Lord Lyons to Mr. Seward.

Sir: With reference to my note of yesterday I hasten to send to you a copy of a despatch from her Majesty’s consul at New York, which puts it beyond all [Page 530] doubt that the statement made to the Navy Department that Captain Steele, of the Banshee, does not make oath that he is a British subject, is incorrect.

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

LYONS.

Hon. William H. Seward.

Mr. Archibald to Lord Lyons.

My Lord: Referring to my despatch of the 16th instant, I have the honor to report to your lordship that I have examined at the district clerk’s office the testimony “in preparation” in the case of the Banshee, which has been returned from Washington, and I find that the answer to the first interrogatory is as follows:

“To the first interrogatory he says: I was born in Yorkshire, England; I live at Liverpool when 1 am at home, and that has been my residence for about eleven years. I am married, and my wife and family live there. I am a British subject, and owe allegiance to the British government.”

The whole of the answers are subscribed by Captain Steele thus: “Jonathan W. Steele, master,” and were sworn to by him, before Mr. Henry H. Elliott, prize commissioner, on the 27th of November last.

I called on Mr. Elliott, and asked him if Captain Steele, on any occasion, had declined to swear that he was a British subject. He replied, “No;” “that so far as he recollected he answered the interrogatory on that subject readily.”

I transmit, herewith enclosed, for your lordship’s use, a copy of the stated rules and standing interrogatories in prize courts.

I have, &c,

E. M. ARCHIBALD.