Memoirs of Service Afloat, During the War Between the States

by Raphael Semmes

A case of this kind came under my own actual observation. I was serving as a midshipman on board the old sailing sloop-of-war Erie. We happened in at the Swedish Island of St. Bartholomew, in the West Indies, during the war between Buenos Ayres and Spain. We were on our way from New York to one of the South American ports, to land General William H. Harrison, afterward President of the United States, who had been appointed, by President John Quincy Adams, Minister to Colombia. In St. Bartholomew we found at anchor a Buenos Ayrean cruiser called the Federal. This was a Baltimore-built schooner—Baltimore in those days being famous above all the other American ports, for building fast vessels of this class. Her captain, and all her officers, and a large proportion of her crew, were Americans. This vessel, we ascertained, had boarded an American ship a few days before, and taken from on board of her a portion of her cargo, under the pretence that it was Spanish property. This being in our view a violation of the laws of nations (as whether the property was Spanish or not, we held that “free ships made free goods”), we resolved to commit one of those outrages against neutral rights which have become so common in our day, by seizing the cruiser. Admitting the act of the cruiser to have been wrongful, the argument, so far as her seizure by us was concerned, was all against us, and might have been contained in a “nutshell;” but our captain, if he had ever read any international law, which was exceedingly doubtful, had read it, like Wilkes, wrong end foremost, and “went it blind,” being quite sure of popular applause from the b’hoys at home, and standing in no fear of consequences so far as Buenos Ayres was concerned, as she was so weak that the Great Republic might kick her with impunity.

We first demanded her of the Governor of the island, as a “pirate.” The Governor replied, that she was a commissioned ship, with a de facto government behind her, and that she could not, so long as she retained this character, be guilty of piracy. Further, that if she were a pirate, she was hostis humani generis, and Sweden, within whose waters she was, was as competent to deal with her, as the United States. He ended by informing us, that in whatever category the vessel might be placed, being in neutral jurisdiction, she could not be dealt with forcibly by the captain of the Erie, and notified us, that if we attempted it, he would fire upon us. The Federal was moored under the guns of the fortification which protected the harbor, and the following night, we fitted out a boat expedition, pulled in under cover of the darkness—the night being black and squally—and boarded her, and brought her out; the Governor being as good as his word, and firing upon us, though without effect, as soon as he discovered the movement. This was my first indoctrination in the laws of the sea! and the first occasion on which I ever heard a shot fired in anger. Sweden remonstrated, and the United States apologized, and there the matter ended. I have mentioned the incident to show, that the very cruisers which the Supreme Court of the United States was protecting by its decisions, were nothing more than American vessels, under belligerent flags, holding commissions under de facto governments.

But I have another precedent or two, to which to call the attention of the reader. It is a very useful practice for nations to pause occasionally, and look back upon their own history. It teaches them many lessons, which they would not otherwise learn. It shows them how to avoid inconsistencies, and prevents them from becoming dishonest as circumstances change. But, above all, it teaches them that man is a poor, weak creature, selfish and corrupt, guided by the instincts and inspirations of the moment; and that his reason—that God-like attribute, which distinguishes him from the brute—is so fallible, that he rarely sees a truth, if that truth militate against his supposed interests. It makes all the difference in the world, whether a man’s bull gores his neighbor’s ox, or his neighbor’s bull gores his ox. The Yankee ship-owners and ship-masters cried out, in pain, as the Sumter and Alabama were capturing and destroying their ships, and called both of these cruisers “pirates.” I design now to show how the Yankee ship-owners and ship-masters, of a generation or two back, captured and burned English ships, and took great credit to themselves for their exploits, not dreaming that they were pirates.

The precedents which I design to cite will be drawn from the history of the war of 1776; it will be necessary, therefore to run a brief parallel between that war and the war of 1861, to show that the precedents established in the former are applicable to the circumstances of the latter. To lay aside, entirely, the question of the right of the Southern States to secede, and to put the war between the States on no higher ground than that between the Colonies and Great Britain, which was a mere rebellion, the following parallel appears:—The original thirteen Colonies, when they formed a part of the British Government, declared their independence of that Government. The Confederate States did the same against the United States. Great Britain made war upon the Colonies in consequence of this declaration; so did the United States against the Confederate States. The Colonies claimed and exercised the rights of war. So did the Confederate States. The Colonies, in the exercise of these rights, destroyed much of the commerce of Great Britain. So did the Confederate States, with regard to the United States. Both the Colonies and the Confederate States were de facto governments, when this property was destroyed. Now, it can obviously make no difference that the Colonies achieved their independence, and that the Confederate States failed to achieve theirs. If what the Colonies did was right, when they did it—that is to say, when they were still a de facto government—what the Confederate States did must have been right for the same reason. The acknowledgment of the independence of the Colonies by the parent country, whilst it had the effect to make them so many nations of the earth, could add nothing to any rights they before possessed, as belligerents, for they did not derive these rights from their status de jure, but from their status de facto; nor did they derive them from Great Britain, but from the laws of nations. It follows, that if nothing could be added to these rights by the successful termination of the war, so nothing could be taken away from them, by its unsuccessful termination. The parallel thus appears perfect, in every particular, so far as belligerent rights are concerned, and, of course, it is only of these rights that we are now speaking.

