CHAPTER LIV.

OTHER INCIDENTS OF THE BATTLE BETWEEN THE ALABAMA AND THE KEARSARGE--THE

RESCUE OF OFFICERS AND SEAMEN BY THE ENGLISH STEAM-YACHT DEERHOUND--THE

UNITED STATES GOVERNMENT DEMANDS THAT THEY BE GIVEN UP--BRITISH GOVERNMENT

REFUSES COMPLIANCE--THE RESCUED PERSONS NOT PRISONERS--THE INCONSISTENCY

OF THE FEDERAL SECRETARY OF THE NAVY.

Notwithstanding my enemy went out chivalrously armored, to encounter a

ship whose wooden sides were entirely without protection, I should have

beaten him in the first thirty minutes of the engagement, but for the

defect of my ammunition, which had been two years on board, and become

much deteriorated by cruising in a variety of climates. I had directed my

men to fire low, telling them that it was better to fire too low than too

high, as the _ricochet_ in the former case--the water being smooth--would

remedy the defect of their aim, whereas it was of no importance to cripple

the masts and spars of a steamer. By Captain Winslow's own account, the

_Kearsarge_ was struck twenty-eight times; but his ship being armored, of

course, my shot and shell, except in so far as fragments of the latter may

have damaged his spars and rigging, fell harmless into the sea. The

_Alabama_ was not mortally wounded, as the reader has seen, until after

the _Kearsarge_ had been firing at her _an hour and ten minutes_. In the

mean time, in spite of the armor of the _Kearsarge_, I had _mortally

wounded_ that ship in the first thirty minutes of the engagement. I say,

"mortally wounded her," because the wound would have proved mortal, but

for the defect of my ammunition above spoken of. I lodged a rifled

percussion shell near her stern post--_where there were no chains_--which

failed to explode because of the defect of the cap. If the cap had

performed its duty, and exploded the shell, I should have been called upon

to save Captain Winslow's crew from drowning, instead of his being called

upon to save mine. On so slight an incident--the defect of a

percussion-cap--did the battle hinge. The enemy were very proud of this

shell. _It was the only trophy they ever got of the Alabama!_ We fought

her until she would no longer swim, and then we gave her to the waves.

This shell, thus imbedded in the hull of the ship, was carefully cut out,

along with some of the timber, and sent to the Navy Department in

Washington, to be exhibited to admiring Yankees. It should call up the

blush of shame to the cheek of every Northern man who looks upon it. It

should remind him of his ship going into action with _concealed_ armor; it

should remind him that his ship fired into a beaten antagonist _five_

times, after her colors had been struck and when she was sinking; and it

should remind him of the drowning of helpless men, struggling in the water

for their lives!

Perhaps this latter spectacle was something for a Yankee to gloat upon.

The _Alabama_ had been a scourge and a terror to them for two years. She

had destroyed their _property_! _Yankee_ property! Curse upon the

"pirates," let them drown! At least this was the sentiment uttered by that

humane and Christian gentleman, to whom I have before had occasion to

allude in these pages--Mr. William H. Seward--one of the chief Vandals,

who found themselves in the possession and control of the once glorious

"Government of the States," during the war. This gentleman, in one of his

despatches to Mr. Adams, prompting him as to what he should say to the

English Government, on the subject of the rescue of my men by the

_Deerhound_, remarks: "I have to observe, upon these remarks of Earl

Russell, that it was the right of the _Kearsarge that the pirates should

drown_, unless saved by humane exertions of the officers and crew of that

vessel, or by their own efforts, _without the aid of the Deerhound_. The

men were either already actually prisoners, or they were desperately

pursued by the _Kearsarge_. If they had _perished_ [by being permitted to

be drowned, in cold blood after the action], the _Kearsarge would have had

the advantage of a lawful destruction of so many enemies_; if they had

been recovered by the _Kearsarge_, with or without the aid of the

_Deerhound_, then the voluntary surrender of those persons would have been

perfected, and they would have been prisoners. In neither case would they

have remained hostile Confederates."

