Lord Lyons to Mr. Seward.
My Dear Sir: Being unable to wait upon you in person to-day, I think it right to send you without delay the subjoined extracts from a private letter dated yesterday, which I have just received by the afternoon’s post from her Majesty’s consul at New York:
“I have just returned from the prize commissioner’s office, having been requested by the district attorney to attend, if convenient, in reference to the mail bag of Peterhoff. After waiting there some time the district attorney and Mr. Evarts, counsel for the government, appeared and informed me that the court had directed that the mail parcels should be opened in order to see what letters were enclosed relating to the cargo on board the ship, and requested that I would open the packages and select such letters as appeared to me to relate to the cargo on board or to the consignees mentioned in the manifest, and to take charge of the residue with a view to forwarding them to their destination.
“With this application I refused to comply, protesting, first, against breaking the official seals of those packages; and objecting, secondly, to assuming the function, rightfully or wrongfully, of selecting letters to be retained, disclaiming, in short, all right to do so, and objecting to the whole proceeding.
“Upon this Mr. Evarts replied that he regretted that this should be the means of delaying the forwarding to their destination of letters that no one desired to retain here, and that it would lead to bringing the whole mail into court, and [Page 566] might prejudice innocent parties. I replied that if they thought fit to open the packages I should attend to witness (under protest) their examination, but, as I then regarded my duty, I could not consent to open them myself.
“After some conversation Mr. Evarts decided to replace the packages in the bag and leave it to the court to retain the whole mail, which would, nevertheless, be opened and examined by order of the court.”
Mr. Archibald, it appears, finally came to an agreement with Mr. Evarts to let the matter stand over until Monday, (the day after to-morrow.)
All these proceedings seem to me to be so contrary to the spirit of your letters to the Secretary of the Navy, of the 31st of October, that I cannot help hoping you will send orders by telegraph to stop them. I shall be much obliged if you will answer this letter as soon as you conveniently can, in order that I on my part may send instructions to the consul. I should have endeavored to see you and speak to you on the subject, instead of writing, had I not been, as you know, kept at home by illness.
I should also have liked to speak to you about information which has been given me that orders have been already sent hence to discharge the cargo of the Peterhoff at once, and take the vessel for the government service.
I cannot but fear that this order, if acted on, may add very materially to the gravity of any questions which may arise from the capture.
In haste, yours faithfully,
Hon. William H. Seward, Secretary of State,