CHAPTER XXXII.

THE CONFEDERATE CRUISERS.

THE "ALABAMA" SUNK BY THE "KEARSARGE"--THE "SUMTER" AND OTHER

CRUISERS--PROTEST OF OUR GOVERNMENT TO THE BRITISH

GOVERNMENT--SECRETARY SEWARD'S DESPATCHES--PRIVATEERING--WHY ENGLAND

DID NOT INTERFERE--ARBITRATION AND AMOUNT OF DAMAGE OBTAINED FROM THE

BRITISH GOVERNMENT.

While the Army of the Potomac was putting itself in fighting trim

after its change of base, a decisive battle of the war took place

three thousand miles away. A vessel known in the builders' yard as the

"290," and afterward famous as the _Alabama_, had been built for the

Confederate Government in 1862, at Birkenhead, opposite Liverpool. She

was of wood, a fast sailer, having both steam and canvas, was two

hundred and twenty feet long, and rated at one thousand and forty

tons. She was thoroughly fitted in every respect, and cost nearly a

quarter of a million dollars. The American minister at London notified

the British Government that such a ship was being built in an English

yard, in violation of the neutrality laws, and demanded that she be

prevented from leaving the Mersey. But, either through design or

stupidity, the Government moved too slowly, and the cruiser escaped to

sea. She went to Fayal, in the Azores, and there took on board her

guns and coal, sent out to her in a merchant ship from London. Her

commander was Raphael Semmes, who had served in the United States

navy. Her crew were mainly Englishmen. For nearly two years she roamed

the seas, traversing the Atlantic and Indian Oceans and the Gulf of

Mexico, and captured sixty-nine American merchantmen, most of which

were burned at sea. Their crews were sent away on passing vessels, or

put ashore at some convenient port. Several war-vessels were sent out

in search of the _Alabama_, but they were at constant disadvantage

from the rule that when two hostile vessels are in a neutral port, the

first that leaves must have been gone twenty-four hours before the

other is permitted to follow. In French, and especially in British

ports, the _Alabama_ was always welcome, and enjoyed every possible

facility, because she was destroying American commerce.

[Illustration: CAPTAIN JOHN A. WINSLOW AND OFFICERS ON THE DECK OF THE

"KEARSARGE." (From a Government photograph.)]

In June, 1864, she was in the harbor of Cherbourg, France. The United

States man-of-war _Kearsarge_, commanded by John {372} A. Winslow,

found her there, and lay off the port, watching her. By not going into

the harbor, Winslow escaped the twenty-four-hour rule. Semmes sent a

note to Winslow, asking him not to go away, as he was coming out to

fight; but no such challenge was called for, as the _Kearsarge_ had

come for that purpose, and was patiently waiting for her prey. She was

almost exactly the size of the _Alabama_, and the armaments were so

nearly alike as to make a very fair match. But her crew were

altogether superior in gun-practice, and she had protected her boilers

by chains, "stoppered" up and down the side amidships, as had been

done in the fights at New Orleans and elsewhere. On Sunday morning,

June 19th, the _Alabama_ steamed out of the harbor amid the plaudits

of thousands of Englishmen and Frenchmen, who had not a doubt that she

was going to certain victory. The _Kearsarge_ steamed away as she

approached, and drew her off to a distance of seven or eight miles

from the coast. Winslow then turned and closed with his enemy. The two

vessels steamed around on opposite sides of a circle half a mile in

diameter, firing their starboard guns. The practice on the _Alabama_

was very bad; she began firing first, discharged her guns rapidly, and

produced little or no effect, though a dozen of her shots struck her

antagonist. But when the _Kearsarge_ began firing there was war in

earnest. Her guns were handled with great skill, and every shot told.

One of them cut the mizzenmast so that it fell. Another exploded a

shell among the crew of the _Alabama's_ pivot gun, killing half of

them and dismounting the piece. Balls rolled in at the port-holes and

swept away the gunners; and several pierced the hull below the water

line, making the ship tremble from stem to stern, and letting in

floods of water. The vessels had described seven circles, and the

_Alabama's_ deck was strewn with the dead, when at the end of an hour

she was found to be sinking, her colors were struck, and her officers,

with a keen sense of chivalry, threw into the sea the swords that were

no longer their own. The _Kearsarge_ lowered boats to take off the

crew; but suddenly the stern settled, the bow was thrown up into the

air, and down went the _Alabama_ to the bottom of the British Channel,

carrying an unknown number of her men. An English yacht picked up

Semmes and about forty sailors, and steamed away to Southampton with

them; others were rescued by the boats of the _Kearsarge_, and still

others were drowned.

