Mr. Seward to Lord Lyons.
My Lord: I have the honor to acknowledge the receipt of your note of the 7th instant, remonstrating against the 2d section of the act of Congress, approved the 3d of March last, entitled “An act further to regulate proceedings in prize cases, and to amend various acts of Congress in relation thereto.”
In reply, I have the honor to acquaint you that the act referred to was not passed at the instance of this department. The Constitution of the United States confers a plenary power upon Congress to make rules concerning captures on land and water. The official opinion of the Attorney General has been requested as to the constitutionality of the section to which her Majesty’s government objects, and also as to whether it imparts an extension to the belligerent right of capture which is not warranted by public law. Deferring the further consideration of those questions until that opinion shall have been obtained, I have the honor to be, with high consideration, your lordship’s obedient servant
Right Hon. Lord Lyons, &c., &c., &c.