Mr. Seward to Lord Lyons.

My Lord: Referring to your note of the 29th of April last, relative to the capture of the British steamer Dolphin by the United States ship Wachusett, and to my reply, I have the honor to enclose to you the copy of a communication of the 31st ultimo, addressed to this department by the Secretary of the Navy, which, it is believed, will be satisfactory.

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

WILLIAM H. SEWARD.

Right Hon. Lord Lyons.

Mr. Welles to Mr. Seward.

Sir: In a communication of her Majesty’s representative, Lord Lyons, on the 29th of April last, a copy of which you did me the honor to transmit to this department on the 1st of May, complaint is made of the capture of the steamer Dolphin, and of the severe treatment of some of the officers of that vessel, particularly the chief engineer, who was put in irons, by the prize officer.

The court, the proper tribunal, has passed upon the validity of the capture of the Dolphin, and I have the honor to enclose to you a copy of the report of Acting Master Muldaw, who has recently returned, in relation to the conduct of the officers of the Dolphin, which compelled him to adopt rigid measures for his own security and the safety of the vessel intrusted to him. The necessity of extreme vigilance on the part of the officers in charge of the persons captured in attempts to violate our laws, evade the blockade, and furnish assistance to the insurgents, who are making war on the government, is great. These persons, engaged in illicit traffic and communication with rebel enemies, appeal to her Majesty’s government when detected, and protest, with asseverations of injured innocence, against the treatment they receive. But we know, when, from mistaken confidence, our officers have relaxed their vigilance, and the prisoners have risen upon the prize crew and seized the captured vessel, there has been no relief to them in the British courts for mistaken kindness towards those whom they favored, and who took advantage of the favor extended.

The statement of Acting Master Muldaw will, I trust, prove satisfactory. He would not, I think, exercise severity without cause, and I cannot but approve his activity, vigilance, general intelligence and deportment, as an officer and gentleman, so far as they have come to my knowledge.

Very respectfully, &c,

GIDEON WELLES, Secretary of the Navy.

Hon. William H. Seward, Secretary of State.

Mr. Muldaw to Mr. Welles.

Sir: I have just received your communication of the 13th instant, enclosing a letter to the department from Lord Lyons, in relation to the treatment of the [Page 685] officers and crew of the prize steamer Dolphin, and beg leave to submit the following statement:

First, in relation to confining the chief engineer. I was told by the cook that he intended to disable the engine, and open some of the sea-cocks, should an opportunity occur; so I gave an order to Mr. Messenger, the engineer I had with me, not to allow him, or the fireman belonging to the vessel, in the engineroom. As soon as he heard of this, he was very abusive to Mr. Messenger, telling him that, if they wished to take the vessel away from us, they could do it easy enough, and talking in such a way as to convince me that he meditated mischief. I then determined to confine him, which I did in the presence of the captain of the Dolphin, stating my reasons for so doing.

The captain states, in his protest, that he found his chronometers, charts and instruments missing. He threw them overboard himself thinking I would have to put back to St. Thomas with the vessel. He threw them overboard off the town of St. John’s, Porto Rico, and I had to bring the vessel to Key West, about 900 miles, without instruments or charts. I was entirely alone, having but two engineers with me, who were engaged most all the time in the engineroom. My men did get drunk on the champagne which was stored in the fore hold, notwithstanding I used every effort in my power to prevent it, both in closing and fastening the hatches, to severe punishments. I was nearly eight days on board the vessel, and had to be up all the time. I made up my mind there should be no Emilie St. Pierre case with the Dolphin. I could place no dependence on the men I had with me, but with two exceptions. I had the ship’s papers in my possession, which I put in a bag and hung on the binnacle, giving orders to the man at the wheel not to allow any one but myself to touch them, he being armed with a pistol and cutlass. And I ordered him not to allow any of the Dolphin crew to come to the compass, and to use their arms if occasion required. This is the only harsh treatment or cruelty that occurred on board the vessel, and this was absolutely necessary.

We had heavy weather, and got out of coal; so I had to put into Havana. I there reported all the circumstances to Admiral Wilkes. There is no doubt in my mind that the captain and officers of the Dolphin did intend to attempt a recapture; and I beg leave here to testify to the energy, zeal, and untiring efforts of Mr. Messenger, second assistant engineer, United States navy. I think to him is due great credit for his management of an old engine and a leaky steamer, under very trying circumstances.

Hoping my explanation will meet with the approval of the department, I am, very respectfully, your obedient servant,

H. W. MULDAW, Acting Master U. S. N. Late Prize Master, Steamer Dolphin.

Hon. Gideon Welles, Secretary of the Navy, &c.