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Lafayette was captured, Capt. Small produced his British consular certificate and remarked. he supposed that would be sufficient protection. Captain Semmes replied, "The New York people are getting very smart, but it won't save you; it's all a hatched up mess." He then gave orders to burn the ship. It was the case that the property of a large circle of merchants known to Capt. Semmes was respected much more scrupulously than that of strangers. It is obvious that, as 290 merchants were subscrib-ers to build the Alabama, any of their names upon a manifest would be a safe passport. When the news of these depredations reached New York great excitement was created. The insurance companies advanced the war risks. British consular certificates were in demand, and freights were placed in British bottoms rather than American. The New York Chamber of Commerce held a meeting in relation to the matter, on the 21st day of October, and a series of resolutions were adopted.

1862.

Captain C. H. Marshall submitted the following letter from the Secretary of the Navy: NAVY DEPARTMENT, WASHINGTON, SIR: I received your letter of the 14th instant, also your letter of yesterday, referring to it, inquiring, as the chairman of a special committee of the Chamber of Commerce, what measures have been taken to capture the rebel pirate Alabama, and also whether the Government will grant commissions to private vessels, if fitted out under promise of reward by citizens, for that purpose. An earlier reply to the inquiry of the committee has been unavoidably delayed. The depart ment has several vessels in search of the Alabama, in addition to the flying squadron of Acting Rear Admiral Wilkes in the West Indies, and other ships of war on the European coast. Additional force will be despatched in this service as early as practicable. There is no authority for granting commissions to private vessels to search for the Alabama or other piratical vessels or privateers. I am, respectfully, your

obedient servant,

GIDEON WELLES, Secretary of the Navy. C. H. MARSHALL, Esq., Chairman.

The events also produced some excitement in England. The vessels destroyed and threatened were those sailing under the Federal flag. But vessels so sailing have hitherto carried more property of British owners than of any others. And as Capt. Semmes burns vessels and cargoes without distinction, and the cargo is commonly much more valuable than the vessel, the English, as a neutral nation, have hitherto been, probably, the chief sufferers. Time, of course, soon changed this aspect of the case. Vessels under the Federal flag became by so much less eligible for safe conveyance; and, though a corresponding premium of insurance will always cover the war risk, it in this case so enhanced the ordinary charges as to put Federal vessels to a very serious disadvantage in the market of freight; thus affording some compensation to English interests.

An attempt was made to obtain redress from the Confederate Government for British losses in the manner indicated in the following correspondence:

To his Excellency the British Minister, Washington:

PHILADELPHIA, Nov. 7 1862. EXCELLENCY: As a British subject and a shipper overhauled by the Confederate war steamer Alabama, of merchandise upon the ship Tonawanda, lately I beg most respectfully to call your attention to this matter.

The Tonawanda, as you are no doubt aware, was released from capture, and allowed to proceed on her Voyage under a bond of $60,000, as a ransom, and this sum will be rated upon ship and cargo by the average staters, on her arrival in Liverpool.

I respectfully suggest that your Excellency make application to the Government of the Confederate States that consent be given that all sums so rated upon property belonging bona fide to British subjects be remitted, and that the same shall be deducted from amount of said bond of $60,000, with similar proceed. ings in all such cases as may arise.

I have also merchandise on board the ship Lancaster, American, now in this port, and advertised to sail on Tuesday next. To my bills of lading, which the captain takes with him, I have attached the British consul's certificate that the property belongs to British subjects; but, as it is feared that this may not be suffi cient to save from destruction, in the event of capture, I beg that your Excellency will be so good as to furnish me with a letter protesting, as the highest British authority in this country, against the destruction of British merchandise, to be used by the captain of the Lancaster, if necessary. Any cost attending such letter I will gratefully pay, and trust your Excellency will think that I only do right in seeking to protect my friends in England from loss, for whom I have shipped these goods, by appealing thus to our own Government.

It will mitigate the horrors of this war if your Excellency shall succeed in preventing the destruction of ships holding certificates of British property, and it will be but just that British merchants should be exempt from contributing to the ransom of ships and merchandise belonging to belligerents. I cannot but think that your Excellency's protest, which I ask for, will be respected on the seas, and also that the Confederate Government will readily grant the exemption desired.

Your immediate action in these matters will, I feel certain, be satisfactory to yourself, and will be hailed with much gratitude by British merchants everywhere, and meet with the approval of the home Gov

ernment.

I have the honor to be your Excellency's most obedient servant, W. H. TRENWITH. WASHINGTON, Nov. 3, 1868.

