Mr. Burnley to Mr. Seward.
Sir: Her Majesty’s government have had under their consideration the communications which Lord Lyons had the honor to receive from you on the 2d and 13th of June, respecting the sinking of the British schooner Sylvanus, and the imprisonment of her crew.
Her Majesty’s government have instructed me to express to you their regret that they are unable to regard the explanations which were enclosed as entirely satisfactory. Upon the first question, indeed, the sinking of the Sylvanus, her Majesty’s government conceive that an adequate excuse has been offered, for it now appears that the Sylvanus refused to obey the summons of the belligerent, and took her chance of escape. Her fate would, therefore, seem to be the consequence of an unlawful disobedience to a lawful command. But the belligerent had no right to fire shell in the first instance, even though he fired it wide of the vessel, and her Majesty’s government considers that it is very important that the acknowledged rule of firing in blank, in the first instance, should not be deviated from.
With regard to the placing the men in irons, her Majesty’s government are glad to see that the practice is not justified, and is said to be contrary to order; but her Majesty’s government cannot but think the excuse for it on this occasion inadequate. The United States government cannot suppose that neutrals will ever consent to the attempts continually being made, during this war, to extend, in various ways, the severe right of blockade, and to treat captured neutrals as enemies.
The reference to the decisions of the court of New Brunswick, and of the Queen’s Bench, in the extradition question, appears to her Majesty’s government to be wholly irrelevant.
Her Majesty’s government cannot perceive that these decisions, which were lawfully given by lawful courts, upon a different matter, have any connexion [Page 699] whatever with the blockade, or with the obligations of the belligerents towards the neutral, as to the means of enforcing the blockade, and her Majesty’s government has directed me to repeat that they cannot consent that the crews of captured British vessels, composed of her Majesty’s subjects, should be punished by penal treatment, which does not lawfully belong to the offence of breaking a blockade.
In the opinion of her Majesty’s government the present case raises the question of principle more broadly, perhaps, than any other, as it appears that the crew of the Sylvanus were detained and imprisoned, when no proceedings whatever before any prize court, on the part of the captors, were taken or contemplated.
Her Majesty’s government have accordingly directed me to make to you, in friendly terms, a representation on the subject, and to say that they are convinced that, on further reflection, you will give your assent to the principle laid down by her Majesty’s government.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c, &c, &c.