No one who is not a seaman can realize the blow which falls upon the heart

of a commander, upon the sinking of his ship. It is not merely the loss of

a battle--it is the overwhelming of his household, as it were, in a great

catastrophe. The _Alabama_ had not only been my battle-field, but my home,

in which I had lived two long years, and in which I had experienced many

vicissitudes of pain and pleasure, sickness and health. My officers and

crew formed a great military family, every face of which was familiar to

me; and when I looked upon my gory deck, toward the close of the action,

and saw so many manly forms stretched upon it, with the glazed eye of

death, or agonizing with terrible wounds, I felt as a father feels who has

lost his children--his children who had followed him to the uttermost ends

of the earth, in sunshine and storm, and been always true to him.

A remarkable spectacle presented itself on the deck of the sinking ship,

after the firing had ceased, and the boats containing the wounded had been

shoved off. Under the order, which had been given, "Every man save himself

who can!" all occupations had been suspended, and all discipline relaxed.

One man was then as good as another. The _Kearsarge_ stood sullenly at a

distance, making no motion, that we could see, to send us a boat. The

_Deerhound_ and the French pilot-boats were also at a considerable

distance. Meantime, the water was rushing and roaring into the ship's

side, through her ghastly death-wound, and she was visibly settling--lower

and lower. There was no panic, no confusion, among the men. Each stood,

waiting his doom, with the most perfect calmness. The respect and

affection manifested for their officers was touching in the extreme.

Several gathered around me, and seemed anxious for my safety. One tendered

me this little office of kindness, and another, that. Kell was near me,

and my faithful steward, Bartelli, also, was at my side. Poor Bartelli! he

could not swim a stroke--which I did not know at the time, or I should

have saved him in the boats--and yet he was calm and cheerful; seeming to

think that no harm could befall him, so long as he was at my side. He

asked me if there were not some papers I wanted, in the cabin. I told him

there were, and sent him to bring them. He had to wade to my state-room to

get them. He brought me the two small packages I had indicated; and, with

tears in his eyes, told me how the cabin had been shattered by the enemy's

shot--our fine painting of the _Alabama_, in particular, being destroyed.

Poor fellow! he was drowned in ten minutes afterward.

Two of the members of my boat's crew being around me, when the papers were

brought, insisted that I should give them to them to take care of. They

were good swimmers, they said, and would be sure to preserve them for me.

I gave each a package--put up tightly between small slats--and they thrust

them in the bosoms of their shirts. One of them then helped me off with my

coat, which was too well laden with buttons, to think of retaining, and I

sat down whilst the other pulled off my boots. Kell stripped himself in

like manner. The men with the papers were both saved. One swam to a French

pilot-boat, and the other to the _Deerhound_. I got both packages of

papers. The seaman who landed on the French coast sought out Captain

Sinclair, who was still at Cherbourg, and delivered them to him. A writer

in the London "Times" thus describes how I got the other package: "When

the men came on board the _Deerhound_, they had nothing on but their

drawers and shirts, having been stripped to fight; and one of them, with a

sailor's devotedness, insisted on seeing his Captain, who was then lying

in Mr. Lancaster's cabin, in a very exhausted state, as he had been

intrusted by Captain Semmes with the ship's papers, and to no one else

would he give them up. The men were all very anxious about their Captain,

and were rejoiced to find that he had been saved. They appeared to be a

set of first-rate fellows, and to act well together, in perfect union,

under the most trying circumstances."

[Illustration: The Combat between the Alabama and the Kearsarge, off

Cherbourg, on the 19th of June, 1864.

KELLY, PIET & CO. PUBLISHERS.----LITH. BY A. HOEN & CO. BALTO.]

The ship settled by the stern, and as the taffarel was about to be

submerged, Kell and myself threw ourselves into the sea, and swam out far

enough from the sinking ship to avoid being drawn down into the vortex

of waters. We then turned to get a last look at her, and see her go down.

Just before she disappeared, her main-topmast, which had been wounded,

went by the board; and, like a living thing in agony, she threw her bow

high out of the water, and then descended rapidly, stern foremost, to her

last resting-place. A noble Roman once stabbed his daughter, rather than

she should be polluted by the foul embrace of a tyrant. It was with a

similar feeling that Kell and I saw the _Alabama_ go down. We had buried

her as we had christened her, and she was safe from the polluting touch of

the hated Yankee!

