Fred’k Elliott to By command of his excellency the, January 28, 1864

Mr. Elliot to Mr. Hammond.—(Received January 30.)

Sir: I have laid before the Duke of Newcastle your letter of the 21st instant, relative, to the capture at Angra Pequena, on the coast of Africa, of the British vessel Saxon, by the United States steamer Vanderbilt, and I am directed by his grace to transmit to you, for the information of Earl Russell, a copy of a despatch from the governor of the Cape of Good Hope, containing the particulars which you state in your letter are required by the law officers of the Crown.

The Duke of Newcastle never heard until this time of the act by which Sir George Grey assumed to annex various small islands off the same part of the coast of Africa as the island of Ichaboe, and, so far as at present advised, his grace is not disposed to confirm the measure. As far as can be judged from the best map in this office, the islands by no means answer to Sir George Grey’s description of “a cluster of small islands or rocks adjacent to” Ichaboe, but are situated at various distances from that island, one of them being at least fifty miles off.

I am, &c.,

[Enclosure 2 in No. 11.]

Proclamation.

Proclamation by his Excellency Sir George Grey, Knight Commander of the Most Honorable Order of the Bath, Governor and Commander-in-Chief of her Majesty’s colony of the Cape of Good Hope in South Africa, and of the territories and dependencies thereof, and vice-admiral of the same, and her Majesty’s high commissioner, &c., &c., &c.

Whereas the island of Ichaboe was, on the 21st day of June last past, taken possession of for and in the name of her Britannic Majesty Queen Victoria, and declared a dependency of the Cape of Good Hope: And whereas it is expedient that, subject to the pleasure of her Majesty in that behalf, her dominion shall also be declared over a cluster of small islands or rocks adjacent to the said island of Ichaboe: Now, therefore, I do hereby proclaim, declare, and make known, that the sovereignty and dominion of her said Britannic Majesty, Queen Victoria, shall be, and the same are hereby declared over the following islands or rocks adjacent to Ichaboe—that is to say, Hollamsbird, Mercury, Long island, Seal island, Penguin island, Halifax, Possession, Albatross rock, Pomona, Plumpudding and Roast Beef, or Sinclair’s island. This proclamation of her Majesty’s sovereignty and dominion to take effect forthwith, but to be subject to her Majesty’s gracious confirmation and disallowance. God save the Queen.

Given under the public seal of the settlement of the Cape of Good Hope, this 12th day of August, 1861.

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Augustus Knight, sailor, states: Yesterday afternoon I met Gabriel Antonia, a seaman on board the Ellesmere, who told me, in course of conversation, that he had leave ashore from Saturday to Monday; that when he left on Saturday there were five seamen and the cook still on board, and that when he returned on Monday morning they were all gone; ho told me that the captain had informed him that he had put the men on board the Alabama; I know the three missing crew, one named Jackson, a shipmate with me in the Waldensian; he is an elderly man, and was cast ashore here at the wreck of the A. H. Stevens; Jim Grey, another, also on board the Waldensian since I left; and another, Jackson, formerly of the Wave Spirit.

Mark of AUGUSTUS + KNIGHT.

Witness:

J. W. H. Russourr.

Before me,

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Louisa Johnson states: My husband was a seaman on board the bark Ellesmere; he signed the articles of the ship at the shipping office on or about the 1st of this month at wages of £2 10s. per month, and went on board; I saw him last on Tuesday, the 11th. Yesterday a man named Augustus Knight came to me and informed me that a sailor from the vessel had told him my husband had gone away—left the ship at midnight and gone to sea. Yesterday afternoon I went to the captain to ask him about the truth of this story, when he told me not to fret about it, that my husband was gone to another ship, where he would have £5 a month, and he would get so rich that when he came back I might live like a lady; he afterwards told me my husband deserted, and that if I came back again he would give me a letter from my husband.

Mark of LOUISA + JOHNSON.

Witness:

J. H. H. Russourr.

Before me,

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Gabriel Antonia states: I am an ordinary seaman on board the Ellesmere, now lying in Table bay. My child died last week, and I obtained three days’ leave to come on shore. I returned on Monday morning, when I found that all the chaps had gone. I saw a countryman of mine here, named John Franks, and asked him what had become of the chaps. He replied that he did not know; but he afterwards told me they had gone to a ship on the leeward side—he thought it was the Alabama and that they were to have £4 a month. Before this I had seen the mate, and he said to one, “You have missed a fine chance, here the chaps have gone away and got £6 a month;” but John Franks said that only the cook was to have £6 a month. They did not tell me what ship they had engaged in, but they told me that the men had gone away in a boat, in the middle of the night, on Saturday. Their things have all been taken away from the ship. John Franks told me he thought they had gone to the Sea Bride, the Alabama’s prize, outside.

