William H. Seward to Right Hon. Lord Lyons, January 20, 1863
Mr. Seward to Lord Lyons.
My Lord: Adverting to your note of the 24th of November last, relative to the capture of the schooner Orion by the United States cruiser Quaker City, and to my reply, I now have the honor to enclose to you a copy of a letter of the 6th instant from the attorney of the United States for the southern district of Florida. on the subject.
I avail myself of this opportunity to renew to your lordship the assurance of my high consideration.
Right Hon. Lord Lyons, &c., &c., &c.
[Untitled]
Sir: I have the honor to acknowledge the receipt of your note of the 29th November, 1862, enclosing copy of a communication of the 24th of same month from her Britannic Majesty’s minister, concerning the capture of the schooner Orion.
The Orion was captured on the 24th of July of last year, and condemned as good prize on the 3d of September following. It is impossible for me to doubt that, under the decisions both of the American and English admiralty, the decision of the court is correct and warranted. The vessel sailed from Galveston to Kingston as. a confederate vessel in charge of a confederate master and crew. At Kingston a British register was taken out for her. She was captured on a voyage ostensibly from Kingston to Matamoras, in charge of the same master and mate who went out in her from Galveston. The mate swears that he believes the transfer was made through the master; but the master swears that he knew of no bill of sale being made or delivered, and knew of no papers concerning the vessel and cargo except those found in the vessel at the time of the capture, among which was neither a bill of sale nor a power of attorney from the former owner to sell. The master does not state that any consideration was given for the vessel at the time of transfer. The great number of decisions which bear upon this case are familiar to you.
Under all the circumstances the court was of opinion that the transfer was colorable and fraudulent. The vessel was condemned as enemy’s property. The claimant was granted an order for further proof with reference to the cargo. I may add that no appeal has been taken from the decree of condemnation of the vessel.
I have the honor to be, sir, your obedient servant,