Great rejoicing was had in Yankeedom, when it was known that the _Alabama_

had been beaten. Shouts of triumph rent the air, and bonfires lighted

every hill. But along with the rejoicing there went up a howl of

disappointed rage, that I had escaped being made a prisoner. The splendid

victory of their iron-clad over a wooden ship was shorn of half its

brilliancy. Mr. Seward was in a furor of excitement; and as for poor Mr.

Adams, he lost his head entirely. He even conceived the brilliant idea of

demanding that I should be delivered up to him by the British Government.

Two days after the action, he wrote to his chief from London as follows:--

"The popular excitement attending the action between the _Alabama_

and the _Kearsarge_ has been considerable. I transmit a copy of the

"Times," of this morning, containing a report made to Mr. Mason, by

Captain Semmes. It is evidently intended for this meridian. The more

I reflect upon the conduct of the _Deerhound_, the more grave do the

questions to be raised with this Government appear to be. I do not

feel it my duty to assume the responsibility of demanding, without

instructions, the surrender of the prisoners. Neither have I yet

obtained directly from Captain Winslow, any authentic evidence of the

facts attending the conflict. I have some reason to suspect, that the

subject has already been under the consideration of the authorities

here."

Mr. Seward and Mr. Adams were both eminently civilians. The heads of both

of them were muddled, the moment they stepped from the Forum to the Campus

Martius. Mr. Adams was now busy preparing another humiliation for the

great American statesman. Some men learn wisdom by experience, and others

do not. Mr. Adams seems to have been of the latter class. He had made a

great many _demands_ about the _Alabama_, which had been refused, and was

now about to make another which was more absurd even than those that had

gone before. The "instructions" coming from Mr. Seward in due time, the

demand was made, and here is the reply of Lord Russell:--

"Secondly,"--[his lordship had been considering another point, which

Mr. Adams had introduced into his despatch, not material to the

present question,]--"I have to state, that it appears to her

Majesty's Government, that the commander of the private British

yacht, the _Deerhound_, in saving from drowning some of the officers

and crew of the _Alabama_, after that vessel had sunk, performed a

praiseworthy act of humanity, to which, moreover, he had been

exhorted by the officer commanding the _Kearsarge_, to which vessel

the _Deerhound_ had, in the first instance, gone, in order to offer

to the _Kearsarge_ any assistance which, after her action with the

_Alabama_, she might stand in need of; and it appears further, to her

Majesty's Government, that, under all the circumstances of the case,

Mr. Lancaster was not under any obligation to deliver to the captain

of the _Kearsarge_ the officers and men whom he had rescued from the

waves. But however that may be, with regard to the demand made by

you, by instructions from your Government, that those officers and

men should now be delivered up to the Government of the United

States, as being escaped prisoners of war, her Majesty's Government

would beg to observe, that there is no obligation by international

law, which can bind the government of a neutral State, to deliver up

to a belligerent prisoners of war, who may have escaped from the

power of such belligerent, and may have taken refuge within the

territory of such neutral. Therefore, even if her Majesty's

Government had any power, by law, to comply with the above-mentioned

demand, her Majesty's Government could not do so, without being

guilty of a violation of the duties of hospitality. In point of fact,

however, her Majesty's Government have no lawful power to arrest, and

deliver up the persons in question. They have been guilty of no

offence against the laws of England, and they have committed no act,

which would bring them within the provisions of a treaty between

Great Britain and the United States, for the mutual surrender of

offenders, and her Majesty's Government are, therefore, entirely

without any legal means by which, even if they wished to do so, they

could comply with your above-mentioned demand."

This reasoning is unanswerable, and adds to the many humiliations the

Federal Government received from England during the war in connection with

the _Alabama_, through the bungling of its diplomatists. The _Deerhound_,

a neutral vessel, was not only under no obligation, in fact, to deliver

up the prisoners she had rescued from the water, but she could not,

lawfully, have put herself under such obligation. The prisoners had rights

in the premises as well as the _Deerhound_. The moment they reached the

deck of the neutral ship, _by whatever means_, they were entitled to the

protection of the neutral flag, and any attempt on the part of the neutral

master, whether by agreement with the opposite belligerent or not, to hand

them over to the latter, would have been an exercise of force by him, and

tantamount to an act of hostility against the prisoners. It would have

been our right and our duty to resist any such attempt; and we would

assuredly have done so if it had been made. It will be observed that Lord

Russell does not discuss the question whether we were prisoners. It was

not necessary to his argument; for even admitting that we were prisoners,

hospitality forbade him to deliver us up.