W. H. TRENWITH, Esq., Philadelphia:

SIR: I have received your letter of the 7th instant, in which you suggest that I should make an applica tion to the Government of the so-styled Confederate States with reference to the ransom of British property on board American vessels, in consequence of the recent proceedings of the war steamer Alabama; that I should furnish you with a letter of protest, for the purpose of protecting some merchandise which you have shipped on board the American ship Lan

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property is exposed by being shipped in belligerent While greatly regretting the risk to which British vessels, it is not in my power to accede to either of your suggestions.

You are aware that the so-styled Confederate States and for that reason I shall not be justified in entering have not been recognized by her Majesty the Queen, into communication with the Government of those States, except under special instructions from her Maj esty's Government. Neither do I feel at liberty to sup ply you antecedently with the protest which you desire, having no authority to issue such a document, and seeing no reason to believe that it would insure a more effective protection to your goods upon the high seas

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On the 18th of November the Alabama fell in with the steamship Ariel, on her way from New York to Aspinwall. The steamer was bonded and allowed to proceed with her passengers; but the alarm occasioned by her seizure prevented her from bringing back her usual freight of gold. A United States gunboat was sent to bring it. In the mean time, however, it arrived by the next boat of the company. A number of armed vessels were sent out to cruise in the track of the Alabama, without much success. The Vanderbilt sailed from New York for Fayal, December 11. Two other steamers left New York, one from Boston, one from Philadelphia, and one from Portsmouth, N. H. None of these were, however, of sufficient speed. The U. S. frigate Sabine, Com. Cadwalader Ringgold, left New London, November 3, in search of the Alabama. Arrived at the Azores November 28. Sailed thence December 2, and arrived at Cape de Verde December 23, and left there January 2. Absent 100 days, cruising 93 days, and sailed 10,000 miles in vain.

The Alabama meantime, having captured the Ariel on the 18th, arrived on the 26th, two days before the Sabine reached the Azores, at Martinique, where she took in coal from a British bark. The United States steamer San Jacinto, at the same date, was off St. Thomas watching for the Alabama, which on the 30th captured the Parker, Cook, off the Moro Passage. December 5 she captured the Union off Cape Mais, and was off Havana December 31. Thus she does not appear to have left the American coast, while the Vanderbilt and other vessels sent in search were seeking her elsewhere. In some cases the Alabama released her prizes on a ransom bill being signed by the captain, and agreeing to pay a sum of money after the close of the war. By the general law of nations these bills or contracts are recognized as between belligerents, and a captain may by his contract bind his owners, the whole cargo as well as the ship. Those ransoms were forbidden by the English Government under George III, but have never been prohibited by the United States.

The theory of ransom is that it is a repurchase of the actual right of the captors at the time the bill or bond is given, be that what it may; or, more properly, it is a relinquishment of all the interest or benefit which the captors might acquire or consummate in the property by regular adjudication of a prize tribunal, whether it may be in the interest of the ship and cargo, or a lien on the same, or a mere title to expenses. These ransom bills are, by rules of international law, an exception to the general doctrine that no contract with an enemy is valid.

In the case of the ransom bill given by the Ariel, it seems not to be payable till six months after the recognition of the Southern Confederacy. If then, that contingency should happen, what court would have jurisdiction to enforce the agreement? Primarily, all questions of prize belong to the tribunals of the capturing power; and foreign tribunals will not interfere, unless where their territorial rights have been violated. Ransoms belong to the same jurisdiction, and may there be enforced or set aside, as the facts disclose a good or bad prize. It is, however, competent for the captors to change the forum in cases of ransom, and apply for redress in any country where the person of the owner of the Ariel may be found, or the ship itself.

WITH THE "HATTERAS;"
A CORRECT SKETCH OF THE CONFEDERATE STATES STEAMER "ALABAMA'S" HULL, WITH THE POSITION OF THE SHOT HOLES After the FIGHT

ALSO THE POSITION

OF HER ARMAMENT.

AND

WEIGHT

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On the 11th of January, 1863, about 3 P. M., as the Federal squadron, consisting of the steamers Brooklyn, Hatteras, and five others, was cruising off Galveston, a vessel hove in sight at the southeast, which the Hatteras was ordered to proceed to and learn her character. As she came in sight she appeared to the officers of the Hatteras to be endeavoring to escape. Just after dark the officers of the Hatteras could perceive that she was bark rigged, and set a topgallant sail; and, as they approached, found her lying to, under steam. The crew of the Hatteras were at quarters, and Capt. Blake hailed and asked what ship it was. The answer was, "Her Britannic Majesty's ship Spitfire." Capt. Blake replied that he would send a boat aboard. The Alabama ranged a little ahead, her officer declaring that she was the Confederate steamer Alabama, and immediately opened fire on the Hatteras It was returned by the Hatteras, and both started ahead under a full head of steam, exchanging broadsides as fast as they could load and fire,

The heavy guns of the Alabama soon disabled the Hatteras, so that it was impossible to keep her afloat. Two guns were fired to the leeward, the contest ceased, and the officers and crew of the Hatteras, which soon sunk, were taken to Kingston, Jamaica, and paroled.

