Hume Burnley to William H. Seward, December 6, 1864

Mr. Burnley to Mr. Seward

With reference to my note of the 20th of October, and your reply of the 1st ultimo, and to my further note of the 26th ultimo, relative to the case of the Night Hawk, I have now the honor to enclose the register of this vessel, and other papers duly legalized by the United States consul at Liverpool, for the purpose of setting at rest the question of nationality, as raised by your note of the 1st ultimo.

In these papers you will see it distinctly stated that the Night Hawk was a British paddle-steamship, registered in the shipping register at Liverpool, and owned by Edward Lawrence, who appointed Captain Smiley, a British subject, in command of the ship.

I hope that the Secretary of the Navy will take these documents into serious consideration, with a view of modifying his assertion with regard to belligerents and neutrals, and look upon the ship as a vessel belonging to a neutral power, and the crew, a list of whom I had the honor to forward in my note of the 20th of October, as neutral subjects of that power.

I beg you to return me the original documents as soon as note has been taken of their contents.

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