NIBBS BROWN, Police Magistrate, Abaco to C. R. Nesbitt, November 15, 1862

Mr. Brown to Mr. Nesbitt.

Sir: With reference to the communication which I had the honor to address to you on the 11th instant, forwarding the statement in writing made before me on the 10th instant by Mr. John Roberts, an inhabitant of this island, relating to the capture of a schooner in these waters, on the 5th instant, by one of the United States vessels-of-war, I beg leave further to state, for the information of his excellency, the governor, that the said statement had been substantially verified by the admission of Commander Collins, of the United States steam war ship Octorora, which vessel, accompanied by the Sonoma, Commander Stevens, another United States vessel-of-war, steamed up along the northern coast of Great Abaco, in the forenoon of yesterday, and came to in this roadstead.

Both vessels having hoisted the national flag on approaching this port, I caused the British ensign to be hoisted on the government flag-staff, and proceeded alongside the Octorora, and accompanied by Mr. Joseph Saunders, the collector of revenue at this port; and we were politely invited on board, and conducted into the cabin of the commander.

I informed him that the object of my visit was to learn the cause of their having called here, as I conceived it could only be justified by circumstances of distress. He stated that he had not been induced to do so by positive distress, as he only required a few articles of provisions for the use of the officers, but that he was desirous of proceeding through the cays in order to inspect the condition of the United States war ship Adirondack, lately wrecked off Man-of-war cay. I represented to him the dismantled state of that vessel, and informed him that the remains of the hulk and materials had been sold at Nassau, and were now the property of a merchant there. He thanked me for the information.

I mentioned to him the nature of the report made to me by Mr. Roberts, regarding the capture of a schooner within our waters by a vessel similar to the Octorora. He frankly admitted the fact of the capture of the Octorora, and stated the schooner to be the Elias Reed, of eighty-four tons burden, from Georgia, laden with turpentine and other articles, and that she had been sent to Key West for adjudication. He, however, questioned the statement as to the capture having been made in the Bahama waters, and observed that he did not conceive that their war vessels were restricted from traversing the several extensive banks of the Bahamas, and capturing thereon any vessels found in nefarious traffic, as regards the blockade. I informed him that that was a broad question which I was not prepared to discuss, but that the capture of vessels within these cays, as was the case in respect to the schooner Elias Reed, was obviously illegal, and in violation of the instructions of his government, as expressed in a letter addressed by Mr. Secretary Seward to Mr. Secretary Welles, and which I placed before him, as copied in the Nassau Guardian newspapers of the 22d ultimo. He read the letter with evident emotion, but stated that he did not take the same view as myself with regard to the limits of our coast, and that if I were correct he had wrongly interpreted the law.

I expressed my conviction that the marine league must be properly computed from the northern shore of the respective cays, running from Sandy cay up to the Elbow, (or Little Guave cay,) and that the schooner in question had been captured in the white water, within Albert cay, and contiguous to the northern shore of Little Abaco. He expressed his regret, if I were right in my view, declaring it to be very remote from his wish or intention to contravene any law or perform any act offensive to my government.

I inquired of him whether the small schooner Trici, belonging to these islands, had not been captured in the Bahama waters. He replied, certainly not; but on the coast of Florida. He stated that if the presence of two ships in the roadstead was deemed improper, that they would leave forthwith. I expressed my apprehension that it was contrary to the injunction contained in a proclamation issued by the governor in conformity with the Queen instructions, but that I would inform him positively, on reference thereto, as soon as I returned on shore, as I did not happen to have a copy with me. He said he had intended to call on me on shore, and if there was no objection to his landing he would do so, and wait upon me. I invited him to do so and he followed me on shore, accompanied by Commander Stevens, and proceeded directly to my residence, where I placed a printed copy of the proclamation into his hand, and called his attention to the first item, or paragraph which contains my instructions. On reading it he arose and declared his intention to leave immediately. I informed him that they were at liberty to purchase any fruit or vegetables that they might require, and which they did in about half an hour, and left the roadstead, proceeding eastward along the northern shore of Great Abaco, passing between the cays “No-name” and Whale cays.

The weather became somewhat boisterous, the wind blowing steadily from the northeast. The Sonoma returned shortly after, and anchored in the roadstead a short distance from this shore. The Octorora anchored in the vicinity of Great Guano cay, and returned to this port this morning at 9 a.m. Both vessels shortly after weighed anchor, and have proceeded again eastward, smokelessly steaming in the smooth water along the Great Abaco shore.

The conduct of both the commanders was particularly mild and courteous, and their presence among us would, under different circumstances, have been very agreeable.

Considering it desirable that his excellency the governor should be informed promptly of the foregoing facts, I have employed the small schooner Mary Rankin to convey this communication to yourself.

I have, &c.,