The Sun.
London, England, 1861-11-25 00:00:00

THE CAPTURE OF THE HARVEY

BIRCH.

OFFICIAL PROTEST OF CAPTAIN NELSON,
On Saturday Captain W. H. Nelson, late corn
mander of the American ship Harvey Birch, made
the following protest at the United States Con-
sulate-office, Gracechurch-street, City, respecting
the capture and destruction of his ship :
"I, William Henry Nelson, of the city of New
York, in the United States of America, master
mariner, do solemnly, sincerely, and truly swear
that I sailed from the said city of New York on
the 20th day of September last, as master of and in
the ship Harvey Birch, of New York, a ship owned
and registered in New York in conformity with the
laws of the United States, bound for the port of
Havre de Grace, in France, with a cargo consisting
of wheat. About the 9th day of October I arrived
at Havre, and having discharged the cargo of my
ship and ballasted her, I sailed in her again for the
port of New York on the 16th of November, first
having received the register, crew-list, articles, and
all papers belonging to the ship in proper form
from the United States consul there. On the morn-
ing of Tuesday, the 19th, the ship then being in
about lat. 49 6 N., long. 9 52 W., a steamer was
made out bearing for the Harvey Birch, which on
getting nearer was found to be an armed vessel,
and hoisted at the peak the flag of the so-called
Confederate States; and when within hailing a
person on board, who I learnt was the captain,
hailed my ship, saying, Haul down your colours
and heave the ship to,' the ensign of the United
States being at this time set at the peak of my
vessel. This order was complied with, and I then
received the order, Lower your boat and come on
board,' which I also complied with, taking my
ship's papers with me. On arriving on board the
steamer, I was introduced by the first lieutenant,
by name Fauntleroy, to Captain Pegram, as com-
mander of the Confederate States steamer Nashville,
to whom I produced all the papers of my ship for
examination, to show that I was engaged in legal
trade. Captain Pegram took the ship's papers, he did
not return them, and still holds them, and then told
me that he should hold me a prisoner of war by
authority of the Confederate States. He then told
me I might go on board my ship, and I was ordered
to send my crew on board the steamer as quickly as
possible. I returned to my ship, and at once made
preparations to leave her, but orders were re-
peatedly given from the steamer to bring up, and
sufficient time was not given to enable either my-
self or my crew to get our effects out of the ship.
The second lieutenant, with other officers, came on
board the ship and took charge of her, and orders
were given to seize fresh stores, &c., and in conse-
quence thereof, all the fresh meat, "poultry, pigs,
eggs, and butter, were taken out and put on board
the steamer, and especially it was ordered that the
oil, tea, coffee, and .sugar, should be put on board
the steamer, which was done. When all this had
been accomplished, the crew left the ship by order
of the; second-lieutenant, I being last on board,
leaving the second lieutenant and his boat's crew
charge of the ship. After arriving on board the
steamer, we saw that the Harvey Birch was in
flames, and the secon I lieutenant returned on board
the steamer with his boat, which was secured, but
the ship's quarter-boats, which had been used in
communicating, were cast adrift. Captain Pegram
now said, " Now as it is all over, we will give her a
gun,' or words to that effect, and a gun was dis-
charged at the ship, but without apparently hitting
her. The steamer was then put on an easterly
course, the screw of the ship having previously
been put in irons, I, with my officers, was sum-
moned to the captain's cabin, and there signed, at
the request of the captain, a document stating that
their custody, he having stated that 1 and my we would not take up
offi-
cers should have our liberty on board when we had
frequently told that an oath
signed it. I was
would be exacted of us not take up arms against
the Confederate States' before I could be libe-
rated, against them while in
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pense, and landed my crew in Southampton Docks
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of by the United States consul there. Repeatedly
while on board the steamer, in conversation with
her officers, I was told that she was not fitted out
as a vessel of war, that she was on a special mission
to England, but naval officers were in command of
her. I was told by one of the crew that the crew
originally signed articles at Charleston, South Caro
line, to go to Liverpool, but before sailing the
officers were all changed, and new articles were
brought on board, which the crew were compelled
to sign by threats of force. I was also informed
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that the crew was composed of English and Irish.
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