Mr. Seward to Lord Lyons.

My Lord: This department has received from the Secretary of the Navy the explanation in regard to the capture of the Night Hawk, and the detention of the crew of that vessel, which formed the subject of Mr. Burnley’s note of the 20th ultimo.

It appears from Mr. Welles’s communication that, at half past eleven o’clock of the night of the 30th of September, a steamer was discovered standing in toward New inlet, to which the United States steamer Niphon gave chase, went to quarters, and fired upon, causing the unknown steamer to run ashore on Federal shoals. A boat was sent to board her, which went alongside after firing several rifle shots at a party escaping in one of the boats from the steamer, which proved to be the Night Hawk. Shortly after the steamer was boarded the rebel fort Fisher and adjacent batteries opened fire upon both her and the Niphon. The boarding party found it impossible to get the Night Hawk off. As they were exposed to the shot and shell from the fort and batteries referred to, they set the Night Hawk on fire and abandoned her, bringing with them to the Niphon such of the officers and crew as had not succeeded in making their escape. The officers and crew made captives were taken to New York,[Page 757]and were retained because they were not regarded as falling within the class of neutral subjects captured in neutral vessels engaged in violating the blockade. The cargo of the Night Hawk consisted, in part, of saltpetre and lead. At the time of her capture and destruction she was within range and protection of the rebel batteries.

Mr. Welles adds that the official reports which have reached the Navy Department make no reference to the wounding of any one on board the Night Hawk, and it is presumed that those alleged to have been wounded were of the party who tried to reach the shore. Though the right of persons under such circumstances to escape is not denied, at the same time they do it at their own hazards. It further appears that the Night Hawk was laden at Liverpool by Henry Laforce, well known there as an agent for the insurgents. This and other circumstances are believed to leave little room for doubt that both the vessel and her cargo were in point of fact belligerent and not neutral property, liable to capture, or if attempting to escape, thereby showing a consciousness of guilt, to such a destruction as might result from their attempt.

I have the honor to be, with the highest consideration, my lord, your obedient servant,

WILLIAM H. SEWARD.

Right Hon. Lord Lyons, &c., &c., &c.