Lord Lyons to Mr. Seward.

Sir: I have the honor to submit to you copies of a letter and its enclosures, which have been received by her Majesty’s principal secretary of state for foreign affairs, from Mr. Grazebrook, of Liverpool, owner of the steamship Dolphin.

I am directed to state to you that it appears to her Majesty’s government that three questions arise concerning the seizure of this ship.

1st. The seizure itself.

2d. The manner in which it was effected.

3d. The manner in which a portion of the crew were treated by the captor.

As regards the first question her Majesty’s government observe that, so far as an opinion can be formed from the paper laid before them, the Dolphin appears to have been improperly seized; and her Majesty’s government have accordingly commanded me to apply to the government of the United States for the release of the vessel, unless some valid ground for taking her before the prize court shall be assigned.

The second question is, however, in the opinion of her Majesty’s government, of a far more serious character. It would seem that the United States ship Wachusett made use of the neutral port of St. Thomas as a place from which to capture vessels of another neutral state as they passed the limits of three miles from the shore of that port. Her Majesty’s government cannot but regard this as a very grave offence, and as a gross abuse of the power of a belligerent. It is identical with that committed by the United States ship Tuscarora at Madeira, which I brought to your notice in the note which I had the honor to address to you on the 4th of February last, and which, in your note to me of the 23d of the same month, you characterized as censurable.

The third question, viz: the taking out of the Dolphin sixteen of her crew, and treating them as prisoners of war, appears to her Majesty’s government to be an additional injury inflicted upon neutral rights. Her Majesty’s government consider that such a course could only be justified by a well-founded apprehension, on the part of the belligerent, that the crew of the captured vessel were about to overpower their captor and to escape with their vessel. But her Majesty’s government have no reason to suppose that any such justification existed in the case of the Dolphin.

It appears, therefore, to her Majesty’s government that the conduct of the United States officers, in the last two particulars, has been in contradiction to the law of nations, and in violation of their duties to a friendly state; and her [Page 588] Majesty’s government confidently expect that the government of the United States will give that redress which the case seems to demand.

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

LYONS.

Hon. William H. Seward, Secretary of State, &c.

Mr. Grazebrook to Earl Russell.

My Lord: I have to call your attention to another flagrant outrage on British property by federal cruisers, as detailed in a newspaper paragraph herewith.

By the West India mail, reaching Southampton yesterday, I learn that on the 24th of March the United States ship Wachusett has captured my steamer Dolphin upon her leaving St. Thomas, West Indies, while on her legitimate voyage from Liverpool to Nassau, with a general cargo of merchandise on board.

I beg to hand you an attested copy of ship’s manifest, also ship’s bill of lading; copy of my letter of instructions to her commander, Captain R. H. Eustace, (original letter book, folio 697;) and copy of my letter of instructions to the agents for the ship, Messrs. Chambers & Raw, of Nassau, (original letter book, folio 690.) These documents will plainly prove the nature of her voyage, and that her destination was Nassau, New Providence.

As Nassau is a part of the British possessions, and no notification of the blockade of Nassau, or of the Danish island of St. Thomas, has yet been issued I have to claim the protection of the British government. I have to request you will inform me, by return, of the necessary steps to be taken by me to enable the British government to obtain her immediate release, with full compensation for the injury done to my trade and the insult to my captain and crew.

I am, &c.,

W. J. GRAZEBROOK.

Right Hon. Earl Russell, K. G., &c., &c., &c.

[Page 589]

Freight list of the “Dolphin” W. Eustace master, bound from Liverpool to Nassau, N. P.

No Shipper. Consignee. Marks and Nos. Description of goods.
1 Wm. J. Grazebrook Messrs. Chambers & Raw. E.G. 86-97, 98 12 bales, shirts, and gaiters, 1 parcel.
2 do do [o]1/8 3 cases of boots.
3 do do [w]83-88,90-95 10 cases and 2 bales cloth.
4 H. Grazebrook, sen., & Co do G[BG]14-19 3 cases and 2 casks hardware, 1 parcel & samples.
5 Wm. J. Grazebrook do T. 1-80 80 boxes of soap.
6 do do [EG]50-53 54-55 4 boxes and 2 bales clothing.
6 do do 36 barrels of salt.
7 do do (18 9]1-6 6 boxes of stationery.
7 do do [18 9]1-30 30 barrels of salt.
8 do do EG.H. 16-19 4 cases of hardware.
9 do do [J.B]100-103 4 cases of straw hats.
10 do do [ws.]1/3 3 cases of hardware.
11 do do GE.L 100-101 2 cases of hardware.
12 do do [No. 1 WSG]2-7 7 cases of hardware.
13 do do N. 1-42 42 cases of brandy.
13 do do M.A 1 case of whiskey.
14 do do [M]1-14 14 barrels of salt.
15 do do MB 1-9 9 cases of drugs.
16 do. do G[M] 1-10 10 barrels of salt.
16 do do M 347 pots.
17 do do [S] D 1-40 40 barrels of salt.
17 do do 525 pots, 1 hhd. hardware, 8,126 ovens, 6 boxes of tin ware.
17 do do [M]182 1 box of linen.
18 do do [W] 1/2 2 boxes of stationery.
18 do do L 8 quarter casks brandy.
18 do do O 10 barrels of salt,
18 do do W 1-10 200 boxes of soap.
19 do do D 6 trunks boots and shoes.
19 do do [JA]1/4 8-30 32-38 40-41 36 crates of earthenware.
19 do do [A] 37 coils of rope.
19 do do P 54 pots.
19 do do S 1 case pins, needles, &c.
19 do do [WSG]1 21 cases bonnets.
19 do do A 1-21 5 cases & 2 casks hardware.
20 do do TW. 169-175 24 bundles of spades.
20 do do T.W.1/2 40 cases of champagne.
20 do do 50 boxes of tea.
20 do do 35 cases of hardware.
20 do do 17105-17154 6 barrels of salt.
20 do do N.E
20 do do D[WG.] 20 cases of hardware.
21 do do [1]62-64 66-8 75 80-81 Two casks brushes, &c.
21 do do 83 85 8. F.W.
94, [H]1 25
1 case of hardware.
21 do do G.L1 1/2 7 bottles of quicksilver.
22 do do G.4[G04] 1/2 29 79-85 2 casks of fancy goods.