With this introduction I proceed to produce the precedents. Mr. James Fenimore Cooper, the Naval Historian of the United States, is the author whom I shall quote, and his authority will certainly not be disputed north of the Potomac. One of the earliest cruises of the war of 1776, was made by Captain, afterward Commodore, John Paul Jones. This gentleman, in command of a vessel called the Providence, in the summer of 1776, made a foray among the British fishermen, on the Banks of Newfoundland, taking no less than twelve sail, and returning to Newport, in Rhode Island, at the end of his cruise, having made sixteen prizes in all. The Alabama never flew at such small game as this. Although she cruised, as the reader will see a little further on, for some time off these same Banks of Newfoundland, she never deprived a Yankee fisherman of his “catch of cod.”

Jones commanded a regular ship of war, but it was the privateers that were the most numerous and destructive. With reference to this class of vessels, the historian tells us that “Most of the Colonies had their respective cruisers at sea or on their own coasts, and the ocean literally began to swarm with privateers from all parts of the country, though New England took the lead in that species of warfare. Robert Morris, in one of his official letters, of a date later than that precise time, remarks that the passion for privateering was so strong in this particular part of the country, that even agriculture was abandoned in order to pursue it.”

In another place, the historian tells us, that “As soon as the struggle commenced in earnest, the habits of the people, their aptitude for sea-service, and the advantages of both a public and private nature, that were to be obtained from successful cruising, induced thousands to turn their longing eyes to an element that promised so many flattering results. Nothing but the caution of Congress, which body was indisposed at first to act as if general warfare, instead of a redress of grievances, was its object, prevented a rushing toward the private cruisers, that would probably have given the commerce of England a heavier and more sudden blow than it had ever yet received. But a different policy was pursued, and the orders to capture, first issued, were confined to vessels bringing stores and supplies to the British forces in America. It was as late as November, 1775, before Massachusetts, the colony which was the seat of war, and which may be said to have taken the lead in the revolt, established Courts of Admiralty, and enacted laws for the encouragement of nautical enterprise.”

The reader observes, from the above passage, from the historian, how “circumstances alter cases.” The “nautical enterprise” here spoken of, is the same kind of nautical enterprise which has been charged, by virtuous Massachusetts, whose people were in such haste to grow rich by privateering, against the Alabama, as “piracy.” The rush was not, it seems, to the ships of war of the regular navy, to fight the battles of the country, but to the privateers, which promised so many “flattering results.” It took a little time to warm the Congress and the people up to their work, but when they were once fairly warmed, they took their jackets off and went at it with a will, as is the wont of us Americans.

Let us dip a little further into Mr. Cooper, and see what more, these staid New Englanders, who now have such a horror of “piracy,” did. “The proceedings in Congress,” he continues, “in reference to assailing British commerce, as has been seen, were reserved and cautious. War not being regularly declared, and accommodation far from hopeless, the year 1775 was suffered to pass away, without granting letters of marque and reprisal, for it was the interest of the nation to preserve as many friends in England as possible. As the breach widened, this forbearing policy was abandoned, and the summer of 1776 let loose the nautical enterprise of the country upon British commerce. The effect was at first astounding. Never before had England found an enemy so destructive to her trade, and during the first two years of privateering that followed, something like eight hundred sail of merchantmen were captured. After this period, the efforts of the Americans necessarily lessened, while the precautions of the enemy increased. Still these enterprises proved destructive to the end of the war; and it is a proof of the efficiency of this class of cruisers to the last, that small privateers constantly sailed out of the English ports, with a view to make money by recapturing their own vessels; the trade of America at this time, offering but few inducements to such undertakings.

“Among the vessels employed [the historian tells us there were several hundred of them], the Halker, the Black Prince, the Pickering, the Wild Cat, the Vengeance, the Marlborough, in addition to those elsewhere named, were very conspicuous. The Marlborough is said to have made twenty-eight prizes in one cruise. Other vessels were scarcely less fortunate. Many sharp actions occurred, and quite as often to the advantage of the cruisers, as to that of the enemy. In repeated instances they escaped from British ships of war, under favorable circumstances, and there is no question that in a few cases they captured them. * * * The English West India trade, in particular, suffered largely by the private warfare of the day. Two and fifty sail, engaged in this branch of the commerce, are stated to have been captured as early as February, 1777. The whole number of captures made by the Americans in this contest, is not probably known, but six hundred and fifty prizes are said to have been gotten into port. Many others were ransomed, and some were destroyed at sea. There can be no minute accuracy in these statements, but the injury done to the commerce of Great Britain was enormous, and there can be no doubt, that the constant hazards it ran, had a direct influence in obtaining the acknowledgment of the independence of the United States of America, which great event took place on the 20th of January, 1783.”