value of seven hundred and fifty barrels of sperm oil, burned with the bark, at $150 per gallon, $35,400; value of fifty barrels of whale oil, burned with the bark, at 80 cents per gallon, $1,260; value of six hundred barrels of sperm oil to be taken to complete voyage, at $1 50 per gallon, $28,340; total, $104,000. Your memorialists further represent that this armed cruiser was built and supplied with stores during the past summer at an English port; that her armament and English crew, designed for and received by her, were also shipped from an English port; that, at the time the aforesaid were committed, she had not been at any other than an English port; that she carried no other than the English colors until her prizes were within her grasp, and which were then exchanged for the rebel flag of the southern States of this republic, excepting in the case of the capture of the aforenamed ship Ocmulgee, when at no time did she show any other than the English colors; that it was notorious in England during the past summer that this vessel, as well as others, was in process of construction, and designed to prey upon the commerce of the United States. All these facts your memorialists believe can be abundantly proved, and to that end they have caused certified copies of the protests, duly entered by the respective masters of said ships, to be appended hereto; and they pray to be permitted to furnish, in some other form, further testimony of the truth of their representations. For these losses thus occasioned your memorialists believe the English nation should be held responsible. And your memorialists further represent that the whaling interest of the country is now in extreme peril; that about one-third of all the vessels in the whaling service of the United States is now exposed to similar piratical capture and destruction. They do, therefore, earnestly pray that the government of the United States will adopt such measures as will result in their indemnity from loss by reason of the outrages aforesaid; and they do further pray that such disposition be made of a portion of the naval force of the nation as will insure the safety of the seas. And, as in duty bound, will ever pray. WM. HATHAWAY, JR., Agent and owner of bark Virginia. CHARLES R. TUCKER & CO., Agents and owners of ship Benjamin Tucker. W. & G. D. WATKINS, Agents and owners of bark Elisha Dunbar. JOSIAH HOLMES, Jr., & BROTHERS, Agents and for owners of the bark Ocean Rover. And the undersigned, managing owner of the whaling brig Altamaha, in the foregoing memorial named among the vessels owned in the district of New Bedford, which were destroyed by the Alabama, in his own behalf and for his co-owners, prays to be permitted to join in the foregoing memorial; and, appending hereto a certified copy of the protest of the master of said brig, states their loss as follows, viz: value of brig and outfits, $6,000; value of a fair cargo of sperm oil, two hundred barrels, at $1 50 per gallon, (the capacity of said brig being four hundred barrels,) $9,450; total, $15,450. S. C. LUCE, Agent and owner of brig Altamaha. On the 17th day of September, in the year of our Lord 1862, personally appeared before me William Childs, late master of the American ship Benjamin Tucker. States that he sailed from New Bedford in the year 1861, bound on a whaling voyage. Nothing occurred of any consequence until the 14th day of September of this present year; at 1 a. m. saw a sail standing to the southwest; at half past 1 fired a gun and tacked ship, headed for me, and when he got within eight hundred yards he fired another gun which brought me to, then sent a boat on board and informed me that I was a prize to the Confederate States steamer Alabama; he told me to pick up my things, also the crew, and sent us on board of the said steamer. At 5 a. m. he took out about one and a half tons of tobacco and forty boxes of soap, and about 6 a. m. he set fire to the ship; kept me and all my crew in irons until the 16th of September, at mid-day, then sent us adrift in our own boats about ten miles northwest from this island of Flores, where we arrived at 4 p. m., at the port of Punta Delgada. Thus the deponent declares, and has desired ine to take his protest, as he doth protest against the said confederate steamer Alabama for all losses, costs, and damages sustained by the burning of the aforesaid ship Benjamin Tucker. All which is solemnly sworn before me by the said William Childs. In witness whereof I have hereunto affixed my signature and seal of office at this port of Santa Cruz, island of Flores, this 17th day of September, 1862. WILLIAM CHILDS, Master. THOMAS SANFORD, JR., Mate. NELSON C. BORDEN, Second Officer. JAMES MACKAY, JR., United States Consular Agent. I, the undersigned, consul of the United States for the Azores, do hereby certify that William Childs, master of the late ship Benjamin Tucker, personally appeared before me, and, confirming the foregoing protest, desired further to protest against the captain of the confederate steamer Alabama, as also against all whom it doth or may concern, for all losses, costs, and damages which have arisen, or may arise, in consequence of the burning of said ship. Countersigned: WILLIAM CHILDS. CHAS. W. DABNEY. On