Mr. Burnley to Mr. Seward.
Washington,
October 20, 1864.
Sir: I have the honor to bring under your
immediate notice the circumstances attending the capture of the Night
Hawk, and the detention of her crew as prisoners.
It appears from the enclosed copy of a despatch from her Majesty’s consul
at New York, who was instructed by me to report upon the case, that the
Night Hawk, a British ship, registered at Liverpool, sailed from Bermuda
on the 26th ultimo with an assorted cargo of merchandise, for the
purpose apparently of running the blockade at Wilmington; that she ran
aground off the harbor of Wilmington on the 29th ultimo, and was boarded
by an armed boat’s crew from the United States ship Niphon, who fired
three or four volleys of small-arms at the Night Hawk, wounding the
surgeon, J. E. Taylor, a seaman named Patrick Hardigan, and a fireman
named John McKay.
The ship was then fired by Ensign Seaman under aggravated circumstances;
in fact, his whole conduct seems to have been considered unjustifiable
by the senior officer in command of the Santiago, who stated that he
would report him to the admiral.
Captain Smiley, his officers and crew, were then carried off to Beaufort,
and from thence to New York, and lodged in the Ludlow street jail.
I beg to enclose further a sworn affidavit of the circumstances attending
the capture, taken before a public notary of New York; copies of a
complete list of the crew, and a discharge paper of one of the.seamen,
with a view of confirming the nationality of the vessel, and have to
request now that a thorough investigation of the case may take place,
and that I may be furnished, as soon as possible, with the result of the
inquiry, particularly as regards the wounding of the three persons
mentioned in the previous part of my note, and that the crew may be
released, without delay, from custody.
I beg you to return the affidavit and discharge paper to me.
I have the honor to be, with the highest consideration, sir, your most
obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.
[Page 746]
Mr. Archibald to Mr. Burnley.
British Consulate,
New York,
October 17, 1864.
Sir: I had the honor to receive, on the
15th instant, your despatch of the 10th instant, transmitting a copy
of a letter received by you from the master, officers and crew of
the Night Hawk, at present confined in the Ludlow street jail,
stating that they are British subjects, and had been captured when
endeavoring to run the blockade; enclosing to me, under flying seal,
the answers which you had returned to them, and instructing me to
report upon their case.
In compliance with your instructions, I this morning sent Mr.
Vice-Consul Edwards to the prison, where he saw and examined on oath
the whole of these men, whose names, ages and birth-place will be
found in the enclosed list. They not only all positively swear that
they are native-born British subjects, never naturalized in the
United States, but from their accent, and from other circumstances,
Mr. Edwards sees no reason to doubt their statement in this respect
is true.
The Night Hawk was a British steam vessel, recently built and
registered at Liverpool, official number 50296. She sailed from
Bermuda, on the 26th ultimo, with a cargo of provisions, lead, pig
iron, and general merchandise. The master and officers state that on
the 29th September she ran on shore near the harbor of Wilmington,
and was boarded by a boat from the United States ship Niphon. There
were in the boat sixteen men, under the command of Ensign Seaman.
Before boarding the Night Hawk, and while she was fast on the reef,
three or four volleys of small-arms were fired, at the Night Hawk
from the boarding boat, wounding the surgeon, T. E. Taylor, a seaman
named Patrick Hardigan, and a fireman named John McKay. After
boarding the ship, and finding it impossible to get her off, Ensign
Seaman went into the cabin and fired the ship, by setting fire to
the beds and then, pouring spirits upon them; one of the prize
officers at the same time set fire to the ship forward. The prize
crew then left, taking off in their boat, and in the only ship’s
boat available, the master and crew, with the exception of fourteen
men, including the second and fourth officers, second and third
engineers, and all the wounded men. The boarding and seizure took
place at night.
On boarding the Night Hawk, Ensign Seaman asked what ship it was? The
master (Smiley) replied, “the Night Hawk, from Bermuda.” Ensign
Seaman, without further inquiry, or asking for the ship’s papers,
went immediately into the cabin, and within three minutes from the
time he came on board the ship was fired. The Night Hawk had but two
boats, one of which was employed, as above stated, in taking off
part of the crew, the other was lying under the stern of the ship,
swamped, and requiring much exertion to get her in a condition to be
useful. As the boats, which were heavily laden, left the ship,
Captain Smiley asked the ensign to send back a boat to take off the
rest of the crew and the wounded men. The ensign replied, that “if
they had not sense enough to bail out the boat (meaning the swamped
boat) they might go to hell and be damned.” At this time the stern
of the vessel was in flames, and none of the men on board could have
got at the boat. After the vessel was fired, the engineer
represented to Ensign Seaman that the vessel might be got off if the
fire was extingufshed, and asked permission to extinguish it, but he
refused to give him permission.
