Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth Congress

Mr. Seward to Mr. Adams

No. 1191.]

Department of State, Washington, December 15, 1864.

Sir: Referring to the correspondence between this department and yourself in regard to the refusal of the British authorities to deliver up the deserters from the Iroquois, I give you herewith a copy of a note which I addressed on the 14th instant to J. Hume Burnley, esq., announcing the decision of this government upon the application made through her Majesty’s legation here for the delivery up of two apprentice boys who deserted from the British bark Cuzco, at Valparaiso, and enlisted on the United States sloop-of-war St. Mary’s, and for indemnification of the Cuzco at that port. I am, sir, your obedient servant,

WILLIAM H. SEWARD.

Charles Francis Adams, Esq., &c., &c., &c.

Mr. Seward to Mr. Burnley

Department of State, Washington, December 14, 1864.

Sir: On the 11th of July last Lord Lyons, under instructions of Earl Russell, addressed to me a note informing me that two apprentice hoys, employed on board the British bark Cuzco, deserted at Valparaiso and enlisted in the United States naval service on board the St. Mary’s. Lord Lyons informed me that Captain McPherson, of the Cuzco, stated that he went on board the St. Mary’s and demanded that the apprentices should be given up, and that the commander of the vessel gave Captain McPherson no satisfaction, and only replied that the boys could not be found without a deal of trouble; whereupon, the Cuzco being ready for sea, Captain McPherson was under a necessity of sailing without them.

On my receiving the communication of Lord Lyons, Rear-Admiral Charles H. Bell was immediately directed to investigate the matter.

On the 25th of August last, in the absence of Lord Lyons, you recalled my attention to the subject, on which occasion you presented to me a bill of damages resulting from the desertions of the Cuzco, amounting to thirty-nine pounds six shillings and twopence sterling.

On the 16th of November last I had the honor to communicate to Lord Lyons the result of the investigation which had been directed in this case of two British deserters. It appeared that while the St. Mary’s was lying at Valparaiso the captain of the Cuzco came on board and reported the fact of the alleged desertion; the apprentices concealed themselves on the St. Mary’s so effectually as to baffle a search for them, which was made with good faith and diligence. After the departure of the Cuzco the deserters appeared. Arthur Cox, one of the deserters, was afterwards condemned by medical survey, and sent on the 31st of August last to the naval hospital at New York; the other, named Williams, was transferred with others to the United States ship Levante, which is attached to the United States squadron on the Pacific.

I have now to inform you that this government does not deem itself under either a legal or a moral obligation to deliver up the aforenamed deserters or to pay any damages for their desertion.

This decision is based upon the ground that on the 14th of September last, when the United States ship Iroquois was lying in the Downs, in England, two of her seamen deserted to the British shore; they were arrested at Dover and taken before a magistrate; the magistrate discharged them on the ground that they could not be abridged of their liberty by any law recognized in the United Kingdom.

Mr. Adams complained of this proceeding to Earl Russell. Her Majesty’s government affirmed the proceeding of the magistrate. It is not supposed that that government expects from us any different measure of justice or liberality than that which they mete to the United States.,

I have the honor to be, with high consideration, sir, your obedient servant,

WILLIAM H. SEWARD.

J. Hume Burnley, Esq., &c., &c., &c.