_An insult to the Yankee flag--Fine weather--The Anna F. Schmidt--"What
ship's that?"--The Express--A supply of bread--Saldanha Bay--Visitors
from the country--A funeral--The Tuscaloosa's prize--The capture off
Cape Town--The Sea Bride won--Ship crowded--Sympathy_.
_Sunday, June 28th._--At 4.30 this evening brought-to a heavy ship with
a blank cartridge; or rather she seemed to come-to of her own accord, as
she was evidently outsailing us, and was, when we fired, at very long
range. Soon after heaving-to she burned a blue light, and whilst our
boat, with a light in it, was pulling towards her, she burned another.
She afterwards said she would not have hove-to but that she thought we
might be in distress. The boarding officer reported us as the United
States ship Dacotah, and demanded to see the ship's papers, which were
refused, the Master stating that we had no right to see his papers. The
boarding officer having been informed of her name (the Vernon), and that
she was from Melbourne, for London, and being satisfied, from
observation, that she was really an English ship, she being one of the
well-known frigate-built Melbourne packets, returned on board, and the
ship filled away; and she was already at considerable distance from us
when I received the boarding officer's report. Under all these
circumstances, I did not chase him afresh to enforce my belligerent
right of search. _Cui bono_, the vessel being really English? Although,
indeed, the resistance to search by a neutral is good cause of capture,
I could only capture to destroy; and I would not burn an English ship
(being satisfied of her nationality) if the Master persisted to the law
in not showing his papers. Nor did I feel that the Confederate States
flag had any insult to revenge, as the insult, if any, was intended for
the Yankee flag. Most probably, however, the ship being a packet-ship,
and a mail-packet, the Master erred from ignorance.
Lat. 26.35, long. 32.59.30, current S.E. thirty miles; ship rolling and
tumbling about, to my great discomfort. The fact is, I am getting too
old to relish the rough usage of the sea. Youth sometimes loves to be
rocked by the gale, but when we have passed the middle stage of life, we
love quiet and repose.
_Tuesday, June 30th._--The bad weather of the past week seems at length
to have blown itself out; and this morning we have the genial sunshine
again, and a clear, bracing atmosphere. With a solitary exception, the
Cape pigeons, true to their natures, have departed. There is still some
roughness of the sea left, however, and the ship is rolling and creaking
her bulk-heads, as usual. Wind moderate from about East.
Another prize on the 2nd of July, the Anna, F. Schmidt, of Maine, from
Boston for San Francisco; and another cautious Yankee transformed into
an Englishman; and then came a large ship flying before the wind, with
all sail set to her royals, and answering the Alabama's challenge with a
gun from her own bow port.
A man-of-war this, from her fashion of replying, even had the fact not
been sufficiently apparent from the cut of her heavy yards and lofty
spars. An enemy, perhaps! And wild with the hope of a fight, though it
be with an enemy not much less than double her size, away flies the
Alabama, at top speed of sail and steam, in chase. The sea was smooth,
though with a strong breeze; and ere long the saucy little cruiser
ranged up alongside of the fine frigate, with ten black muzzles grinning
through his ports on either side.
"This is the Confederate States ship Alabama!" rang out from the
quarter-deck, as the two ships flew through the water, side by
side:--"What ship's that?"
But there was to be no fight that day. The chase contented herself with
the laconic reply, "Her Britannic Majesty's ship Diomede;" and went
tearing along upon her course under the tremendous press of canvas,
beneath which her spars were bending like a whip, and was soon out of
sight, evidently bound on some errand that would not brook delay.
Some small compensation for this disappointment was found two days
afterwards in the capture of the fine ship Express, of Boston, from
Callao for Antwerp, loaded with guano, the particulars of which are
recorded as follows:--
CASE OF THE SHIP EXPRESS.
Ship under United States colours and register; cargo guano, shipped by
Senan, Valdeavellano and Co., at Callao, and consigned to J. Sescau and
Co., at Antwerp. On the back of this bill of lading is the following
endorsement: "Nous soussignés chargé d'affaires et consul général de
France à Lima, certifions que la chargement de mille soixante douze de
register de Huano spécifié au présent connaissement, est propriété
neutre."
