of Mr. Gray, of the "Saxon," is fully gone into; the circumstances did not warrant such a proceeding, judging from the evidence taken, and which I have no reason to doubt. In this opinion Captain Baldwin evidently concurred, as he expressed his regret about it.

August 22, 1863.

I am a fisherman. About three weeks ago I started on a fishing excursion down the coast to Saldanha Bay, and while pursuing my avocation there on Monday last, the 17th August, I saw two barks enter the Bay. One was the " Sea Bride," heavily laden,

and the other, the privateer "Tuscaloosa," came in about sundown. I saw lots of people going off to them-farmers and country people. The" Cock of the Walk" came in there about sundown on Tuesday. Early next morning I looked out for the barks, but they were gone. I was astonished at this, because it was a dead calm through the night, and it continued so all day. The "Cock of the Walk" was still there. I could not have got out that night by sail, I am sure. I might have pulled out.

On Thursday morning I left in company with the "Cock of the Walk," and on leaving we met a large steamer entering the Bay. It was a paddle-wheel steamer under British colours. I saw nothing of the "Alabama;" but about twenty days before I saw a vessel there, which I afterwards learnt was the Alabama," but she was not there on this occasion.

Statements of James Roper, Augustus Knight, Louisa Johnson, Gabriel Antonio,
William Henry Scott, Thomas Armson, and Joseph Wilson.

JAMES ROPER states:

Cape Town, August 22, 1863.

I was navigator on board the "Kadée" cargo boat, which was formerly called the "Cock of the Walk," on her late trip to "Saldanha" Bay. I was engaged for service by Mr. Sarey the owner, we were to go there for a cargo of shells. We left the South Wharf about ten o'clock on Saturday night. There were three men belonging to the boat besides myself. We ran off to the bark "Ellesmere," where we took on board five men, and then proceeded on the voyage. Captains Clarke and Johnson were not on board the boat.

We came to an anchor outside the shipping, as there was no wind to take us out. On Sunday morning we weighed anchor, and tacked about all day, but could not get out.

When I awoke on Sunday morning, I saw Captain Johnson and another man, a short thick-set man. I don't know if it was Capt. Clarke, because I don't know him. I heard they had been taken on board during the night. I saw the "Lord of the Isles" going out on Sunday. We had no communication with her, and we were not at any time within three miles of her. We anchored in Commandant Bay, Rabben Island, that night. On Monday morning we got under weigh-the wind was westerly, but light, and we proceeded. Monday night was calm, and we lay off Saldanha Bay. Tuesday morning was calm; noon, light breeze from S. W. About 4.30 p.m. we came to anchor in Hatjes Bay, which is the northern arm of Saldanha Bay. We saw there two barks at anchor, with sails set, about three-quarters of a mile from us. At dusk a boat came alongside us from one of the barks, and took off the men we had taken on board. I don't know what vessels they were, they had no colors flying, but I supposed they were privateers. Next morning, at day light, when I turned out, they were both under weigh, and stood out to the S. W. The wind was off the land, easterly. We remained where we were all day; I was ashore, but saw no strangers there. On Thursday morning we weighed anchor to return to Cape Town; on coming out we met the "Valorous" going in, about a mile apart.

She did not speak to us.

We continued our passage, and arrived in Table Bay about ten o'clock the same night (Thursday).

I did not see the "Alabama," Georgia," or "Florida," during the cruise or any other vessel besides those I have mentioned. The people who came to take the men were dressed in plain clothes, and had no uniform, nor were they armed. The men seemed quite willing when we took them from the "Ellesmere."

Sir,

Water Police Office, Cape Town, August 18, 1863.

I HAVE the honour to report that I have boarded the bark "Ellesmere" according to your instructions, and found the following seamen on board:-Richard Harper, mate; Wallace Damouth, labourer; Gabrel Antonia, seaman; John Trent, seaman. The chief officer, when questioned where the remainder of the crew were, reported that they had deserted on Saturday night last the 15th instant.

The following are the names of the seamen that are absent according to shipping book:-Manuel Pereira, Andrew Gregory, Thomas Juellson, Daniel Johnson. I also beg to state that no information has been given at the Water Police Office, according to custom, and I have seen the master daily.

I have, &c.

(Signed)

W. H. SCOTT.

AUGUSTUS KNIGHT, sailor, states:

Yesterday afternoon I met Gabriel Antonia, a seaman on board the "Ellesmere," who told me, in course of conversation, that he had leave ashore from Saturday to Monday; that when he left on Saturday there were five seamen and the cook still on board, and that when he returned on Monday morning they were all gone; he told me that the captain had informed him that he had put the men on board the " Alabama ;' I know the three missing crew, one named Jackson, a shipmate with me in the "Waldensian," he is an elderly man, and was cast ashore here at the wreck of the "A. H. Stevens;" Jim Grey, another, also on board the "Waldensian" since I left; and another, Jackson, formerly of the "Wave Spirit."

My husband was a seaman on board the bark " Ellesmere," he signed the articles of the ship at the shipping office on or about the 1st of this month at wages of £2. 10s. per month, and went on board; I saw him last on Tuesday the 11th. Yesterday a man named Augustus Knight came to me and informed me that a sailor from the vessel had told him my husband had gone away-left the ship at midnight and gone to sea. Yesterday afternoon I went to the captain to ask him about the truth of this story, when he told me not to fret about it, that my husband was gone to another ship, where he would have £5. a month, and he would get so rich, that when he came back I might live like a lady; he afterwards told me my husband deserted, and that if I came back again he would give me a letter from my husband.

I am an ordinary seaman on board the "Ellesmere," now lying in Table Bay. My child died last week, and I obtained three days leave to come on shore. I returned on Monday morning, when I found that all the chaps had gone. I saw a countryman of mine here, named John Franks, and asked him what had become of the chaps. He replied that he did not know; but he afterwards told me they had gone to a ship on the leeward side-he thought it was the " Alabama," and that they were to have £4 a month. Before this I had seen the mate, and he said to one, "You have missed a fine chance, [140] D