The following were the principal officers of the Alabama: Captain, Raphael Semmes; First Lieutenant and Executive Officer, J. M. Kell; Second Lieutenant, R. T. Armstrong; Third Lieutenant, J. D. Wilson; Fourth Lieutenant, J. Low; Sailing Master, Arthur St. Clair; Surgeon, F. M. Galt; Assistant Surgeon, R. H. Lewelien; Lieutenant of Marines, B. K. Howell; Engineer, Michael Freeman; Paymaster, C. T. Young (since discharged); Midshipmen, Maffit (son of Capt. Maffit, of the Oreto), St. Clair, Bullock, and Anderson.

The diplomatic correspondence which took place between the Government of the United States and that of Great Britain, relative to these vessels, it may not be out of place here to notice, especially as the subject may at some period be again discussed between the two nations.

On the 18th of February, 1862, Mr. Adams writes to Earl Russell that he had been informed of the preparation at Liverpool of an armed steamer, evidently intended for hostile operations on the ocean. In reply, Earl Russell stated that the commissioners of the customs at Liverpool reported that she was built for certain parties in Liverpool, and intended for the use of Thomas, Brothers, of Palermo, one of whom had frequently visited the vessel during the process of building; that she had taken nothing on board but coal and ballast; that she was not fitted for the reception of guns, nor were the builders aware that she was to be supplied with guns while she remained in England, and the collector at Liverpool stated that he had every reason to believe that the vessel was for the Italian Government-also that special direc

tions had been given to the officers at Liverpool to watch the movements of the vessel. Mr. Adams subsequently writes to Mr. Seward: "The nominal destination of the Oreto to Sicily is the only advantage which appears to have been derived from my attempt to procure the interference of the Government to stop her departure."

On the 25th of March Mr. Adams writes again to Earl Russell, enclosing a letter from the American Consul at Liverpool, stating certain facts relative to the Oreto. Mr. Adams says: "It is with great reluctance that I am driven to the conviction that the representations made to your lordship of the purposes and destination of that vessel were delusive, and that though at first it may have been intended for service in Sicily, yet that such an intention has been long since abandoned in fact, and the pretence has been held up only the better to conceal the true object of the parties engaged. That object is to make war on the United States. All the persons thus far known to be most connected with the undertaking are either directly employed by the insurgents in the United States of America, or residents of Great Britain, notoriously in sympathy with, and giving aid and comfort to them on this side of the water."

On the 8th of April Earl Russell replied to Mr. Adams, enclosing a report from the Lords Commissioners of her Majesty's Treasury, which states that the Oreto was registered on the 3d of March in the name of John Henry Thomas, of Liverpool, as sole owner; that she cleared on the following day for Palermo and Jamaica in ballast, but did not sail until the 22d, having a crew of fifty-two men, all British with the exception of three or four, one of whom was an American. She had no gunpowder, nor even a signal gun, and no colors save Marryatt's code of signals and a British ensign, nor any goods on board excepting the stores enumerated in an accompanying copy of her victualling bill.

On the 15th of April a conference took place between Mr. Adams and Earl Russell. Its close is thus stated by the former:

In the case of the Oreto, upon which I had addressed a note to him, he had directed an investigation to be made and the authorities at Liverpool had reported that there was no ground for doubting the legality of her voyage.

I replied that this was exactly what gave such unpleasant impressions to us in America. The Oreto, by the very paper furnished from the custom-house, was shown to be laden with a hundred and seventy tons of arms, and to have persons called troops on board, destined for Palermo and Jamaica. The very statement of the case was enough to show what was really intended. The fact of her true destination was notorious all over Liverpool. No commercial people esty's officers in declaring ignorance only led to an were blind to it. And the course taken by her Maj inference most unfavorable to all idea of their neutrality in the struggle. It was just such action as this that was making the difficulties of our Governof cotton, which they hoped to furnish in a short time ment in the way of giving the facilities to the supply if the whole control of means to put an end to the contest was left to them.

His lordship concluded by a polite expression of regret at these circumstances, at the same time that he could not see how the Government could change its position.