In January, 1863, the _Alabama_ had fought the side-wheel steamer

_Hatteras_, of the United States Navy, off Galveston, Tex., and

injured her so that she sank soon after surrendering. The remainder of

the _Alabama's_ career, till she met the _Kearsarge_, had been spent

in capturing merchant vessels and either burning them or releasing

them under bonds. Before Captain Semmes received command of the

_Alabama_, he had cruised in the _Sumter_ on a similar mission,

capturing eighteen vessels, when her course was ended in the harbor of

Gibraltar, in February, 1862, where she was blockaded by the United

States steamers _Kearsarge_ and _Tuscarora_, and, as there was no

probability that she could escape to sea, her captain and crew

abandoned her.

[Illustration: CAPTAIN RAPHAEL SEMMES.]

[Illustration: CAPTAIN JOHN A. WINSLOW. (Afterward Rear-Admiral.)]

A score of other Confederate cruisers roamed the seas, to prey upon

United States commerce, but none of them became quite so famous as the

_Sumter_ and the _Alabama_. They included the _Shenandoah_, which made

thirty-eight captures; the _Florida_, which made thirty-six; the

_Tallahassee_, which made twenty-seven; the _Tacony_, which made

fifteen; and the _Georgia_, which made ten. The _Florida_ was captured

in the harbor of Bahia, Brazil, in October, 1864, by a United States

man-of-war, in violation of the neutrality of the port. For this the

United States Government apologized to Brazil, and ordered the

restoration of the _Florida_ to the harbor where she was captured. But

in Hampton Roads she met with an accident and sank. It was generally

believed that the apparent accident was contrived with the connivance,

if not by direct order, of the Government.

Most of these cruisers were built in British shipyards; and whenever

they touched at British ports, to obtain supplies and land prisoners,

their commanders were ostentatiously welcomed and lionized by the

British merchants and officials.

[Illustration: OPENING OF THE FIGHT BETWEEN THE "KEARSARGE" AND THE

"ALABAMA."]

The English builders were proceeding to construct several swift

iron-clad cruisers for the Confederate Government, when the United

States Government protested so vigorously that the British Government

prevented them from leaving port. One or two passages from Secretary

Seward's despatches to Charles Francis Adams, the American minister at

London, contain the whole argument that was afterward elaborated

before a high court of arbitration, and secured a verdict against

England. More than this, these passages contain what probably was the

controlling reason that determined England not to try the experiment

of intervention. Secretary Seward wrote, under date of October 5-6,

1863:

"I have had the honor to receive and submit to the President your

despatch of the 17th of September, which relates to the iron-clad

vessels built at Laird's shipyards for war against the United States,

which is accompanied by a very interesting correspondence between

yourself and Earl Russell. The positions you have taken in this

correspondence are approved. It is indeed a cause of profound concern,

that, notwithstanding an engagement which the President has accepted

as final, there still remains a doubt whether those vessels will be

prevented from coming out, according to the original hostile purposes

of the enemies of the United States residing in Great Britain.

"Earl Russell remarks that her Majesty's Government, having {373}

proclaimed neutrality, have in good faith exerted themselves to

maintain it. I have not to say now for the first time, that, however

satisfactory that position may be to the British nation, it does not

at all relieve the gravity of the question in the United States. The

proclamation of neutrality was a concession of belligerent rights to

the insurgents, and was deemed by this Government as unnecessary, and

in effect as unfriendly, as it has since proved injurious, to this

country. The successive preparations of hostile naval expeditions in

Great Britain are regarded here as fruits of that injurious

proclamation.... It is hardly necessary to say that the United States

stand upon what they think impregnable ground, when they refuse to be

derogated, by any act of British Government, from their position as a

sovereign nation in amity with Great Britain, and placed upon a

footing of equality with domestic insurgents who have risen up in

resistance against their authority.

