The Express.
London, England, 1864-02-13 00:00:00

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On the motion for going into committee of supply,
Mr. S. FITZGERALD rose to call attention to the cir-
cumstances attending the capture of certain British vs
viz., the Springbok, the barque Science, at Matamorose,an
the ships Margaret and Jessie and the Saxon within the
jurisdiction of the colony of the Caps of Good Hope, and to
move an address for papers. The hon. gentleman
disclaimed any intention to broach matters which
might tend to increase the irritation which unfor-
tunately prevailed on both sides of the Atlantic.
The hon. gentleman complained that the government, in
withholding the papers relating to these meek bad not
treated the house with the candour, frankness, and fanner
to which it was entitled ; for he held in his band a collec-
tion of papers that had been given by the government of the'
United States to congress at the earliest moment, and there
was not • single topic which had been in discussion between
the governments of the two countries that was not included
in it. What be wished to obtain was an accurate state-
meet of the circumstances of the moss to which he referred,
and of thitoourse which the government had pursued in
regard to them. la the case of the Margaret and Janie, she
was a Confederate mead which was chased into British
waters and fired upon for an hour and a half by • Federal
cruiser, whose shot and shell entered the plantations
on shore. With regard to the Springbok, he argued
that the decision of the Prize Court of New 1
York,
pronounced by Judge Betts, combatted doctrines that were
contrary to international law ; and as to the Saxon, on
board of which an unarmed British citizen had been mar-
dered by a Federal lieutenant, if it were true that all Earl
Russell had done was to intimate to the United States
government that the lieutenant might to be put our his trial
for murder, such conduct was utterly unworthy a minister
of this country.
The ATTORNEY-GENERAL met the motion for pipets
with the statement that their production pending judi-
cial proceedings would be injurious to the public service.
With regard to the decisions of the United States prize
courts, be believed they were precisely similar to thine
which had peened our own courts during the French
war, and that there was not one of their judgments
that displayed anything elm than an honest intention to
administer the law as it bad been generally moseyed, and
the case of the Springbok was no exception to the rule.
In reference to the Saxon, the fact' to possession of the
government were the same as those related by the hoe.
gentleman, sod, if the information were correct there was
no doubt that • most wanton and barbarous murder
had been committed ea an nooffeediag person co board
that ship. Captain Baldwin, the commendos of the
Federal cruiser. had expressed his sorrow at the event, and
Lord Lyme had been instructed to make representations to
the United States government on the subject, sad to ex-
press the opinion of her Majesty's ministers that, if the in-
formation is their possession were correct, the offending
officer ought to be put on his trial for murder. He believed
that in all these cases it would ultimately be admitted that
the course which the government had taken was such as
the house and the country would approve.
Lord R. CECIL did not think, however able and loge-
;lions, that the explanation of the Attormy•Geoeral would
be satisfactory to the commercial community of the country,
whom interests were compromised by the course of &Moe
adopted by the United States. They bad often to complain of
the practice of the governmot—menetimes by withholding all
information from the cogniaance of the house to the utmost
possible extent, and thereby neutralising that prerogative of
supervisioe which, as one of the attributes of the house,
they should cherish ; sometimes by refusing, sometime by
delaying, papers ' • sometimes by giving unintelligible
answers to Titania' which were subsequently contradicted
elsewhere. The Attorney-General had done it effectually,
but with mare ingenuity when be declined to go into the
evidence bow this property had been noised. It was quite
obvious that however accurate the law laid down by the
tnbunali of the United States might be, if they chose to
stretch the facts to meet their law, they might commit say
amount of injustice on the properly of their merchants.
He should have s poor opinion of the acumen of the
goverrmat of the United States if they gave us falai law,
when it was so much easier to have recourse to false facts.
(Hear.) He wanted to me some of the energy displayed
at Kagceiroa applied 'to the murder committed by
an officer of the United States. (Hear, hear.)
Now, they must not run away with the idea that
thy. could take this case in se isolated way. They must
not imagine that they could bore down towns at one sod of
the world for the murder of • British subject, mid be satis-
fied with polite expremions on the other rn a similar ems of
murder, without foreign nations observing the contrast.
(Hear, hear.) The cockiest between the ordinary policy of
this country to America, and perhaps he might add to
other powers, such as Russia, and the policy they bad pur-
sued in the Fist, had created a most bitter feeling of con-
tempt amongst those who criticised them abroad. (Ham.)