The assertion of Mr. Adams relative to troops, &c., is not sustained by the copy of the paper from the custom house contained in the diplomatic correspondence. The only part referring to troops and guns is as follows: "Men, 52; passengers or troops, -; guns, ; 178 tons." • Again, on the 26th of June, Mr. Seward writes to Mr. Adams that a gunboat called the Oreto, built in England for the service of the insurgents, with ports and bolts for twenty guns, and other equipments, arrived at Nassau; and that the United States Consul, on the basis of the facts relative to her, made a protest upon the subject and she was seized by the authorities. She was, however, released soon after, on the arrival at Nassau of Capt. Semmes, late of the Sumter, and was about to start on a privateering cruise. This release by the authorities of Nassau, Mr. Seward was instructed by the President to protest against, as it seemed to be particularly at variance with her Majesty's proclamation of neutrality—and to ask the consideration of her Majesty's Government upon the proceeding as one calculated to alarm the Government and people of the United States. The subject was duly brought to the notice of Earl Russell, who, on the 29th of August, replied that the Oreto had been seized at Nassau, and was to be tried before the admiralty court for a breach of the foreign enlistment act. This was accompanied by the statements of the collector, surveyor and inspector of the port of Liverpool, and the affidavit of the pilot, that the vessel, when she went to sea, had no munitions of war in her, that is, guns, carriages, shot, shell, or powder.

No further reference is made to the Oreto in this correspondence, but the 290, or Alabama, is introduced as a more formidable object. On the 23d of June, Mr. Adams writes to Earl Russell, saying: "I am now under the painful necessity of apprising your lordship that a new and still more powerful war steamer is nearly ready for departure from the port of Liverpool on the same errand as the Oreto. This vessel has been built and launched from the dockyard of persons, one of whom is now sitting as a member of the House of Commons, and is fitting out for the especial and manifest object of carrying on hostilities by sea." Accompanying this was a letter from the United States Consul at Liverpool in confirmation of these and other statements.

The subject was immediately referred to the Lords Commissioners of her Majesty's treasury, who, on the 1st of July, report that the fitting out of the vessel had not escaped the notice of the revenue officers, but that as yet nothing had transpired concerning her which had appeared to demand a special report. The vessel was intended for a ship of war, reported to be built for a foreign government, but as yet had

neither guns nor carriages on board, and the builders did not appear disposed to reply to any questions respecting the destination of the vessel after she left Liverpool. Their solicitor, however, reported his opinion that there was not at that time sufficient ground to warrant the detention of the vessel, or any interference by the department. The Consul at Liverpool was then instructed by Mr. Adams to lay his evidence before the Commissioners. At the same time, he called Capt. Craven, in command of the U. S. gunboat Tuscarora, to Southampton. To Capt. Craven was given all the information respecting the objects and destination of the 290 in possession of Mr. Adams, who advised him to take such measures as might in his opinion be effective to intercept her on her way out. Meanwhile evidence was procured of the character and objects of the vessel by the U. S. Consul at Liverpool, which, in the opinion of a Queen's solicitor, was sufficient to justify the collector of the port in seizing the vessel, and laid before the commissioners. While the subject was under their consideration the 290 sailed from Liverpool, without register or clearance. The captain of the Tuscarora was immediately notified by Mr. Adams and he started in pursuit. Earl Russell, in a conference with Mr. Adams, stated that a delay in determining upon the case had most unexpectedly been caused by the sudden development of a malady of the Queen's advocate, Sir John D. Harding, totally incapacitating him for the transaction of business. This had made it necessary to call in other parties, whose opinion had been at last given for the detention of the gunboat, but before the order got to Liverpool the vessel was gone. He should however send directions to have her seized if she went, as was probable, to Nassau.

On the 30th of Sept. Mr. Adams wrote to Earl Russell, relating the injuries done by the 290 or Alabama, saying, "I have strong reasons to believe that still other enterprises of the same kind are in progress in the ports of Great Britain at this time. Indeed they have attained so much notoriety, as to be openly announced in the newspapers of Liverpool and London." Earl Russell, acknowledging the letter, in reply said: "I have to state to you that, much as her Majesty's Government desire to prevent such occurrences, they are unable to go beyond the law, municipal and international.

On the 16th of October Mr. Adams writes home to Mr. Seward that, "It is very manifest that no disposition exists here to apply the powers of the Government to the investigation of the acts complained of, flagrant as they are, or to the prosecution of the offenders. The main object must now be to make a record which may be of use at some future day."

