[37] *Manifest and freight list of American ship Brilliant, Captain George Hagar, from New York for London.

(Signed)

New York, September 10, 1832.

FUNCH, MEINKE & WENDT, (for AXEL GODECKE.)

[38]

Ship Brilliant.-Statement of facts.

Ship sailed from New York September 13, 1862, bound to London, loaded with flour, grain, &c.

The freight, valued at $18,000, was insured in the Atlantic Mutual Insurance Company, of New York. On the 3d day of October the Brilliant was captured by the steamer Alabama, Semmes, captain, and burned. The Alabama, while pursuing the Brilliant, carried the confederate flag.

The owners of the freight, on payment of the subscription under the policy assigned and set over all claims of loss of freight to the insurance company.

Claim.

The Atlantic Mutual Insurance Company claim that the English government should make good to them the damage they have sustained as per above; for that in violation of international law, they being neutral, have permitted the Alabama to be built and equipped in their ports for one belligerent to be used in cruising against the commerce of another.

Agreement.

These presents, made and concluded the 22d day of October, 1862, between J. Atkins & Co., of the first part, and the Atlantic Mutual Insurance Company, of the second part:

Whereas, by a certain special policy of insurance, No. 5574, bearing date September 13, 1862, the said party of the second part became the assurers of the said party of the first part, upon the freight, the good ship called the Brilliant, whereof was master,

New York to London;

And whereas detriment and loss having occurred to the said insured property by reason of some of the perils in the said policy mentioned or described, the said party of the first part hath ceded and abandoned to the said party of the second part the said insured property, and all the right, title, interest, claim, and demand of the

said party of the first part, of, in, and to the same. And whereas the said party of the second part have accepted the said cession and abandonment, and have, therefore, paid to the said party of the first part the sum of $18,000 in full satisfaction of the sum by the said policy insured, and of all things in the said policy contained, on the part of the said company to be performed: Now, therefore, this indenture witnesseth, that the said party of the first part, in consideration of the said sum of $18,000, so as aforesaid paid to by the said party of the second part, the receipt whereof is hereby acknowledged, hath bargained, sold, assigned, transferred, ceded, abandoned, and set over, and by these presents doth bargain, sell, assign, transfer, cede, abandon, and set over unto the said party of the second part, and their successors and assigns, the aforesaid freight, and all the right, title, interest, trust, claim, and demand of the said party of the first part, therein and thereto.

To have and to hold, recover, receive, and take the same freight unto the said party of the second part to the only proper use and benefit of the said party of the second part and their successors, of and from all actions and suits, and causes of actions and suits, promises, agreements, losses, damages, charges, expenses, costs, claims, and demands whatsoever, both at law and in equity, by reason or in virtue of the policy of insurance herein above mentioned. And the better to enable the said party of the second part to recover and receive the hereby assigned and ceded premises, the said party of the first part hath made, ordained, constituted, and appointed, and by these presents doth make, ordain, constitute, and appoint the said party of the second part, and their successors, the attorneys irrevocable of the said party of the first part, in the name of the said party of the first part, but to and for the proper use and benefit of the said party of the second part, and their successors and assigns, by all lawful ways and means to ask, demand, sue for, and recover and receive the said freight, and all moneys thence arising; and all damages of and concerning the same, of and from all and every king, prince, potentate, state, person or persons whatsoever, and for the purposes aforesaid, in the name or on behalf of the said party of the first part, but at the proper cost and charges of the said party of the second part, and their successors and assigns, to appear, prosecute, and plead in all courts and places whatsoever. And all suits, disputes, or differences in any wise respecting the promises to conform and agree, or refer to arbitration, upon such terms and principles, and in such manner and [39] form, as to the said party of the second part, and their successors and *assigns, shall appear fit and expedient. And all needful acquittance, discharges, receipts, deeds, and writings touching the premises, in the name, place, and stead of the said party of the first part, from time to time, to make, execute, and deliver, and generally to do

and perform all lawful acts, matters, and things whatsoever touching the premises in as full and ample a manner as the said party of the first part, if personally present, might or could do, or as if more special authority were given them. And one or more attorney or attorneys under them, the said party of the second part, for the purposes aforesaid, from time to time, appoint, and at their pleasure revoke.

In witness whereof, the said party of the first part hath to these presents set his hand and seal, and the said party of the second part have also to these presents caused their seal to be affixed, and the same to be subscribed by their president or their vicepresident, and countersigned by their secretary, on the day and in the year first above written

(Signed)

Signed and delivered in the presence of(Signed)

E. H. DAVIS.

J. ATKINS.

Mr. Jones to Mr. Seward.

OFFICE OF THE ATLANTIC MUTUAL INSURANCE COMPANY,
New York, October 1, 1863.

