Mr. Seward to Lord Lyons.
Department of State, Washington,
May 16, 1864.
My Lord: Referring to your note of the 30th
ultimo, to your informal communications of the 9th and 16th instant, and
to my note of the 14th instant, respecting the detention at New York of
Percival A. Bedwell and four other persons, claiming British protection,
and who were taken on the steamer Don, captured for violation of
blockade, I have the honor to enclose, in reply to your lordship’s
notes, a copy of a letter of the 13th instant from the Secretary of the
Navy.
I have the honor to be, with high consideration, my lord, your obedient
servant
Right Hon. Lord Lyons, &c., &c., &c.
Mr. Welles to Mr. Seward.
Navy
Department,
May 13, 1864.
Sir: I have the honor to acknowledge the
receipt of your letter of the 11th instant, enclosing a copy of an
informal note addressed to you by Lord Lyons, relative to the
detention in the county jail at New York of five persons who were
captured in the steamer Don, and to whose cases attention was
previously called in a note addressed to you by Lord Lyons on the
30th ultimo, and communicated to me on the 5th instant.
On the 7th instant a copy of this last-mentioned note of Lord Lyons,
and accompanying affidavits, was transmitted to the United States
marshal at New York, with instructions to re-examine into the cases
of the persons detained at the jail who claimed to be British
subjects. The five individuals referred to are of the number whom
Marshal Murray felt convinced are American citizens. In their
affidavits they founded their claims of alienage on the grounds that
they were born of British parents, and that they themselves belonged
to certain English ports. There were no sworn statements that they
had never voted, or in any other way exercised the privileges of
citizenship in the United States, and had never been in the pay or
employment of the insurgent authorities. It was therefore deemed
best to apply this test oath to them; and the marshal was directed
to release them on their taking it, provided nothing was elicited on
examination to show that they had sworn falsely. No report having
yet been received from Mr. Murray, I have written to him to-day on
the subject.
Bona fide British subjects found on board
neutral vessels seized for violating the blockade are not detained
as a punishment. The instructions of the department are to release
all such, when dispensed with as witnesses, and not charged with
belligerent acts. But doubtful cases frequently arise, and further
examination or the production of additional evidence seems warranted
and necessary. The department must rely, to a great extent, on the
integrity and judgment of the officers to whom the examination of
blockade violators is intrusted, and must be guided, in a great
measure, by their reports. In the particular cases in question, the
United States marshal reported that, from their dialect, general
appearance, and information received by him, he was convinced they
were American citizens.
It is not unreasonable to expect that persons seized in vessels
violating the blockade will be necessarily subjected to detentions
and annoyances. The
[Page 610]
cause
in which they are engaged is certainly not one which commends them
to special favor or hasty action.
Very respectfully, &c.,
GIDEON WELLES, Secretary of the
Navy
Hon. William H. Seward, Secretary of State,