Mark of GABRIEL + ANTONIA.

Witness:

W. H. Scott.

Before me,

[Untitled]

William Henry Scott, Boat Office, Water Police, states: At three o’clock in the afternoon of yesterday, (Tuesday, August 18,) I received a list of the names of the seamen who had shipped on board the bark Ellesmere, from the shipping master, with instructions to proceed on board to ascertain the number and names of seamen then on board, which I ascertained to be as follows: Richard Harper, mate; Gabriel Antonia, seaman; John Franks, seaman; Wallace Bamouth, laborer. The latter, who I found to be one of the late crew of the Sea Bride, had only been engaged the previous day. I then questioned the mate as to the whereabouts of the remainder of the crew, who replied that they had deserted on Saturday night. Their names, viz: Manuel Pereiro, Henry Gregory, Thomas Grianes, Lewis Jackson, Daniel Johnson. I have searched the vessel to-day, and find that all these men’s effects have been removed. I had never received notice, as is usual, of any of these men having deserted.

W. H. SCOTT.

Witness: J. A. B. Flack.

Before me,

[Enclosure 9 in No. 11.]

General power of attorney.

Know all men whom it may concern, that I, the undersigned, Mary Jane Gray, widow of the late James Gray, of Cape Town, do hereby ordain, nominate and appoint William Patrick Sampson and William Byron Sampson, trading under the style or firm of W. Sampson & Son, to be my true and lawful attorneys and agents, with full power and authority, for me and in my name, and for my account and benefit, to ask, demand, sue for, and recover, of and from all person or persons whomsoever, all such sum or sums of money which now are, or shall or may, at any time hereafter, become due, owing, payable, or belonging to me, upon and by virtue of any notes, bonds, bills, book-debts, deeds, or other securities whatsoever; also, for me and in my name, to settle and adjust accounts, as they shall think fit and proper, and, if necessary, to compound for the same and accept a part of the whole; also, to submit any matters in dispute to arbitration, and to sign, seal, and deliver the necessary acts for that purpose; also, to let or hire out houses, to collect and receive rents, and grant receipts for the same, and, in default of pavement or delivery, to use and take all lawful ways and means for the recovery thereof, by attachment, ejectment, or otherwise; also, if necessary, for me and in my name, to commence, prosecute, or defend any action or actions, suit or suits, at law or in equity, in any of the courts of this settlement, and the same at pleasure to relinquish; also, to draw, accept, or indorse bills of exchange, or promissory notes, in satisfaction or on account of any debt or claim due or payable to or by me; and further, to buy and sell immovable or landed property; to make, sign, give, and receive, in due and customary form, all acts or deeds of transfer of such landed property; also, to appear at the office of the collector of tithes and transfer dues, and then and there, in my stead, to take and subscribe the necessary oath as to the truth of the purchase amount; further, for me and on my behalf, to take or give money on mortgage of immovable property, and to appear before the registrar of deeds, and make, pass, give, or receive all such mortgage bonds, or other securities, as may be requisite or necessary, under obligation of my person and property of every description; and also, in my name, to enter into securities of what nature or kind soever; and, generally, for me and in my name, to choose domicilium citandi et executandi; to manage and transact all my affairs in this colony, and perform all such acts, matters, and things; to make, sign, seal, and deliver all such deeds or instruments as may be necessary or most for my advantage, and use all lawful means or ways thereto, as fully and effectually, to all intents and purposes, as I might or could do if personally present and acting herein; hereby granting to my said attorneys and agents full power and authority to substitute or appoint one or more attorney or attorneys under them, and the same at pleasure to displace or remove, and appoint another or others; hereby ratifying, allowing and confirming, and promising at all times to ratify, allow, and confirm, all and whatsoever my said attorneys, their substitute or substitutes, shall lawfully do, or cause to be done, in or about the premises, by virtue of these presents.

