Bombardment at Bombardment at Fort Pickens, which, all | batteries Lincoln, Cameron and Totten, principally the long summer, had frown- on the batteries adjacent to the Navy Yard, those of ed defiance at the half Battery Scott to Fort McRae and the lighthouse batcircle of Confederate batteries environing it, teries, and those of the fort to all. We reduced very finally opened its guns on the morning of perceptibly the fire of Barrancas, entirely silenced that in the Navy Yard, and in one or two of the Nov. 22d, with the intent of punishing the other batteries the efficiency of our fire, at the close rebels for their night attack on Wilson's of the day, not being the least impaired." Camp [see page 357] and for other indignities offered to the American flag. The steam frigate Niagara and the Richmond participated, with instructions to draw the fire of Fort McRae and two batteries which enfiladed Pickens' parapet guns. During the entire day of the 224, the bombardment was terrific -the entire line of the Confederate batteries and forts answering with the greatest fury, but with little or no damage to the fort or fleet. Colonel Harvey Brown, in command of the fort and out-lying batteries, had so well banked up the walls of Pickens with sand bags as to render the enemy's shot almost harmless. The Colonel thus chronicled his first day's work: November 22d, the bombardment continued, with great effect, though the two ships, owing to the fall of the tide, had to withdraw beyond working range. Pickens, however, did the work quite well enough. Fort McRae was silent; hence, all the strength of the heavy guns was spent upon the Navy Yard, Fort Barrancas and the intervening batteries. The Colonel's report stated: "About three o'clock fire was communicated to one of the houses in Warrington, and shortly afterwards to the church steeple, the church and the whole village being immediately in rear of some of the rebel batteries, they apparently having placed them purposely directly in front of the largest and most valuable buildings. The fire rapidly commu. nicated to other buildings along the street until probably two-thirds of it was consumed; and about "Having invited Flag Officer McKean to co-operate with me in attacking the rebels, and to which he gave a ready and cordial assent, I, on the mornthe same time fire was discovered issuing from the ing of the 22d, opened my batteries on the enemy, back part of the Navy Yard, probably in Wolcott, a to which, in the course of half an hour, he respond- village to the north and immediately adjoining the ed from his numerous forts and batteries extending yard, as Warrington does on the west. Finally it from the Navy Yard to Fort McRae, a distance of penetrated to the yard, and as it continued to burn about four miles, the whole nearly equi-distant brightly all night i concluded that either in it or in from the fort, and on which line he has two forts-Wolcott, many buildings were destroyed. Very McRae and Barrancas--and fourteen separate bat-heavy damage was also done to the buildings of the teries, containing from one to four guns, many of them being ten-inch columbiads and some twelve and thirteen-inch sea coast mortars, the distance varying from two thousand one hundred to two thousand nine hundred yards from this fort. At the same time of my opening, Flag Officer McKeen, in the Niagara, and Captain Ellison, in the Richmond, took position as near to Fort McRae as the depth of water would permit, but which unfortunately was not yard by the avalanche of shot, shell and splinters showered unceasingly on them for two days, and being nearly fireproof, built of brick and covered with slate, I could not succeed in firing them, my hot shot nor shells having no power of igniting them." The destruction of the town and Navy Yard was quite complete; while the lesson taught the enemy in dismantling their supposed-tosufficiently deep to give full effect to their powerful be impregnable works, served to convince batteries. They, however, kept up a spirited fire on the fort and adjacent batteries during the whole day. My fire was incessant from the time of opening until it was too dark to see, at the rate of a shot for each gun every fifteen or twenty minutes, the tire of the enemy being somewhat slower. By noon the guns of Fort McRae were all silenced but one, and three hours before sunset this fort and the adjoining battery ceased fire. I directed the guns of the Confederate Government of the folly of keeping up their guard over Pickens. Lieutenant Slemmer's watchfulness and bravery had saved the fortress at the only moment when it could have been seized: after its reenforcement [see pages 57-67-110] it passed forever from Confederate reach so long as loyal men manned its guns. Importance of the rights, the right of seizure on the high seas and the responsibilities of nations to nations by maritime usage, law and treaty. Its story ever will possess an intrinsic interest from its novel and exciting circumstances; while the questions involved must render it a precedent to which all future authorities will refer for law and international rights. We shall give it, therefore, such consideration as its importance deserves. The Rebel Mission. The steamer The ambassa PERHAPS no event of the whence the ambassadors war created a sensation so with their retinues, proprofound as that caused ceeded overland to Havana. by the arrest of the rebel commissioners, was received with great honors on her arrival Messrs. Mason and Slidell. This act at once at the Cuban