BADGER, Captain Commanding to John Welsh, January 27, 1879

Mr. Badger to Mr. Welsh.

Sir: I have already made you acquainted with the extortionate claims of certain parties that gave this ship assistance on the occasion of her late disaster, and that acting under advice of counsel awards were made and sent to each, which were thought to be very liberal. One party was satisfied, two others received the money, and the fourth returned it. The party least entitled to an award, if any, for reasons, that can be shown, has, through his solicitor, made a motion before the admiralty court to seize this ship and contents and hold her for salvage. This comes up on Wednesday next, at 10.30 a.m. The notice calls her the ship Constitution, not the United States frigate of that name, and the court, or clerk, who authorized the notice to be sent, could not be aware from the face of the papers, that she is a government vessel. All the authorities that have been consulted state that such proceedings cannot be taken against a government vessel.

I expected to be ready to sail, and intended to do so, on the very day this motion is to be made.

I am not very well myself, and I have directed Paymaster Allen, of this ship, who is familiar with all that has been done, to proceed at once to London to confer with you and also with the solicitor formerly consulted, a copy of whose opinion is lodged with you. I desire to do what is right, and all the experts, everyone Englishmen, here, say that most liberal payment has been made or tendered. These are small tugs with trifling power. The work was really done by the government tug sent to our aid. I cannot commit the Navy Department, or admit for one moment such preposterous claims.

I have the honor respectfully to request that you will interpose and prevent any such act as arresting this ship for the purposes indicated.

Mr. Allen has with him the correspondence which has taken place with these parties, and will explain all the matters connected therewith.

I suppose it will be best to employ counsel to combat the motion on the ground that she is a national vessel.

I have the honor to be, &c.,