Fait à Lima, le 27 Janvier, 1863.
(Signed and impressed with the Consular seal.)
This certificate fails to be of any value as proof, for two reasons:
first, it is not sworn to; and secondly, it simply avers the property to
be neutral (the greater part of it, for it does not touch the guano in
sacks), instead of pointing out the owner or owners. A Consul may
authenticate evidence by his seal, but when he departs from the usual
functions of a Consul, and becomes a witness, he must give his testimony
under oath, like other witnesses. This certificate, therefore, does not
even amount to an _ex parte_ affidavit. If the property had been in the
shipper's or consignee's name, it would have been quite as easy to say
so as to put the certificate in its present shape. Why, then, was the
simple declaration that the property was neutral made use of?--the law
with which every Consul, and more especially a chargé d'affaires, is
supposed to be acquainted with, declaring them to be insufficient? The
conclusion from these two facts--viz., that there was no oath taken, and
that there was no owner named--seemed to be that the Consul gave a sort
of matter-of-course certificate, upon the application of some one who
declared the property to be neutral, perhaps with a knowledge to the
fact, or contrary to the fact, neither party taking any oath. Now, the
presumption of law being, that goods found in an enemy's ship belong to
the enemy, unless a distinct neutral character be given to them, by
pointing out the _real owner_, by proper documentary proof, as neither
the bill of lading nor the certificate, which is a mere statement of a
fact, like the bill of lading, not under oath, nor the Master's
testimony, who knows nothing (see his deposition) except as he has been
told by the shipper, amounts to proper documentary proof, the ship and
cargo are both condemned. It must be admitted that this is a case in
which, perhaps, a prize court would grant "further proof;" but as I
cannot do this, and as a distinct neutral character is not impressed
upon the property by former evidence, I must act under the presumption
of law. Sect. 3rd, Phillimore, 596. The charter-party in this case
describes the charterers, J. Sescau and Co., of Antwerp, as agents of
the supreme Peruvian Government. But if so, why was it not certificated
by the government, as was done in the case of the Washington, captured
and released on bond by this ship? And then the master swears that _the
shippers told him_ that the cargo belonged to them; and if the Peruvian
Government must resort to a French official for a certificate, why not,
then, on oath made before him? and why did he not state the fact that it
so belonged, which would have protected it?
* * * * *
The Alabama was now again heading for the Cape, the Anna Schmidt having
yielded a supply of bread sufficient, with strict economy, to last out
the passage. There she arrived on the 29th July, anchoring in Saldanha
Bay, at about 1.45 P.M.
_Thursday, July 30th._--Last night the sky and atmosphere were
singularly brilliant. Landed this morning at eight, to get sight for my
chronometers, this being the first time that I ever set foot on the
Continent of Africa. Saldanha is a gloomy, desert-looking place, the
shore comprised of sand and rock, without trees, but with green patches
here and there. There are three or four farm-houses in sight, scattered
over the hills. The farmers here are mostly graziers. The cattle are
fine and good; a great number of goats graze on the hills, and
sheep-raising is extensive, the mutton being particularly fine. Small
deer are abundant. We had a venison steak for breakfast. The little
islands in the bay abound in rabbits, and there is good
pheasant-shooting in the valleys. Already a party of officers has gone
out to stretch their limbs, and enjoy the luxury of shooting.
_July 31st._--Took a stroll on shore, and walked round some fine
oat-fields. The soil resembles our hummock land in Florida, and produces
finely. Engaged caulking, painting, &c. An abundance of wild-flowers in
bloom. Huge blocks of granite lie about the sand, and from the tops of
projections, &c.
_Saturday, Aug. 1st._--I returned on board, after a stroll on shore, at
2 P.M. During my walk I met some farmers in a four-horse waggon coming
to see the ship. They brought me a wild peacock--not quite so large as
our wild turkey. It was without the gorgeous plumage of the domestic
bird. The schooner Atlas came in this afternoon, with letters for me
from some merchants at Cape Town, offering their services to supply me
with coal, &c., and expressing their good-will, &c., &c. I took occasion
by this vessel, which returned immediately, to write to the Governor,
Sir Philip B. Wodehouse, informing him of my presence here.
