Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part II

Lord Lyons to Mr. Seward.

Washington July 30, 1864.

Sir: I have the honor to transmit to you a copy of a despatch from the acting British consul at New York, and a copy of a protest, addressed to the collector of customs at that port, by Messrs. Darrell & Nash.

It appears from these papers that Messrs. Darrell & Nash are British merchants, and that they have been refused the clearance of certain merchandise shipped by them to Nassau, in the Bahama islands.

I beg you to call the attention of the proper authority to this matter, in order that relief may be given to these merchants.

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

LYONS.

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

Mr. Edwards to Lord Lyons.

New York, July 23, 1864.

My Lord: I have been solicited to bring to your lordship’s notice the case of certain merchandise shipped by Messrs. Darrell & Nash (British merchants doing business, here) upon British account, for Nassau, N. P., on board the British schooner Electric, which has been refused a clearance by the customs authorities upon the plea that certain goods shipped in May last, by the same firm, were subsequently transshipped to Nassau.

I have the honor to transmit herewith, enclosed lor your lordship’s information, a copy of a protest which has been served upon the collector of customs, by Messrs. Darrell & Nash, in reference to the case.

I am, &c, &c.,

P. EDWARDS.

Lord Lyons, &c., &c., &c.

Protest of Darrell and Nash.

To the Collector of the port of New York :

Sir: The undersigned are commissioned merchants, established and conducting business at the port of New York. They have lately, at the said port, purchased and shipped On board the schooner Electric a cargo of goods and merchandise, the same having been purchased and shipped by order and per account of certain parties residing in Nassau, New Providence, a British port. Manifests of the said cargo have been prepared, and application for the clearance for the same made at the custom-house. The customs officer having the first charge or direction of such clearances, has passed and approved the said manifests, and the articles comprised therein, and has marked the same as proper to be bonded upon export, according to the customs regulations in such cases made and provided. The customs officer having the further charge and direction of such clearances, and the taking and approving such bonds, has, upon application, refused to allow the said goods and merchandise to be bonded, and has refused to grant or complete the clearances of the same. The undersigned, at the time of applying to the said last-mentioned officer for the said clearances, presented and offered good and sufficient bondsmen to execute the bonds required, and to justify in the manner usual in such cases. But the said officer refused to accept or allow the execution and perfecting of such bonds, not from any objection he had to the said bondsmen, or their sufficiency, but on the ground solely that he declined to grant clearance for the said goods and merchandise. The reason stated and assigned by the said officer for his refusal to grant clearance for the same is this, namely, that certain other goods and merchandize shipped by the undersigned in May, 1964, on board another vessel, and consigned to other parties, than the consignees per Electric, and conveyed to another port than Nassau, to wit, the port of Turk’s Islands, another British port, were, after being landed and delivered at the said Turk’s Islands, thence transported and conveyed to the said port of Nassau.

The undersigned, by reason of the refusal of the officers of the customs to grant the clearance applied for as aforesaid of the goods and merchandise now laden on board the said schooner Electric, will be unable to forward the same to their destination, and will be obliged to discharge, unload, and receive the same from the said vessel, thereby incurring and suffering great and serious loss, damage, and expense.

The undersigned, upon the above facts, hereby protest against the acts of the customs officers at the port of New York in refusing to grant them clearance of, and for the goods and merchandise shipped as aforesaid on board the said Electric. Prepared as they are and have been to comply with all the regulations established and published with reference to such clearances, they claim to be entitled to have and receive the same, and they protest against the refusal of the clearance of the said goods and merchandise upon the grounds stated and sssigned, or upon any other grounds. For themselves, as shippers and con-aignors of said goods and merchandise, as well as for the consignees thereof, and for the owners of the vessel and all parties interested in the said vessel or cargo, the undersigned protest as aforesaid; and they hereby give notice that they will hold you responsible for and endeavor to collect from you or the United States, or any other officer thereof, as they shall be advised, the expenses, loss and damages which the undersigned or the said consignees or owners, or either of them, may suffer or incur by reason of the discharging and receiving the said cargo, or the delay and failure in -forwarding and receiving the said goods and merchandise, or that may be in other way occasioned by the refusal to grant and have the clearance or clearances as aforesaid.

Dated New York, July 23, 1864.

DARRELL & NASH.