Mr. Seward to Lord Lyons.

My Lord: Adverting to your note of the 7th of May last relative to the case of the British steamer Adela, as well as to my subsequent notes to you in relation to that case, I now have the honor to enclose, for your information, the copy of a communication of the 26th ultimo, on the subject, from the United States attorney at Key West.

I avail myself of this opportunity to renew to your lordship the assurance of my high consideration.


Right Hon. Lord Lyons.

Mr. Boynton to Mr. Seward.

Sir: I have the honor to acknowledge the receipt of your letter of the 9th instant, together with a copy of the note of the British minister of the 17th instant, relating to the sale of the prize steamer Adela.

The case of the Adela was postponed for a long time at the request of the claimants, to enable them to introduce further proof from England. After the depositions arrived from England the hearing was again postponed some weeks, to enable Mr. Gerard, the agent of the owners, to be. present at the argument. After the hearing Judge Marvin intimated in court that the case was one which must be appealed to the Supreme Court for a final decision, and that neither party could be prejudiced by a decree of condemnation being rendered, and the claimants have leave to appeal without filing the usual appeal bond.

The suggestion seemed to be entirely satisfactory to all parties. The decree and order for sale was drawn by myself, and re-written by the claimant’s proctor here in conference with the agent from England. By the copy which I send you will see that the consent to sale was inserted by the claimants in the decree written by themselves.

An appeal was taken without filing a bond, in pursuance of Judge Marvin’s suggestion.

I believe the vessel was not sold, but was turned over to the government in accordance with the alternative provision of the decree.

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I am unable to see that any assurance given in your letter to Mr. Stuart, of the 13th of August, 1862, a copy of which was already in my possession, has in any sense been violated by the action of the court here.

I have the honor to be, sir, your obedient servant,

THOS. J. BOYNTON, United States Attorney, S. D. of Florida.

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


The United States } Prize.
The Steamer Adela and cargo.

Further proofs in this cause having been introduced by the claimants under the former order of the court, and the cause having been re-heard upon such further proofs, and upon all the proofs in the cause, and having been argued by the district attorney for the government, and by Walter C. Maloney, esq., for the claimant, it is now ordered, adjudged, and decreed that the said steamship, a vessel called the Adela, together with her tackle, apparel, furniture, and cargo, is good prize of war, and that the same be condemned as forfeited to the United States as such prize of war.

It is further ordered, by consent of parties, that the marshal transport the vessel and cargo to New York, and have the same appraised by C. Delano and Charles Copeland and Robert Mackie, and the cargo appraised by____ Howes, and ______ Hyatt, and that he turn over and deliver to the government, at the appraised value, without waiting for the appraisement to be acted on by the court, on the requisition of either the War or Navy Department, the vessel or any part of the cargo, and that he proceed to advertise and sell at public auction any part of the condemned property not taken by the government within forty days from the arrival of the vessel in New York, and that compensation of appraisers shall not exceed fifty dollars each.

It is further ordered, by consent of parties, that the claimant has leave to appeal from the decree of condemnation without filing an appeal bond.

WM. MARVIN, Judge.