Lord Russell to Mr. Burnley
Sir: Her Majesty’s government have had under their consideration, in common with the proper law advisers of the Crown, Lord Lyons’s despatches of the 25th and 29th ultimo, together with a further representation from Messrs. Lawrence, of which I enclose a copy for your information, respecting the case of the Night Hawk.
Her Majesty’s government fully approve of the manner in which Lord Lyons has treated this matter, in his lordship’s note to Mr. Seward of the 26th ultimo, It does not appear to them that any ground whatever has been shown by Mr. Seward for ascribing to the Night Hawk the character of an enemy’s ship; and having regard to the circumstance that she was destroyed by the boarding officer without so much as examining her papers, her Majesty’s government consider that the proofs which have already been given of her British ownership are amply sufficient.
The ship was indeed destroyed in the act of violating the blockade, and as she must necessarily have been condemned if brought in for adjudication, the mere act of her destruction may possibly not have involved any substantial injury to British interests; but the conduct of the boarding officer, and the subsequent imprisonment of the British crew, seems to be wholly without justification or excuse. The captor had no right to fire upon the unresisting crew, and the whole circumstances of the case, instead of affording any exceptional reasons (as Mr. Seward says) for applying to these unfortunate men a different treatment from that admitted to be the right of “the class of neutral subjects in neutral vessels engaged in violating the blockade,” appear to her Majesty’s government to give to the treatment actually inflicted upon the crew the character of an aggravated breach of international law.
You will read this despatch to Mr. Seward, and give him a copy of it.
I am, &c,
J. Hume Burnley, Esq., &c., &c., &c.