Lord Lyons to Mr. Seward.
Sir: Her Majesty’s government have considered very seriously the correspondence which I have held with you concerning British subjects captured on [Page 574] board neutral vessels, who have been detained as prisoners by the United States government, and they have given especial attention to the notes which you did me the honor to address to me on the 11th, 15th and 29th January last, as well as to the note dated the 25th January last, which I had the honor to receive from you on the 8th of the following month.
The first of these notes relates specifically to the case of James O’Neill, who was detained for many months as a prisoner, after having been severely wounded by an officer of the United States navy, and who was during a part of his imprison-ment kept in irons. Her Majesty’s government cannot admit that the injuries inflicted upon the British subject are satisfactorily accounted for. The justification offered, namely, that large quantities of gunpowder were mixed up with the coal, and that O’Neill was about to blow up the vessel, appears to her Majesty’s government to be in itself incredible, and to be unsupported by evidence. Her Majesty’s government consider that the officer who wounded O’Neill ought to be put upon his trial for the offence, and they have directed me to press the government of the United States to bring him to trial accordingly.
With respect to the case of Patrick Hamilton, which forms the subject of your note of the 15th January, her Majesty’s government observe that the only defence made for his imprisonment is the allegation that he was a pilot and a dangerous man, and one who had been constantly engaged in violating the laws and regulations of the United States government, and her Majesty’s government are altogether unable to accept this justification as satisfactory.
Her Majesty’s government are equally unable to admit the validity of the reasons given in your note of the 29th January for the imprisonment of the crew of the Banshee.
The note addressed, on the 9th of March last, by her Majesty’s principal secretary of state for foreign affairs to the United States minister in London will have already made you acquainted with the views taken by her Majesty’s government of the general question of the imprisonment of British subjects captured on board blockade-running vessels. You will therefore be prepared to hear that her Majesty’s government very much regret the announcement made in your note to me, of the 25th January, of its being the intention of the United States government to detain in military custody all persons captured in entering the so-called confederate lines.
It may not be unreasonable that in cases of real doubt as to whether a particular person is a neutral or an enemy, time should be allowed for necessary investigation, but her Majesty’s government cannot concede that a system may be adopted by the belligerent towards the neutral, which will have the practical effect of placing neutral subjects in the same position as those of the enemy.
Her Majesty’s government do not deem it necessary to offer any further remarks upon the note in question, because answers have been already made by them on the several matters of which it treats. They cannot, however, refrain from pointing out that it is impossible for them to admit the accuracy of the statement which it contains with regard to the case of the Chesapeake, nor from observing that that statement keeps entirely out of view the unlawful proceedings of the United States officers.
Her Majesty’s government are unwilling to see in the course adopted by the United States government indications of a determination to treat the crews of prize vessels as prisoners of war, in order thereby to stop the continual violation of the blockade.
Her Majesty’s government cannot allow that any exigence of the belligerent will warrant him in departing from the observance of his obligations towards the neutral. In matters of maritime prize the relations of belligerent and neutral are for the most part clearly established, and her Majesty’s government conceive that they cannot be disturbed without great danger. The law of nations has not affixed the penalty of imprisonment to the offence of breaking [Page 575] a blockade, or of importing contraband of war; and having regard to all that has passed, her Majesty’s government conceive that they shall best manifest their regard and esteem for the government of the United States, and their anxious desire to maintain cordial and friendly relations. with that government, by at once stating, frankly, that they are not prepared to assent to any alteration of the law of nations in this respect.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.