officers of the Cambridge testified that the seamen made no complaints on leaving the Cambridge, and, on the contrary, spoke in good terms of their treatment, and that the commander of the Cambridge declares that he is astonished at the complaint of ill treatment, and, with the best sources of informa tion open to him, denies those assertions altogether. It remains to say that the government, having no sufficient ground, cannot agree that the two seamen in question in the present case were hardly treated or made to suffer unnecessary hardship. For this reason I cannot admit, what your lordship seems to claim, that the Secretary of the Navy ought to have expressed his disapproval of the proceedings of the officers of the Cambridge, or that he ought, in view of the whole case, to have expressed an intention to take means to secure considerate treatment in future to British seamen in similar circumstances. At the same time this government means and intends to conduct its operations upon the highest principles of humanity known in maritime proceedings, and especially with a view to the exercise of justice and moderation, so far as these proceedings affect Great Britain and other friendly powers, and, therefore, a copy of these papers will be addressed to the flag-officers of the blockading squadrons, accompanied by an instruction from the Secretary of the Navy to use irons only when and so long as necessary, and in all cases to practice the utmost kindness consistent with the safety of captives and prizes towards seamen captured in attempting to break the blockade. I avail myself of the opportunity to renew to your lordship the assurance of my high consideration. I am, sir, your obedient servant, WILLIAM H. SEWARD. Right Hon. LORD LYONS, &c., &c., &c. Mr. Seward to Lord Lyons. DEPARTMENT OF STATE, Washington, December 3, 1861. I refer again to your lordship's note of the 30th of November for the purpose of saying that the case of the two seamen of the British schooner Louisa Agnes, which was captured on a charge of attempting to run the blockade, seems to stand so nearly on the same footing with that of the two seamen captured on board of the British schooner Revere, which I have disposed of in a previous note of this date, that I pray your lordship to accept my reply in the latter case as expressing the opinions of this government upon the former case also. I have the honor to be, with high consideration, your lordship's obedient servant, Right Hon. LORD LYONS, &c., &C., &C. WILLIAM H. SEWARD. Mr. Seward to Lord Lyons. DEPARTMENT OF STATE, Washington, December 11, 1861. MY LORD: Your lordship's note of December 9, relating to minors who, being British subjects, have been enlisted in the army, has been received. I thank you for bringing the subject again to my attention. I have to state with perfect frankness that the law which directs the dismissal of minors enlisted in the army without consent of their parents was enacted in a time of peace when there was no prospect of foreign war or domestic insurrection such as is now existing. The operation of the law has been found very injurious in the present case, and at one time it concurred with other causes which seemed to threaten a serious demoralization of the forces of the United States under circumstances of much anxiety and solicitude. The Secretary of War at that moment was disinclined to give the law prompt and complete effect in regard to American citizens who came within the scope of its provisions, and considerations of public safety rendered it unwise to discriminate against them and in favor of the subjects of other states who had been at their own desire enlisted into the service of the United States. Another circumstance entered into the case increasing the embarrassment of the question. It was reported in many cases that the parents of minors favored their enlistment, suppressing the fact of their minority until after they had come into service, and then fraudulently sought to avail themselves of the letter of the law to procure their discharge, to the great detriment of the public service and th possible danger of the country. in I have now consulted with the Secretary of War freely upon this subject, and, as a result of that consultation, I have to inform you that all the cases mentioned your communication of the 9th instant, (now before me,) will be taken up and disposed of by the War Department, and wherever it is clearly shown that the soldier is a British subject, and a minor within the meaning of the law, an order will be made for his discharge. With this view, the list of names attached to your note will be filed in the War Department for reference. To expedite your wishes, it will probably be best that you furnish me the proofs in all these cases, if convenient to you, instead of excluding those heretofore furnished by you. This suggestion, however, is made simply with a view to a greater despatch in the business. If you wish it I will collect the proofs already furnished. So much, if you please, as to the past and present cases. I am now to inform you that the President will immediately ask Congress to revise the law in question and modify its provisions, so that they shall be suspended during the continuance of this insurrection. Unable to foresee what Congress may do, the government will not deem itself bound to take up any new cases that may be presented, either in regard to Americans or foreigners found in the army and claiming the benefit of the law, until sufficient time shall have elapsed to obtain the will of Congress upon the subject. Your lordship will, of course, understand that the remarks with which I have opened this note are intended not as an argument against the claims upon which you have insisted with entire propriety and great delicacy, but as explaining the delay in disposing of the subject which has occurred, a delay which the government regrets as much as your lordship. I have the honor to be, with high consideration, your lordship's obedient servant, Right Hon. LORD LYONS, &c., &c., &c. WILLIAM H. SEWARD. Lord Lyons to Mr. Seward. WASHINGTON, December 16, 1861. SIR: I have this afternoon had the honor to receive two notes from you dated thirteen days ago, and a third dated twelve days ago. They relate to the representations which I felt it to be my duty to address to you with regard to the treatment to which seamen belonging to the British schooners Revere and Louisa Agnes were subjected by officers of the United States navy. It is not my purpose, on the present occasion, to make any observations on their contents. I hasten, however, to inform you that they have only reached me to-day, lest I should be deemed guilty of discourtesy in not having acknowledged the receipt of them until so long after their dates. I have the honor to be, with high consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., &c., &c. LYONS. Lord Lyons to Mr. Seward. WASHINGTON, January 4, 1861 [2] SIR: It has become my painful duty to communicate to you the intelligence of the death of his Royal Highness the prince consort. His Royal Highness expired at Windsor Castle at ten minutes before eleven o'clock on the night of the 14th of last month. Letters announcing this mournful event to the President of the United States will be forwarded as soon as they can be submitted for her Majesty's signature. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., &c., &c. LYONS. Mr. Seward to Lord Lyons. DEPARTMENT OF STATE, Washington, January 7, 1862. MY LORD: With reference to your private note of the 30th ultimo, in which mention is made of the imprisonment of three of the crew of the British schooner Adeline, and of the oath exacted from them as a condition of their release, and to my reply, I now have the honor to enclose to you for information the copy of a communication of the 4th instant, addressed to this department by the Secretary of the Navy, on the subject. I avail myself of this opportunity to renew to your lordship the assurance of my high consideration. Right Hon. LORD LYONS, &c., &c., &c. WILLIAM H. SEWARD. Mr. Welles to Mr. Seward. NAVY DEPARTMENT, January 4, 1862. SIR: I have had the honor to receive your communication of the 31st ultimo, in reference to the conditional release of three of the crew of the British schooner Adeline, captured for a breach of the blockade by Commander Maxwell Woodhull, of the United States steamer Connecticut. Commander Woodhull has been informed that, in your opinion, the requirement exacted by him is not warranted by public law, and that the three alleged British subjects in question are, consequently, to be considered as absolved from the obligation required of them. I have also given instructions to the flag-officers of the blockading squadrons, so that a similar condition for the release of persons found on board of prizes, or vessels charged with a breach of the blockade, may not in future be exacted. I transmit herewith, for your information, an extract from a report of Commander Woodhull in relation to the release of the parties, &c. I am, respectfully, your obedient servant, Hon. WILLIAM H. SEWARD, GIDEON WELLES. Secretary of State. [Extract.] SIR: UNITED STATES STEAMER CONNECTICUT, * Among the persons found on board the schooner Adeline (one of the above prizes) was a citizen of Georgia, Captain Hardee, commanding a company of artillery, now located in one of the forts near Savannah. He was connected with the Adeline as her supercargo, and, by his own acknowledgment, a bearer of despatches from Messrs. Mason and Slidell, which documents he threw overboard a few moments before our boat boarded the schooner. I understand also that he is the nephew of Colonel Hardee, late of the United States army, now a general of the rebel forces. He is of an influential family, who, doubtless, will use great exertion to obtain his release or exchange. Under these circumstances I determined to bring him north and place him in charge of the United States marshal at New York to await the further orders of the government. It was also my desire to bring with me the captain of the Adeline, her pilot and mate, "old offenders," having, by their own admission, and other evidence, satisfactorily proved that they had run the blockade several times before, but, as they were claimed as British subjects by her Britannic Majesty's vice-consul at Key West, I did, by advice (though not of my own judgment) of Judge Marvin, conclude to liberate them, first, however, causing the said consul to furnish me with written personal obligation, under oath, not to again embark in a like enterprise or interfere with the legitimate object of the United States government in suppressing the rebellion. Hon. GIDEON Welles, * * * M. WOODHULL, Commander United States Navy. Secretary of the Navy, Washington City. Mr. Seward to Lord Lyons. DEPARTMENT OF STATE, Washington, January 7, 1862. MY LORD: I receive with deep sensibility the painful intelligence you have communicated to me of the death of his Royal Highness the prince consort of her Majesty, your sovereign. Your lordship is not unaware of the high regard for her Majesty which is entertained, not only by the government, but by the whole people of the United States, and that this consideration also was extended to and embraced the just, liberal, and enlightened prince, whose too early death has now brought her Majesty into the experience of the greatest of afflictions. But I forbear from expressing myself at large on the subject now, reserving the expression of the national sympathies on the occasion for the President of the United States, to whom it will be my sad duty to communicate, when received directly, the official information of the mournful event you have announced to me. I have the honor to be, with high consideration, your lordship's obedient servant, Right Hon. LORD LYONS. WILLIAM H. SEWARD. Mr. Seward to Lord Lyons. DEPARTMENT OF STATE, Washington, January 8, 1862. MY LORD: Adverting to my note to you of the 3d instant, relative to the improper position in which the British flag was placed on board the schooner James Campbell, captured on a charge of breach of blockade, I now have the honor to enclose to you, for your information, the copy of a further communication just received from the Secretary of the Navy on that subject. I have the honor to be, with high consideration, your lordship's obedient servant, Right Hon. LORD LYONS, &c., &c., &c. WILLIAM H. SEWARD. Mr. Welles to Mr. Seward. NAVY DEPARTMENT, January 7, 1862. SIR: Referring to my letter of the 2d instant, I have the honor to transmit herewith an extract from a communication received from Acting Master John Baker, in explanation of his conduct in taking the prize schooner James Campbell into New York with the British flag flying under the American. I have the honor to be your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State. GIDEON WELLES. [Extract.] NEW YORK, January 3, 1862. SIR: I received your order to-day stating for me to make a written statement and explain the reason for hoisting the English flag under the American. Commodore, not being acquainted with the customs of fetching in prizes, I was under the impression that I was right. My intention was to do right, but it was not done for any bad purpose or intention to insult the English flag in any way whatever. I was wrong for so doing, and truly hope the department will forgive me. * Commodore Paulding. JOHN BAKER, Acting Master United States Navy. |