capital. A public reception opened the whole question of belligerent | was given her at the Tacon theatre and a Confederate flag presented. dors were waited upon, on their arrival, by H. B. M. consul, Mr. Crawford, in full dress, and by him were introduced to the Captain General. They remained in Havana but a brief period, awaiting the departure of the English mail steamer Trent, which was to sail Nov. 7th, for St. Thomas, where they were to take passage for Europe. Captain Charles Wilkes, of the U. S. steam sloop of war, San Jacinto, being at Cienfuegos, on the southern side of Cuba, on his return from a long cruise off the coast of Africa, heard of the presence of the rebel ministers. He at once resolved to cut off the return of the Theodora as well as to sieze the ambassaIn his report he gave dors on the high seas. to the Secretary of the Navy his reasons for seizure, and his authority therefor. Acting as he did without precedent or direct orders, he had to study the peculiar case in all its bearings, fruitful as he knew it must be of excitement and of "notes" between the Governments, of the United States and Great Britain. He stated his procedure as follows: To forward the cause of The Rebel Mission. the Confederate Government at the Courts of Great Britain and France, Jefferson Davis commissioned James M. Mason of Virginia and John Slidell of These Louisiana as special ambassadors. persons sailed for Cardenas, Cuba, in the steamer Theodora, which passed out of Charleston harbor on the night of October 12th, safely eluding the blockade. The fleet steamer Nashville passed out the previous night, to draw off any watchful cruiser which might be hovering around—it having been given out by the Confederate press that the Commissioners were to sail in her. [The Nashville arrived at Southampton, England. November 21st, with a valuable cargo of cotton. On the 19th she met and burned the American ship Harvey Birch-throwing her crew in irons, but releasing them on English soil. She disposed of her cargo and refitted at her leisure in Southampton. Her case is referred to in the foot note, page 356.] The Theodora reached Cardenas in safety, from 46 When I heard at Cienfue Captain Wilkes. His Statement of the gos, on the south side of Cuba, Havana, and would depart in the English steamer His Statement of the Captain Wilkes' State, ment of the Case. the Government of the United States, and they were therefore not to be considered as having any claim to the immunities attached to the character they thought fit to assume. Sir Wm. Scott and other Judges | Ministers to France and Engof the Admiralty Court of land, but inasmuch as they had Great Britain, which bore upon not been received by either of the rights of neutrals and their responsibilities. these Powers, I did not conceive they had immunity "The Governments of Great Britain, France and attached to their persons; and were but escaped Spain having issued proclamations that the Confede-conspirators plotting and contriving to overthrow rate States were viewed, considered and treated as belligerents, and knowing that the ports of Great Britain, France, Spain and Holland, in the West Indies, were open to their vessels, and that they were admitted to all the courtesies and protection vessels of the United States received, every aid and attention being given them, proved clearly that they acted upon this view and decision, and brought them within the international law of search and under the responsibilities, I therefore felt no hesitation in boarding and searching all vessels of whatever nation, I fell in with, and have done so. "As respects the steamer in which they embarked, I ascertained in the Havana that she was a merchant vessel plying between Vera Cruz, the Havana and St. Thomas, carrying the mail by contract. "The agent of the vessel, the son of the British Consul at Havana, was well aware of the character of these persons, that they engaged their passage and did embark in the vessel; his father had visited them, and introduced them as Ministers of the Confederate States, on their way to England and France. The question arose in my mind whether I had the right to capture the persons of these Commissioners whether they were amenable to capture. "They went in the steamer with the knowledge There was no doubt I had the right to capture ves- and consent of the captain, who endeavored aftersels with written dispatches; they are expressly wards to conceal them by refusing to exhibit the referred to in all authorities, subjecting the vessel passenger list and the papers of the vessel. There to seizure and condemnation if the captain of the can be no doubt he knew they were carrying highly vessel had the knowledge of their being on board. important despatches, and were endowed with inBut these gentlemen were not dispatches in the structions inimical to the United States. This renliteral sense, and did not seem to come under that dered his vessel (a neutral) a good prize, and I dedesignation, and nowhere could I find a case in termined to take possession of her; and, as I menpoint. tioned in my report, send her to Key West for ad"That they were Commissioners I had ample judication, where I am well satisfied she would have proof from their own avowal, and bent on mischiev-been condemned for carrying these persons, and for ous and traitorous errands against our country-to resisting to be searched; the cargo was also liable, overthrow its institutions and enter into treaties and as all the shippers were knowing to the embarka alliances with foreign States, expressly forbidden tion of these live despatches, and their traitorous by the Constitution. motives and actions to the Union of the United States. 