Mr. Seward to Lord Lyons.

My Lord: Referring to your communication of the 26th ultimo, in which complaint is made of the firing of a shot across the bows of her Majesty’s ship Desperate by the United States steamer Memphis, on the 26th of February last, and to my reply, I now have the honor to enclose to you the copy of a letter of the 7th instant, from the Secretary of the Navy, on the subject, which it is hoped will be regarded as satisfactory.

I avail myself of this opportunity to renew to your lordship the assurance of my high consideration.

WILLIAM H. SEWARD.

Right Hon. Lord Lyons.

Mr. Welles to Mr. Seward.

Sir: I have the honor to acknowledge the receipt of your note of the 31st ultimo, covering the communication of Lord Lyons, and copies of the despatches of Commander Thrupp, of her Majesty’s ship Desperate, and of Sir Alexander Milne, complaining that the United States steamer Memphis, on the 26th of February, fired a shot across the bows of that vessel.

The rule in ordinary cases is, undoubtedly, as is stated by Admiral Milne, and the presumption is, that our ships of war, as a rule, conform to it; but there are circumstances attending a blockade rigidly enforced, like that maintained by our squadrons, which furnish extenuating circumstances that palliate, if they do not form an exception to justify, the seeming discourtesy. From the unceasing efforts made by reckless and unscrupulous parties to violate the blockade, the armed vessels are in the exercise of unremitting vigilance, and, that they may be always prepared, have all their guns shotted. The sudden appearance of a vessel “steaming along the land for Charleston,” as was the case of the Desperate, as reported by Commander Thrupp in his despatch, “the fog so thick that the blockading squadron could not be seen until within three or four miles,” left no time for preparation.

It must be borne in mind that blockade duty requires sleepless vigilance; and that of our officers is made more difficult from the courtesy extended to neutral relations of permitting their men-of-war to enter the blockaded ports. It is necessary that vessels approaching a blockading force should check their speed, and wait until the sentinel vessel is satisfied of their true character.

Commander Thrupp, if aware of these facts, does not seem to have observed them; and, while he refused to receive a disavowal of insult which was tendered him before he anchored, states that he passed the Memphis, which hailed him, without stopping; that he was told that it was intended he should come no nearer until he was boarded; that though he had the appearance of a man-of-war, we had suffered from courtesy to apparent foreign men-of-war; that vessels had hoisted English colors and answered, when hailed, that they were English men of-war, [Page 564] and afterwards fired into and sunk our ships, as in the case of the Hatteras.

These explanations and the distinct disavowal of insult were insufficient to satisfy Commander Thrupp, who denied that the cases were similar, seeing that it was daylight, and the two ships within a mile of each other; that the shot did not stop him; speaks of the “outward appearance of his ship,” his “ensign and large pendant,” &c.

Admiral Milne also states, “they had their colors flying; they were steering for the ships of the blockading squadron, from which they were still at a considerable distance,” &c.

It is well known that the English-built steamer Oreto, now called the Florida, in the month of September last approached the blockading force off the harbor of Mobile, under precisely the circumstances stated by Admiral Milne. It was in open daylight; she had the English flag and pendant; she steered directly for the blockading squadron, and the senior officer, in his desire to be courteous to an English man-of-war, failed to do his duty—permitted the vessel to approach him—and the consequence was, she passed him and entered the harbor of Mobile. The officer guilty of this neglect strove to vindicate himself on the ground that the piratical craft was an English-built vessel, with the English ensign, and all the outward appearance of an English man-of-war; and he found a willing witness in Commander Hewite, an English naval officer of Admiral Milne’s command, who obtruded the following letter to shield the officer from censure for remissness:

Her Majesty’s Steamer Rinaldo, “New Orleans, November 27, 1862.

“Dear Captain Palmer: Having heard, in conversation with you, that Commander Preble, of the United States navy, had been dismissed in consequence of allowing the Oreto to pass his vessel, she being at the time employed in blockading Mobile, I beg to offer the following remarks with regard to the Oreto, which you are at perfect liberty to use, should they be productive of anything that would tend to alleviate the censure cast upon Commodore Preble.

“When at Nassau in June last, we met the Oreto, and she was reported as an English despatch vessel by my signal man, as well as by others. She was painted like a British vessel-of-war; and on going on board, I found her fillings the same as our vessels of the same class. Had I met the Oreto at sea, armed and having a pendant, I should have taken her for one of our ships.

“Yours, very sincerely,

“W.N. W. HEWITE, “Commander R. N.”

I have taken occasion to allude to this subject at some length, and to cite this voluntary testimony from an English officer of Admiral Milne’s command, if I mistake not, in order that the commanders of English armed vessels may appreciate the watchful vigilance of our officers, and when approaching our blockading squadrons, that they may be admonished to exercise great caution, and to check or entirely stop their progress until the blockading force is fully satisfied of their true character. Greater vigilance is required as regards English men-of-war, from the fact that the piratical cruisers which are plundering our commerce, one of which, as stated, ran the blockade at Mobile under English colors, and the other which, off the port of Galveston, declared herself to be English, are both English-built vessels, and are understood to be manned almost exclusively by Englishmen. So in regard to almost every vessel engaged in the business of running the blockade, and conveying munitions and aid to the rebels, who are making war upon this government. With scarcely an exception, they are [Page 565] English vessels—many of them, as the Georgiana, the Bermuda, the Memphis, the Caucasian, &c., adapted for armament.

While, therefore, our officers will be enjoined to the observance of every courtesy, and to forbear, so far as they can, from the discourtesies complained of, I trust that her Majesty’s officers will duly appreciate the circumstances I have referred to, and, when approaching our blockading squadrons, bear in mind that our ships are on exacting and unremitting belligerent duty; that they have reason to suspect neutral vessels, especially those of English build and appearance.

The papers transmitted are herewith returned.

I have the honor to be, very respectfully,

GIDEON WELLES, Secretary of the Navy.

Hon. William H. Seward, Secretary of State.