"It does not remain for us even to indicate to Great Britain the

serious consequences which must ensue if the iron-clads shall come

forth upon their work of destruction. They have been fully revealed to

yourself, and you have made them known to Earl Russell, within the

restraints which an honest and habitual respect for the Government and

the people of Great Britain imposes. It seems to me that her Majesty's

Government might be expected to perceive and appreciate them, even if

we were henceforth silent upon the subject. When our unhappy civil war

broke out, we distinctly confessed that we knew what great temptations

it offered to foreign intervention and aggression, and that in no

event could such intervention or aggression be endured. It was

apparent that such aggression, if it should come, must travel over the

seas, and therefore must be met and encountered, if at all, by

maritime resistance. We addressed ourselves to prepare the means of

such resistance. We have now a navy, not, indeed, as ample as we

proposed, but yet one which we feel assured is not altogether

inadequate to the purposes of self-defence, and it is yet rapidly

increasing in men, material, and engines of war. Besides this regular

naval force, the President has asked, and Congress has given him,

authority to convert the mercantile marine into armed squadrons, by

the issue of letters of marque and reprisal. All the world might see,

if it would, that the great arm of naval defence has not been thus

invigorated for the mere purpose of maintaining a blockade, or

enforcing our authority against the insurgents; for practically they

have never had an open port, or built and armed, nor could they from

their own resources build and arm, a single ship-of-war.

"Thus the world is left free to understand that our measures of

maritime war are intended to resist maritime aggression, which is

constantly threatened from abroad and even more constantly apprehended

at home. That it would be employed for that purpose, if such

aggression should be attempted, would {374} seem certain, unless,

indeed, there should be reason to suppose that the people do not in

this respect approve of the policy and sympathize with the sentiments

of the executive Government. But the resistance of foreign aggression

by all the means in our power, and at the hazard, if need be, of the

National life itself, is the one point of policy on which the American

people seem to be unanimous and in complete harmony with the

President.

"The United States understand that the _Alabama_ is a pirate

ship-of-war, roving over the seas, capturing, burning, sinking, and

destroying American vessels, without any lawful authority from the

British Government or from any other sovereign power, in violation of

the law of nations, and contemptuously defying all judicial tribunals

equally of Great Britain and all other states. The United States

understand that she was purposely built for war against the United

States, by British subjects, in a British port, and prepared there to

be armed and equipped with a specified armament adapted to her

construction for the very piratical career which she is now pursuing;

that her armament and equipment, duly adapted to this ship-of-war and

no other, were simultaneously prepared by the same British subjects,

in a British port, to be placed on board to complete her preparation

for that career; that when she was ready, and her armament and

equipment were equally ready, she was clandestinely and by connivance

sent by her British holders, and the armament and equipment were at

the same time clandestinely sent through the same connivance by the

British subjects who had prepared them, to a common port outside of

British waters, and there the armament and equipment of the _Alabama_

as a ship-of-war were completed, and she was sent forth on her work of

destruction with a crew chiefly of British subjects, enlisted in and

proceeding from a British port, in fraud of the laws of Great Britain

and in violation of the peace and sovereignty of the United States.

"The United States understand that the purpose of the building,

armament and equipment, and expedition of the vessel was one single

criminal intent, running equally through the building and the

equipment and the expedition, and fully completed and executed when

the _Alabama_ was finally despatched; and that this intent brought the

whole transaction of building, armament, and equipment within the

lawful jurisdiction of Great Britain, where the main features of the

crime were executed. The United States understand that they gave

sufficient and adequate notice to the British Government that this

wrongful enterprise was begun and was being carried out to its

completion; and that upon receiving this notice her Majesty's

Government were bound by treaty obligations and by the law of nations

to prevent its execution, and that if the diligence which was due had

been exercised by the British Government the expedition of the

_Alabama_ would have been prevented, and the wrongful enterprise of

British subjects would have been defeated. The United States confess

that some effort was made by her Majesty's Government, but it was put

forth too late and was too soon abandoned. Upon these principles of

law and these assumptions of fact, the United States do insist, and

must continue to insist, that the British Government is justly

responsible for the damages which the peaceful, law-abiding citizens

of the United States sustain by the depredations of the _Alabama_.