66 They had been presented to the Captain General of Cuba by her British Majesty's Consul General, but the Captain General told me he had not received them in that capacity, but as distinguished gentlemen and strangers. "I then considered them as the embodiment of despatches, and as they had openly declared themselves as charged with all authority from the Confederate Government, to form treaties and alliances tending to the establishment of their independence, I became satisfied that their mission was adverse and criminal to the Union, and it therefore became my duty to arrest their progress and capture them, if they had no passports or papers from the Federal Government, as provided for under the law of nations, viz: That foreign ministers of a belligerent on board of neutral ships are required to possess papers from the other belligerent to permit them to pass free.' "I forbore to seize her, however, in consequence of my being so reduced in officers and crew, and the derangement it would cause innocent persons, there being a large number of passengers, who would have been put to great loss and inconvenience as well as disappointment from the interruption it would have caused them in not being able to join the steamer from St. Thomas for Europe. I, therefnre, concluded to sacrifice the interests of my offi cers and crew in the prize, and suffered the steamer to proceed after the necessary detention to effect the transfer of these Commissioners, considering I had obtained the important end I had in view, and which affected the interests of our country, and interrupted the action of that of the Confederates. "I would add that the conduct of her Britannic Majesty's subjects, both official and others, showed but little regard or obedience to her proclamation, Report and assumption gave them the title of ay aiding and abetting the views and endeavoring THE MASON AND SLIDELL CASE. 399 44 under the circumstances. "I may add that, having assumed the responsibility, I am willing to abide the result." Arrival of the Excitement in to conceal the persons of the Commissioners. I have for "the law," and paraded pointed out sufficient reasons to show you that my the result in extracts from action in this case was derived from a firm convic- Vattel, Puffendorf, Chitty, tion that it became my duty to make these parties Wheaton, Kent, Martens, Sir William Scott, prisoners, and to bring them to the United States. D'Hautefeuille. It was apparent, from the Although in my giving up this valuable prize I. have deprived the officers and crew of a well earned quotations given from these eminent writers, reward, I am assured they are quite content to fore-that "the law" substantially covered the jusgo any advantage which might have accrued to them tice of the seizure; but, despite all that, those familiar with the spirit of British diplomacy knew that no law or precedent would be allowed to cover the case. The most eminent The first news of the ac- jurists in the country volunteered opinions— tion of Captain Wilkes was all confirmatory of the popular view; yet, given to the public by the beneath all the assurances given, there was arrival of the San Jacinto at Fortress Monroe, an under-current of doubt and apprehension November 15th, having the ambassadors and which, as the days rolled away, became paintheir secretaries on board as prisoners. Cap- ful. That the people in their hearts approvtain Wilkes cruised up along the coast, hop-ed Wilkes' action was evident from the coning to arrive in season to participate in the gratulatory strains of the press and from pubDupont-Sherman expedition. In this he was lic receptions tendered him. Even the Secdisappointed the blow having fallen on retary of the Navy acknowledged his services Port Royal at the moment when the look-outs in a flattering letter endorsing his course and on the San Jacinto's mast head were eyeing confirming his procedure. the old Babama channel off the light house Paredon del Grande, for the English steamer. The prisoners were permitted to look in upon the captured port, and into Charleston on their way north. Having dispatched Captain Taylor as bearer of dispatches to Washington, Captain Wilkes steamed away to New York, where he arrived (off Sandy Hook) November 18th. Dispatches awaited him, directing that the prisoners be delivered to Colonel Dimmick, at Fort Warren, in Boston harbor. Thither they were taken, under the special charge of U. S. Marshal Murray, of New York, who accompanied the ship in the trip to Boston. The prisoners were delivered to the Fort Warren warden, November 24th, and were placed, at once, in strict confinement in excellent quarters. Intense Feeling in The reception of the news in England caused the most marked sensation, in public and private circles. From persons of low and high degree the act was condemned. Almost to a man the English people demanded satisfaction. The friends of the Union were, for the moment, appalled at the storm of invective and threat which met them everywhere from Edinburg to Marseilles. General Scott, at that time, was in the French capital, designing to remain in the South of Europe during the winter. His presence was opportune, for he alone of all Americans abroad could command a hearing in that tempestuous atmosphere. He at once wrote a letter to the Paris press, through the American consulate, giving