I am directed to bring the case of these gentlemen before the government
of the United States, and to say that the treatment to which they have
been exposed appears to her Majesty’s government to have been wholly
unjustifiable; and that for the damages resulting to the firm by which
they were employed, as well as for the personal injury inflicted on Mr.
Redgate by his protracted
[Page 586]
imprisonment at New York, her Majesty’s government consider full
reparation to be due by the government of the United States.
I have the honor to be, with the highest consideration, sir, your most
obedient, humble servant,
Hon. William H. Seward, Secretary of State, &c.
[Untitled]
17 and 18 Clement’s Inn, West Canada,
April 21, 1863.
My Lord: Messrs. Galbraith, Redgate &
Co., of Thread needle street, London, and of Glasgow, merchants,
have requested us to give intimation of the improper detention of
their Mr. Redgate and Mr. Ellsworth by the federal government of
America, and the very serious damage suffered by them in
consequence.
The firm of Messrs. Galbraith, Redgate & Co. consists of Mr.
Galbraith, Mr. Redgate, and Mr. Ellsworth, carrying on business as
merchants and commission agents, under the style of Messrs.
Galbraith, Redgate & Co.
Messrs. Galbraith, Redgate & Co. had proposed carrying on
business in Matamoras, under the style of J. T. Redgate & Co.,
and arrangements were made for the shipment and consignment of large
quantities of merchandise to the firm there.
Mr. Redgate and Mr. Ellsworth took passage in the Peterhoff for
Matamoras for the purpose of opening their house of business there.
Mr. Redgate had the charge of the interest of the shippers by this
steamer.
The Peterhoff left London on her voyage to Matamoras on the 10th of
January last. On the 25th of February she was taken by the
Vanderbilt, of the United States navy, and Mr. Redgate and Mr.
Ellsworth were detained as prisoners. Your lordship is already
acquainted with the circumstances of the unlawful seizure of this
vessel.
On the 25th of March Mr. Ellsworth was allowed to proceed, but Mr.
Redgate was detained in custody, and was only released at New York
on the 1st of April, having been subjected to close imprisonment and
to great personal annoyance.
Mr. Redgate, having been resident in Matamoras, has a thorough
knowledge of the business carried on in that city, and his presence
at Matamoras was absolutely necessary for the purpose of Messrs.
Galbraith, Redgate & Co.’s business, they having entered into
many engagements on the faith of his reaching Matamoras in due
course.
Messrs. Galbraith, Redgate & Co., in the beginning of March, and
before the seizure of the Peterhoff was known, chartered the King
Oscar to sail from Liverpool to Matamoras, and they had made large
purchases of merchandise for shipment by her. They had also made
arrangements for the receiving on consignment large quantities of
merchandise, none of which goods were contraband of war.
They had, also, made arrangements for the shipment, by vessels to
follow, of further goods for sale by the firm in Mexico. Besides the
above, Mr. Redgate had entered into an agreement with the shippers
of the Peterhoff, and with others who had arranged for the despatch
of merchandise by the steamers which were to follow the Peterhoff,
that he should superintend the sale or exchange of the goods on
commission. The seizure of the Peterhoff and the detention of Mr.
Redgate has disarranged the plans of the shippers. Messrs.
Galbraith, Redgate & Co. are losers of the commissions which
would have been payable to Mr. Redgate; and the King Oscar,
chartered by them, has been detained here
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under heavy demurrage, and not one-fourth of
the cargo of merchandise which would have been obtained, had Mr.
Redgate and the Peterhoff been allowed to proceed, can now be
procured.
From the above facts, your lordship will not fail to observe that
Messrs. Galbraith, Redgate & Co. are damaged to the extent of
many thousand pounds by the unjustifiable seizure of the Peterhoff,
and the detention and imprisonment of Mr. Redgate and Mr. Ellsworth;
and we humbly request that your lordship will give the necessary
instruction to obtain some compensation from the American government
for the losses sustained through their wrongful acts.
Should your lordship require further information with regard to the
claim of Messrs. Galbraith, Redgate & Co., may we ask your
lordship to give an appointment for Mr. Galbraith and ourselves to
wait upon your lordship ?
We have, &c,
Earl Russell, K. G., &c., &c., &c.
