Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part II

Mr. Seward to Lord Lyons.

Department of State, Washington, August 1, 1863.

My Lord: Referring to my note of the 18th ultimo^* relative to the capture of the British steamer Victor by the United States steamer Juniata, I have the honor to enclose to you the copy of a commmunication of the day before yesterday, addressed to this department by the Secretary of the Navy.

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

WILLIAM H. SEWARD.

Right Hon. Lord Lyons, &c., &c., &c.

Mr. Welles to Mr. Seward.

Navy Department, July 30, 1863.

Sir; Referring to my communication to you, dated the 16th instant, on the subject of the complaint of the Spanish minister that the Juniata had committed an aggression within the jurisdictional waters of Cuba, in the seizure of the steamer Victor, on the 28th of May last, I have the honor to transmit herewith an additional report from Commander T. H. Stevens, made in compliance with an order of the department, in which he reiterates his statement that the capture was made eight miles from Moro Castle, and refers to other matters complained of.

I am, very respectfully, &c.,

GIDEON WELLES, Secretary of the Navy.

Hon. William H. Seward, Secretary of State.

Commander Stevens to Mr. Welles.

Erie, July 24, 1863.

Sir: In reply to your communication of the 16th instant, concerning the seizure of the English steamer Victor by the Juniata, under my command, I beg leave to state that the capture was made on the evening of the 28th May, Moro Castle then bearing E.SE., (true,) distant 8 miles, and that this result was arrived at from numerous cross bearings, taken for the purpose of determining the exact position of the vessel, by the master of the Juniata, Mr. Kautz, by my orders. I was thus particular, as I thought it not unlikely the question of jurisdiction might arise, to be prepared for it. In addition to this, I directed the first lieutenant of the Juniata to get the opinion of the officers upon the subject, all of whom agreed upon the distance being as great at least as reported; and, moreover, when I inquired of Captain Pearce, upon his coming on board the Juniata, how far he thought the nearest land was distant, he replied about five miles, which nearly agrees with the bearing and distance of Moro Castle, as reported.

In regard to the conduct of Mr. Simpson, the boarding officer of the Victor, as charged in the statement of Captain Pearce, I have only to say this is the first intimation I have had of any such complaint; if Captain Pearce had any ground for just complaint, he had ample opportunity to have made known his grievance before.

The officers and crew of the Victor were kept in confinement at the request of the prize commissioner, to prevent their being tampered with until he could procure their evidence according to law.

Very respectfully, your obedient servant,

T. H. STEVENS, Commander.

Hon. Secretary of the Navy.

1. 38th Congress, 1st session, House Ex. Doc. No. 1, page 670.