Office of the Historian

Lord Lyons to Mr. Seward.

Washington, February 19, 1864.

Sir: In a note dated the 29th of last month you were so good as to inform me that all the persons belonging to the Banshee, whose names were mentioned in a list, at the head of which stood that of Mr. Jonathan Steele, the captain, would be released, except F. Foley, who was stated to be an insurgent.

In a subsequent note, however, which you did me the honor to address to me on the 13th instant, you enclosed a copy of a letter from the Navy Department, stating that the order for the discharge of Mr. Steele had been withheld because, although claiming to be a British subject, he did not make oath to that effect, and adding that it had been reported to the department that he was an American citizen. There seems to be some misapprehension on this point, for I am positively assured that on his examination before the prize commissioners Mr. Steele made oath that he was a British subject; and it appears from an affidavit of Mr. Edwin Gerard, which was made so long ago as the 28th of November last, and which I enclose in original, that Mr. Steele is a British subject, [Page 529] domiciled at Liverpool, in England. Such being the case, I trust that the release of Mr. Steele will no longer be delayed.

1 beg you to be so good as to send the affidavit back to me.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

LYONS.

Hon. William H. Seward, &c., &c.,&c.

Affidavit.

I, Edwin Gerard, a British subject, at present residing in this city, hereby make oath, and solemnly affirm, that J. W. Steele, (late master of the British steamship Banshee, recently brought into this port as a prize of war,) is a British subject, well known to this deponent as residing with his wife and family at No. 17 Landstone road, Old Swan, Liverpool, England. This deponent further affirms that the said J.W.Steele has been examined by the prize commissioner, (Mr. Elliott,) and is now detained in the county jail in Ludlow street against his will.

EDWIN GERARD.

Sworn before me this 28th day of November, A. D. 1863.

[seal.]

E. M. ARCHIBALD, Her Britannic Majesty’s Consul,