SIR: I inclose herewith to be filed proofs of loss in the case of the ship Brilliant, as follows:

1. The protest;

2. Freight list;

3. Assignment to this company of the claim for damages.

I append thereto a short statement of facts, with a brief claim for damages against the British government.

Should any further proofs be required I shall be happy to furnish them.

Very respectfully, &c.,
(Signed)

UNITED STATES OF AMERICA, State of New York, ss :

J. D. JONES, President.

By this public instrument be it known to all whom the same doth or may in anywise concern, that I, William Aug. Walker, a public notary in and for the county of Queens, and State of New York, by letters-patent under the great seal of the said State, duly commissioned and sworn, and residing in the county of Queens, do hereby certify that the annexed is a true and correct copy of the original affidavit on file in my office in the city of New York.

In testimony whereof I have subscribed my name, and caused my notarial seal to be affixed, November 8, 1862.

(Signed)

WM. AUG. WALKER, Notary Public.

CITY AND COUNTY OF NEW YORK, State of New York, ss:

On the day of the date hereof, before me, William Aug. Walker, a public notary in and for the State of New York, duly and by lawful authority admitted, commissioned, and sworn, personally appeared George Hagar, who being by me duly sworn, deposes and says, that he was master of the ship Brilliant, of New York, on her late undertaken voyage to London, when she was captured by the Egnlish or confederate steamer Alabama, or 290, and burned, a more particular account of which will be found in his protest extended before William Aug. Walker, notary public in the city of New York, under date of 18th of October last past, in which it is stated that this deponent "was peremptorily ordered to sign a document naming the owners of the ship, and declaring that he had no knowledge of the cargo being on foreign account; that though he was compelled to sign this document, he nevertheless called the attention of the master of the steamer to the fact that the ship's bills of lading were indorsed on foreign account,” meaning that the cargo belonged to citizens of foreign states, and protested against the destruction of his ship and cargo for that reason, but no notice was taken of it by the master of the steamer, who would not listen to the earnest entreaties of this deponent to spare his ship and cargo; and when this deponent again told the master of the steamer that the bills of lading were indorsed "on foreign account," he replied to

this deponent in the following language: "That is the second time you have told [40] me that; do you suppose me to be a ddo you suppose me to be a d--d *fool?" That the manner of the

master of the steamer was overbearing and insolent in the extreme, and it was at great risk of the personal safety, if not of the life of the deponent, that he so strenuously insisted upon his ship and cargo being released. That he did so nevertheless, and was threatened with irons and imprisonment to intimidate him. That when he

signed the document to which reference has been made herein, to the effect that he had no knowledge of the cargo being on foreign account, he said at that time to the captain of the steamer that though he had no actual knowledge as to that, but believed it was because such was indorsed on the face of the bills of lading; and in reply to this the master of the steamer told this deponent that there was no consular certificate to that effect; that he wanted none of his suppositions, he wanted facts only. (Signed) GEORGE HAGAR. AR Sworn to before me, this 8th day of November, 1862. In testimony whereof I have hereunto set my hand and seal.

(Signed)

WM. AUG. WALKER, Notary Public.

On the day and year first above written also appeared before me Hamilton Bingham, who being duly sworn, deposes and says, that he was first mate of the aforesaid ship Brilliant, on the said voyage; that he has read the contents of the foregoing affidavit of the master, and that the same is true and correct to the best of his knowledge and belief, always excepting such stated conversations as occurred between Captain Hagar and the captain of the confederate steamer not held in the presence of this deponent. (Signed) HAMILTON BINGHAM.

Sworn to before before me, November 8, 1863. In testimony whereof I have hereunto set my hand and seal of office. WM. AUG. WALKER, Notary Public.

(Signed)

Messrs. Atkins & Co. to Mr. Seward.

NEW YORK, September —, 1863.

SIR: We respectfully lay before you the inclosed documents:

1. Our memorial in relation to the destruction of the ship Brilliant by a steamer calling herself "the Confederate States man-of-war Alabama."

2. A certified copy of Captain Hagar's marine protest.

3. A certified copy of ship's register.

4. A certified copy of the crew list.

5. Affidavit of Captain Hagar.

These documents prove that the ship was destroyed by fire; that she is an American ship, and she was sailing according to the laws of the United States.

We respectfully ask that such action may be taken in the premises as shall seem, in your judgment, to recover from Her Britannic Majesty's government, $75,000 for the loss of our ship, and £3,415 9s. 8d. sterling, the amount of freight she had on board, according to the freight list.

We are, &c.,

(Signed)

JOSHUA ATKINS & CO.