But we were not prisoners. A person, to become a prisoner, must be brought

within the power of his captor. There must be a manucaption, a possession,

if even for a moment. I never was at any time, during the engagement, or

after, in the power of the enemy. I had struck my flag, it is true, but

that did not make me a prisoner. It was merely an _offer_ of surrender. It

was equivalent to saying to my enemy, "I am beaten, if you will take

possession of me, I will not resist." Suppose my ship had not been fatally

injured, and a sudden gale had sprung up, and prevented the enemy from

completing his capture, by taking possession of her, and I had escaped

with her, will it be pretended that she was his prize? There have been

numerous instances of this kind in naval history, and no one has ever

supposed that a ship under such circumstances would be a prize, or that

any person on board of her would be a prisoner. Nor can the _cause_ which

prevents the captor from taking possession of his prize, make any

difference. If from _any_ cause, he is unable to take possession, he loses

her. If she takes fire, and burns up, or sinks, she is equally lost to

him, and if any one escapes from the burning or sinking ship to the shore,

can it be pretended that he is a prisoner? And is there any difference

between escaping to the shore, and to a neutral flag? The folly of the

thing is too apparent for argument, and yet the question was pressed

seriously upon the British Government; and the head of Mr. Gideon Welles,

the Secretary of the Federal Navy, was, for a long time, addled on the

subject. I question, indeed, whether the head of the old gentleman has

recovered from the shock it received, to this day. He afterward had me

arrested, as the reader will see in due time, and conveyed to Washington a

prisoner, and did all in his power to have me tried by a military

commission, _in time of peace_, because I did not insist upon Mr.

Lancaster's delivering me up to Captain Winslow! Will any one believe that

this is the same Mr. Welles who approved of Captain Stellwagen's running

off with the _Mercedita_, after he had been _paroled_?

But here is another little incident in point, which, perhaps, Mr. Welles

had forgotten when he ordered my arrest. It arose out of Buchanan's

gallant fight with the enemy's fleet in Hampton Roads, before alluded to

in these pages. I will let the Admiral relate it, in his own words. He is

writing to Mr. Mallory, the Secretary of the Navy, and after having

described the ramming and sinking of the _Cumberland_, proceeds:--

"Having sunk the _Cumberland_, I turned our attention to the

_Congress_. We were some time in getting our proper position, in

consequence of the shoalness of the water, and the great difficulty

of manoeuvring the ship, when in or near the mud. To succeed in my

object, I was obliged to run the ship a short distance above the

batteries on James River, in order to wind her. During all this time

her keel was in the mud; of course she moved but slowly. Thus we were

subjected twice to the heavy guns of all the batteries, in passing up

and down the river, but it could not be avoided. We silenced several

of the batteries, and did much injury on the shore. A large transport

steamer, alongside of the wharf, was blown up, one schooner sunk, and

another captured and sent to Norfolk. The loss of life on shore we

have no means of ascertaining. While the _Virginia_ was thus engaged

in getting her position for attacking the _Congress_, the prisoners

state it was believed on board that ship, we had hauled off; the men

left their guns, and gave three cheers. They were sadly undeceived,

for, a few minutes after, we opened upon her again, she having run on

shore, in shoal water. The carnage, havoc, and dismay, caused by our

fire, compelled them to haul down their colors, and hoist a white

flag at their gaff, and half-mast another at the main. The crew

instantly _took to their boats and landed_. Our fire immediately

ceased, and a signal was made for the _Beaufort_ to come within hail.

I then ordered Lieutenant-Commanding Parker to take possession of the

_Congress_, secure the officers as prisoners, allow the men to land,

and burn the ship. He ran alongside, received her flag and surrender

from Commander William Smith, and Lieutenant Pendergrast, with the

side-arms of these officers. They delivered themselves as prisoners

of war, on board the _Beaufort_, and afterward were permitted, _at

their own request_, to return to the _Congress_, to assist in

removing the wounded to the _Beaufort_. _They never returned_, and I

submit to the decision of the Department, whether they are not our

prisoners?"