"Though indulging a confident belief in the correctness of our

positions in regard to the claims in question, and others, we shall be

willing at all times hereafter, as well as now, to consider the

evidence and the arguments which her Majesty's Government may offer,

to show that they are invalid; and if we shall not be convinced, there

is no fair and just form of conventional arbitrament or reference to

which we shall not be willing to submit them."

In 1856 the great powers of Europe signed at Paris a treaty by which

they relinquished the right of privateering, and some of the lesser

powers afterward accepted a general invitation to join in it. The

United States offered to sign it, on condition that a clause be

inserted declaring that private property on the high seas, if not

contraband of war, should be exempt from seizure by the public armed

vessels of an enemy, as well as by private ones. The powers that had

negotiated the treaty declined to make this amendment, and therefore

the United States did not become a party to it. When the war of

secession began, and the Confederate authorities proclaimed their

readiness to issue letters of marque for private vessels to prey upon

American commerce, the United States Government offered to accept the

treaty without amendment; but England and France declined to permit

our Government to join in the treaty then, if its provisions against

privateering were to be understood as applying to vessels sent out

under Confederate authority. There the subject was dropped, and while

the insurgents were thus left at liberty to do whatever damage they

could upon the high seas, the United States Government was also left

free to send not only its own cruisers but an unlimited number of

privateers against the commerce of any nation with which it might

become involved in war. When at the beginning of President Lincoln's

administration Mr. Adams was sent out as minister at London, he

carried instructions that included this passage: "If, as the President

does not at all apprehend, you shall unhappily find her Majesty's

Government tolerating the application of the so-called seceding

States, or wavering about it, you will not leave them to suppose for a

moment that they can grant that application and remain the friends of

the United States. You may even assure them promptly, in that case,

that if they determine to recognize, they may at the same time prepare

to enter into alliance with the enemies of this Republic."

England had had a costly experience of American privateering under

sail in the war of 1812-15, and she now saw what privateering could

become under steam power. While she was rejoicing at the destruction

of American merchantmen, she knew what might happen to her own. Let

her become involved in war with the United States, and not only a

hundred war-ships but a vast fleet of privateers would at once set

sail from American ports, and in a few months her commerce would be

swept from every sea. The fisherman on the coast of Maine would carpet

his hut with Persian rugs, and the ship-carpenter's children would

play with baubles intended to decorate the Court of St. James.[1] The

navies of England and France combined could not blockade the harbors

of New England; and from those harbors, where every material is at

hand, might have sailed a fleet whose operations would not only have

impoverished the merchants of London, but called out the wail of

famine from her populace. Other considerations were discussed; but it

was doubtless this contingency that furnished the controlling reason

why the British Government resisted the tempting offers of cotton and

free trade, {375} resisted the importunities of Louis Napoleon,

resisted the clamor of its more reckless subjects, resisted its own

prejudice against republican institutions, and refused to recognize

the Southern Confederacy as an independent nation. It may have been

this consideration also that induced it, after the war was over, to

agree to exactly that settlement by arbitration which was suggested by

Secretary Seward in the despatch quoted above. In 1872 the

international court of arbitration, sitting in Geneva, Switzerland,

decided that the position taken by the United States Government in

regard to responsibility for the Confederate cruisers was right; and

that the British Government, for failing to prevent their escape from

its ports, must pay the United States fifteen and a half million

dollars. So far as settlement of the principle was concerned, the

award gave Americans all the satisfaction they could desire; but the

sum named fell far short of the damage that had been wrought. Charles

Sumner, speaking in his place in the Senate, had contended with great

force for the exaction of what were called "consequential damages,"

which would have swelled the amount to hundreds of millions; but in

this he was overruled.

[Footnote 1: See lists of goods captured by American privateers in the

war of 1812: "Eighteen bales of Turkish carpets, 43 bales of raw silk,

20 boxes of gums, 160 dozen swan-skins, 6 tons of ivory, $40,000 in

gold dust, $80,000 in specie, $20,000 worth of indigo, $60,000 in

bullion, $500,000 worth of dry goods, 700 tons of mahogany," etc. In

Coggeshall's "History of American Privateers."]

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