Lord Lyons to Mr. Seward.

Sir: I have the honor to transmit to you a copy of a despatch in which Commander Thrupp, of her Majesty’s ship Desperate, has reported to Vice-Admiral Sir Alexander Milne that a shot was fired across the bows of that ship from the United States ship Memphis on the 26th day of last month.

I have also the honor to transmit to you a copy of a despatch addressed to me by the vice-admiral, in which he points out that this is the third instance in which a shot has been fired across the bows of one of her Majesty’s ships by United States cruisers.

In compliance with the vice-admiral’s request, I beg to represent to you that it is of great importance that United States officers should refrain from a mode of giving a first indication of their wish to communicate with her Majesty’s ships, which appears to be opposed to recognized maritime usages, and to be inconsistent with the courtesy usually observed towards each other by the ships-of-war of friendly powers.

I cannot conclude without an acknowledgment of the friendly assistance which Commander Thrupp states, at the close of his report, that he received from Captain Turner, the commanding officer of the United States squadron off Charleston.

I have the honor to be, with the highest consideration, sir, your most obedient humble servant,

LYONS.

Hon. William H. Seward, &c., &c., &c.

Commander Thrupp to Vice-Admiral Sir Alexander Milne.

Sir: I have the honor to inform you, that when steaming along the land for Charleston, the fog was so thick that we could not see the blockading squadron until within three or four miles, when we counted eight steamers, anchored in line. We were steering, not towards Charleston, but direct for the nearest steamer. She weighed, and steaming towards us, fired a shot across our bows. I took no notice of the shot, but, as we passed her, we were hailed to know what steamer we were. I answered, and inquired which ship was the commodore’s. They told me the second ship, and the United States steamer Memphis, that fired a shot across our bows, turned round and steamed with us to the senior officer’s ship, the New Ironsides. Before anchoring I went on board of her and complained to Captain Turner, the senior officer, of the unnecessary and discourteous proceeding on the part of the officer commanding the United States steamer Memphis in firing a shot across our bows, seeing, at the time, we were steaming towards him, and had our ensign and a large pendant flying. He assured me that no insult was intended, and that the gun was fired to prevent our coming any nearer until we were boarded, and that, though we had the appearance of a man-of-war, they had lost so many ships by being courteous to apparent men-of-war. Vessels had hoisted English colors, and answered, when hailed, that they were English men-of-war, and afterwards fired into and sunk their ships; (he quoted a case in point, of the Alabama sinking the Hatteras, after she had said she was her Majesty’s steamer Vixen;) that now, unless they knew an English man-of-war by her having been with them before, they were forced to adopt the rough, uncourteous measure of firing across their bows.

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I told Captain Turner I did not see our case was at all similar, seeing that it was daylight, and the two ships within a mile of each other, close to his large squadron; also, that the shot fired did not stop us, nor were we asked to stop when hailed, and should, therefore, report the circumstances to my government. Captain Gordon, of the United States steamer Powhatan, the late senior officer of the squadron, who was present, said they had yet to learn that we were an English man-of-war; for all he knew, we might be the Alabama. They had certainly my word, also the outward appearance of the ship, but still no proof; their boat had not returned from boarding us; they had not seen my commission, (nor were they likely to see it.) He asked me to write a letter to Captain Turner, making the complaint, that the question might be settled, and the abuse of the English flag discontinued. I then stated that it was a question to be settled by our respective governments; I should send in my report, stating the whole case and circumstances to my own admiral, to which they both agreed.

But in making this report, I cannot conclude without mentioning that Captain Turner has behaved in a most courteous manner, giving us every assistance that we require, placing a man-of-war at our disposal, and towing our boat six miles to the edge of the reefs, letting her wait there to tow the boat back again, on her return from Charleston.

I have, &c.,

ARTHUR T. THRUPP, Commander.

Vice-Admiral Alexander Milne to Lord Lyons.

My Lord: I have the honor to forward to your lordship a copy of a letter I have received from Commander Thrupp, of her Majesty’s steamer Desperate, respecting a shot that had been fired across the bows of that ship, from the United States ship-of-war Memphis, on her approaching the blockading squadron, off Charleston, on the 26th ultimo.

This is the third instance in which a shot has been, in my opinion, unnecessarily fired across the bows of one of her Majesty’s ships by United States cruisers; and with every wish to avoid being too punctilious in the difficult and embarrassing circumstances in which the blockading ships are frequently placed, yet I cannot any longer pass over what would now appear to have become an established practice, and not a mere exceptional case, as your lordship will have inferred, from my despatch to you of the 17th ultimo, I was then disposed to regard that of the firing across Her Majesty’s steamer Vesuvius, off Mobile, in January last.

Your lordship is of course aware that not only is it not the established custom, but it is very unusual, even during war, to fire, in the first instance, a shotted gun towards a strange vessel; and it is only when such vessel has declined or shown a disinclination to communicate, or obviously disregard the warning gun, that a shot is fired ahead of the stranger.

In the case of her Majesty’s steamer Desperate, and that of her Majesty’s steamer Vesuvius, off Mobile, as well as that of her Majesty’s steamer Steady, off Charleston, (with which, however, I did not think it necessary, at the time, to trouble your lordship,) there was nothing in the circumstances attending the approach of her Majesty’s ships to warrant recourse to this extreme and unusual measure, of shot being fired toward ships of a friendly nation: they had their colors flying; they were steering for the ships of the blockading squadron, from which they were still at a considerable distance; they had evinced no inclination to avoid the blockading ships, or the vessel detached to communicate with them; [Page 531] and indeed their orders are most stringent to communicate invariably, as soon as possible, with the officers in command of the blockading squadron; and I am not aware that in these, or in any other instance, have officers under my orders failed to do so, or that they have exhibited any inclination to cause inconvenience to the officers in command of the United States ships-of-war, or offered difficulties or obstructions to them in the performance of their duties. I should be obliged, therefore, if your lordship would take an opportunity of suggesting to the United States government how important it is that their officers should refrain from a persistence in this unusual mode of giving a first indication of their desire to communicate with her Majesty’s ships approaching blockaded ports, as, even if other vessels adopt, or have had recourse to the use of foreign ensigns, or other means of deception, their having done so cannot be held to justify recourse to practices toward ships-of-war of friendly nations, which are opposed to recognized maritime usages, and to the courtesies generally observed between ships-of-war of different nations when meeting.

I have, &c.,

ALEXANDER MILNE, Vice-Admiral and Commander-in-Chief.

Lord Lyons.