The Cruise of the Alabama and the Sumter / From the Private Journals and Other Papers of Commander R. Semmes, C.S.N., and Other Officers

by Raphael Semmes

CHAPTER XXV.

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.