Aye, these _paroled_ gentlemen escaped, and Mr. Welles _forgot_ to send

them back. There was some excuse for Mr. Seward and Mr. Adams making the

blunder they did, of supposing that the rescued officers and men of the

_Alabama_ were prisoners to the _Kearsarge_, but there was none whatever

for Mr. Welles. He was the head of the enemy's Navy Department, and it was

his business to know better; and if he did not know better, himself, he

should have called to his assistance some of the clever naval men around

him. Nay, if he had taken down from its shelf almost any naval history in

the library of his department, he could have set himself right in half an

hour. James' "English Naval History" is full of precedents, where ships

which have struck their flags, have afterward escaped--the enemy failing

to take possession of them--and no question has been raised as to the

propriety of their conduct. So many contingencies occur in naval battles,

that it has become a sort of common law of the sea, that a ship is never a

prize, or the persons on board of her prisoners, _until she has actually

been taken possession of by the enemy_. A few of these cases will

doubtless interest the reader, especially as they have an interest of

their own, independently of their application.

THE REVOLUTIONNAIRE AND THE AUDACIOUS.

Lord Hood fought his famous action with the French fleet in 1794. In that

action, the French ship _Revolutionnaire_ struck her colors to the English

ship _Audacious_, but the latter failing to take possession of her, she

escaped. The following is the historian's relation of the facts:--

"The _Audacious_, having placed herself on the _Revolutionnaire's_

lee quarter, poured in a heavy fire, and, until recalled by signal,

the _Russell_, who was at some distance to leeward, also fired on

her. The _Audacious_ and _Revolutionnaire_ now became so closely

engaged, and the latter so disabled in her masts and rigging, that it

was with difficulty the former could prevent her huge opponent from

falling on board of her. Toward ten P. M., the _Revolutionnaire_,

having, besides the loss of her mizzen-mast, had her fore and main

yards, and main-topsail yard shot away, dropped across the hawse of

the _Audacious_; but the latter quickly extricating herself, and the

French ship, with her fore-topsail full, but owing to the sheets

being shot away, still flying, directed her course to leeward. The

men forward, in the _Audacious_, declared that the _Revolutionnaire_

struck her colors, just as she got clear of them, and the ship's

company cheered in consequence. The people of the _Russell_ declared,

also, that the _Revolutionnaire_, as she passed under their stern,

had no colors hoisted. That the latter was a beaten ship, may be

inferred from her having returned but three shots to the last

broadside of the _Audacious_; moreover, her loss in killed and

wounded, if the French accounts are to be believed, amounted to

nearly 400 men. Still _the Revolutionnaire became no prize to the

British_; owing partly to the disabled state of the _Audacious_, but

chiefly because the _Thunderer_, on approaching the latter, and being

hailed to take possession of the French ship, made sail after her own

fleet." 1 _James_, 132, 133.

It is observable in the above extract, that the historian does not

complain that the French ship escaped; does not deny her right to do so,

but remarks, as a matter of course, that she did not become a prize,

_because she was not taken possession of_.

THE ACHILLE AND THE BRUNSWICK.

In the same action, the French ship _Achille_, struck to the British ship

_Brunswick_, and _not being taken possession of_, endeavored to escape.

The relation of this engagement is as follows:--

"At eleven A. M., a ship was discovered through the smoke, bearing

down on the _Brunswick's_ larboard quarter, having her gangways and

rigging crowded with men, as if with the intention of releasing the

_Vengeur_, [a prize made by the _Brunswick_,] by boarding the

_Brunswick_. Instantly the men stationed at the five aftermost

lower-deck guns, on the starboard side, were turned over on the

larboard side; and to each of the latter guns, already loaded with a

single 32-pounder, was added a double-headed shot. Presently, the

_Achille_, for that was the ship, advanced to within musket-shot;

when five or six rounds from the _Brunswick's_ after-guns, on each

deck, brought down by the board the former's only remaining mast, the

foremast. The wreck of this mast, falling where the wreck of the main

and mizzen-masts already lay, on the starboard side, prevented the

_Achille_ from making the slightest resistance; and, after a few

unreturned broadsides from the _Brunswick_, the French ship struck

her colors. It was, however, wholly out of the _Brunswick's_ power

_to take possession_, and the _Achille_ very soon rehoisted her

colors, and setting her sprit-sail endeavored to escape."

