[Accompaniment to note of the 18th July, 1863, omitted in former publication.]

Mr. Seward to Lord Lyons.

Mr. Seward to Senor Don Gabriel Garcia y Tassara

Sir: I have the honor to acknowledge the reception of your note of the 7th instant, which was delivered to me yesterday, together with its accompaniments, being communications with documents from her Catholic Majesty’s consul at Key West.

In these papers John J. Pearce represents himself to be a British subject, and master of the British steamer Victor. He also represents that the said vessel, being a neutral, engaged in a lawful voyage, without even contraband of war on board, was, on the 28th day of May last, brought to and captured within the limit of two and a quarter miles of the island of Cuba, and so within the unquestioned maritime jurisdiction of Spain, by the United States war steamer Juniata, Captain Stevens, and was taken as a prize into Key West. That the United States boarding officer who made the seizure, while engaged in the capture, conducted himself not only in a rude and extravagant, but in an illegal, manner; and that he stated to the aforementioned John J. Pearce, in justification of the seizure, that the orders of Admiral Wilkes were to detain and make prize of any English vessel that should come out from the Havana and should shape her course for Key West. It is also represented in the same paper that the captain and drew of the Victor were rigorously imprisoned at Key West, and that Mr. Maxwell, executive officer of the Juniata, having been presented to a certain Mrs. Beckwith, residing at Key West, stated to her that the capture was made two and a half miles from the coast of Cuba; but that, for the reason that this might give rise to a reclamation by the Spanish government, he had noted in the captain’s minutes that the Victor was taken at a distance of ten miles from the coast; which statement of Mr. Maxwell had been brought by the aforesaid female to the knowledge of Rear-Admiral Bailey and Captain Temple.

If these representations are true, then the capture and all the proceedings following it are not only illegal, but they are in violation of the sovereignty of Spain, and equally in violation of the known and express directions of this government. In that case they will be disavowed. The officers who committed them will be visited with severe punishment, and full satisfaction will be promptly [Page 388] awarded by this government to her Catholic Majesty’s government, together with indemnity to all the parties who have been aggrieved. This government will lose no time in inquiring into the truth of these representations,, and when the facts are ascertained I shall at once make them known to you, together with the decision of the President of the United States thereupon, for the information of your government.

In the mean time I have it in my power to relieve the case of its aggravations. Rear-Admiral Wilkes accidentally came into my chamber when I was reading your note. I submitted it to his perusal, and he informed me that no such orders as are there attributed to him were ever given by him or by his authority or permission. Although not specially informed of the capture in question, he has indirectly received some information on the subject, and his statements induce a presumption that other and material portions of the representations are erroneous.

I have the honor to be, with high consideration, sir, your obedient servant,

WILLIAM H. SEWARD.

Senor Don Gabriel Garcia y Tassara, &c., &c., &c.