assurances that the seizure was not ordered from Washington nor premeditated by the Cabinet, and expressed the firm conviction that all would es throughout the country. The popular be well between Great Britain and his Govvoice enthusiastically approved of Wilkes' proceedings, but the thinking few saw in it cause for serious apprehension. A British mail steamer had been rifled on the high seaswould not Great Britain resent the outrage? Journalists flew to long neglected legal tomes Excitement in The news of this arrest produced the most intense excitement among all class ernment. He reviewed the act as it was presented through British channels, and very ably argued the case in extenuation of the seizure, leaving the two Cabinets to dispose of it in an amicable and satisfactory manner. The old chief comprehended the subject with General Scott's Paris great clearness, and indi- | in treaty or in law, viz: the cated the grounds-after- abrogation of the right* of wards assumed by Mr. Sew- maritime seizure and search. ard-upon which the settlement would rest. We may quote: "If, under these circumstances, England should deem it her duty, in the interest of civilization, to insist upon the restoration of the men taken from under the protection of her flag, it will be from a conviction, without doubt, that the law of nations in regard to the rights of neutrals, which she has taken a leading part in establishing, requires revision, and with a suitable disposition on her part to establish those rights upon a just, humane and philosophic basis. Indeed, I am happy to see an intimation in one of the leading metropolitan journals which goes far to justify this inference. Referring to the decisions of the English Admiralty Courts now quoted in defense of the seizure of the American rebels on board the Trent, the London Times of the 28th of Novemcer says: "So far as the authorities go, the testimony of internanational law writers is all one way, that a belligerent war ** But it must Gencral Scott's Paris | to. Warlike Attitude of 1 Troops at once were ordered to Canada. Several ocean steamers were taken iron monsters, Warrior and Black Prince, were as transports. The then celebrated floating put in readiness for immediate service. Other naval preparations were made, indicating England's readiness to enforce her views with all her available guns. The Queen issued proclamations, December 4th, prohibiting export or coast wise commerce in arms, ammunition, military stores and lead. Arsenals and military rendezvous were alive with activity, and the recruiting offices did a cruiser has the right to stop and visit and search any mer- thriving business. Every outward appearance seemed to indicate war upon a scale to task the best energies of the kingdom. Eu chant ship upon the high seas. ** be remembered that these decisions were given under circumstances very different from those which now occur. ing letters wherein all the nations of the world have immediate interests, were unknown. We were fighting for exist ence, and we did in those days what we should neither do nor allow others to do, nor expect ourselves to be allowed to do in these days.' Steamers in those days did not exist, and mail vessels carry-rope looked on in alarm; and, as the weeks of December slowly floated by, the anxiety became even more painful than that felt in the United States. The eagerness of the English people to fly to arms seemed to demonstrate how wide-spread was the feeling of antagonism to this country; yet, after all, it indicated less the hostility to this country than a purpose to defend the British flag and British honor. The secessionists in Europe, however, put the worst construction on affairs, and loudly rejoiced at the prospect of the Federal Government's collision with a great naval power. "If England, as we are here encouraged to hope, is disposed to do her part in stripping war of half its horrors by accepting the policy long and persistently urged upon her by our Government, and commended by every principle of justice and humanity, she will find no ground, in the visit of the Trent, for controversy with our Government. I am sure the President and people of the United States would be but too happy to let these men go free, unnatural and unpardonable as their offenses have been, if by it they could emancipate the commerce of the world. Greatly as it would be to our disadvantage at this present crisis to surrender any of those maritime privileges of belligerents which, sanctioned by the laws of nations, I feel that I take no responsibility in saying that the United States will be faithful to her traditional policy upon this subject, and to the spirit of her political institutions." Here, it will be perceived, is indicated the line of argument pursued by the Federal Secretary of State, wherein he forced the British Government to an acknowledgement of the principle for which we fought the war of 1812–14, but which had never been conceded Arrival of the De mand. The Queen's messenger arrived in Washington December 19th, with instructions and dispatches for Lord Lyons. The messenger of our Minister at the Court of St. James, Mr. Adams, arrived the next day. Excitement grew feverish, and the denoument was looked for every hour. The United States Senate went into Executive Session *The Treaty of Paris (1856) covered this princi ple and received the endorsement of the English Government; but, as the United States had not signed the Treaty, as far as this country was con cerned England had made no concessions. |