Mr. Seward to Lord Lyons.
Department of State,
Washington,
November 21, 1864.
My Lord: Referring to Mr. Burnley’s note of the
6th ultimo, in which he remonstrates against the prosecution of appeals
in the prize cases against the British vessels Science, Dashing Wave,
Sir William Peel, and Volante, at New Orleans, I have the honor to
enclose, for the information of your lordship, a copy of a letter of the
2d instant from the United States attorney of Louisiana, to whom the
subject was referred.
I have the honor to be, with the highest consideration, my lord, your
obedient servant,
Right Hon. Lord Lyons, &c., &c., &c.
Mr. Waples to Mr. Seward.
United States Attorney’s
Office,
New Orleans,
November 2, 1864.
Sir: I have the honor to acknowledge the
receipt of your note of the 18th instant, enclosing a copy of a
communication from J. Hume Burnley, esq., her Britannic Majesty’s
charge d’affaires at Washington, remonstrating against the
prosecution of appeals in the prize cases against the British
vessels Science, Dashing Wave, Sir William Peel, and Volante, and
their cargoes, &c. The last mentioned was appealed by the
claimants. The other three were appealed by the libellants, and the
records have been already forwarded to be filed in the clerk’s
office of the Supreme Court. You say, “I will thank you to
communicate to this department the views of the prize court, if they
can be obtained.” The judge has not written and filed any reasons
for judgment; and as he is absent from this city in the north, I am
unable to state what are his views regarding the appeals from his
judgments rendered in the several cases. In my letter to you of
March 25, 1864, relative to the case of the ,Sir William Peel, in
reply to yours of the 7th of that month, I set forth the grounds,
and. submitted the authorities upon which the ship was sought to be
condemned; and I also showed that the other vessels above named were
situated very similarly to the Sir William Peel. A reference to the
records, now in the hands of the Solicitor of the Treasury, (to whom
I am instructed to forward all records of appeal, even in prize
cases,)
[Page 785]
will show that the
charge d’affaires labors under the disadvantage of having heard but
one side of the case.
Upon the return of the judge I shall be happy to furnish you with his
views on the subject of the appeals, if they can be obtained.
Your obedient servant,
RUFUS WAPLES, United States
Attorney,
Hon. William H. SewardSecretary of State.
