Mr. Seward to Lord Lyons.
My Lord: The Chesapeake is a regularly licensed American steamer, plying the coasting trade, carrying passengers and freight between the city of New York and Portland, in the State of Maine. On the 5th of December last, under the care of her captain (Willett,) with a crew in all consisting of seventeen persons, old and young, male and female, she took on board at New York sixteen unsuspected passengers, all of whom paid their fares, and she set out at half past 3 in the afternoon on her voyage to Portland. On Monday the 7th instant, at half past 1 in the morning, the steamer then being off Cape Cod, on the high seas, these passengers surprised the watch, murdered the second engineer, maimed and disabled the first mate, and seized the captain and crew, and confined the captain with irons. The piratical passengers then took control of the steamer. Arriving at Partridge island, in St. John harbor, in the waters of New Brunswick, the pirates delivered the captain and crew on board of a pilot-boat, which seemed to be attending by concert, and they were subsequently put on shore at St. John, in that province. Information of these crimes having reached this government, several ships-of-war were sent out to capture the pirates and recover the Chesapeake. Advice being received that the former were likely to seek refuge either in New Brunswick or Nova Scotia, the United States eonsuls were directed to apply to her Majesty’s authorities for their arrest and detention, until a requisition could be made for their delivery under the existing [Page 405] treaty between the, two governments, as fugitives from justice. Your lordship is, I believe, already informed that his honor the chief justice of Nova Scotia issued warrants for the arrest of the offenders, but I am not advised that any of them have actually been arrested under that process.
I now learn by telegrams which have been received from Mr. Gunnison, the American vice-consul at Halifax, that United States ship-of-war Ella and Annie, under S. F. Nichols, commander, at 9 o’clock in the morning of yesterday, the 17th, saw the Chesapeake lying in Sambro harbor, in Nova Scotia, under flag of distress, and that the pirates were abandoning her. The Ella and Annie proceeded to the vessel, and two of the crew found on board of the Chesapeake delivered her up to the officers of the Ella and Annie. Those officers immediately proceeded with the Chesapeake to Halifax, where they now have that vessel, and it is said three of the pirates, in their keeping. The object of the officers in proceeding to Halifax was to deliver that vessel and pirates up to her Majesty’s authorities if they should desire that to be done. Meantime the consul has reported the transaction to this government and asked instructions.
Assuming this statement of facts to be true, I am not aware that the naval officers have, in any respect, violated the sovereignty of jurisdiction of Great Britain. It is possible, however, that the case may not yet have been fully made known to this government. To guard, therefore, against any possible misapprehension, I have now by the President’s directions to inform your lordship that this government has not authorized, nor does it propose to justify, any exercise whatever of authority, by its agents, within the waters or on the soil of Nova Scotia. If any such authority has been assumed, this government will at once express its profound regret; and it stands ready, in that case, to make amends which shall be entirely satisfactory.
The question, however, remains, what shall now be done with the Chesapeake and the pirates? This government will, if it be required, place them at once in the custody of her Majesty’s authorities at Halifax. Nevertheless, as at present advised, it would be my duty, in that case, to demand a delivery of the vessel, that it may be restored to its undoubted owners, and a surrender of the pirates, to be tried by our laws for their crimes. Such proceedings would be dilatory, and possibly somewhat embarrassing to the authorities at Halifax. I have thought it proper, therefore, to propose another mode of proceeding which would save all the rights of her Majesty’s government, while it may be more convenient to all parties. If it shall be agreeable to the authorities at Halifax, the Chesapeake and the pirates may be left in the keeping of the naval authorities of the United States, and may be brought back to our own country. Here not only the vessel, but the pirates, will in that case be held in custody until the wishes of her Majesty’s government shall be expressed, and if they shall set fit to require it, they will at once be restored to the care of the British government, the United States reserving the right to make legal requisition in the case for the fulfilment of justice.
I have the honor to be, with high consideration, my lord, your obedient servant,
Right Hon. Lord Lyons, &c., &c., &c.