Colonel SYKES said that bevies bees applied to by the
relatives and fraud' of the mate who was en cruelly mur-
dered on board the Saxon, he had obtained all the depots.
time that were made in that cam, by which it appeared
that when that Yeast was seized by the crew of the Van-
derbilt, so far from having on board contraband of war, she
bad oaly a cargo of skins and fins. It appeared by the
deposition that the Saxon was lying off &ogre Famine,
Dear the Cape of Good Hope, when she was boarded by an
armed boat's crew, commanded by Lieutenant Dampen,
the captain was ordered into his own cabin, and • sentry
placed at the door, while the crew were ordered below.
There remained as deck only the unfortunate man Grey,
the mate. He was approaching the poop to speak
to Doneghan when he was roughly ordered down
the steps by him. Grey appeared to have made
no reply, when thelorder was repeated, Doneghan this time
saying, 'lf you do not go down I will shoot you." At the
same time • push was given to him. The ooneriqueace was
that Grey stumbled, and before he could recover himself
Doneghan pulled out a revolver and shot him. (Hear, ban.)
It was proved on an examination of the body after death
that the ball had entered the back of his neck, so that the
unfortunate man was not even presenting a front, much
lees a hostile one, to his murderer. Moreover, ha, with the
rest of the crew of the Saxon, was totally unarmed, which
made the act of murder me of the meat atrocious ever com-
mitted. When Captain Baldwin became acquainted with
the circumstances dad he take any steps to arrest the mur-
derer No. The body was ordered to be Wien
ashore, but with a want of courtesy which was, in his
opinion, perfectly disgraceful none of the crew were per-
mitted to accompany it. That statement had been seat to
him by the relatives of the unfortunate man, coreplsiniog
of the lose which his family had sustained, and sinking for
redress and recompense. That letter he instantly sent to
the Foreign-office, and he must say that, to the honour of
the gable earl at the head of that department, he received
an tamer the next day, stating that if the statements in
the depositions were to be relied upon, a most cruel murder
had beep perpetrated, and that the offender ought to be
tried for it. (Hear, hear.) The noble earl added that the
matter had already attracted the attention of the British
government, and that it was then under the con-
sideration of the law officers of the crown. He
(Colonel Sykes) certainly thought that no apology
ought to have been accepted for such an act as that
he had detailed to the house, but that the government
should have bees Mailed with nothing short of the trial
of the !muddier. (Hear.)
_ _ .

Sir J. ELPHINS.TONE. repeated the circumstamme of
the murder, and mid that so far from there being the
least suspscion about the vowel, she bad remained oa that
station eleven days, whereas if she bad carried 000trabend
of war, the captain would have been may too anxious to
get away as quickly as possible. It WY very true that
Captain Baldwin bad apologised. and so bad the Lieutw
MA/ of the Vanderbilt—especially Donee= himself, he
giving the puerile excuse that when he had a re-
volver in his band he was • very hasty man. Was
that to be held em an excuse for murdering a British
subject? Captain Baldwis would have shown more Ma-
way had be ordered the lieutenant into arrest, and by not
doing so be bad placed himself in the position of a pirate
sad en accomplice in the murder. In former times the cap-
tain of • British tnerchaettuan had appeared at the bu of
this bowie with his ears in his hands, he baring been de-
nuded of them by pintas on the Spanish Main; but although
they were repudiated by the Spanish government, the
atrocities committed led to a war in which the honour of
England was fully vindicated. IHar, hear.)
Mr. C. BENTINCK charged the government with doing
everything in its power to stifle discussion on this
subject, and he called particular attention to the
case of the Springbok and the judgment delivered in it by
Judge Bette.
Mr. CRAWFORD did not think the hoc. and gallant
member for Portsmouth could have read the depositions
carefully when he said be expectwithat the officer Dome.
ban, who soot the mate of the Saxon, would !have been
, placed under arrest, because one of the witnesses mid he
asked the officers on board where Donaglion was, and he was
told that he was under arrest, If they found one inaccu-
racy in the statement made upon • matter of this kind,
which excited so much feeling, he thought that some distrust
might reasonably be eatertained of the correctness of the
whole statement. The hoc. gentleman opposite had ap-
pealed to him to state whether, according to his mercantile
experience, invoices were sent with vessels, adding he was
informed that generally they were not. Now, his asps-
rioOCC wee entirely the reverse of that. (Hear, hoar.)
Many members in the house would readily confirm what
he stated. 'The noble lord the member for Stamford mid
that the mercantile community would not be satiated with
the ingenious statement of the Attorney-General. He
did not know by what authority the noble lord spoke
for the commercial community. Representing a large
commercial community himself, ha did not think
that the noble lord was the person whose advice
such • community would take, or by whom they would
wish to be rogossootod. (Hoar, Loaf.) Tin mean. is