No. 22.
Lord Lyons to Earl
Russell.—(Received February 16.)
Washington,
February 1, 1864.
My Lord: I have the honor to enclose a copy
of a note from Mr. Seward, acknowledging the receipt of the note
respecting the killing of Mr. James Gray, first mate of the Saxon, a
copy of which was transmitted to your lordship with my despatch of
the 26th ultimo.
I have also the honor to enclose copies of a despatch from Mr. Consul
Archibald and its enclosure, referring to this shocking event, and
reporting the arrival of an agent to protect the interests of the
owners in the judicial proceedings at New York concerning the
capture of that vessel.
I have, &c.,
[Enclosure 1 in No. 22, Mr. Seward to Lord Lyons, printed
elsewhere in this volume.]
[Enclosure 2 in No.
22.]
Consul Archibald to Lord Lyons.
New York,
January 25,
1864.
My Lord: Referring to my despatch of
the 5th instant, I have the honor to report to your lordship
that Stephen Shephard, master of the bark Saxon, has arrived at
this port from Cape Town, to protect the interests of the owners
of the vessel who, having forwarded a power of attorney to Mr.
Charles Edwards to represent them, my interposition on their
behalf has been rendered unnecessary.
I am informed by Captain Shephard that the evidence of himself
and of his crew, in reference to the capture of the Saxon, and
the shooting of the chief mate of that vessel, was taken in due
form at Cape Town, and transmitted to England by her Majesty’s
ship Gorgon, which sailed from Cape Town about the last day of
November.
[Page 300]
I transmit, herewith enclosed, a copy of a letter this day
received by me from Mr. Charles Edwards, the counsel for the
claimants. In reference to the question of the seizure of the
Saxon while in British waters, (if the fact be so,) I presume
instructions from her Majesty’s government will be received by
the mail steamer China, due at this port in the course of the
present week. Meantime, any interposition on this ground of
claim, it appears to me, would be premature, and, indeed,
without any evidence on which to base it.
I have not as yet been able to trace the steward of the
Saxon.
I have, &c.,
[Enclosure 3 in No.
22.]
Mr. Edwards to Consul Archibald.
New York,
January 24,
1864.
Sir: Permit me to ask whether the
British government has sent on any instructions to claim
restitution of the British bark Saxon, seized by the United
States steamer Vanderbilt, at Angra Pequena, Africa, which place
I believe belongs to an independent chief, named David
Christian, and is close upon Penguin island, (within two miles,)
the latter being, as I suppose, British; and if so, then the
Saxon was seized in neutral British waters.
I am retained by the owner of the Saxon, but consider he
individually cannot take the benefit of seizure in neutral
waters, and that the government whose territory has been
infringed can alone do so, and therefore it is I respectfully
ask the above.
I have had to interpose the best claim I could; which claimants
of cargo are pressing for an adjudication.
If the British government really intends to demand or intervene,
then there is no time to be lost.
You were so obliging as to allow me a copy of an affidavit made
by the second mate of the Saxon, taken before you, showing a
seeming wilful shooting of her first mate by an officer of the
Vanderbilt, and I am trying to make use of it. But as this
deposition was not sworn to before any United States judicial
officer, it really cannot be used as evidence.
I have, &c.,
