Lord Lyons to Mr. Seward.
Sir: Her Majesty’s government have had under their consideration the note which you did me the honor to write to me on the 12th of May last, respecting the case of the Granite City, as well as the note which I had the honor to address to you on the 27th of the same month, relative to the case of the Tampico.
Her Majesty’s government observe, as to the first-named vessel, that as judgment appears to have passed by default, she would seem to be now legally condemned. But as regards both vessels, her Majesty’s government strongly object to their appropriation before condemnation, and cannot acknowledge the right of a law of Congress to set aside the law of nations upon this important question of neutral rights.
With respect to the detention of the whole crew of the Tampico, her Majesty’s government think it right to repeat that,” in their opinion, the practice of detaining whole crews of captured vessels for a considerable period is an abuse of belligerent power. Her Majesty’s government conceive that the proper course is to take, as early as possible, the depositions of the necessary witnesses, to detain them as short a time as possible, and not to detain others at all.
Her Majesty’s government desire me to represent most emphatically to the government of the United States that neutral subjects found on board neutral vessels are not in the category of prisoners of war; that the authority of the belligerents over them extends only to the detention of the witnesses necessary for the truth of the case; and that it is the duty of the belligerent to afford every reasonable facility for their early release, and, consequently, for the speedy taking of the necessary depositions.
I have the honor to be, with the highest respect, sir, your most obedient, humble servant.
Hon. William H. Seward, Secretary of State, &c.