After the vessel was fired, Captain Smiley told the ensign there was
a quantity of gunpowder in the cabin. About five minutes after the
boats left the ship this powder exploded, blowing up the after part
of the ship. The people on board knew of the powder being in the
cabin, (it was about forty-three pounds in all,) and the captain
thinks that, from this circumstance, the men
[Page 747]
who were left on board kept in such a part of
the ship as to escape danger from the explosion. No further
visitations of the Night Hawk, so far as the captain knows, was made
from the Niphon, or any of the vessels of the blockading
squadron.
From the Niphon, Captain Smiley was taken on board the United States
ship Santiago, whose commander appeared to be the senior officer.
Captain Smiley reported to him the conduct of Ensign Seaman and the
burning of the ship. The commander of the Santiago replied, that he
thought that the burning of the Night Hawk was unjustifiable; that
Ensign Seaman was not a proper person to have been sent on board the
prize, and that his misconduct should be reported to the
admiral.
In reference to the firing at and wounding of the crew, as above
mentioned, Captain Smiley and his officers assert that this
proceeding was entirely unprovoked, and without any justification
whatever. The boarding party could not but have known that the ship
was aground, and not the least resistance or show of resistance was
made by any one on board of her.
In confirmation of the nationality of the ship, I enclose a discharge
(according to the requirements of the mercantile marine act) of one
of the seamen at Bermuda, The only flag used on board was the proper
flag—the British flag. On leaving Bermuda the agent sent on board a
small parcel, which he said was a confederate flag, which the master
was told must be displayed in passing up the river at Wilmington,
otherwise he might be delayed a long time outside. This flag was
never used, as the vessel ran in at night; it was in the cabin, and
burnt with the ship when she was fired. This circumstance was first
made known to the marshal here by Captain Smiley.
I have, &c., &c.,
J. Hume Burnley, Esq., &c, &c, &c.
Crew of steamer Night Hawk, of Liverpool,
(official number 50296,) in county
jail.
W. F. Smiley, master, native of Ireland, aged 30; James Brown, first
officer, native of Scotland; Wm, Mclntyre, first engineer, native of
Scotland, aged 40; Alexander Reed, third engineer, native of
Scotland, aged 23; John Davis, native of Wales, aged 29; David
Dowden, native of England, aged 26; Matthew Callaghan, native of
Ireland, aged 26; John Taylor, native of Ireland, aged 25; James
Foote, native of Ireland, aged 47; Daniel Connell, native of
England, aged 39; Henry McClarey, native of Ireland, aged 23; Edward
Smith, native of Ireland, aged 28 ; William Brown, native of
Ireland, aged 46; Michael Donahue, native of Ireland, aged 39;
Thomas Bark, native of Scotland, aged 38; John McDonald, native of
Scotland, aged 35; Michael Pender, native of Ireland, aged 33; Henry
Goodyear, native of England, aged 46 ; Peter Murrin, native of
Ireland, aged 26; Benjamin Holden, native of England, aged 29;
William Brown, native of England, aged 20; Joseph McEng, native of
England, aged 25; William Manly, native of Bermuda, aged 17.
Deposition of Captain
Smiley.
[l. s.] United States
of America,
State of New York, ss:
By this public instrument be it known to all whom it doth or may
concern, that I, Charles Edwards, a public notary in and for the
State of New York, by
[Page 748]
letters patent under the great seal of the said State, duly
commissioned and sworn, in and by the said letters patent invested
with full power and authority to attest deeds, wills, codicils,
&c, &c, and other instruments in writing, and to administer
any oath or oaths to any person or persons, do hereby certify that
on the day of the date hereof before me personally came and appeared
Francis Smiley, now confined in Ludlow street jail, New York, and
late captain of the steamer Night Hawk, which was destroyed at
Wilmington, and he, being by me duly sworn, did depose and say: that
he is a British subject by birth, born at Newtowards, county of
Down, Ireland, and has never been naturalized in the United States
of America, and has done nothing to forfeit his British allegiance,
nor has he ever voted at elections or exercised any of the peculiar
privileges of a citizen of the United States, nor declared an
intention to become a citizen of the same; that he is a British
master mariner, his certificate being 19629 ; that the said steamer
Night Hawk was entirely owned by British subjects of Liverpool,
England, when destroyed, and no one in the southern confederacy had
any ownership or share in her, so far as this deponent knows, has
been informed, and believes; that he and his officers, and the
principal portion of his crew (22 in number) were taken in open
boats near Wilmington on the 29th day of September last, and were
first put on board the United States vessel Tephan, or Niphon, from
thence placed on to the United States vessel or ship Newbern, and
carried to Beaufort, and from thence brought in the Newbern to New
York, arriving on Thursday, the 6th day of October instant, and then
taken to Ludlow street jail aforesaid, where he remains imprisoned;
that he has undergone some examination by a United States marshal
under oath, but further he has not been required to give any
evidence or testimony. Also, he saith that he is a married man,
having a wife and four children and mother, all residing at
Liverpool, England, and entirely dependent upon him for their
maintenance and support; that on his examination before the United
States marshal he deposed there was a confederate flag on board, and
he now says the facts in connexion with this were these: A person
came on board at Bermuda who appeared to act as the ship’s agent,
and brought in a parcel that he said was a confederate flag; that
this deponent protested against carrying it, but such agent said it
was a private signal, and insisted on deponent’s taking it, and left
it on the vessel just as she was about to leave. And this deponent
further made oath that this was the first time he ever was on board
a blockade vessel of any kind, he having for years been running in
regular vessels between Liverpool and New York; also, that the said
vessel Night Hawk was a British ship, under British register, and
wholly owned in Liverpool, England.
