Mr. Seward to Lord Lyons.
My Lord: Your note of the 30th December last, relative to the case of the Victor, captured by the United States steamer Juniata, has been taken into further consideration in connexion with a communication from the Navy Department upon the subject. The conclusion arrived at is, that there is no sufficient ground for the interference of the executive government for the purpose of arresting the ordinary course of judicial proceedings. Captors as well as [Page 513] claimants have rights which are secured to them by law. The power to restore a prize without trial can, in the President’s opinion, only be justifiably exercised in extraordinary clear and unquestionable cases. Mr. Boynton, the United States attorney at Key West, deemed it his duty to appeal to the Supreme Court from the decision of the United States court there. If, however, cither party should suppose that further proof would strengthen the probability of the final decision in their favor, it is competent for the Supreme Court to receive such proof.
I have the honor to be, with high consideration, your lordship’s obedient servant,
Right Hon. Lord Lyons, &c., &c., &c.