Among the papers laid before Earl Russell by Mr. Adams was an affidavit of a person who sailed from Liverpool in the 290, stating that arms were furnished to her in or near Augra Bay, part of the Azores. To which Earl Russell replies that the transaction does not appear

to have taken place in any part of the United Kingdom, or of her Majesty's dominions, but in part of the Portuguese dominions. No offence, therefore, cognizable by the laws of the country, appears to have been committed by the parties engaged in the transaction. Respecting a statement in a letter of the American consul at Liverpool, that a bark was to take out a cargo of coals, either from Cardiff or Troon,

near Greenock, for the 290, Earl Russell replies that "there would be great difficulty in ascertaining the intention of any parties making such a shipment, and we do not apprehend that our officers would have any power of interfering with it, were the coals cleared outward for some foreign port in compliance with the law.” No further correspondence relative to the 290 and the Oreto took place during 1862.

CHAPTER XXIII.

Guerrillas in Kentucky-Invasion of the State by Gen. E. Kirby Smith-Gen. Buell falls back from Tennessee as Gen Bragg advances toward Kentucky-Movements in Kentucky-Battle at Perryville-Retreat of Gen. Bragg-Cumberland Gap -Invasion of West Virginia-Operations in Mississippi-Battle of Iuka-Battle at Corinth-Retreat of the EnemyExpedition of Gen. Hovey-Gen. Rosecrans takes command in Tennessee-Position of Gen. Bragg's Forces-Battle of Stone River.

EARLY in June the guerrilla operations became troublesome in some of the lower counties of Kentucky. At Madisonville, in Hopkins county, a descent was made by a small body of them at night. The county clerk's office was broken open and the records of the court carried off or destroyed. In other cases horses and other property were taken. Their own friends, equally with Union citizens, were robbed. In Jessamine, Mercer, Boyle, and Garrard counties bridges over the streams were burned. On the 5th of July Lebanon was taken. It is at the termination of the Lebanon branch of the Louisville and Nashville road. About the same time Murfreesborough in Tennessee was captured by a strong guerrilla force under Col. Forrest. Vigorous opposition was however made by the small body of Federal troops stationed there. The 9th Michigan regiment was captured entirely by surprise, with Brig.-Generals Duffield and Crittenden, of Indiana. On the 18th of July an attack was made by Col. John Morgan on a small Federal force stationed at Cynthiana, Ky. Subsequently he was overtaken near Paris by Gen. Green C. Smith and defeated. About the same time Henderson was occupied by citizens of Kentucky and other States, acting the part of guerrillas, and the hospital and other stores carried off. At the same time Newburg, in Indiana, on the Ohio River, was occupied by a band from Kentucky. They soon, however, left. The activity of the bands under Col. Morgan produced a great excitement in the interior of the State. Many towns were visited and much plunder obtained. It had been his conviction that large numbers of the citizens would flock to his standard. In this he was greatly mistaken, and the indifference and hostility of the people, together with the preparations to resist him, checked his movements. Active operations continued in Tennessee, whither Col. Morgan retired. Clarksville was captured with its military stores.

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The increase of guerrilla operations in Kentucky about the 1st of September, with the

manifestations of the existence of a Confederate force, indicated some hostile movements. It was soon known that the Confederate general E. Kirby Smith was approaching from Knoxville in Tennessee. On the 22d of August he left Jacksborough with a train of one hundred and fifty wagons, and passed through Big Creek Gap. So difficult were some parts of the route in Tennessee that for two or three days the rear of the trains was only able to reach at night the point from which the advance started in the morning. Rations failed, and the men were obliged for several days to subsist on green corn. Hungry, thirsty, footsore, and choking with dust, his men marched steadily on to a land of plenty. The ordnance stores were brought safely through without the loss of a wagon. On Saturday, August 30, a battle took place between his forces and a Federal force near Richmond, Ky., in which the latter were defeated. Richmond is the capital of Madison County, situated about fifty miles south-southeast of Frankfort, the capital of the State. The Federal force there consisted of one Ohio regiment and five Indiana regi ments and part of a sixth, two Kentucky regiments, all raw troops, and a squadron of Kentucky cavalry, under the command of Brig.Gens. Mahlon D. Manson and Crufts, with nine field pieces. It made an attack upon this Confederate column under Gen. Smith at Rogersville about four miles from Richmond, and after a severe battle, continuing from six o'clock in the morning until night, it was entirely defeated, with a large number killed and wounded and with the loss of eight field pieces. Gen. Nelson, who had come from Lexington, arrived at the commencement of the retreat, and endeavored to rally the troops, was wounded and obliged to retire. At that time the Legislature of the State was in session, and it met on Sunday evening, and passed resolutions adjourning to Louisville, &c. The archives of the State and about one million of treasure from the banks of Richmond, Lexington, and Frankfort were transferred during the night to Louisville.

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