Mr. Burnley to Mr. Seward
Sir: With reference to my note of the 6th instant, and to previous correpondence relative to the case of the Night Hawk, I would beg to represent to the [Page 34] attention of the Secretary of the Navy the situation of the captain and officers of this vessel who are still detained as witnesses.
The navy regulations say that when testimony is secured they, the witnesses, are to be unconditionally released, and I would therefore urge whether it might not be advisable to secure such testimony with as little delay as possible and let them go free; otherwise, by long detention, they would appear to be placed on the same footing as regular prisoners of war.
Mr. McArthur, the agent at New York, proposes that they should be liberated on bail, and I would recommend it as coming nearer to the spirit of the instructions of the Navy Department in cases of bona fide British subjects captured on board British ships.
Captain Smiley and his officers have been now full three months in close confinement, which, I am convinced, would never meet with the sanction of her Majesty’s government, even under the plea of their testimony being necessary.
I have the honor to be, with high consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.