Mr. Burnley to Mr. Seward

Sir: I have the honor to call your attention to the enclosed copy of a despatch which I have received from her Majesty’s consul at New York, relative to the imprisonment of Ernest W. Pratt and Robert Green, who appear to be British subjects.

The facts of the case are so fully stated in this despatch, that I have little to add to its contents.

[Page 116]

I wish, however, to draw your attention at the present moment to two points. In the first place, although these men own that they served on board of a ship which did indeed convey arms and ammunition to a vessel under Danish colors, which appears to have been fitted out for hostile acts against the United States, they declare that they shipped for an ordinary voyage to the West Indies; that they were ignorant of the intention to employ the City of Richmond in the manner above mentioned; and that when, on passing the island of Ushant, they first became aware of the change of destination of the vessel, they could not, without being guilty of mutiny, resist the orders of the captain.

In the second place, with regard to the alleged conduct of the United States consul at Nassau, the men declare that this gentleman, instead of granting passports to them, indorsed on the back of their discharges from the City of Richmond, certificates which he assured them would serve as passports, and would entitle them to return to England through the United States, and that it was I upon the faith of the assurance of this United States official that they were induced to come to New York on their way to England.

I have the honor to request that you will have the goodness to inform me of the precise grounds upon which Pratt and Green are detained as prisoners, and of the nature of the evidence against them.

At the same time I beg that, if there is no reasonable ground for detaining them, they may now be discharged, on condition of their pursuing their voyage to England without delay.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

J. HUME BURNLEY.

Hon. William H. Seward, &c., &c., &c.

Mr. Archibald to Mr. Burnley

Sir: I have the honor to report to you that Ernest W. Pratt and Robert Green, two British subjects, who arrived at this port from Nassau by the Corsica, were arrested on board that vessel on the morning of the 18th instant, by the revenue officers, for not having sufficient passports, and were brought to General Dix’s headquarters, and from thence sent to the county jail, where they are now detained.

On Monday, the 20th, I received a communication from Mr. Pratt, requesting an interview; and after communicating with the United States marshal, and subsequently with General Dix, who applied by telegraph to Washington for instructions, I was finally permitted to have an interview with the prisoners this morning at General Dix’s headquarters, in the presence of Major Ludlow, in compliance with instructions from the Secretary of State, that any such interview should take place in the presence of an officer of the United States.

General Dix had communicated to me on Wednesday last that the examination of the prisoners presented an aggravated case of violation of neutrality; and Major Ludlow this morning showed me a copy of his report on the case, from which, and from questions put by me to the prisoners, I elicited the following facts:

Ernest W. Pratt, a native of London, aged 25 years, and Robert Green, a native of Northampton, aged 29 years, both British subjects, were, the former chief officer and the latter chief steward of the steamship City of Richmond, of London, which vessel cleared from London on the 3d of January last, with provisions and coals, dropped down the river to Greenhithe, and there took on board between sixty and seventy passengers, and a number of cases believed to have contained small-arms, together with about 150 barrels of gunpowder. The steamer then proceeded to a place about five miles distant from Belle Isle, where she fell in with the ram Olinde, then under Danish colors; the passengers taken on board at Green-hithe, who are said to have been officers and seamen, were transferred to the Olinde, with the cases and ammunition taken on board at Greenhithe.

The City of Richmond then proceeded to Bermuda, remained a week there for some refitting, and went to Nassau, where the officers and crew were discharged and paid off—the vessel being placed, as it is asserted, under the command of a fresh master appointed to her by one Cranshaw, a citizen of the United States, belonging to one of the insurrectionary States, who, it is said, was the real owner of the City of Richmond all the while, although she was nominally registered as a British vessel.

[Page 117]

The officers and crew of the City of Richmond were regularly shipped in London for a voyage to Bermuda and West Indies, or any port of British North America—the voyage not to exceed four months. On being discharged at Nassau they insisted on, and after some difficulty and dispute with theagents of the owners succeeded in obtaining, payment for the stipulated time of four months. Regular written discharges were issued to them, and Pratt, the chief officer, and Green, the steward, having determined to return to England by way of New York, went to the United States consul at Nassau to obtain passports. The consul, in stead of granting passports, indorsed on the back of their discharges from the City of Richmond a certificate which he assured them would serve for a passport, and would entitle them to pass through the United States to England. They relied on this assurance and came on to New York.

The case of these prisoners is peculiar. That they served on board a vessel which conveyed arms and ammunition, as well as men, to a vessel which is reported to have been fitted out and intended to be used hostilely towards the United States, is admitted by themselves. All that is known of their connexion with the transaction has been gathered from their exanimation, unless, indeed, the United States consul at Nassau may have communicated to his government information on the subject.

The answer which both Pratt and Green make to the charge of a breach of neutrality is, that they shipped for an ordinary voyage to the West Indies; that they were ignorant of theintention to employ the City of Richmond in any illegal voyage; that they believed they were to bring to Bermuda and Nassau the passengers and effects shipped at Greenhitbe, and that it was not until after the City of Richmond had passed the island of Ushalt that they were aware of the change of destination; and that it was not in their power to resist or prevent the commander from navigating the ship in whatever direction he thought fit, and trans-shipping the men and munitions of war on board the Olinde.

They complain also, and with some reason, that a passport, or what was intended to serve as a passport, should have been granted to them by the United States consul at Nassau, apparently only to serve as the means of entrapping them on their arrival here, and allege that had they felt they were liable for the acts of others over whom they had no control, they would never have presumed to return to England by way of the United States. In Major Ludlow’s report it is stated (as reported to him) that Pratt and Green secreted themselves on the Corsica’s arrival here. They both most positively deny the truth of this statement. Pratt states that he was arrested at 6 o’clock in the morning, while he was in his berth in the captain’s cabin, where he had slept all the way from Nassau; and Green denies that he was in any manner secreted, or that he intended to secrete himself.

I have the honor to submit the foregoing statement of circumstances for your consideration, and for such action thereon as you may think proper. Her Majesty’s government, I am well assured, would in no manner afford its protection to parties who had committed a willful breach of neutrality. In this case, however, the evidence, so far as I am aware, consists of the statements of the prisoners themselves, who assert that, so far as they are considered to be implicated, they were involuntary agents; that they were engaged for and sailed on a lawful voyage, and were unable, without being guilty of mutiny, to resist the orders of the commander of the ship.

I have, &c.

E. M. ARCHIBALD.

J. H. B>urnley, Esq., &c., &c., &c.