He with the utmost affability was equally ready to afford me any information required, at the same time informing me I should find "everything correct." The vessel I found was the Martaban of Maulmain, Captain Pike, from Maulmain to Singapore, rice laden. I then requested to see the ship's papers, which request was readily granted. Accordingly the register, clearance bills of lading, and crew list, were speedily produced and examined, not omitting the Master's certificate. These but corroborated what I previously knew. Putting a few questions to the Captain, and comparing his answers with the papers, I learned the following facts—viz., that the barque was American built, that she had been upwards of five months in Maulmain; that she had been transferred on the 10th December, after the cargo was in, and on the day in which she cleared, and only one day previous to her sailing; that the captain had no certificate or bill of sale, nor, in fact, any papers respecting the transfer on board; that he, the Captain, was an American, and had commanded the barque previous to her transfer.
Taking the register up again and closely scrutinizing it, I observed what had previously escaped my attention—viz., that the register, which is a printed form, with spaces for written insertions, had been first written with a lead pencil, and over that with ink. No professional registrar or shipmaster would, I felt certain, have so prepared it. Looking again at the crew list I made another discovery, that all the names of the crew were written in one handwriting, from the mate to the boys. Now I well knew that some of the crew, and especially the mates, would be able to write, and of the mate's ability to use a pen I speedily satisfied myself by making him produce his logbook, wherein his name, &c., was written; or, if unable to write, the usual X, his mark, would have been affixed to each name. I had now no doubt about the papers, believing them to be false. I then requested the Master to take his papers and go on board the Alabama, which, however, he positively refused to do, unless forcibly compelled; stating that "this was an affair that flag (pointing to the English colours flying at his peak) wouldn't stand." He still persisting in his refusal to go on board our ship, I took possession of his vessel, pending Captain Semmes' decision.
Finding that the Mountain wouldn't come to Mahomet, Mahomet went to the Mountain; for, after calling a man out of my boat and stationing him at the wheel, I dispatched the boat back to the Alabama with a report of the irregularity of the papers, and a request for further instructions. To my surprise, Captain Semmes came himself and stopped at the gangway, and told the Captain he had come to examine the ship's papers. Captain Pike signifying his assent, we went into the cabin, and the papers being produced, I pointed out some of the discrepancies and acts previously mentioned.
Captain Semmes then sharply interrogated Pike, insisting upon additional documents to prove the legality of the transfer. None being forthcoming, Captain Semmes put some questions, as only a lawyer can (Captain Semmes not only having studied, but practised law), the answers to which only convinced Captain Semmes that what he had suspected was true—viz., that the ship was sailing under false colours, and was to all intents and purposes an American vessel.
Captain Pike of course protested, to which Captain Semmes replied by ordering the destruction of the vessel. Captain Semmes returning to the Alabama, I ordered the English flag to be hauled down, and directed the Mates and crew to pack their luggage, and hold themselves in readiness to go on board our ship. The First Lieutenant coming off, our boats got off a few stores, and the prisoners were transferred to the Alabama.
By 5.20 had applied the torch, and regained our ship 5.30. The steamer Kwang-Tung was observed near our burning prize. We then shaped our course for Malacca, intending to land our prisoners there.
About 7.30 the same evening, Mr. Smith, captain's clerk, and self had the boatswain and a seaman down in the steerage; and putting them on oath obtained the following additional particulars—viz., that they shipped on board the Martaban at Hong Kong and Singapore respectively; that she was then an American vessel, and called the Texan Star, of Galveston or Boston (she having had two American registers); that she left Maulmain as the Texan Star, and on leaving there hoisted American colours; that the name Martaban, of Maulmain, was painted by the captain's nephew two days after leaving that port; that the English flag was hoisted for the first time when the Alabama hove in sight this day; and that no articles were signed by them at Maulmain; nor, indeed, was any agreement made by the crew to serve in a British vessel, all hands, in fact, believing her to be American. The Mate having also made a few admissions, they and the preceding depositions were shown to Captain Semmes, who, after sending for Captain Pike, put the following questions to him—viz.:
What is your name?—Samuel B. Pike.
Where were you born?—At Newbury Port, Massachusetts.
Are you a naturalized citizen of any foreign government?—I am not.