_Sunday, Aug. 2nd._--The inhabitants say that this winter has been
remarkable for its general good weather, and for the few gales they have
had. Crowds of country people, from far and near, came on board to look
at the ship to-day.
_Monday, Aug. 3rd._--Another crowd of visitors to-day, who came in their
country waggons and on horseback. They all speak Dutch, and it is rare
to find one among them who speaks English. Although it is nearly half a
century since England took final possession of the colony, the English
language has made but little progress, the children being taught by a
Dutch schoolmaster, and the papers being, many of them, printed in
Dutch. There was an intelligent young _boer_ (about twenty-three) among
them, who had never been on board a ship before. He was quite excited by
the novelty of everything he saw. Some of the female visitors were
plump, ruddy, Dutch girls, whose large rough hands, and awkward bows and
curtsies, showed them to be honest lasses from the neighboring farms,
accustomed to milking the cows and churning the butter. I found the
geranium growing wild in my rambles to-day. Just as we were going to
sun-down quarters, a boat came alongside with the body of Third
Assistant-engineer Cummings, who accidentally shot himself with his gun.
_Tuesday, Aug. 4th._--In the afternoon, at three, the funeral procession
started from shore with the body of the deceased engineer. He was taken
to a private cemetery about a mile and a half distant, and interred with
the honours due to his grade, the First Lieutenant reading the funeral
service. This is the first burial we have had from the ship.
_Wednesday, Aug. 5th._--At 6 A.M. got up the anchor, and getting under
way, steamed out of the bay and shaped our course for Cape Town. At 9.30
descried a sail a point on the starboard bow, and at 10.30 came up with
and sent a boat on board of the Confederate barque Tuscaloosa, and
brought Lieutenant Lowe on board. He reported having captured, on the
31st July the American ship Santee, from the eastward, laden with rice,
certificated as British property, and bound for Falmouth. He released
her on ransom for 150,000 dollars. I directed Lieutenant Lowe to proceed
to Simons Bay for supplies. Steamed in for the town. At 12.30 made a
barque, two points on starboard bow; gave chase, and at about 2 P.M.
came up with and hove the chase, she having up United States colours.
This was a close pursuit, as the barque was not more than five or six
miles from the shore when we came up with her. The Master might have
saved himself if he had stood directly in for the land; but we ran down
upon him under English colours, and he had no suspicion of our character
until it was too late. The United States consul at once protested
against our violation of British waters (!). The Governor telegraphed to
the Admiral (Walker), at Simon's Bay, to send a man-of-war round; and
about 10 P.M. her Majesty's steamship Valorous, Captain Forsyth, came in
and anchored. Some correspondence has passed between the Governor and
myself on the subject of the capture, and I believe he is satisfied as
to distance, &c. Put a prize crew on board the prize (Sea Bride), and
directed her to stand off and on until further orders. The moment our
anchor was dropped we were crowded with visitors.
_Thursday, Aug. 6th._--Notwithstanding the bad weather, the ship has
been crowded with visitors all the morning, and my cabin has been
constantly filled with people pressing to shake hands with me, and to
express sympathy for my cause. During the night we had some thunder and
lightning, first from the S.E., and then from the N.W.; and the wind
springing up, very gently at first, freshened to a gale by morning, with
showers of rain and hail. Communicated with the prize, and directed the
Prizemaster, in case he should be blown off by a gale, to rendezvous at
Saldanha Bay by the fifteenth of the month. Captain Forsyth, of the
Valorous, came on board. Returned his visit.
_Friday, Aug. 7th._--I should have been under way for Simons Bay this
morning but for the gale. The wind is blowing very fresh from northward
and westward, with dense clouds climbing up and over the Table, Lion's
head, &c.--presenting a very fine spectacle, with the rough waters, the
ships with struck upper yards, and the town half enveloped with flying
mists, &c. The bold watermen in all the gale are cruising about the bay
under reefed sails, some of them with anchors and cables, ready to
assist any ships that may require it. Last night, in the first watch, a
sail was reported to be on the shore near the lighthouse and firing
signal guns. Very soon we saw two or three boats put out to her
assistance. In the morning we heard that it was a Brazilian brig, and
that the crew was saved. The brig is fast breaking up in the gale.