“The sensation produced among the British merchants, by the different cruises in the European sea, that have been recorded in this chapter, is stated in the diplomatic correspondence of the day to have been greater than that produced in the previous war by the squadron of the celebrated Thurot. Insurance rose to an enormous height, and in speaking of the cruise of Captain Wickes, in particular, Mr. Deane observes in one of his letters to Robert Morris, that it ‘effectually alarmed England, prevented the great fair at Chester, occasioned insurance to rise, and even deterred the English merchants from shipping in English bottoms, at any rate, so that, in a few weeks, forty sail of French ships were loading in the Thames, on freight, an instance never known before.’ In the same letter the Commissioner adds: ‘In a word, Conyngham, by his first and second bold expeditions, is become the terror of all the eastern coasts of England and Scotland, and is more dreaded than Thurot was in the late war.’”
This same Captain Conyngham, afterward, while cruising on the American coast, fell into the hands of the enemy. He had, of course, become odious to the English people, and they had denounced him as a “pirate,” as our Northern people have denounced the writer of these pages. Conyngham was closely confined, and the English admiral, whose fleet was then stationed in the waters of New York, threatened to send him to England for trial. Let us see what steps the American Congress took in behalf of this “rebel pirate,” as soon as it heard of these proceedings. The subject having been brought to its notice, it directed its Secretary, Charles Thompson, to address a letter of remonstrance to the British admiral, threatening retaliation, if he dared to execute his threats. I quote from the journals of Congress:—
“In Congress assembled, July 1799.—A letter of the 17th instant, from Ann Conyngham, and a petition from a number of inhabitants of Philadelphia were read, representing that Captain Gustavus Conyngham, now a prisoner with the enemy, is closely confined, and ordered to be sent to England, and praying that measures may be taken for the security of his person: Ordered, That the same be referred to a committee of three. The members chosen, Mr. Morris, Mr. Dickinson, and Mr. Whipple. The committee to whom were referred the petition, and letter respecting Gustavus Conyngham, brought in a report; whereupon, Resolved, That the following letter from the Secretary of Congress, be written to the admiral, or other commanding officer of the fleet, or ships of his Britannic Majesty, lying in the harbor of New York, viz.:
“‘Sir, I am directed by the Congress of the United States of America to inform you, that they have received evidence that Gustavus Conyngham, a citizen of America, late commander of an armed vessel in the service of the said States, and taken on board of a private armed cutter, hath been treated in a manner contrary to the dictates of humanity, and the practice of Christian, civilized nations. I am ordered, in the name of Congress, to demand that good and sufficient reason be given for this conduct, or that the said Gustavus Conyngham be immediately released from his present rigorous, and ignominious confinement.
“‘With all due respect, I have the honor to be, Sir,
“‘Your most obedient and humble servant.’
“Resolved, That, unless a satisfactory answer be received to the foregoing letter, on or before the 1st day of August next, the Marine Committee do immediately order to be confined, in close and safe custody, so many persons as they may think proper, in order to abide the fate of the said Gustavus Conyngham. Ordered, That the above letter be immediately transmitted to New York, by the Board of War, and that copies of said letter and resolution be delivered to the wife of Conyngham, and the petitioners.
“Monday, Dec. 13th, 1779.—A memorial of Christopher Hale was read, praying to be exchanged, and to have leave to go to New York, upon his parole, for a few days, to procure a person in his room. Resolved, That Mr. Hale be informed, that the prayer of his memorial cannot be granted, until Captain Conyngham is released, as it has been determined that he must abide the fate of that officer.”
Conyngham was afterward released. This is the way in which the ancestors of Mr. Seward, and Mr. Charles Francis Adams, took care of their “rebel pirates.”
There is one other point in the legal history of the Alabama, which it is necessary to notice, and to which I propose to adduce another of those awkward precedents, which I have exhumed from those musty old records, which our Northern brethren seem so thoroughly to have forgotten. It has been charged against the Alabama, that her crew was composed mostly of foreigners, and that this was another reason why she was not entitled to be considered as a Confederate States ship of war. Let us look a little into this charge. A sovereign is not only not obliged to account to other nations, for the manner in which he becomes possessed of his ships of war, as we have seen, but he cannot be questioned as to the nativity or naturalization of the persons serving on board of them. It could have been of no sort of consequence to any foreign officer, demanding to see my commission, whether I was a native of England, Germany, or France, or of any other foreign power. All that he could demand of me, in order to satisfy himself that I was entitled to exercise belligerent rights, was a sight of my commission as a Confederate States naval officer. Nationality is presumed in all such commissions, and the presumption cannot be inquired into. Mr. Justice Story, in the decision quoted a few pages back, says, as the reader will recollect, that the commission of a ship of war imports such “absolute verity,” that it cannot be inquired into, or contradicted. It is like proving a fact by a record. No other proof than the production of the record is required, or indeed permitted. The commission of the commander is the commission of his ship. Neither the Sumter nor the Alabama had any other commission than my own, and the orders assigning me to them. If this be the law with regard to the commander of a ship, a fortiori, must it be the law with reference to the subordinate officers and crew.