Office of the Historian

Mr. Burnley to Mr. Seward.

Washington, September 25, 1864.

Sir: Her Majesty’s government have attentively considered the various sections of the new prize act passed by the Congress of the United States on the 30th June last. Sections 27 and 28 of that act have particularly engaged their attention, as they would seem to recognize, and virtually repeat, the provisions of former acts of Congress, that the United States government, previously even to the bringing into court of any neutral vessel seized as prize, may appropriate such vessel to their own use, subject, of course, to compensation to the owners of the vessel, should she be afterwards released, and the capture pronounced illegal by the prize court.

That her Majesty’s government hold an opinion adverse to the assumption of this power is already known to the government of the United States.

I am consequently instructed, on this occasion, to repeat to the government of the United States that her Majesty’s government cannot assent to any interference, by virtue of the domestic legislation of the United States, with the unquestionable right of the neutral to have his vessel brought in, and adjudicated upon by the prize court, before it can be appropriated by the belligerent.

Her Majesty’s government further instruct me to state that they would be compelled to regard as an invasion of the neutral rights of her Majesty any attempt to enforce these provisions of the act of Congress against British shipping, for the introduction of such a practice would at once supply a motive for groundless and irregular captures of ships capable of being made serviceable by the United States government, and would go far to destroy the confidence of neutrals in decisions of the prize courts of the United States, which, under such circumstances, must either support the validity of the captures, or leave their own government under the imputation of a violent and unjustifiable invasion of neutral rights.

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

J. HUME BURNLEY.

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