Treason Hearing for James McKay of Tampa

     Captain James McKay was born in Scotland on May 17, 1808.  He left Scotland as a young man and became a mariner and spent most of his time at sea.  Captain McKay, his wife Matilda, and their four children, George, Sarah, James and John, immigrated to the United States in 1846. Later that year, they moved to Tampa where McKay opened a general store and a sawmill.  He also invested in local real estate and purchased two schooners that he used to transport cargo from Tampa to Cuba, Central and South America. In 1858, Captain McKay began purchasing herds of cattle to transport to Cuba.  He became a most respected resident. They had four more children, Donald, Marion, Matilda and Almeria.  Captain McKay was elected Mayor of Tampa on February 12, 1859.  Tampa, under McKay’s leadership rented Fort Brooke until April 1861 when Confederate troops occupied the fort and declared marshal law in Tampa...

      In October 1861, Captain McKay was on board his steamer, the Salvor.  In Havana, Cuba, he "sold" the Salvor to Mr. John McLenan who renamed the vessel the M.S. Perry.  You will see evidence that the M.S. Perry was supposed to be bound to Nassau, Bahamas, from Havana, Cuba.  The ship was flying the British flag and the question arises "did the U.S. Navy violated neutrality by ceasing a British ship, the ship on which James McKay was a passenger?"  To further complicate matters, McKay had contracts with the United States Army.  This evidence is brought out in the hearing.

About the Video

The video is of the "living history" Admiralty Court hearing for James McKay (of Tampa).  McKay was arrested in mid-October, 1861, and charged with treason.  His case was actually sent to the Federal Grand Jury in Key West.  McKay was imprisoned at Fort Taylor at Key West pending the grand jury session..

View the Video

We created a complaint hearing (U.S. District Judge William Marvin’s admiralty court).  This was added in order to present the spectators with the story of James McKay in this Tampa Bay area historical event.  We also have McKay present during the hearing.  These two items are the only main deviations from the actual course of McKay's run through the justice system during the American Civil War. 

The remainder of this event is based on known records using a "theatrical license" to bring to light and connect these events and present them in a timely manner.  We used various copies of documents and letters taken from official sources as supporting evidence.  Where possible, we used the actual names of the people involved in this event as well as the ships names and manifests.

After the trial there was a post-hearing presentation to the spectators on the outcome of the fate of James McKay.  This is also on the video which was video taped at Heritage Village, Largo, Florida on October 17, 2008.

Witness Tiff at McKay's hearingMcKay testifying at his hearing The prosecutor at the McKay hearing