The escape, however, was prevented by the appearance of a new ship upon

the scene, the _Ramilles_. This ship, after dispatching an antagonist with

which she had been engaged, perceiving the attempt of the _Achille_, made

sail in pursuit, and coming up with her, took possession of her, and thus,

for the first time, made her a _prize_. 1 _James_, 162-4.

THE BELLONA AND THE MILLBROOK.

In the year 1800, the French ship _Bellona_ struck to the British ship

_Millbrook_, and afterward escaped. The following is the account of the

engagement. The battle having continued some little time, the historian

proceeds:--

"The carronades of the _Millbrook_ were seemingly fired with as much

precision, as quickness; for the _Bellona_, from broadsides, fell to

single guns, and showed by her sails and rigging, how much she had

been cut up by the schooner's shot. At about ten A. M., the ship's

colors came down, and Lieutenant Smith used immediate endeavors to

take possession of her. Not having a rope wherewith to hoist out a

boat, he launched one over the gunwale, but having been pierced with

shot in various directions, the boat soon filled with water. About

this time, the _Millbrook_, having had two of her guns disabled, her

masts, yards, sails, and rigging shot through, and all her sweeps

shot to pieces, lay quite unmanageable, with her broadside to the

_Bellona's_ stern. In a little while, a light breeze sprung up, and

the _Bellona_ hoisted all the canvas she could, and sought safety in

flight." 3 _James_, 57.

THE SAN JOSE AND THE GRASSHOPPER.

In 1807, off the coast of Spain, the Spanish brig _San Jose_ struck to the

British brig _Grasshopper_--having first run on shore--when the greater

part of her crew escaped _before she could be taken possession of_. The

affair is thus related:--

"At about half an hour after noon, having got within range, the

_Grasshopper_ opened a heavy fire of round and grape upon the brig.

A running fight was maintained--about fifteen minutes of its

close--until two P. M., when the latter, which was the Spanish

brig-of-war _San Jose_, of ten 24-pounder carronades, and two long

sixes, commanded by Lieutenant Don Antonio de Torres, ran on shore

under Cape Negrete, and struck her colors. The greater part of her

crew, which, upon leaving Carthagena, on the preceding evening,

numbered 99 men, then swam on shore, and effected their escape." 4

_James_, 374.

THE VAR AND THE BELLE POULE.

In 1809, in the Gulf of Velona, the French ship-of-war _Var_, struck to

the British frigate _Belle Poule_, but _before she could be taken

possession of_, the officers, and a greater part of the crew escaped. The

action is described as follows:--

"On the 15th, at daybreak, the _Var_ was discovered moored with

cables to the fortress of Velona, mounting fourteen long 18 and

24-pounders, and upon an eminence above the ship, and apparently

commanding the whole anchorage, was another strong fort. A breeze at

length favoring, the _Belle Poule_, at one P. M., anchored in a

position to take, or destroy the _Var_, and, at the same time, to

keep in check the formidable force, prepared, apparently, to defend

the French ship. The _Belle Poule_ immediately opened upon the latter

an animated and well-directed fire, and, as the forts made no efforts

to protect her, the _Var_ discharged a few random shots, that hurt no

one, and then hauled down her colors. _Before she could be taken

possession of_, her officers, and a greater part of her crew escaped

to the shore." 5 _James_, 154.

THE VIRGINIA AND THE CONGRESS.

In the year 1862, one Gideon Welles being Secretary of the Federal Navy,

Admiral Buchanan, of the Confederate States Navy, in the engagement in

Hampton Roads, already referred to, for another purpose, sunk the frigate

_Congress_, and, _before she could be taken possession of, the crew took

to their boats and escaped_. Buchanan did not claim that the crew of the

_Congress_, that had thus escaped, were his prisoners; he only claimed

that Commander Smith, and Lieutenant Pendergrast were his prisoners, _he

having taken possession of them_, and they having escaped, in violation of

the _special parole_, under which he had permitted them to return to their

ship.

It thus appears, that, so far from its being the exception, it is the

rule, in naval combats, for both ship and officers, and crew, to escape,

after surrender, if possible. The enemy may prevent it by force, if he

can, but if the escape be successful, it is a valid escape. I have thus

far been considering the case, as though it were an escape with, or from a

ship, which had not been fatally injured, and on board which the officers

and crew might have remained, if they had thought proper. If the escape be

proper in such a case as this, how much more must it be proper when, as

was the case with the _Alabama_, the officers and crew of the ship are

compelled to throw themselves into the sea, and struggle for their lives?

