Right Hon. Lord Lyons to William H. Seward, February 20, 1864

Lord Lyons to Mr. Seward.

Sir: With reference to my note of yesterday I hasten to send to you a copy of a despatch from her Majesty’s consul at New York, which puts it beyond all doubt that the statement made to the Navy Department that Captain Steele, of the Banshee, does not make oath that he is a British subject, is incorrect.

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

Mr. Archibald to Lord Lyons.

My Lord: Referring to my despatch of the 16th instant, I have the honor to report to your lordship that I have examined at the district clerk’s office the testimony “in preparation” in the case of the Banshee, which has been returned from Washington, and I find that the answer to the first interrogatory is as follows:

“To the first interrogatory he says: I was born in Yorkshire, England; I live at Liverpool when 1 am at home, and that has been my residence for about eleven years. I am married, and my wife and family live there. I am a British subject, and owe allegiance to the British government.”

The whole of the answers are subscribed by Captain Steele thus: “Jonathan W. Steele, master,” and were sworn to by him, before Mr. Henry H. Elliott, prize commissioner, on the 27th of November last.

I called on Mr. Elliott, and asked him if Captain Steele, on any occasion, had declined to swear that he was a British subject. He replied, “No;” “that so far as he recollected he answered the interrogatory on that subject readily.”

I transmit, herewith enclosed, for your lordship’s use, a copy of the stated rules and standing interrogatories in prize courts.

I have, &c,