the 9th day of September, in the year of our Lord 1862, personally appeared before me James M. Clark, late master of the American bark Ocean Rover, of Mattapoisett. States that he sailed on the 26th day of May, 1859, bound on a whaling voyage. Nothing of any consequence occurred until the 8th day of September of the present year, when off the island of Flores, the Confederate States steamer Alabama run down to us when we were becalmed and ordered me to haul down my colors, then lowered a boat and boarded me, saying I was a prize to the Confederate States steamer Alabama, desiring me to go on board of the above steamer with my papers, which I did; then he ordered me to return and pick up all my effects and the crew's baggage, excepting the nautical instruments, books, and charts, and to leave the ship and go on shore; we were then about ten miles off the island of Flores, where we arrived about 11 p. m. Thus the deponent declares and has desired me to take his protest, as he doth protest against the said confederate steamer Alabama for all losses, costs, and damages sustained by the loss of the aforesaid bark Ocean Rover. All which is solemnly sworn before me by the said James M. Clark. In witness whereof I have hereunto affixed my signature and seal of office at this port of Santa Cruz, island of Flores, this 9th day of September, 1862. Countersigned: JAMES M. CLARK, Master. NELSON RHODEHOUSE, 1st Mate. JAMES MACKAY, JR., United States Consular Agent. I, the undersigned, consul of the United States for the Azores, do hereby certify that James M. Clark, master of the late bark Ocean Rover, personally appeared before me and, confirming the foregoing protest, desired to further protest against the captain of the confederate steamer Alabama, as also against all whom it doth or may concern, for all losses, costs, and damages which have arisen, or may arise, in consequence of the burning of the said ship. Countersigned: JAMES M. CLARK. CHAS. W. DABNEY. Be it remembered that, on this 20th day of October, A. D. 1862, before me, William W. Crapo, a notary public duly commissioned and qualified, and residing in New Bedford, in the Commonwealth of Massachusetts, personally appeared David R. Gifford, master of the American whaling bark Elisha Dunbar, of said New Bedford, and John G. Morrison, mate of said bark, who did severally declare and protest the several matters and things hereinafter set forth, that is to say: These appearers set sail from the port of New Bedford on the 25th day of August, A. D. 1862, in said bark Elisha Dunbar, bound on a whaling voyage to the Atlantic and Indian Oceans. Nothing material occurred until the morning of the 18th September, 1862, when in latitude 39° 50′ north, longitude 35° 20′ west, with the wind from the southwest, and the bark holding east-southeast, saw a steamer on our port-quarter standing to the northwest. Soon after we found that she had altered her course and was steering for the bark; we made all sail to get out of her reach, and were going ten knots at the time, but the steamer was gaining under canvass alone. She soon came up with us, and fired a gun under our stern, with the St. George cross flying at the time. Our colors were set, when she displayed the confederate flag; being near us we hove to, and a boat with armed officers and a crew came alongside, and on coming on board stated to the master that our vessel was a prize to the confederate steamer Alabama, Captain Semmes. This was at 2 o'clock in the afternoon. The master of the Elisha Dunbar was then ordered on board the steamer with his papers, and the crew were ordered to follow with a bag of clothing each. On going aboard of the steamer, her captain claimed our vessel as a prize, and said she would be burnt. The master of the bark not having any clothing, he was allowed to return for a small amount of clothing. The officer of the steamer on board the bark asked Captain Gifford what he had come back for, and tried to prevent his coming on board. Captain Gifford told him he came after a few clothes, which he took, and then returned to the steamer. It was blowing very heavy at the time, and was very squally, Nothing was taken from the bark but the chronometer, sextant, charts, &c. The bark was then set fire to, and burnt. This was about half-past 3 o'clock in the afternoon. The vessel, with her whaling outfits for a voyage of forty months, together with about sixty-five barrels of sperm oil on deck, which had been taken a few days previous, were consumed. The officers and crew of the Elisha Dunbar were put in irons. The crew of the Alabama consisted of British subjects, being English and Irish, as were some of the petty officers. The officers and crew of the steamer numbered about one hundred and twenty, all told, of whom all belonged to Great Britain, except perhaps twenty-five. These appearers remained on board the steamer Alabama until the 3d of October, 1862, when they were transferred to the ship Emily Farnham, bound to Liverpool, on board of which vessel they remained until the 6th October, 1862, when they went on board of the brig Golden Lead, and arrived at New York the 16th October, 1862, and at New Bedford the 17th October, 1862. And these appearers do further severally