Take my own individual case. The Federal Government complained of me

because I threw my sword into the sea, which, as the Federal Secretary of

the Navy said, no longer belonged to me. But what was I to do with it?

Where was Mr. Welles' officer, that he did not come to demand it? It had

been tendered to him, and _would_ have belonged to him, if he had had the

ability, or the inclination to come and take it. But he did not come. I

did not betake myself to a boat, and seek refuge in flight. I waited for

him, or _his_ boat, on the deck of my sinking ship, until the sea was

ready to engulf me. I was ready and willing to complete the surrender

which had been tendered, but as far as was then apparent, the enemy

intended to permit me to drown. Was I, under these circumstances, to

plunge into the water with my sword in my hand and endeavor to swim to the

_Kearsarge_? Was it not more natural, that I should hurl it into the

depths of the ocean in defiance, and in hatred of the Yankee and his

accursed flag? When my ship went down, I was a waif upon the waters.

Battles and swords, and all other things, except the attempt to save life,

were at an end. I ceased from that moment to be the enemy of any brave

man. A true sailor, and above all, one who had been bred to arms, when he

found that he could not himself save me, as his prisoner, should have been

glad to have me escape from him, with life, whether by my own exertions,

or those of a neutral. I believe this was the feeling, which, at that

moment, was in the heart of Captain Winslow. It was reserved for William

H. Seward to utter the atrocious sentiment which has been recorded against

him, in these pages. Mr. Seward is now an old man, and he has the

satisfaction of reflecting that he is responsible for more of the woes

which have fallen upon the American people, than any other citizen of the

once proud republic. He has worked, from first to last, for self, and he

has met with the usual reward of the selfish--the contempt and neglect of

all parties. He has need to utter the prayer of Cardinal Wolsey, and to

add thereto, "Forgive, O Lord! him who never did forgive."

With the permission of the reader, I will make another brief reference to

Naval History, to show how gallant men regard the saving of life, from

such disasters during battle, as befell the _Alabama_; how, in other

words, they cease to be the enemies of disarmed men, struggling against

the elements for their lives.

DESTRUCTION OF L'ORIENT AT THE BATTLE OF THE NILE.

At the battle of the Nile, fought by Lord Nelson, in 1798, with Admiral

Brueyes, the flag-ship of the French fleet, _L'Orient_, took fire and blew

up, after having surrendered. Admiral Ganteaume, the third in command of

the fleet, was on board the ill-fated ship, and being blown into the water

by the explosion of the magazine, was picked up by one of his boats and

conveyed to a French brig of war, in which he escaped to Alexandria. This

escape, after surrender, was regarded as valid by Lord Nelson. The

disaster is thus described by the historian. After giving the position of

the French fleet, at anchor in the Bay of Aboukir, and describing the mode

of attack by the English fleet, the narrator proceeds:--

"It was at nine P. M., or a few minutes after, that the _Swiftsure's_

people discovered a fire on board of the _Orient_, and which, as it

increased, presently bore the appearance of being in the ship's

mizzen chains. It was, in fact, on the poop-deck, and in the

admiral's cabin, and its cause we shall hereafter endeavor to

explain. As many of the _Swiftsure's_ guns as could be brought to

bear were quickly directed to the inflamed spot, with, as was soon

evident, dreadful precision. After spreading along the decks, and

ascending the rigging with terrific and uncontrollable rapidity, the

flames reached the fatal spot, and at about ten P. M., the _Orient_

blew up with a most tremendous explosion."

