Mr. Seward to Lord Lyons.
My Lord: In reply to the letter of this department, which was accompanied by a copy of your note of the 12th [18th] ultimo, and the documents therein [Page 519] referred to, relative to the capture of the schooner Elias Reed, the Secretary of the Navy states that, upon examining those papers, it does not appear to the department that they furnish proof in support of the claim made; that the master of the vessel represents that he was excluded from appearing as a claimant in the prize court, on the ground that he was an alien enemy, which he was by his own admission; that, as master, he was the most important witness on the examination in preparatorio; that he does not state in his answer to the interrogatories that the vessel was captured within British territorial jurisdiction; that it is not so stated by the other witness, (de Roediger,) whose deposition is exhibited; that it is to be presumed, therefore, that there was no testimony to that effect on the examination, although the master had the opportunity, in his answers to three separate interrogatories, to bring the point distinctly before the court; and that it was the only point on which he could hope to escape condemnation. Mr. Welles concludes by saying that no further report has been received from Commander Collins on the subject.
The documents which accompanied your note are herewith returned to you.
I have the honor to be, with high consideration, your lordship’s obedient
Right Hon. Lord Lyons, &c., &c., &c.