Mr. Seward, to Lord Lyons.
My Lord: I have the honor to acknowledge the receipt of your lordship’s note of the 1st instant, which relates to the seizure of the British schooner Mont Blanc, at Sand cay, Bahama bank, on the 21st day of December last.
When this case was first brought by you to the notice of this department I called upon the Secretary of the Navy for information, which resulted in a confirmation of your lordship’s representation, that the Mont Blanc was seized while at anchor and when lying within one mile of the shore, in waters of which Great Britain claims jurisdiction. The vessel having been carried into Key West for adjudication, the attention of the district attorney there was directed to the case. That officer, on the 2d of February last, reported to me that he had consented to the dismission of the libel against her, and procured her restitution to the [Page 590] master and claimant, for the reason that the evidence and statements of all parties left no room to doubt that the place where she was seized was within British waters. The fact of this restoration was made known to your lordship by me in my note of the 11th of February last.
It seemed probable, at that time, that the master and claimant might have waived any further claim by assenting to the disposition of the case which was thus made, without insisting upon a continuance of the case for the purpose of obtaining an award of damages. In your note now before me, however, you state that her Majesty’s government expect that the government of the United States will make some compensation to the owners for the plain wrong done to them. I have submitted this claim to the President, and am authorized to say that he admits that, in view of all the circumstances in the case, such compensation ought to be made. The Secretary of the Navy will, therefore, designate some person at or near Key West to confer with such person as her Majesty’s authorities may appoint, to ascertain and agree upon the damages to be thus paid; and the President, upon their report, will ask an appropriation of Congress for the discharge of the claim at their next session.
I must attribute these proceedings of Commander Collins, of the Octorora, in making the seizure, to mere inconsiderateness. I can, therefore, hardly believe that it is necessary to renew, as you propose, the instructions which, before that time, had been given to the United States navy, to abstain from seizures in neutral waters. Nevertheless, the President, being sincerely desirous to avoid the exercise of any questionable belligerent rights against Great Britain or any other maritime power, has thought proper to direct that the attention of the officers of the navy shall be distinctly called to the instructions which were mentioned in my note to you of the 8th of August last, and that they be expressly enjoined to rigidly observe and conform to the same. With a view to this effect the Secretary of the Navy has been directed to make known to Commander Collins that, by his seizing the Mont Blanc in British waters and at anchor, he has incurred the disapprobation of the President, and that any repetition of such proceedings will be visited with more severe and effective censure.
I have the honor to be, with high consideration, your lordship’s obedient servant,
Right Hon. Lord Lyons, &c., &c., &c.