Mr. Burnley to Mr. Seward

With reference to my note of the 20th of October, and your reply of the 1st ultimo, and to my further note of the 26th ultimo, relative to the case of the Night Hawk, I have now the honor to enclose the register of this vessel, and other papers duly legalized by the United States consul at Liverpool, for the purpose of setting at rest the question of nationality, as raised by your note of the 1st ultimo.

In these papers you will see it distinctly stated that the Night Hawk was a British paddle-steamship, registered in the shipping register at Liverpool, and owned by Edward Lawrence, who appointed Captain Smiley, a British subject, in command of the ship.

I hope that the Secretary of the Navy will take these documents into serious consideration, with a view of modifying his assertion with regard to belligerents and neutrals, and look upon the ship as a vessel belonging to a neutral power, and the crew, a list of whom I had the honor to forward in my note of the 20th of October, as neutral subjects of that power.

I beg you to return me the original documents as soon as note has been taken of their contents.

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.

[Enclosure.]

I, the undersigned, consul of the United States of America for the port of Liverpool and its dependencies, do certify and make known to whom these presents shall come, that Edward Lawrence, esq., mayor of Liverpool, having addressed a letter to me requesting my, certificate to the annexed declaration, with copy of register of steamer Night Hawk annexed and declaring that he is the sole registered owner of said vessel Night Hawk, and that the sole object for which my certificate is asked is to send it, with the declaration and copy of register, to his agent at New York, to be by him presented to the British consul, or the authorities there, to show that the Night Hawk is an English vessel, and that her late captain is a British subject, and not for the purpose of being used to protect the vessel from United States cruisers, or to sanction her running the blockade, or for any other purpose than that above specified; I do, in compliance with such request, grant him my certificate, and do certify that W. Henry Fletcher, before whom the annexed declaration of Edward Lawrence has been made, and whose true signature and notarial seal are subscribed and affixed, is a notary public, duly authorized, admitted, and sworn, residing and practicing in Liverpool, duly authorized to receive such declaration.

Given under my hand and seal of office, at Liverpool, on the 17th day of November, and year one thousand eight hundred and sixty-four.[SEAL]

THOMAS H. DUDLEY.

On this the 16th day of November, in the year of our Lord 1864, before me, William Henry Fletcher, notary public by royal authority, duly admitted, sworn, and enrolled, dwelling and practicing in Liverpool, in the county of Lancaster, in England, personally and voluntarily came and appeared Edward Lawrence, of Liverpool aforesaid, merchant, and did solemnly and sincerely say and declare as follows: That he then was a natural-born subject of her Majesty the Queen of Great Britain, and the owner of the paddle-steamship Night Hawk, of Liverpool, which ship was registered in his own name in the register of shipping at the custom-house at Liverpool, and that the document hereto annexed, signed by the registrar of the said port, and sealed with the seal of her Majesty’s customs, was an official and true copy of such register; and he did further say and declare that, at the time when the said steamship last sailed from the port of Liverpool, in the month of August last, she was in charge of Captain N. Smiley, a British subject, who was duly appointed by him the master thereof.

EDWARD LAWRENCE.

In faith and testimony whereof, I, the said notary, have caused the said copy register to be hereunto annexed, and the said appearer to subscribe his name to these presents, and I have also hereunto subscribed my name and affixed my seal notarial this 16th day of November aforesaid.[SEAL]

W. HENRY FLETCHER, Notary Public.

[Page 3]

Form No. 19. Copy register.

Official number of ship, 50,296. Name of ship, Night Hawk. Port number, 353. Port of registry, Liverpool. British or foreign, British built.

Whether a sailing or steamship; if steam, how propelled? Steamer, paddle. Where built? Preston, in the county of Lancaster. When built? In 1864.

Number of decks, one; number of masts, two; rigged, schooner; stern, square; build, clench; gallery, none; head, none; framework, iron.

Tonnage.

No. of tons.
Tonnage under tonnage deck 536.51
Break 23.56
Round-house
560.07
Deduct allowance for propelling power 199.96
Register tonnage 360.11

Measurements.—Length, from the forepart of the stem, under the bowsprit, to the aft-side of the head of the stern-post, 245 feet — tenths. Main breadth to outside of plank, 26 feet 8 tenths. Depth of hold, from tonnage deck to ceiling at midships, 12 feet 2 tenths.

Additional particulars for steamer.

Deduction for space required for propelling power, 199.96 tons. Length of engine-room, if measured, 65 feet 3 tenths. Number of engines, two. Combined power, (estimated horsepower,) one hundred and eighty.

Names, residence, and description of the owners, and number of shares held by each owner.

Edward Lawrence, of Liverpool, in the county of Lancaster, merchant. 64


I hereby certify the foregoing to be a true copy of the particulars and ownership of the vessel Night Hawk, of the port of Liverpool.
W. G. STEWART, Registrar.

Registry dated August 24, 1864.

[Customs, November 15, 1864, Liverpool.]

N. B. To be addressed in an envelope to the chief registrar of shipping, custom-house, London.

No. 219. Copy of register for transmission to chief registrar of shipping.