In witness whereof, I have hereunto set my hand and seal, at Cape Town, this 26th day of November, in the year of our Lord 1863.

[Enclosure 10 in No. 11.]

Register.

I, the undersigned registrar of the port of Cape Town, hereby certify that the Saxon (215–69 tons)—official number, 37,024—port number, 1—was on the 9th day of February, 1863, duly registered at this port, in the name of William James Anderson.

Given under my hand, at Cape Town, Cape of Good Hope, this 15th day of December, 1863.

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William Murray, sworn, states: I was an able seaman on board of the bark Saxon when she was seized by the Vanderbilt. I recollect the boat coming alongside with two officers, the junior of whom was Mr. Donaghan. I saw the officer go with the master in the cabin and return with the ship’s papers in his hand. He looked down the hatches and said, Wool and hides; that is enough;” and he left our vessel, leaving Mr. Donaghan in charge, with orders that the anchor should not be weighed. About an hour afterwards, another boat arrived from the Vanderbilt; there were two or three boats came on the second occasion with armed crews. The men and officers, after getting on board, ordered us forward. Shortly afterwards, a whale boat came from the shore for provisions; the captain referred them to the officer in charge, who at first consented, but afterwards declined allowing the men to have the provisions, some of the men saying “that the sons of bitches are removing the food in the vessel, and to stop them;” and afterwards, that they were pirates and Alabama people, and that we had better be shot at once. They appealed to the master again, and said it was hard to let them go without food for the night, and the master ordered it to be thrown into the boat, and if the officer prevented them, he could not help it. The officer in charge then came forward to the master and said, (after laying his hand on his shoulder,) “You are giving too many orders here, and you had better go below, or I will send you where the dogs can’t bark at you.” The captain then went below, and the mate was, at this time, standing with us at the gangway, and shortly after followed him into the cabin, but was intercepted by the officer (Mr. Donaghan) saying, “Go forward; you are all pirates.” The mate made no resistance at all, nor did he speak, and the officer then pushed him on the shoulder, saying, “Go down or I will shoot you,” pointing a revolver at him and shooting him at once dead. The mate lived for a few minutes after he was shot, but did not speak. I was standing within two yards of the deceased at the time, and saw what took place. The captain rushed from the cabin on hearing the report of the pistol, and seeing what had occurred, he called us aft, but were prevented by the men of the Vanderbilt; one or two of us, however, were afterwards allowed to go, of whom I was one; and I saw the same officer who had shot Mr. Gray, standing over him with his revolver cocked and pointed at him, and exclaiming, “There is an Alabama man;” and, referring to the boat leaving for the shore, he said, “Let us go ashore, and do for the bloody lot of them.” After this, leaning over Mr. Gray, I said to the officer Donaghan, “Life is gone;” when he replied, (pointing at my face his pistol,) “No, it is not.” He was very excited and insolent, but afterwards he said “He was sorry for Mr. Gray, but he should have obeyed orders.” We were driven below that night, and told “If we came upon deck that night without hailing the sentry, we should be shot.” On the Sunday morning we were put on shore, and were allowed to take nothing else but a little bread and water, besides our kit. The day after our vessel was seized, the Vanderbilt took from Penguin island some coal that was there on the shore.

[Enclosure 14 in No. 11.]

Affidavits.

Be it hereby made known that on this, the sixteenth day of December, one thousand eight hundred and sixty-three, before me, William Edward Moore, of Cape Town, Cape of Good Hope, notary public by the authority of government, duly sworn and admitted, personally appeared Mary Jane Gray, widow of the late James Gray, late chief mate of the vessel called the Saxon, and did then and there, in my presence, sign and attest the affidavit hereto annexed, marked A.

An act whereof being requested, I have granted these presents under my notarial form and seal of office, to serve and avail as occasion may require.

Thus done at Cape Town aforesaid, the day, month, and year afore-written.

(Quod Attestor.)

A.

Mary Jane Gray, widow of the late James Gray, late chief mate of the vessel called the Saxon, maketh oath and saith that there is issue of her marriage with the said James Gray, lawfully begotten, the following children, named Alexander Gray, aged six years; Helen Gray, aged four and one-half years; Thomas James Gray, aged two and one-half years; Matilda Jane Gray, aged one month and six days, still surviving.

Sworn, at Cape Town, the 16th day of December, 1863.

MARY JANE GRAY.

Before me,