Lord Lyons to Mr.
Seward.
Washington,
May 22, 1864.
Sir: With a note which you did me the honor to
write to me on the 16th instant, you communicated to me a letter
addressed to you on the 13th instant, by the Secretary of the Navy,
stating that he had written on the 7th instant to the United States
marshal at New York to direct him to apply a certain test oath to the
five persons lately belonging to the Don, who are confined in the county
jail in Ludlow street, New York, and to release them on their taking it,
provided nothing was elicited on examination to show that they had sworn
falsely. On the 17th instant, ten days after the Secretary of the Navy
sent this order to the marshal, the men were still in the jail, and no
examination of them had taken place. I have no reason to suppose that
they have yet been released.
The Secretary of the Navy says that it is not unreasonable to expect that
persons seized in vessels violating the blockade will be necessarily
subjected to detentions and annoyances, and adds that the cause in which
they are engaged is certainly not one which commends them to special
favors or hasty action.
Her Majesty’s government do not ask that special favors shall be shown to
British subjects seized on board vessels captured for breach of
blockade. On the contrary, they regret and disapprove the conduct of
British subjects who violate the blockade.. But her Majesty’s government
do expect that, with regard to these, as well as to other British
subjects, the rules of international law shall be observed; and they
cannot consent that the government of the United States shall inflict
upon any of her Majesty’s subjects penalties not warranted by that law,
or that the United States authorities shall, whether from neglect or of
set purpose, expose British subjects to unnecessary or unlawful
detention and annoyance.
I have the honor to submit to you copies of a despatch from her Majesty’s
consul at New York, and its enclosures, relative to the men formerly
belonging to the Don, as well as to those formerly belonging to the
Scotia, and to the other prisoners captured on board British vessels who
are confined in the Ludlow street jail; and I cannot but express an
anxious hope that you will at once enable me to inform her Majesty’s
government that all these British subjects have at length been
released.
I have the honor to be, with the highest consideration, sir, your most
obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.
Mr. Archibald to Lord Lyons.
British Consulate, New York,
May 19, 1864.
My Lord: I have the honor to acknowledge
the receipt of your lordship’s despatch of the 16th instant in
reference to the continued imprisonment in the county jail of New
York of the seamen of the Don and Scotia.
In compliance with your lordship’s instructions, Mr. Vice-Consul
Edwards yesterday visited and personally examined all the prisoners
remaining in the jail, and has taken from the men of the Scotia a
short affidavit in support of their declarations that they are
British subjects. Mr. Edwards, who examined them more particularly,
states that he discovers in their general appearance and dialect
nothing which should give rise to any doubt of the truth of their
declarations. What the certain information may be to which Mr.
Murray refers your lordship will by this time probably have been
ascertained.
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Mr. Vice-Consul Edwards also examined, upon oath, Adolphus Russell,
who swears that he is a native of Green Turtle cay, and has never
taken any oath of allegiance to a foreign state. He further swears
that he was at Key West in the summer of 1861 for about two weeks,
as a seaman belonging to the Bahamian, and was again at Key West for
three days when captured in the Racer.
In regard to the seamen of the Don, two of them, namely, Samuel
Bostock and John Temple, stated to Mr. Edwards that they had been
told by the officers of the United States ship Newbern, when
prisoners on board that vessel, that the only way to obtain their
release was to join the United States navy.
Just before the receipt of your lordship’s despatch I received from
Mr. Charles Edwards a further letter in reference to the continued
imprisonment of the men of the Don, of which I enclose a copy for
your lordship’s information.
I have, &c., &c.,
Lord Lyons, &c.,
&c., &c.
Affidavits, &c.
John Smith, Robert Fernando, Richard Risley, William L. Paine,
John McKenley, and A. W. Stein, being sworn, depose that they
are British subjects, and have not been naturalized in any
foreign country, nor have they taken any steps towards being so
naturalized.
John Smith for himself swears, that he is a native of Nassau, New
Providence, and is twenty-seven (27) years of age.
Robert Fernando for himself swears, that he is a native of
Nassau, New Providence, and is twenty-eight (28) years of
age.
Richard Risley for himself swears, that he was born at sea of
British parents, and is of the age of forty (40) years.
Wm. L. Paine for himself swears, that he is a native of Nassau,
N. P., and is thirty three (33) years of age.
John McKenley for himself swears, that he is a native of Halifax,
Nova Scotia, and is of the age of twenty-one (21) years.
A. W. Stein for himself swears, that he was born at Antwerp of
British parents, and is of the age of twenty-six (26).
JOHN SMITH.
ROBT. FERNANDO.
RICHARD RISLEY
W. L. PAINE.
JOHN McKENLEY.
A. W. STEIN.
Sworn before me this 19th day of May, A. D. 1864.
Charles Edwards to Mr. Archibald.
Sir: The five officers of the Don are still
kept in prison. About a week ago I w as told that Marshal Murray was
gone to Washington expressly about these men. And after that I was
informed an order had come on for their further examination. I now
very much doubt these statements. At any rate, no further
examination has taken place, and none can be necessary in the face
of their former statement and deposition (sent to you). On Saturday
I was assured by
[Page 615]
the
deputy marshal they should be released on Monday. On that day
(yesterday) I sent up my young partner to the marshal’s office for
an order of discharge, when he was told that Marshal Murray was
coming on with their discharge, and would be in New York with it
last evening. I go again to-day, and there is neither Marshal Murray
nor a discharge.
This is more than trifling, and I have to continue to pay $12 a week
each man for board in prison.
Although I multiply my letters, and may seem to give trouble, I must
do a duty by keeping the situation of these men known.
I am, &c., &c., &c.,
