CO885-(10-11) — Page 153

8885.

PUBLIC RECORD OFFICE

C.O. 885

Reference :-

No. 115.

(BAHAMAB.)

-

LAW OFFICERS to FOREIGN OFFICE.

Doctors' Commons, May 14, 1862. Mr LORD,

We are honoured with your Lordship's commands, signified in Mr. Hammond's letter of the 8th May instant, stating that he was directed by your Lordship to transmit to us therewith a Despatch and its enclosures from Lord Lyons relative to the interference on the part of the United States' cruisers with the British merchant vessels "Lion," "Florida," and "Southport," while pursuing their respective voyages in the Gulf of Mexico, and to request that we would take the same into our consideration and favour your Lordship with any observations which we might have to make thereupon.

In obedience to your Lordship's commands we have taken these papers into con- sideration, and have the honour to

Report

10 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

That it is scarcely necessary for us to observe that in every case in which a com- with British plaint is made of interference by the United States' ships of war subjects Her Majesty's Government must have full and accurate information of all the material facts before it can determine upon the course which it may be disposed to adopt. No sufficient particulars are forthcoming in either of the cases of the "Lion or the "Florida to enable Her Majesty's Government to interfere or to take any steps internationally on behalf of the parties interested; there is no protest or statement of the precise facts in either case from the owners of ship or cargo, or their agents, or from the masters; and if (as would appear to be the case from Lord Lyons' statement that Consul Crawford states that the masters of the "Lion" and the "Florida" complain exceedingly of the conduct of Mr. Welch, Acting Vice-Consul at Key West, to which port these vessels were sent by their captors), the Consul has received any written communications from the masters since their capture containing the necessary particulars these have not been transmitted.

We observe that the facts of each case, as far as known, have been brought to Mr. Seward's cognizance by Lord Lyons, and that Mr. Seward promised that he would request the Secretary of the Navy to cause an inquiry to be made concerning them. We do not consider that any further steps can at present be taken by Her Majesty's Government.

With respect to the "Lion" no particulars are given as to the port from which she sailed, her destination, cargo, or place of capture.

With respect to the "Florida," bound from Havannah to Matamoras with “lawful goods," her capture would appear to be unjustifiable, but no particulara are given as to her cargo. It appears from Lord Lyons' Despatch that an active trade is kept up between Havannah and the blockaded ports of the Confederate States, notwithstanding the blockade; bearing in mind the situation of Matamoras, and that vessels intending to break this blockade will probably clear out with their papers in order, and with false destinations (not improbably in some cases to this and other Mexican ports), it cannot be safely assumed that the captures of such vessels on the high seas are unjustifiable merely because their cargoes are not contraband, and that they are captured at a considerable distance from any blockaded port, and that their ostensible destination is a neutral port. None of these cases approaches that of the "Labuan in the total absence of any justification for the capture, and neither in that nor in any other case of which we are aware have the friendly remonstrances of Her Majesty's Government been attended with any success.

As regards the case of the "Southport," nothing further can be done; at all events until the promised explanation is forthcoming.

16976.---909. 25.-2,86.