Letter

RAWSON, Governor to J. Hume Burnley, December 15, 1864

Governor Rawson to Mr. Burnley

Sir: I take the earliest opportunity of informing you that on the 13th instant the British steamer Mary, formerly the Alexandra ram, was seized in this port by my orders, for a vio-ation of the 7th clause of the foreign enlistment act.

Before my arrival here on the 9th instant, the United States consul had called the attention of this government to the existence of guns and munitions of war on board of this vessel, which had lately reached this harbor. A search was made, and nothing was found but a 12-pounder gun, and a case supposed to contain shell. Upon this, the lieutenant governor, acting upon the advice of the attorney general, informed the consul that there was not sufficient ground for detaining the vessel, after this gun and case were landed, which their agents professed their willingness to do.

The consul had at first supposed this search to have been a seizure, and he was much disappointed at this last communication, and protested urgently against it. The attorney general saw him personally, and was not satisfied with the proofs offered, and finally he was informed that the government could not proceed upon conflicting communications made to him by persons who could not be produced in court to support a prosecution. This was the state of the case when I arrived.

I mention what occurred with the consul, in order that you may be cognizant of it, in the event of the American government adverting to it in any communication which it may make to you.

Upon examining the correspondence, and making inquiry of the officer who searched the vessel, I found that there were suspicious facts bearing upon the case which did not appear in the papers, and that certain packages which were shipped at Bermuda had not been opened, ñor were their contents known. I therefore directed that they should be landed and opened. The result is shown in enclosure No. 1, which, among other things, proved the continued connexion of the Mary with the Mr. Hamilton, an officer of the Confederate States, whose name was brought forward by the attorney general on the occasion of the trial in England, as one of the proofs against the parties who owned the Alexandra.

Upon the discovery of this further evidence, and receiving the opinion of the attorney general, I ordered the vessel to be seized, and she is now in charge of the customs, moored opposite the ordnance wharf for protection. The attorney general will commence legal proceedings without delay, and I have received a letter from the United States consul thanking me for my proceedings in this case.

I am, &c,. &c.

RAWSON A. RAWSON, Governor.

J. Hume Burnley, Esq., &c., &c., &c.

Sources
FRUS u2014 Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth C View original source ↗
U.S. Department of State, Office of the Historian. Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth C.