Office of the Historian

Mr. Seward to Lord Lyons.

Department of State, Washington, March 17, 1864.

My Lord: I have the honor to recur to your note of the 15th ultimo, enclosing extracts from despatches addressed to your lordship, on the 9th and 10th of the same month, by Mr. Archibald, her Majesty’s consul at New York, in regard to the restrictions imposed on the exportation of merchandise, more especially of breadstuffs and provisions, from that port to places within the Queen’s dominions, and expressing a hope that some measures will be taken, without delay, to remedy, or at least to mitigate, the alleged grievance set forth by Mr. Archibald.

Having submitted the subject to the consideration of the Secretary of the Treasury, to whom a copy of your note, and of its accompaniments, was communicated, I have the honor to inform your lordship that, by the act of May 20, 1862, (Laws XIII, p. 404,) it is provided “that whenever a permit or clearance is granted for either a foreign or domestic port, it shall be lawful for the collector granting the same, if he shall deem it necessary under the circumstances of the case, to require a bond to be executed by the master or owner of a vessel, in a [Page 561] penalty equal to the value of the cargo, and with sureties, to the satisfaction of said collector, that the said cargo shall be delivered at the destination for which it is cleared, or permitted, and that no part thereof shall be used in affording aid or comfort to any person or parties in insurrection against the authorities of the United States.” And in accordance with said provisions of law, bonds have been required, of which I have the honor to enclose a copy. It appears that the houses known as Messrs. Hunter & Co. and Smithers & Co. complain that the collector has made the penalty of their bonds double the amount of the shipment. In this he is believed to have exceeded the requirements of the act above cited, and he has been so informed. Bonds are not required by law of all parties. Firms whose high standing for worth and loyalty place them above all suspicion may, if the collector so please, make their shipments without a bond; but of this the collector is the judge, and while the law stands as it does, it is not seen how he can be controlled in the discharge of the duties with which he is charged.

I have the honor to be, with the highest consideration, my lord, your obedient servant,

WILLIAM H. SEWARD.

Right Hon. Lord Lyons, &c., &c., &c.

[Untitled]

Know all men by these presents, that we,------- --------, are held and firmly bound unto the United States of America in the sum of -------- dollars, lawful money of the United States of America, to be paid to the said United States of America, or their assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals. Dated the -------- day of --------, one thousand eight hundred and sixty-three.

Now the condition of this obligation is as follows: Whereas -------- --------, about to ship from the port of New York to --------, in the vessel called the --------,certain goods, wares, and merchandise -------- enumerated in the manifest or invoice of said --------: Now, if said goods, wares, and merchandise shall be delivered at -------- aforesaid, and shall not be transported to any place under insurrectionary control, and shall not, in any way, be used to give aid or comfort to the insurgents, with or by the consent, permission, or connivance of the owners, shippers, carriers, or consignees thereof, --------, then this obligation to be void; otherwise to be and remain in full force and virtue.

State of New York, City and County of New York, ss:

On this -------- day of --------, A. D. 1863, before me personally appeared the within named -------- --------, to me known to be the persons described in and who executed the foregoing bond, and severally acknowledged that they executed the same.

-------- --------, Notary Public.