Her Majesty’s government having considered this protest, are of opinion
that if the statements made in it be well founded, her Majesty’s
territorial rights have been intentionally violated, and injury
inflicted upon her Majesty’s subjects within her Majesty’s territory by
a cruiser of the United States. Her Majesty’s government have
accordingly directed me to call the attention of the government of the
United States to those statements, and to request that an investigation
may be made respecting them.
I have the honor to be, with the highest consideration, sir, your most
obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.
Protest of the master, mate, and one of the
seamen of the Dart.
Bahama Islands, New
Providence :
Know all men by these presents: That on this 9th day of January, in
the year of our Lord 1864, before me, Bruce Lockhart Burnside, a
notary public, by lawful authority appointed, duly admitted and
sworn, residing and practicing in the city of Nassau, in the island
of New Providence, personally came and a ppeared George H. Pearce,
the master, James Harris, the mate, and William H. Bethel, seaman,
of and belonging to the Bahama wrecking schooner Dart, who, of their
own free will and voluntary accord, did declare, (such declaration
being made in pursuance of the laws of the Bahamas for substituting
a declaration in lieu of an oath in certain cases,) that they sailed
in and on board the Bahama wrecking schooner Dart, in the capacities
above set forth, on Wednesday, the 6th day of this instant, January,
from the bluff in the island of Eleuthera, one of the Bahama
islands, bound on a voyage to the port of Key West, Florida. On
arriving off Egg island, about nine in the morning, these declarants
observed a vessel-of-war in chase of a merchant steamer, the latter
of which approached to within two miles of Egg island, and the
declarants then observed that her deck load, consisting of bales of
cotton, was being thrown overboard. That the said schooner Dart was
then taken through the Egg island cut, and these declarants, with
the rest of the crew, commenced to save the cotton which was
drifting about on soundings, and within a distance of three miles
from the land. That they had succeeded in saving twelve bales of
cotton when the vessel-of-war abandoned the chase and proceeded
towards the Dart, and approached within hailing distance, she having
at the time her licensed wrecking flag flying from the main-topmast
head. That this declarant, the said George H. Pearce, then hailed
the war vessel, and stated that the Dart was a licensed wrecking
vessel; that the cotton was in British waters, and that he
considered he had a right to save it. Two of the crew of the Dart,
James Carry and the declarant, William H. Bethel, were then in one
of the Dart’s boats, and had succeeded in securing a bale of cotton
which they were about to take in, when an officer from the deck of
the war vessel presented a pistol at them and declared that if they
attempted to take it in he would shoot them. A boat was then lowered
from the war vessel, the parties in her drove the wreckers away from
the cotton and took it. The crew of the war vessel in her boats then
proceeded to save the rest of the cotton which was adrift. And these
declarants further declare that the said vessel-of-war had no flag
flying at this time, although when in chase of the merchant ship she
had the American ensign flying. That one of the crew of the Dart
hailed and asked
[Page 594]
what the
name of that vessel was, but no reply was given; an officer from the
deck of the ship threatening to run into the Dart and sink her if
they attempted to cross the bows of the war vessel.
And these declarants lastly declare that the said war vessel was a
side-wheel steamer of between 1,500 and 2,000 tons burden,
brig-rigged, drawing twenty feet forward, with two walking beams
above decks; these declarants believing her to be the United States
vessel-of-war Vanderbilt.
GEORGE H. PEARCE,
JOHN M. HARRIS,
WILLIAM H. BETHEL.
Declared to this 9th day of January, A. D. 1864, before me.
[l.s.]
B. L. BURNSIDE, Notary Public,
Bahamas.
Bahama Islands, New
Providence:
To all to whom these presents shall come: I, Bruce Lockhart Burnside,
a notary public, by lawful authority appointed, duly admitted and
sworn, residing and practicing in the city of Nassau, in the island
of New Providence, do hereby certify the foregoing to be a true copy
of a notarial declaration duly made before me by the parties therein
named, as the same remains of record in my official notarial record
book, page 243 to page 245.
[l. s.]
In faith and testimony whereof, I have hereunto set my hand and
affixed my seal of office, at Nassau, in the island of New
Providence, this 9th day of January, A. D. 1864.
B. L. BURNSIDE, Notary
Public.