declare, before me the said notary, that when said bark left the said port of New Bedford, and up to the time of the seizure and burning aforesaid, she was tight, staunch, and seaworthy, and was well and sufficiently manned and apparelled for her said intended voyage; that during the voyage aforesaid, and particularly on the said 18th day of September, they all did everything in their power to preserve said bark and cargo from loss, detriment, and damage. Wherefore the said appearers did declare to protest, as by these presents they do solemnly protest, against the various perils of navigation, and all other causes whatsoever by which the aforesaid disaster has been occasioned, all of which happened as before stated, and not otherwise, and not in any manner through the inefficiency of said bark or her apparel or tackle, or from the neglect or inattention of the officers or crew, all of whom, on the contrary, did their duty to the best of their ability. In testimony whereof I have caused the said appearers to sign these presents, and make solemn oath to the truth of the same, and I have hereunto set my hand and affixed my seal notarial, the day and year first above written. UNITED STATES OF AMERICA, DAVID R. GIFFORD. WM. W. CRAPO, Notary Public. Commonwealth of Massachusetts, county of Bristol, city of New Bedford: I, William W. Crapo, a notary public duly commissioned and sworn, residing in said city, hereby certify that the foregoing document is a true and correct copy from my notarial record. Given under my hand and notarial seal, this 10th day of November, 1862. WM. W. CRAPO, Notary Public. Marine protest. UNITED STATES OF AMERICA, Commonwealth of Massachusetts, City of New Bedford, ss: By this public instrument of declaration and protest, be it made known and manifest, that on the 17th day of October, in the year of our Lord 1862, before me the subscriber personally appeared Shadrach R. Tilton, master of the ship Virginia, of New Bedford, of the burden of about three hundred and forty-six tons, and noted with me in due form of law his protest, for the uses and purposes hereinafter mentioned. And now on this day, to wit, the 30th day of October, in the year 1862, before me, William H. Taylor, a notary public, duly and by lawful authority admitted, commissioned, and sworn, residing and practicing in the city of New Bedford, and Commonwealth aforesaid, comes the said Shadrach R. Tilton and requires me to extend the said protest, and together with him comes and appears Charles B. Hardenburg, mate, belonging to the aforesaid ship Virginia, both of whom being by me severally, duly, and solemnly sworn on the Holy Evangelists of Almighty God, voluntarily and freely depose and say that the said ship, laden with provisions, stores, and utensils for a whaling voyage, being in every respect seaworthy, and in all things fitted and provided for her intended voyage, sailed on the 26th day of August, 1862, from the port of New Bedford, bound on a whaling voyage in the Atlantic and Pacific Oceans; that nothing material occurred until the 17th day of September, 1862, when in latitude thirty-nine degrees north, and longitude thirty-four degrees west, the ship heading east-northeast, and fine weather, discovered a sail four points on the weather bow, steering for us. When within four miles distant the stranger set the St. George's Cross, which we answered with the American ensign, and backing our main-yard, supposing her to be an English man-of-war. When within a quarter of a mile she hauled down the English and set the confederate flag, and boarded us with an armed crew, claiming us as a prize to the confederate steamer Alabama, Captain Semmes, taking away my papers and ordering me on board the steamer. After arriving on board Captain Semmes asked me where I was from, and inquired if I had any late papers or any money. He then told his first lieutenant to go on board the Virginia with me and allow me a trunk and each man a bag of clothing, and then destroy the ship. On reaching the ship I was allowed but a short time to get a small trunk of clothing, and was then hurried back to the steamer, where I with my crew were put in irons, and the Virginia was set on fire and burned. I was on board the steamer seventeen days, in irons, on deck, wet most of the time. On the 3d of October all the officers and crew of the Virginia, except these appearers, were transferred to the ship Emily Farnham, with orders to go to England. These deponents were then transferred to the brig Golden Lead, in which vessel they sailed for New York, where they arrived on the 16th instant. And the said deponents on their oaths declare that the said ship was at commencement of voyage aforesaid stanch and strong, and had her cargo well and sufficiently stowed and her hatches properly closed and secured, and that during the said voyage they, together with the rest of the crew on board, used their utmost endeavors to preserve the said ship, and her cargo, tackle, and apparel, from damage or injury; and that any loss, damage, or injury which has arisen or accrued, or that may arise or be sustained in any way or manner whatever, is solely owing to the accidents and difficulties herein set forth and declared, and not to any neg |