Mr. Seward to Lord Lyons.
My Lord: With reference to Mr. Stuart’s note of the 25th ultimo on the subject of the destruction of the British ship York, stranded on the coast of North Carolina, in January, 1862, by order of the commander of the United States steamer Albatross, I have to remark that there are circumstances connected with the case which require further explanation before the liability of this government can be acknowledged.
In the first place, the York is represented to have cleared from Valencia, in Spain, with a cargo of stone, for Lewistown, in the State of Delaware. It is very unusual, if not unprecedented, for a vessel with any cargo to make a voyage between those ports, and as Lewistown could not be expected to afford a return cargo, full and distinct explanations as to the reason for undertaking such a voyage will be looked for.
In the next place, the wind at and about the time the vessel was stranded, was such, according to proof in the possession of this government, that it is thought improbable that a vessel bound on an honest voyage, between the points referred to, could have so far deviated from her course as to run aground at the place where the York stranded. It is conceived that these were circumstances of suspicion that warranted the commander of the Albatross in the opinion that the York repaired to the coast of North Carolina for the purpose of violating the blockade. Supposing, however, that these circumstances should be adequately explained, this government could scarcely be expected to accept the estimate placed upon the value of the wreck of the York by the papers which have been presented.
This value could not exceed that of the materials in a market where there certainly was little or no demand for them. The proof offered as to the value is that of persons in rebellion against the United States, who, in a case of this character, cannot be regarded as credible or disinterested witnesses.
If it shall be made to appear that the York was bound on an honest voyage, was compelled by stress of weather to deviate from her course, and in so doing was involuntarily stranded, there will be little hesitation in acknowledging the accountability of this government for the value of the wreck in the market [Page 705] where it is supposed it might have been sold. In the present situation of the case, however, that acknowledgment must be suspended.
I have the honor to be, my lord, your very obedient servant,
Right Hon. Lord Lyons, &c., &c.