_Not easily baffled--Two prizes--The Olive Jane--The Golden Eagle--The
white ensign saluted--In trepidation--Obstinacy--The Washington--The
William Edward--Patience Rewarded--Case of the John S. Parks._
More than a week passed without the occurrence of any event worthy of
record. Saturday, the 21st February, however, brought an exciting chase.
By 8 A.M. four vessels had been reported in sight. The first seen proved
too far ahead and to windward, to be worth chasing, and sail was then
made in the direction of two others, which were observed to be
exchanging signals with considerable diligence. Their conversation
ended, they parted company and sailed off in different directions,
evidently with the object of distracting the attention of the Alabama
which was now in full chase.
But the Alabama was not so easily to be baffled. Devoting her attention
first to the vessel which appeared by her slower rate of sailing to
offer the promise of an easier capture, she got up steam as she went
along, and the black smoke was already poured from her funnel and the
propeller beginning to revolve as she came within hail of the chase. A
blank cartridge was fired as usual; but the stranger kept doggedly upon
his way, evidently determined, if he could not escape himself, at all
events to do his best to increase the chances of his consort.
Even this chivalrous determination, however, was of no avail. A second
gun from the pursuer quickly followed upon the first, and this time the
command was pointed by the emphatic accompaniment of a round shot which
went whizzing through the rigging of the chase. Finding his enemy in
earnest, the ship now gave up the game, and hove to with the United
States colours at her peak. Putting a prize crew on board, the Alabama
wore round, and started at full speed in the direction of the second
vessel, which was making the best of her way off, and was by this time
some fifteen miles distant. The Alabama was now, however, under a full
head of steam, flying through the water at the rate of three to one of
the chase, and by the end of a couple of hours, she also was brought to,
with the Stars and Stripes flying, and her maintopsail to the mast.
A rapid investigation of papers resulted in the decision that the claim
of neutral ownership of the cargo was totally unsustained by evidence,
and the crew of the Olive Jane[13] were transferred to the Alabama, and
the barque set on fire, whilst her captor again came round and ran down
to meet his other prize. On communicating with the prize-master in
charge she proved to be the United States ship Golden Eagle, from
Howland's Island in the Pacific Ocean to Cork for orders.
[Footnote 13: Of Boston, from Bordeaux to New York, with a partial cargo
of French wines and "knickknackeries."]
The following particulars relating to these two vessels, are given in
Captain Semmes' journal:--
CASE OF THE OLIVE JANE.
Under United States colours and register--from Bordeaux for New
York--cargo consigned generally to houses in New York, with the
exception of five of the shipments which are consigned to _order_; but
there is no claim among the papers of French property, even in these
latter shipments, and _non constat_ but that the property is American,
and that the consignment on the face of the papers was made in this
manner to give a semblance of French ownership, until the property
should reach its destination, when the real owner would claim it under a
duly-indorsed bill of lading, forwarded to him by steamer. At all
events, the presumption of law is, that all property found on board an
enemy is enemy's property, until the contrary be shown by proper
evidence; and no evidence has been presented in this case at all. The
master, though quarter owner of the barque, and who, consequently,
should be well informed as to her cargo, &c., knows nothing, except that
one of the shippers--a Frenchman--told him that forty casks of wine,
worth, perhaps, twenty dollars per cask, belonged to him. Vessel and
cargo condemned.
* * * * *
CASE OF THE GOLDEN EAGLE.
Ship under United States colours and register. From San Francisco, _via_
Howland's Island, for Cork, laden with guano by the American Guano
Company. Cargo consigned to "orders." There is no question, therefore,
of property. Ship and cargo condemned.
* * * * *
On the morning of the 23rd February four vessels were in sight; but on
overhauling them they one and all proved to be under the protection of
neutral flags. One of them, however--a Frenchman from Buenos Ayres to
Havre--relieved the Alabama of two French prisoners, an artist and his
son, captured on board one of the late prizes. One of the other
vessels--the Prince of Wales, from Melbourne to England--dipped her
ensign to the Yankee colours displayed from the Alabama, on which the
latter, unwilling to appropriate a compliment intended for another,
lowered the Stars and Stripes and hoisted her own ensign. Hardly had the
change been effected when a bustle was observed on board the English
vessel, and passengers and crew crowded on deck to have a look at the
renowned Confederate. The formal compliment accorded to the flag first
displayed was renewed with hearty good-will, and this time accompanied
by the most enthusiastic demonstrations from all on board, the men
cheering and the ladies waving their handkerchiefs in honour of the
gallant little cruiser of which they had heard so much.
