Mr. Seward to Mr. Burnley.
Sir: I have the honor to acknowledge the receipt of your note of the 29th ultimo, which presents the views of her Majesty’s government in regard to the case of the crew of the ship Sylvanus, as their view are affected by the explanations which I have heretofore submitted.
I cheerfully admit that it was irregular on the part of the Huron to fire from a shotted gun at the Sylvanus in the first instance; although the firing was designedly wide of the mark, and therefore neither did nor could do any injury.
While this government disapproves of that irregularity, and directs that it shall not be repeated, it thinks, at the same time, that the case has very considerable extenuation in the facts that the Sylvanus was manifestly using the darkness of the night, increased by a haze, to effect her unlawful voyage, and that she did not respond to the summons she received, but persisted, and thereby rendered it necessary for the United States cruiser to apply direct force.
In regard to the ironing of the men, in order to carry them to Fort Warren I think it only necessary to say, that their detention was essential in order to ascertain whether they were rebels, or only blockade-running neutrals—a fact that could not be ascertained without personal inquiry, because the vessel had been sunk, and until this day we have no evidence that the Sylvanus was a British vessel. When British neutrals confound themselves with insurgents in arms in the United States, and refuse reasonable challenge and explanation, this government must insist on its right to make such inquiries as are necessary to ascertain the character of the offenders. Assuming the crew of the Sylvanus to have been British subjects, it is, nevertheless, to be considered that it was civil war into which the crew of that vessel improperly and wrongfully intruded themselves, against the laws of their own country and the law of nations. They thereby exposed themselves to such measures of vigilance on the part of the police as were required by a due regard to the safety of the state against which they were offending. The President regrets that a necessity for the injurious measures complained of should exist, but consoles himself with the reflection that it is not from any fault of this government that it has not long ago ceased.
I have the honor to be, with the highest consideration, sir, your obedient servant,
J. Hume Burnley, Esq., &c., &c., &c.