Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-eighth Congress, Part I
Lord Lyons to Mr. Seward.
Sir: With reference to my notes of the 26th ultimo and 2d instant, and to the note which you did me the honor to address to me on the 28th ultimo, I think it right to furnish you with copies of a despatch and its enclosures, which I have received from Vice-Admiral Sir Alexander Milne, relative to the capture of the British steamer Peterhoff.
I have the honor to be, with the highest consideration, sir, your most obedient humble servant,
Hon. Wm. H. Seward, Secretary of State.
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My Lord: I have the honor to forward a copy of a despatch I received yesterday from Captain Tatham, of her Majesty’s steamer Phaӕton, the senior officer on the Barbadoes division, and of its enclosures, relative to the capture of the British steamer Peterhoff off the harbor of St. Thomas, bound, it is stated, to Matamoras, by the United States steamer-of-war Vanderbilt, on the ground of the informality of her papers.
As the question will become a prize court case, I do not feel called upon to offer any opinion, with the insufficient data with which I am furnished, as to her papers, &c., beyond remarking, that it would appear that the Peterhoff was chased from a neutral port, and captured on the same day, the belligerent captor making the neutral port a position from whence to watch neutral vessels; nor do I feel called on to express any opinion as to what passed on the subject between Rear-Admiral Wilkes and Captain Tatham, as neither complain of a want of due courtesy.
Your lordship will observe that Captain Tatham has sent a copy of the enclosed despatch direct to the admiralty.
I have, &c.,
Lord Lyons.
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With reference to the enclosed letters, I have to acquaint you that shortly after Admiral Wilkes had anchored, this day, at St. Thomas, I waited upon him, and I think it my duty to report the following portion of our conversation.
I told Admiral Wilkes that the capture of the Peterhoff had caused much alarm and excitement at this port, and asked him to be good enough to tell me any particulars he might think proper to inform me.
Admiral Wilkes said her papers were informal, and that his cruiser had sent her for judgment; if found innocent, she would be released and her expenses paid. * * * * * * * *
Our conversation then took a general turn, and of the most friendly description. On leaving Mr. Wilkes I informed Mr. Ball, the acting consul, that the Peterhoff, commanded by Stephen Jarman, R. N. R., had been captured and sent for adjudication from the informality of her papers.
The consul then referred to the gentlemen in his house, and they both declared [Page 543] that the Peterhoff had all her papers correct; that she had cleared for Matamoras, and had passengers with passports from the Mexican consul in London; that the Peterhoff coaled, but took in no sort of cargo at St. Thomas, and that she left the harbor with knowledge that she might be searched.
I felt it my duty to place on record my opinion to Admiral Wilkes, but I have no data to carry on further correspondence, and this must be reserved for the respective governments.
The capture was made beyond the Danish waters, but I believe his excellency the governor will be in correspondence on this case, as clandestine signals are said to be established with the United States vessels from the hills; and the harbor of St. Thomas is made available for coaling, and surveillance of neutral trade to its injury if such captures as the Peterhoff are continued.
I have, &c.,
[Untitled]
Sir: I beg to call your lordship’s attention to a report in circulation, that yesterday, 25th instant, the United States steamship-of-war Vanderbilt, Commander Baldwin, after having communicated with United States Admiral Wilkes, when in this harbor, proceeded out to sea, and at some distance, and within sight of this port, detained, seized, and placed a prize crew on board the British steamer Peterhoff, of London, ordering her to a port in the United States. The Peterhoff had left this harbor on the same day, bound to Matamoras, Mexico, with a general cargo from London, and had come here for a supply of coal.
I have to request that your excellency will inform me if any reliance can be placed in the above report, and any other information which your excellency can furnish me will be thankfully received.
I have, &c.,
The President and Vice-Governor, &c., St. Thomas and St. John’s.
[Translation.]
With reference to the consul’s honored question in his communication of 26th ultimo, regarding the fate of the British steamer Peterhoff, which vessel, according to a current report here, has probably been captured by the United states war steamer Vanderbilt, it is hereby communicated that the American consul, J. T. Edgar, to whom application has been made, with the request to give the Presidency the explanations in this case, which he might have it in his power to render, has written the Presidency under 28th ultimo, that he has not received any communication from the commander of the Vanderbilt, and that it is not in his power to give any explanation with regard to the said report.
Captain Tatham to Rear-Admiral Wilkes.
Sir: With reference to your verbal explanation, on the capture of the British steamer Peterhoff, in sight of this harbor, on the 25th of February, by the United States steamship Vanderbilt, which left this port apparently under your orders and instructions for that purpose, I have the honor to acquaint you that, after full inquiry of the British acting consul at this port, I am instructed that the papers of the Peterhoff were not informal; that she was cleared for Matamoras, and that her passengers had passports obtained from the Mexican consul in London.
You were kind enough to inform me that if the capture was found illegal the Peterhoff would be released; but, sir, I may be permitted to express my regret and fear that in this case an innocent vessel has been sent for judgment to the injury and alarm of commerce.
I cannot conclude this letter without thanking you for your courteous reception, and assuring you that I have not the slightest desire to interfere with the fullest exercise of belligerent rights on the high seas.
I have, &c.,
Rear-Admiral Wilkes, &c., &c.
Rear-Admiral Wilkes to Captain Tatham.
Sir: I have just received your communication of this date, and, in reply to its contents, beg leave to say that you have misunderstood me if you interpreted my observations relative to the Peterhoff as a “verbal explanation on her capture.” I expressly forebore any conversation on the subject, and from no reason whatever than that it was a subject on which I did not permit myself to speak. In your inference that the capture was made, I gave you no grounds, neither can I consider it of any moment what the British vice-consul’s inquiries may have led him to infer, or to instruct you as to the Peterhoff’s papers. If the Peterhoff should have been sent in for adjudication, the courts will decide these points; and I have every reason to believe that should such have been the case, it will be found that there was ample ground for so doing, in the exercise of the belligerent rights now existing on the high seas.
Reciprocating your courteous expressions, and the pleasure of having made your acquaintance, I am, &c.,
Captain Edward Tatham, Senior Officer, Barbadoes Division.