The next day, the Alabama being in the vicinity of the crossing of the
30th parallel by the San Roque and India-bound United States ships, sail
was shortened, and a bright look-out kept, but until nearly sunset
nothing was seen; and when, at length, "Sail, ho!" was cried, and the
Confederate cruiser on nearing the stranger showed the Yankee colours,
it was replied to by the tricolour of France. Again, at 9.30 P.M., when
another vessel was descried, there was still no prize, although it
required two cartridges, a chase of three-quarters of an hour, and
vociferous demands in both English and French to compel the vessel to
heave to. When, at last, the Master obeyed the command, it was
discovered that the brig was a Portuguese, bound from Pernambuco to
Lisbon. The officer despatched to overhaul the chase found, on stepping
on board, everything in the wildest confusion, and everybody so alarmed,
that neither skipper, mates, nor seamen seemed to know what they were
about. So great, indeed, was their trepidation, that upon an explanation
being asked of their strange conduct, the excuse given was that they
were too frightened to heave to!
The 25th February was a blank, only two sail being seen; the one a
Dutchman, the other English. The master of the latter coolly asked the
Alabama to take to England a discharged British seaman, and on the
following morning another master of an English ship made a similar
request--both being met with a refusal. On the 26th, no less than
thirteen sail were sighted by the Alabama, but not one of them displayed
the Yankee flag. The only excitement of the day was an obstinate
Hamburgh barque, which refused to show colours until the Confederate
cruiser was nearly upon her, and even then a blank cartridge was
required to bring her to.
After the large number of neutrals that the Alabama had overhauled, came
a prize. On the morning of the 27th February, the United States ship
Washington was captured. The vessel was the property of the enemy, but
as she carried a cargo of guano from the Chincha Islands, on account of
the Peruvian government, consigned to their agents at Antwerp, the
Washington was released on giving a ransom bond for 50,000 dollars. The
prisoners on board the Alabama having been transferred to the capture,
the two vessels parted company; the United States ship going on its
course, rejoicing that the neutral cargo she carried had saved her from
a fiery end. Two days after, another prize was taken. On the 1st March,
the Bethia Thayer, of Rockland, Maine, was overhauled, and like the
Washington, having on board guano the property of the Peruvian
government, was released on a bond of 50,000 dollars.
Shortly after, a suspicious barque, with the English flag at the peak,
hove in sight. Immediately the Alabama set every stitch of canvas, the
stranger did the same, and away the two dashed before the fresh
south-wester that was blowing. The chase was most exciting, and lasted
seven hours; but gradually the Alabama overhauled the suspicious craft,
and at 4.30 P.M. was enabled to signal it. The Confederate hoisted the
United States flag, and announced herself by an assumed name. The barque
replied that she was the William Edward, from Bahia, for Liverpool.
After some further communication, which convinced the Alabama that the
barque was English, the cruiser announced her real name, and permitted
the William Edward to proceed on her course. At nightfall another ship
was chased, which, upon being brought to, also proved to be English, the
Nile, bound from Akyab to London. The master of this vessel informed the
boarding-officer that a United States man-of-war, supposed to be the
Ino, was in the South Atlantic, in eager search of the Alabama!
At daybreak, on the 2d March, a sail was made out through the hazy
atmosphere, slowly steering towards the cruiser. Patiently the
Confederate waited, as the light wind from the south bore the stranger
towards them; their patience, too, was rewarded, for at 6 A.M., a
boarding-officer stepped on board the ship John S. Parks, of Hallowall,
Maine. The skipper, his wife, and crew, were transferred to the cruiser,
together with sundry stores and provisions; and then, after Captain
Semmes had carefully examined the papers of the capture, the prize was
set fire to, making number thirty-five on the list of the Alabama's
successes. With respect to the cargo of the Parks, there was a plea of
neutrality set up, to which, as the following extracts will show,
Captain Semmes gave the fullest consideration:--
CASE OF THE SHIP JOHN S. PARKS.
Ship under U.S. colours and register. Cargo, white pine lumber, laden on
board at the port of New York. The cargo was shipped by Edward F.
Davidson, who appears, from the statement of the master, to be a large
lumber dealer, and is consigned to Messrs. Zimmerman, Faris, and Co., at
Monte Video, or Buenos Ayres. Annexed to the bill of lading is what
purports to be an affidavit sworn to before "Pierrepont Edwards," who
signs himself as "vice-consul." Above his name are the words, "by the
consul," from which it appears he professes to act for the consul, and
not for himself as "vice-consul."[14] The affiant is Joseph H. Snyder,
who describes himself as of "128, Pearl Street, New York." He states
that the cargo was shipped by Edward F. Davidson, "for and on account of
John Fair and Co., of London, &c." First, as to the _form_ of this
affidavit. A vice-consul is one who acts in place of a consul when the
latter is absent from his post; and when this is the case, he signs
himself as vice-consul, and his acts take effect _proprio vigore_, and
not as the acts of the consul--which this act purports to do. Further,
the Master was unable to verify this document, which, to give it
validity, he should have been able to do--he declaring that he could not
say whether it was a forgery or not. "Although, as has been said, the
ship's papers found on board are proper evidence, yet they are so only
when properly verified; for papers by themselves prove nothing, and are
a mere dead letter if they are not supported by the oaths of persons in
a situation to give them validity." 3rd Phillimore, 394. Further, "Valin
sur l'Ordonnance" says, "Il y a plus, et parceque les pièces en forme
trouvées abord, peuvent encore avoir été concertées en fraude, il a été
ordonné par arrêt de conseil du 26 Octobre, 1692, que les dépositions
contraires des gens de l'équipage prís, prévaudrojent à ces pièces." The
latter authority is express to the point, that papers found on board a
ship are not to be credited, if contradicted by the oath of any of the
crew, and I take it that an inability to verify amounts to the same
thing. For if this had been a _bona fide_ transaction, it was the duty
of the party interested to take the master before the consul to witness
the taking of the deposition, so that he might verify "the paper," if
captured. But why should Mr. Snyder be the party to make this
affidavit? He was not the shipper, but Davidson, a lumber dealer; and
Davidson, who, if he sold the lumber at all, must have known to whom he
sold it, was the proper person to testify to the fact. Further: the
master says that Snyder bought the lumber from Davidson, as he was
informed by his (the master's) brother, who was the owner of the ship.