The historian then describes the terrible night-scene that followed; how

it put an end, for the time, to the action, and the efforts which were

made by the English boats to save life. We have only to do, however, with

Admiral Ganteaume. This gentleman describes his escape as follows:--

"It was by an accident, [he is writing to the Minister of Marine,]

which I cannot yet comprehend, that I escaped from the midst of the

flames of the _Orient_, and was taken into a yawl, lying under the

ship's counter. Not being able to reach the vessel of General

Villeneuve, [the second in command,] I made for Alexandria. At the

beginning of the action, Admiral Brueyes, all the superior officers,

the first commissary, and about twenty pilots, and masters of

transports, were on the poop of the _Orient_, employed in serving

musketry. After the action had lasted about an hour, the admiral was

wounded in the body, and in the hand; he then came down from the

poop, and a short time after was killed on the quarter-deck. The

English having utterly destroyed our van, suffered their ships to

drift forward, still ranging along our line, and taking their

different stations around us. One, however, which attacked, and

nearly touched us, on the starboard side, being totally dismasted,

ceased her fire, and cut her cable to get out of reach of our guns;

but obliged to defend ourselves against two others, who were

furiously thundering upon us on the larboard quarter, and on the

starboard bow, we were again compelled to heave in our cable. The 36

and 24-pounders were still firing briskly, when some flames,

accompanied with an explosion, appeared on the after-part of the

quarter-deck," &c.

Admiral Ganteaume does not mention the striking of the colors of this

ship, and the fact has been disputed. But Lord Nelson believed that she

had struck, and that is all we need for our purpose, which is to show

that, with the belief of this fact, he did not pretend to regard Admiral

Ganteaume as a prisoner. In 2 Clarke's "Life of Lord Nelson," p. 135,

occurs the following passage:--

"In a letter to his Excellency, Hon. W. Wyndham, at Florence, dated

the 21st of August, 1798, Sir Horatio had said, that on account of

his indifferent health and his wound, he thought of going down the

Mediterranean as soon as he arrived at Naples, unless he should find

anything very extraordinary to detain him; and this determination had

been strongly impressed on his mind by some of his friends, who

doubted the effect of his going into winter-quarters at Naples [where

the modern Anthony would find his Cleopatra, in the person of the

then charming Lady Hamilton] might have on a mind by no means adapted

to cope with the flattery of the Sicilian Court. He also informed Mr.

Wyndham, that _L'Orient certainly struck her colors_, and had not

fired a shot for a quarter of an hour before she took fire."

Admiral Ganteaume resumed his duties as a naval officer immediately after

his escape, repairing to Cairo, where Napoleon then was, to put himself

under the orders of the Great Captain. He returned with his distinguished

chief to France, in the frigate _Le Muiron_. The British Government did

not demand him of the French Government as a prisoner of war. This case

was almost precisely similar with my own. Both ships struck their colors;

both ships were destroyed before the enemy could take possession of them,

and both commanders escaped; the only difference being that Admiral

Ganteaume escaped in one of his own boats, to one of his own brigs of war,

and thence to Alexandria, and I escaped by swimming to a neutral ship, and

to the cover of a neutral flag; which, as before remarked, was the same

thing as if I had swum to neutral territory. Mr. Lancaster could no more

have thrust me back into the sea, or handed me over to the _Kearsarge_,

than could the keeper of the Needles light, if I had landed on the Isle of

Wight.

I have presented several contrasts in these pages; I desire to present

another. The reader has seen how Mr. Seward, a civilian, insisted that

beaten enemies, who were struggling for their lives in the water, should

be permitted to drown, rather than be rescued from the grasp of his naval

commander by a neutral. I desire to show how a Christian admiral forbade

his enemies to be fired upon, when they were engaged in rescuing their

people from drowning; even though the consequence of such rescue should be

the escape of the prisoners. I allude to Lord Collingwood, a name almost

as well known to American as to English readers; the same Lord

Collingwood, who was second in command to Nelson at the famous battle of

Trafalgar. This Admiral, from his flag-ship, the _Ocean_, issued the

following general order to the commanders of his ships:--

"OCEAN, September 19, 1807.

"In the event of an action with the enemy, in which it shall happen

that any of their ships shall be in distress, by taking fire, or

otherwise, and the brigs and tenders, or boats which are attached to

their fleet, shall be employed in saving the lives of the crews of

such distressed ships, they shall not be fired on, or interrupted in

such duty. But as long as the battle shall continue, his Majesty's

ships are not to give up the pursuit of such, as have not

surrendered, to attend to any other occasion, except it be to give

their aid to his Majesty's ships which may want it."--_Collingwood's

Letters_, 235.

But the American war developed "grand moral ideas," and Mr. Seward's,

about the drowning of prisoners, was one of them.

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