Right Hon. Lord Lyons to William H. Seward, April 9, 1863

Lord Lyons to Mr. Seward.

Sir: I have the honor, to transmit to you extracts from a correspondence between the British vice-consul at Key West and Rear-Admiral Theodoras Bailey, commanding the United States squadron at that place; as well as a copy of a despatch from her Majesty’s consul at New York. It would seem, from these papers, that the mail found on board the captured steamer Peterhoff has been dealt with, both at Key West and at New York, in a manner which is not in accordance with the views of the government of the United States, as stated in your letter to the Secretary of the Navy, of the 31st of October last. I do not doubt that you will deem it right to take the matter, without delay, into serious consideration.

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

[Extract.]

Your letter of yesterday’s date, enclosing one from Captain Jarman, of the 11th, has been received.

In reply, I have to state that the instructions of the United States government to any officer who shall capture or seize upon any ship as a prize are: “That, to avoid difficulty and error in relation to papers which strictly belong to the captured vessel, and mails that are carried, or parcels under official seals, you will, in the words of the law, preserve all the papers and writing found on board, and transmit the whole of the originals unmutilated to the judge of the district to which such prize is ordered to proceed.”

[Extract.]

Seeing by a letter I have received from Captain Jarman, of the Peterhoff, (a copy of which I now have the honor to enclose,) that he has government mails on board for Matamoras, I would respectfully request that they may be sent on to Matamoras by the brigantine Magicunne, which vessel leaves this to-morrow.

Consul Archibald to Lord Lyons.

My Lord: I have the honor to acknowledge the receipt of your lordship’s despatches of the 2d and of the 3d instant, in reference to the capture of the Peterhoff, and have to report to your lordship that the master and passengers were all severally released, after their examinations had been taken in preparatorio before the prize commissioners. These examinations, I believe, are not yet completed; but I apprehend that nothing whatever has been or will be elicited which can, in any manner, warrant the seizure of the vessel.

I have further to report that on Saturday last, pursuant to a notice from Mr. Commissioner Elliot, I attended his office to be present at the opening of the mail-bag of the Peterhoff. On arriving at the commissioner’s office I there saw the mail-bag in question, which was sealed with the seal of the general post office, London, the bag being marked as follows: Ship’s letter-bag, steamship Peterhoff; Bennet & Wade, ship and insurance brokers, London. As the bag was sealed with the seal of the general post office, London, I protested against the breaking of the seal. It was, nevertheless, opened by Mr. Elliot, in the presence of the district attorney, when there were found inside one small bag and thirteen packages of letters, all sealed with the seals of the general post office, London. The envelopes being printed official envelopes, with the royal arms, and all being regularly addressed to the postmaster, Matamoras, per Peterhoff. These packages were marked as having been received at the general post office from county offices, namely, the small bag and seven packages from Plymouth; five packages from Gravesend, and one from Falmouth; two of the packages were marked immediate.

The small bag, on being opened by Mr. Elliot, was found to contain one large despatch from the Mexican consulate in London, under the consular seal, addressed to the administrador de la aduana, Matamoras, and a large sealed letter to Messrs. Droege, Oething & Co., Matamoras, together with a letter bill from the general post office, London, specifying these two letters, and signed J. Stephenson, for the controller.

On receiving these packages thus sealed and addressed, the commissioner and district attorney, determined, for the present, not to open them, and promised to notify me if, and when, they shall proceed to break the seals and examine their contents.

I have, &c.,