Wodehouse to the Duke of Newcastle, December 18, 1863

Sir P. Wodehouse to the Duke of Newcastle.

My Lord Duke: By my despatch of the 20th ultimo I reported to your grace that news had been received here of certain acts said to have been done by the United States war steamer Vanderbilt, on the coast to the northward of this colony, of which, at the time, I was unable to furnish any particulars; but I believe I am now in a position to transmit such information as will enable her Majesty’s government to determine what course it will be expedient for them to pursue.

It will be seen that the Vanderbilt, on her arrival at Angra Pequena, a small bay on the west coast of Africa, beyond the limits of this colony, found lying at anchor a vessel named the Saxon, the property of a mercantile firm in Cape Town, of which she immediately took possession, on the plea that she was laden with the cargo of the Tuscaloosa, a federal merchant ship which had been taken by the Alabama and converted into a privateer. That the Vanderbilt then proceeded to take possession of a quantity of coals belonging to the owners of the Saxon, which had been deposited on Penguin island, a small island in the bay of Angra Pequena; that she has sent the Saxon, with her cargo, in charge of a prize crew for the adjudication of a court of competent jurisdiction in the United States; and that before the departure of the Saxon her chief officer was shot by one of the officers of the Vanderbilt.

There are, therefore, three separate transactions on which it becomes necessary for me to furnish information, viz: the seizure of the ship, the appropriation of the coals, and the death of the mate.

An impression generally prevailed there that Penguin island, near which the Saxon was anchored, was British territory, and that, consequently, the seizure of that vessel in such a locality was a direct infringement of British rights. But upon inquiry I have discovered that such is not the case. On the 13th April, 1861, your grace communicated to my predecessor that her Majesty’s government had decided on the annexation to the Cape colony of the island of Ichaboe, which was duly carried out. Subsequently, some merchants of this town, interested in the guano trade, brought under the notice of Sir George Grey the case of certain small islands adjacent to Ichaboe; and the result was that, on the 12th August, 1861, he published a proclamation for bringing under the dominion of her Majesty Penguin island, and ten others, “subject to her Majesty’s gracious confirmation and disallowance.” Immediately after this had been done, Sir George Grey sailed for New Zealand; and there is no record of the proclamation having been reported to your grace, or of the annexation having been confirmed by her Majesty. Upon the score of territorial rights, therefore, as arising out of the vicinity of this island, I conceive no objection can be taken to the acts of the Vanderbilt. In other respects the capture of the Saxon may fairly be left to the adjudication of a court of law. One of the owners of the ship has admitted to me without reserve that the cargo on board at the time of the seizure was a part of that landed from the Tuscaloosa, and was intended to be conveyed to a market as the property of, and on account of, Captain Semmes, of the Alabama.

The same gentleman informed me he had been in communication with the United States consul respecting the appropriation of the coals; and he had little doubt that officer would obtain authority of his government to pay for them. The consul has since expressed himself to the same effect to me.

The death of the mate of the Saxon involves considerations of a far more serious nature. The depositions taken by the acting attorney general go to show that when the crew of the Saxon were entirely without arms, and apparently without either the means or the wish to offer any resistance to their captors, this unfortunate man was, on little or no provocation, shot dead by one of the officers in command. Whether the act was the result of wanton ferocity, or whether it was perpetrated under the influence of unfounded apprehension, it seems hard to say. But it is very satisfactory to find, from the evidence of the master of the Saxon, that the captain of the Vanderbilt was much displeased at what had occurred, and had at once placed the officer under arrest. I cannot but hope that under such circumstances the government of the United States will be prepared cheerfully to grant such reparation as her Majesty’s government may consider the case to require; and I beg to recommend to your grace’s most favorable consideration an application which has been made to me by Messrs. W. Sampson and Son, as the agents of the widow of the deceased James Gray.

I have, &c.,