If so, then Snyder being the owner of the lumber (whether on his own or
foreign account, it matters not) was the real shipper, and not Davidson,
and the proper person to consign it to the consignees, either in his own
name, or in the name of his principal, if he were an agent. But the bill
of lading, and Davidson's letter to the consignees, show that Davidson
was both the shipper and the consignor. The ship was also chartered by
Davidson, and 13,000,000 dollars freight-money paid in advance, for
which Davidson required the owner of the ship to secure him by a policy
of insurance against both marine and _war_ risk--the policy made payable
to him (Davidson) in case of loss. Two questions arise upon that policy:
1st--why, if the property were _bonâ fide_ neutral (the cargo itself was
also insured in London) the war clause should be inserted? and, 2nd--why
Davidson should make the policy payable to himself? If he advanced this
freight money on the credit of the London house, he had no insurable
interest in it; and if the lumber really belonged to the London house,
and was going to their partners or agents at the port of delivery, why
should Davidson pay the freight in advance at all? And if Snyder
purchased the lumber of Davidson, why should Snyder not have made the
advance for his principal instead of Davidson? The conclusion would seem
to be, that Davidson was shipping this lumber on his own account to
agents, in whose hands he had no funds or credit, and as the lumber
might not be sold readily, the ship could not be paid her freight unless
it were paid in advance? Further: the ship had a contingent destination.
She was either to go to Monte Video or Buenos Ayres, as the consignees
might find most advantageous. This looks very much like hunting for a
market. But further still. Although Davidson prepared a formal letter of
consignment to Zimmerman, Faris, and Co., to accompany the consular
certificate, he at the same time writes another letter, in which he
says, "The cargo of John S. Parks I shall have certified to by the
British Consul as the property of British subjects. You will find it a
very good cargo, and should command the highest prices." How is Davidson
interested in the price which this cargo will bring, if it belongs, as
pretended, to the house in London? And if Davidson sold to Snyder, and
Snyder was the agent of the house in London, Davidson should have still
less concern with it. In that same letter in which a general account of
recent lumber shipments is given, the following remarks occur:--"Messrs.
Harbeck and Co. have a new barque, Anne Sherwood, in Portland, for
which they have picked up in small lots a cargo of lumber costing 20,000
dollars. I have tried to make an arrangement for it to go to you (on
account of John Fair and Co., of London?); but they as yet only propose
to do so, you taking half-interest at twenty-five dollars, and freight
at eighteen dollars, payable at yours (port?), which is too much. If I
can arrange it on any fair terms, I will do so for the sake of keeping
up your correspondence with H. and Co."
[Footnote 14: Extract from a letter, captured on the barque Amazonian,
from Mr. Edward F. Davidson to Messrs. Zimmerman, Faris, and Co., of
Monte Video:--
"You will learn from London of the loss of the ship John S. Parks, and
collection there of insurance on her cargo: the freight is insured here,
at the Great Western Company. They have thirty days, after receipt of
the captain's protest, to pay the loss in. Captain Cooper has arrived in
Portland, and gone to his home at Hallowall; and the company require a
copy of the protest made in London, certified by the Consul, which I
have sent for. In the meantime, I have requested the captain to come to
this, and trust not to have to wait receipt of the document from
London."]
This letter would seem to show that Zimmerman, Faris, and Co. are
favourite consignees with Davidson, and that he not only consigns his
own lumber to them (for it must be remembered that he is a lumber
dealer) but endeavours to befriend them by getting them other
consignments. It may be that Davidson in New York, John Fair and Co., in
London, and Zimmerman, Faris, and Co., in Buenos Ayres, are all
connected in this lumber business, and that the trade is attempted to be
covered under the name of the London house; or it may be that Davidson
is the sole owner, or a joint owner with Zimmerman, Faris, and Co. In
either case the property is condemnable, being shipped by the house of
trade in the enemy's country. Ship and cargo condemned.