Mr. Seward to Lord Lyons.
My Lord: The undersigned, Secretary of State of the United States, has the honor to present his respects to the Right Hon. Lord Lyons, accredited to this government as the minister plenipotentiary of her Britannic Majesty, and to state that he has submitted to the President certain papers which were placed in the hands of the undersigned by his lordship on the 2d day of this month, and which are described as follows:
1. Memorial of Susan Henry.
2. Affidavit of John E. Holt.
3. Memorial of John E. Holt.
4. Affidavit of John E. Holt.
5. Provincial Secretary to Mayor of Halifax, 19th of December, 1863.
6. Mayor of Halifax to Provincial Secretary, 19th of December, 1863.
7. Same to same, 22d December, 1863.
8. City Marshal to Mayor of Halifax, 21st December, 1863.
9. Police Constable Hutt to City Marshal, 21st December, 1863.
The undersigned is authorized, in the first place, to express to his lordship his appreciation of the delicacy of the manner in which his lordship has thus, without formal complaint, brought to the notice of this government the fact that the commander and other officers of the United States steamer Ella and Annie, in their recent visit at Halifax, in pursuit of pirates who had captured the American steamer Chesapeake, and taken refuge within British jurisdiction, directly violated the sovereignty of her Majesty, by the assumption of power and authority in the name of the United States, as well on board the said steamer Chesapeake as on board the British schooner Investigator, while within British waters, without having obtained consent thereto of the authorities of her Majesty’s government there or elsewhere. The undersigned observes that in some of these papers it is represented that the acts of power and authority referred to were attended with circumstances of severity, rigor, and insult to British subjects. The undersigned, however, thinks that it sufficiently appears from the papers that the rigor and severity alleged were not greater than were necessary to secure the persons of the pirates in pursuit of whom the officers complained of were engaged, and to deliver them up to the British authorities of that place. He hopes that this view of the case may be taken by her Majesty’s government. The undersigned would observe, in the next place, that the Chesapeake and the prisoners were promptly delivered to those authorities, in compliance with the instructions of this department. The undersigned is further authorized to assure her Majesty’s government, in the spirit of a former communication made by the undersigned to his lordship relating to the capture of the Chesapeake in British waters, that the President disapproves and regrets the act of force, power, and authority which was exercised by the officers of the Ella and Annie within British waters on the occasion mentioned, as a violation of the law of nations and of the friendly relations existing between the two countries so greatly to the satisfaction of the United States and to the advantage of both nations.
The President has reason to believe that the proceedings thus disapproved were taken by the officers concerned under the influence of a patriotic and commendable zeal to bring to deserved punishment outlaws who had offended against the peace and dignity of both countries. The President, while he recognizes this circumstance as modifying the character of the transaction, and mitigating the censure to be bestowed upon it, nevertheless freely concedes that it does not constitute a justification for the violation of the sovereignty of Great Britain which those officers have committed. He has, therefore, directed that they shall [Page 475] be censured for this violation, and he will take such other means as may be ne-cessary to prevent a recurrence of the grievances complained of. Fully determined to make all the amends that are due to Great Britain in the premises, the undersigned will await the consideration of her Majesty’s government upon the case as it has now been submitted.
The undersigned avails himself of this opportunity to renew to Lord Lyons the assurance of his high consideration.
Right Hon. Lord Lyons, &c.,&c., &c.