Lord Lyons to Mr. Seward.
Sir: Her Majesty’s government have considered the notes addressed to this legation by the Department of State, on the 9th October [38th Congress, 1st session, House Ex. Doc. No. 1, page 698] and 4th November last, respecting the case of the Victor, and have reviewed all the information which has reached them with regard to the circumstances which attended the capture of that vessel, and to the proceedings before the prize court at Key West. Her Majesty’s government have thus been confirmed in the opinion that they had previously formed as to the unwarrantable character of the seizure of the Victor, and they have seen with surprise and regret that the government of the United States has deemed it fitting to permit an appeal on behalf of the captors from the sentence in favor of the captured vessel.
The making use of a neutral port as a place from which to sally forth and pursue the Victor appears to her Majesty’s government to be an uncontroverted fact in the case. At whatever distance from the coast the capture may have taken place, it seems to be clear, that within one hour from leaving the harbor of Havana the Victor was seized by the United States cruiser Juniata, coming out of the same port; and her Majesty’s government cannot but think that such a fact alone should induce the government of the United* States to abide by the decision of its own prize court, and not to seek the reversal of that decision by appeal; for her Majesty’s government apprehend that in a case in, which a fact like this manifestly appears from the evidence, a neutral government would be fully justified in disregarding, as contrary to settled principles, the judgment even of a court of appeal, if pronounced adversely to the vessel.
Her Majesty’s government have accordingly directed me to recall your attention to the facts of this unjust seizure, and on the grounds above mentioned to press for the immediate release of the Victor.
There is, moreover, another point in the case to which her Majestys government deem it necessary to advert. Although by the decree the vessel is released, an option is given to the government of the United States to take her for its own service at an appraised value, failing which the claimant may be put into possession pending the appeal, if he is willing to deposit in court the same appraised value, but not otherwise. Her Majesty’s government conclude from the assurances lately given by the United States government, under the advice of its attorney general, upon the general question of taking uncondemned neutral vessels for its own service under a recent act of Congress, that that government will not attempt to avail itself of the option of purchase given in so extraordinary a manner by the decree which pronounces the capture unlawful; but her Majesty’s government, nevertheless, think that there is considerable harshness in making the deposit of the full appraised value (as distinguished [Page 455] from security) the only condition on which the successful claimant in a case like this can obtain possession of his property and obviate the risk of a compulsory sale pending the appeal.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.