Mr. Seward to Lord Lyons.
My Lord: I have the honor to acknowledge the receipt of your lordship’s note of the 7th instant, which relates to the capture of the Clyde, a British schooner, in May last, by the United States ship Sonora. You inform me that the Clyde was taken into Key West, and that it has been reported to her Majesty’s government that the cause of the seizure was suspicion that she had, what your lordship calls, confederate property on board; and that you are, therefore, requested to inquire whether the government of the United States has decided not to adhere to the principles of maritime war which were adopted by the congress of Paris.
In a despatch sent to Mr. Adams, of the 7th of September, 1861, Diplomatic Correspondence, 1861, No. 83, he was authorized to say to her Majesty’s government as follows:
“Regarding this negotiation as at an end, the question arises, What, then, are to be the views and policy of the United States in regard to the rights of neutrals in maritime war in the present case? My previous despatches have no uncertainty upon that point. We regard Great Britain as a friend. Her Majesty’s flag, according to our traditional principles, covers enemy’s goods not contraband of war. Goods of her Majesty’s subjects, not contraband of war, are exempt from confiscation, though found under a neutral or disloyal flag. No depredations shall be committed by our naval forces, or by those of any of our citizens, so far as we can prevent it, upon the vessels or property of British subjects. Our blockade, being effective, must be respected.
“The unfortunate failure of our negotiations to amend the law of nations in regard to maritime war does not make us enemies, although, if they had been successful, we should have, perhaps, been more assured friends.”
The government of the United States still adheres to the policy laid down in the instructions which I have recited.
It has no special information of the grounds of the capture of the Clyde, and it is inclined to doubt the accuracy of the report to which your lordship alludes. To guard, however, against the possibility of misapprehension on the subject, a copy of that note will be transmitted by the Attorney General to the several prosecuting officers of the prize courts for their information.
I avail myself of this opportunity to renew to your lordship the assurance of my high consideration.
Right Hon. Lord Lyons, &c., &c., &c.