Lord Lyons to Mr.
Seward.
Washington,
August 3, 1864.
Sir: Her Majesty’s government have had under
their consideration the notes which you did me the honor to address me
on the 25th of May and 27th of June last, respecting the coals carried
off from Angra Pequena by the United States ship Vanderbilt.
Her Majesty’s government have learned from these notes that the
government of the United States holds that the bill of lading forwarded
to Messrs. Sinclair, Hamilton & Co. does not sufficiently show that
at the time the coals were taken from Angra Pequena they were in point
of fact the property of Messrs. Anderson & Co.; and, moreover, that
the government of the United States consider it material to have
information as to the purpose for which the coals were sent to Angra
Pequena before admitting the claim of Messrs. Anderson & Co. to be
paid for them.
With respect to the ownership, the bill of lading appears to her
Majesty’s government to be sufficient in the circumstances and for the
purpose for which it was wanted. I nevertheless submit to you herewith a
solemn declaration, made by Mr. James Murison, a merchant residing at
the Cape of Good Hope, declaring that he knows of his own knowledge that
the coal was the property of Messrs. Wm. Anderson, Saxon & Co., and
stating particulars in corroboration of this fact. I trust that this
document will preclude any further question on this part of the
subject.
With respect to the destination of the coals, I am commanded by her
Majesty’s government to state distinctly that, in their opinion, the
coals might just as lawfully be sent to Angra Pequena for the purpose of
supplying the wants of the so-called confederate ship-of-war as of a
United States ship-of-war; and that for a United States ship-of-war to
take, without payment, Biitish property on
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a neutral shore, merely because it was intended to
be sold by its owners to a ship-of-war of the other belligerent, would
be an act of simple trespass, without justification from the law of
nations.
Her Majesty’s government cannot conceive that any jurist would or could
maintain, either upon principle or authority, a contrary opinion; and
they have instructed me to press this point of maritime international
law strongly upon the government of the United States.
Begging you to be so good as to send the declaration back to me, I have
the honor to be, with the highest consideration, your most obedient,
humble servant
Hon. William H. Seward, &c., &c., &c.
[Untitled]
I, John Harrison, of the city of London, notary public by royal
authority duly admitted and sworn, do hereby certify and assert unto
all persons to whom these presents shall come, as follows:
1. The sheet of paper which is hereto annexed and paged from 1 to 3,
inclusively, contains true and faithful copies of, and agreeing word
for word and figure for figure with, the original declaration
purporting to have been made by the therein-named declarant, James
Murison, and the consular legality following the same.
2. I have compared the said annexed copy with the said original
declaration and consular legality, which have been produced to me
for that purpose.
Whereof an act being required, I have
granted these presents under my signature and official seal, to
serve as need may require, in London,
this fourth day
of August, in the year one thousand eight hundred and
sixty-four. [l. s.]
JOHN HARRISON, Notary
Public.
Declaration of James Murison.
I, James Murison, a British merchant, residing at Cape Town, in the
colony of the Cape of Good Hope, do hereby solemnly and sincerely
declare, that in the month of October, 1863, the United States
steamer Vanderbilt, Captain Baldwin, having arrived at Table bay, I
was requested by the United States consul to purchase upon the most
advantageous terms a supply of coal for the use of said ship. That I
thereupon made arrangements with Messrs. Willliam Anderson, Saxon
& Co., of Cape Town, merchants, who had commenced to deliver-the
coal, when orders were sent from the governor of this colony to stop
the coaling, which, as the Vanderbilt had within three months taken
in coal at Mauritius, would have been a violation of the Queen’s
proclamation of neutrality. That thereupon the coaling was
discontinued, about nineteen tons only having been shipped. I
further declare that on the day of the departure of the Vanderbilt
from Table bay, Mr. William Anderson, of the above firm of William
Anderson, Saxon & Co., informed me that he had on Penguin
island, on the coast, two hundred and fifty tons of coal, which he
offered for sale to the Vanderbilt if she required it. That as
Penguin island was then considered British territory, and the
Vanderbilt could not in that view have coaled there without an
infraction of the neutrality laws, I did not submit Mr. Anderson’s
offer to Captain Baldwin. I And I lastly declare, that I know of my
own knowledge that the coal was on Penguin island, and that it was
the property of Messrs. William Anderson, Saxon & Co. And I make
this solemn declaration, conscientiously believing the
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same to be true, and by
virtue of the provisions of the ordinance No. 6, 1845 entitled “An
ordinance for the suppression of voluntary and extra-judicial oaths
and affidavits, and the substitution of declarations.”
JAMES MURISON.
Declared before me at Cape Town, this twenty-third day of June,
1864.
EDMUND HULL, Justice of the Peace for
Cape Town and the district thereof.
I, Walter Graham, consul for the United States of America, at Cape
Town, do hereby certify that Edmund Hull, before whom the above
declaration was made is a justice of the peace for Cape Town, and
qualified to administer oaths under the colonial statutes, and that
James Murison, the declarer, is a merchant of Cape Town, thoroughly
credible, and that his signature attached to the declaration above
is genuine.
[l. s.]
WALTER GRAHAM, United States
Consul.
