Mr. Seward to Mr. Burnley
Sir: On the 11th of July last Lord Lyons, under instructions of Earl Russell, addressed to me a note informing me that two apprentice boys, 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 the necessity of sailing without them.
On my receiving the communication of Lord Lyons, Rear Admiral Charles PL 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 furnished to me a bill of damages resulting from the desertion of the Cuzco, amounting to thirty-one pounds six shillings and two pence 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 the 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 Lancaster, 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 thè 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.
[Page 10]Mr. Adams complained of this proceeding to Earl Russell. Her Majesty’s government have affirmed the proceeding of the magistrate. It is not supposed that that government expects 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
J. Hume Burnley, Esq., &c., &c., &c.