Lord Lyons to Mr. Seward.
Sir: Her Majesty’s government have considered the note which you did me the honor to address to me on the 12 th February last, relative to the case of the Don Jose. They are unwilling to suppose that that note was intended by the United States government as a final reply to their representations respecting the case, but they are nevertheless unable to refrain from saying that it is far from being satisfactory to them.
Her Majesty’s government consider that there can be, and is, no dispute as to the flagrant illegality of the capture of the Don Jose. The United States law officer could find no ground whatever upon which the vessel could be libelled as prize in the prize court, and this fact alone is, in the opinion of her Majesty’s government, suffcient to found the claim for compensation which it must be presumed that the court, had the case come before it, would, in the execution of its duty, have awarded in the form of costs and damages.
Her Majesty’s government cannot pass over the justification of the seizure which seems to be attempted in the reports of Commander Clitz and Acting Master Stimpson, which accompanied your note. They observe that those officers allege in effect that there was evidence in the ship’s papers of an intention to run the blockade. But if so, why was not the ship brought to trial? Her Majesty’s government conceive that it is impossible for the government of the United States, after releasing the vessel without trial, now to plead, as against the duty of making compensation, that there were good grounds of capture, and that the district attorney came to a wrong conclusion in the matter. Her Majesty’s government have therefore instructed me to renew and press their application to the government of the United States for proper compensation in the case. What the proper measure of compensation may be is a matter which may require investigation.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.