To the Hon. William H. Seward, Secretary of State, Washington, D. C. :

The memorial of Joshua Atkins and Edwin Atkins, copartners, merchants, and citizens of the United States, residing in the city of Brooklyn, respectfully represents : That they, together with George Hagar, master mariner, of Boston, Massachusetts, also a citizen of the United States, are the sole owners of the late ship Brilliant, of New York.

That the said ship Brilliant being a legally registered American vessel, equipped according to the laws of the United States, sailed from the port of New York on the 13th of September, 1862, laden with a cargo consisting of grain, flour, &c., bound to the port of London, in Great Britain.

it

The said cargo belonged to various shippers, and each bill of lading had indorsed on on foreign account," and the undersigned had no personal interest therein other than the customary lien for the freight thereof.

That on the 3d October following she had proceeded on her voyage as far as latitude 40° north, longitude 50° 30′ west, when she was boarded and declared to be a [41] prize to a *vessel calling herself "the Confederate States man-of-war steamer Alabama," who immediately took possession of said ship, against the strong and often repeated remonstrances of George Hagar aforesaid, her master on the voyage ; and by order of one calling himself the captain of said steamer (Semmes) there were taken from the ship Brilliant sundry boats, and such stores and cargo as the so-called captain wanted for the use of his vessel; and the confederate crew plundered everything that time would allow them to carry away. That Captain Hagar,

his officers, and crew were ordered to leave their ship, and were put on board the ship Emily Farnham, which vessel lay hove-to, a few cables' length from the said steamer Alabaina, a prize to her.

At 6 o'clock p. m. the said ship Brilliant was set on fire by order of the said Semmes, and was totally destroyed with all on board.

The ship Emily Farnham was released, and proceeded on her course to Liverpool, whither she was bound, but on the 6th October Captain Hagar, his officers, and part of his crew were transferred to another vessel, spoken at sea, bound to this port, and were landed in New York on 16th of same month.

And now we, Joshua Atkins and William Atkins, and on behalf of George Hagar, sole owner of said ship, do enter our solemn protest against the destruction thereof, and do by these presents demand of the government of Great Britian full reparation for the same, in the sum of $75,000 of the coin of the United States, being the value of said ship, and £3,415 9s. 8d. sterling, the amount of freight she had on board at the time of her destruction.

Your memorialists would further represent that they make and predicate this protest and demand upon the facts therein stated, which can be verified whenever it shall be found necessary so to do. Said vessel calling herself "the Confederate States manof-war Alabama" is an English vessel and no other. She was built at the port of Birkenhead, and was allowed to leave British waters, although information as to her character, and the intention to use her as a privateer to prey upon the commerce of the United States, then and now at peace with Great Britain, was lodged with the British government. The said steamer Alabama (then called the 290,) was allowed to leave said waters upon giving a bond to return, which it was well known was intended to be forfeited. That she did leave the waters of Great Britain the latter part of July, 1862,. under the protection of the British flag and manned by British subjects. That had the American man-of-war Tuscarora, or any other legally authorized man-of-war of the United States' seized her after leaving said British waters, she would have claimed her British ownership and her flag as her protection. But said steamer was allowed to leave port under the pretense of making a trial-trip, and has never been in any port of the so-called Confederate States so as to change her flag, or to be otherwise than a British vessel.

Your memorialists would further represent that said steamer, after thus fraudulently leaving the port of Great Britain against the Queen's proclamation of neutrality, repeatedly visited or came within the jurisdiction of certain British islands in the Atlantic Ocean, when and where it was well known, and patent to the world, that she had destroyed American vessels on the high seas, and instead of being seized and detained by the British government, as they were in duty bound to do, was allowed every facility for obtaining supplies and advice, and to resume her piratical cruise; that no examination was ever made by said British government through their constituted agents and officers, as to the manning of said steamer by British subjects, or of the prostitution of the British flag, by thus giving protection to the piracies committed under its folds; and that she was and has continued to be, until after the capture of your memorialist's ship, principally manned by said British subjects.

In view of these matters, and of others which may be made to appear, your memorialists do now and forever enter their solemn protest against the British government and people, as willing parties, negligently culpable in the destruction of their property upon the high seas, and thus in fact violating the proclamation of the Queen by building and manning said steamer, and then allowing her to continue her depredations. And they ask, through the Government of the United States, that a proper representation may be made of their loss, that in the end due reparation may be made to them by the said government of Great Britain, or that the Government of the United States may assume the same as one of the governmental obligations to protect the rights of their citizens thus wantonly violated.

And as in duty bound will ever pray. (Signed)

JOSHUA ATKINS.

EDWIN ATKINS.

[42]

No. 19.

Earl Russell to Mr. Adams.

FOREIGN OFFICE, October 26, 1863.

SIR: I have had the honor to receive your letter of the 23d instant. In that letter you inform me that you are instructed to say that the Government of the United States must continue to insist that Great