Whereof an attestation being required, I have granted this under my
notarial firm and seal. Done in the city of New York, in the said
State of New York, the 12th day of October, in the year of our Lord
1864.
In pramissorum fidem.
CHARLES EDWARDS, 35
Pine street, New York
Deposition of Mr. Platt,.
[l. s.] United States of America,
State of New York, ss:
By this public instrument be it known to all whom the same doth or
may concern, that I, Charles Edwards, a public notary in and for the
State of New York, by letters patent under the great seal of the
said State, duly commissioned and sworn, and in and by the,said
letters patent invested with full power and
[Page 749]
authority to attest deeds, wills, codicils,
agreements, and other instruments in writing, and to administer oath
or oaths, &c, &c, &c, do hereby certify that on the day
of the date hereof before me personally came and appeared William H
Platt, of Staten Island, formerly master mariner, now retired, being
sworn, maketh oath that he well knows Uriah Francis Smiley, now
confined in Ludlow street jail, New York; knew him at New towards,
in county of Down, Ireland, where he had a family; known him ever
since he was about fifteen years of age; that said Smiley was a
British subject by birth, and deponent believes he still is; never
knew anything to the contrary. Also, deponent says that said Smiley
has always been a seafaring man.
Whereof an attestation being required, I have granted this under my
notarial firm and seal. Done at the city of New York, in the said
State of New York, the 15th day of October, in the year of our Lord
1864.
In pramissorum fidem.
CHARLES EDWARDS, New
York.
Deposition of Mr.
Harrison.
l. s.] United States
of America,
State of New York, ss:
By this public instrument be it known to all to whom the same doth or
may concern, that I, Charles Edwards, a public notary in and for the
State of New York, by letters patent under the great seal of the
State, duly commissioned and sworn, in and by the said letters
patent invested with full power and authority to attest deeds,
&c, &c, &c, to administer oaths, &c, &c, &c,
do hereby certify that on the day of the date hereof before me
personally came and appeared Thomas Harrison, No. 712 South Juniper
street, Philadelphia, Pennsylvania, and he being by me duly sworn,
doth depose and say, that he is the brother-in-law of Uriah F.
Smiley, now confined in Ludlow street jail, New York city, and who
was, as deponent understands, captain of the steamer Night Hawk;
that deponent married his sister; that deponent came from the same
county in Ireland that the said Uriah F. Smiley did, and they were
both born there, within fifteen miles of one another; that they have
been very intimate for years; that from all he knows, has been
informed, and believes, the said Uriah P. Smiley was not only a
British subject by birth, but is still a British subject, and has
never thrown off his allegiance to the Queen of Great Britain, nor
ever become a citizen of the United States, or declared his
intention to do so; also, that the said Smiley has a wife and family
in Liverpool, England.
Whereof an attestation being required, I have granted this under my
notarial firm and seal. Done at the city of New York, in the said
State of New York, the 12th day of October, in the year of our Lord
1864.
In pramissorum fidem.
CHARLES EDWARDS, New
York.
Certificate of discharge, for seamen discharged
before a duly appointed officer in a British possession
abroad.
Name and official number of ship, 50296
Port of registry, Liverpool.
Tonnage, 360.
Description of voyage or employment, Liverpool to Bermuda.
[Page 750]
Name of seaman, John M’Donald.
Place of birth, Glasgow.
Date of birth, 1829.
Number of fund ticket, if any.
Capacity, fireman.
Date of entry, August 27, 1864.
Date of discharge, September 23, 1864.
Place of discharge, Bermuda.
I certify that the above particulars are correct, and that the
above-named seaman was discharged accordingly. Dated this 23d day of
September, 1864.
U. F. SMILEY, Master.
--Seaman.,
Dated at Bermuda, and given to the above-named seaman in my presence
this 23d day of September, 1864.
C. H. SMITH, Shipping
Officer.
