Mr. Burnley to Mr. Seward.
The undersigned, her Britannic Majesty’s charge d’affaires in the United States, has the honor to inform Mr. Seward, the Secretary of State of the United States, that her Majesty’s government have attentively considered the proceedings of the court of inquiry held at Boston on the conduct of Commander Trenchard, of the United States steamer Rhode Island, in firing on the steamer Margaret and Jessie, off the coast of Eleuthera, of which proceeding copies were enclosed in the note which Mr. Seward did Lord Lyons the honor to ad dress to him on the 23d of June last.
The undersigned has now the honor to inform Mr. Seward that her Majesty’s government are satisfied that, upon the evidence adduced, the court of inquiry was justified in coming to the conclusion that the territorial rights of her Majesty had not been violated, and that there had been no intention on the part of Commander Trenchard to violate those territorial rights.
But the undersigned must nevertheless observe, that although it is shown that the Rhode Island never fired at a less distance than four miles from the shore, the evidence as to the distance from land of the Margaret and Jessie when the last shot or shots were fired is much less distinct; and her Majesty’s government are unable to consider that it was proved conclusively before the court of inquiry that at the time when these last shots were fired the Margaret [Page 705] and Jessie may not have been within three miles from the shore The undersigned has further the honor to inform Mr. Seward that he is instructed by his government to call the attention of the United States government to a matter of very considerable importance arising out of this case, namely, the bearing on the territorial limits of three miles beyond the sea-shore which the more powerful artillery now constructed may involve. The Parrott gun which was used on board the Rhode Island is stated by Commander Trenchard in his evidence before the court of inquiry, (page 7 of the proceedings,) to carry a distance of five miles; and he also expresses an opinion, although not so positively, that the range of the Dahlgren 30-pounder rifle gun was as great as that of the Parrott. In the present instance shot fired from the Rhode Island appear to have reached the shore, notwithstanding that that vessel did not approach within four miles of the land; and it is obvious that the use of weapons of this description, when fired at that distance towards the shore, is calculated not only to infringe neutral jurisdiction by falling within neutral waters, but also seriously to endanger life and property on neutral territory itself.
The undersigned is accordingly directed by her Majesty’s government to express to the United States government their hope that the United States government will concur with them in opinion that vessels should not fire towards a neutral shore at a less distance than that which would insure shot not falling in neutral waters or on neutral territory.
The undersigned avails himself of this opportunity to renew to Mr Seward the assurance of his highest consideration.