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CASE OF THE PERTHSHIRE.

Lord Lyons to Mr. Seward.

BRITISH LEGATION,

Washington, D. C., October 11, 1861.

SIR: I have the honor to transmit to you a copy of a memorial addressed to Earl Russell, her Majesty's principal secretary of state for foreign affairs, by Mr. William Gray, owner of the British ship "Perthshire," which appears to have been interfered with by United States ships-of-war. I am directed by Lord Russell to ask the government of the United States for an explanation.

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

Hon. W. H. SEWARD, &., S., &c.

LYONS.

Mr. Gray to Earl Russell.

HARTLEPOOL, August 28, 1861.

MY LORD: I take the liberty of directing your lordship's attention, in your official capacity as secretary of state for foreign affairs, to the following facts. connected with the seizure and detention by a United States steamship of the ship "Perthshire," of the port of Hartlepool, whilst engaged in lawful commerce upon the high seas, and to request that your lordship will, through the British ambassador at Washington, bring the case before the govern ment of the United States, and demand compensation for the loss I have sustained by the detention of my ship, and which loss I estimate at the sum of two hundred pounds sterling, besides rendering void all insurances effected upon the ship, her cargo and freight, (of the gross value of forty thousand pounds sterling,) by compelling the ship to deviate from her voyage.

The "Perthshire," a ship of 810 tons register, was chartered by a mer chant in Liverpool, in March last, to proceed in ballast from Grimsby to Pensacola, and there load a cargo of timber for the United Kingdom; the charterer, however, having the option, through his agent at Pensacola, of ordering the ship to Mobile to load cotton for Liverpool at a lump sum of £2,300.

The ship sailed from Grimsby in March last, and on the 13th of May was making for the harbor of Pensacola, when she was ordered to heave to by the commander of the United States steamship "Niagara." She was boarded by Lieutenant Brown, boarding officer, who informed Captain Oates, of the Perthshire," that Pensacola was blockaded, and indorsed the vessel's register as follows:

"Boarded by the United States squadron May 13, 1861, and warned not to enter the harbor of Pensacola.

Ex. Doc. 1-12

"GEORGE BROWN,

"Lieut. United States Navy, Boarding Officer."

In reply to the inquiry of Captain Oates, the lieutenant informed him that Mobile was not blockaded. The ship then proceeded to Mobile, where she arrived on the 14th May. Mobile was not blockaded until May 26. At Mobile the "Perthshire" loaded a cargo of cotton for Liverpool, and proceeded to sea on May 31; outside the port she was again boarded by the boarding officer of the United States steamship "Niagara," who examined his [her] clearances, expressed himself satisfied with them, and said the ship might proceed on her voyage. She proceeded with light and variable winds until the 9th of June, when she was boarded by the boarding officer of the United States ship "Massachusetts," who, after communicating with his ship, sent a prize crew of 29 men and 2 officers on board the "Perthshire," who took possession of the ship and all the captain's papers, hauled down the British flag and hoisted the United States flag. They altered the course of the ship, and took her back towards Pensacola, off which place, on the 12th of June, after sailing about 200 miles back, they fell in with the United States squadron, the commander of which ordered the "Perthshire's" release, without, however, making any compensation for the detention to which she had been subjected, nor for the ship's stores, consisting of tea, coffee, and sugar, used by the prize crew whilst on board the "Perthshire."

On the ship being released, the captain's papers were returned to him, and his clearance indorsed as follows:

"Boarded June 9, 1861, by the United States steamship 'Massachusetts,' detained under note 159, page 339, Vattel's Law of Nations; liberated by commanding officer of the Gulf squadron June 12, 1861."

This indorsement was without any signature.

A paper was given to the captain of the "Perthshire," on which was written, also without signature, as follows:

"Vattel's Law of Nations. Sir Walter Scott's Opinion. Note 159, page 339, article 3. Things to be proved:

"1. The existence of a blockade.

"2. The knowledge of the party supposed to have offended.

"3. Some act of violation."

Such, my lord, is a plain, unvarnished statement of the facts connected with this extraordinary seizure and detention. The ship having reached her destination safely prevents a discussion as to liability in the event of loss after the deviation in the voyage, but which the Liverpool underwriters say they would have been exempted from had such taken place.

The ground upon which I base my claim for £200 is as follows: The ship had been nine days at sea when she was seized. She was taken back almost to the place from which she first started, and three days after that (or twelve days from leaving Mobile) she was as far from Liverpool as on the 31st of May, when she sailed from Mobile. Her freight was about £550 per month, and twelve days at that rate is about the sum I claim.

The case of the "Perthshire," my lord, has been commented upon by all the leading journals in Great Britain, and without exception they pronounce it a case in which our government ought to make a demand for damages. I venture to hope, therefore, that your lordship will take such steps with regard to this matter as will prevent a repetition of improper interference with British ships, and at the same time obtain for me the reasonable and fair compensation I claim.

I have, &c.

The Right Hon. Earl RUSSELL, &c., &c., &c.

WILLIAM GRAY, Owner of the ship "Perthshire."

Mr. Seward to Mr. Welles.

DEPARTMENT OF STATE, Washington, October 19, 1861.

SIR: I transmit herewith a copy of a note from the British minister of the 11th instant, and of its accompaniment, respecting an alleged interference with the British ship "Perthshire" by vessels of the United States blockading squadron.

I will thank you to furnish me with such information upon the subject as will enable me to reply to the note of Lord Lyons. I have the honor to be, sir, your obedient servant,

Hon. GIDEON WELLES,

Secretary of the Navy.

WILLIAM H. SEWARD.

Mr. Seward to Lord Lyons.

DEPARTMENT OF State, Washington, October 19, 1861.

MY LORD: I have the honor to acknowledge the receipt of your note of the 11th instant, accompanied by a copy of a memorial addressed to her Majesty's principal secretary of state for foreign affairs, by Mr. William Gray, owner of the British ship Perthshire, alleged to have been interfered with by United States ships-of-war.

A copy of those papers has been transmitted to the Secretary of the Navy with a view to a proper investigation of the matter. When the reply of that officer shall have been received, I shall lose no time in communicating to your lordship the result of the investigation.

Accept, my lord, the assurance of my high consideration.

The Right Hon. Lord Lyons, &c., &c., &c.

WILLIAM H. SEWARD.

Mr. Welles to Mr. Seward.

NAVY DEPARTMENT, October 24, 1861.

SIR: I have the honor to acknowledge the receipt of your letter of the 19th instant and enclosures, and to transmit herewith a copy of a report of Captain William W. McKean, commanding United States ship Niagara, and a copy of a report of Commander Melancton Smith, which contain such information as the department possesses in relation to the seizure of the British ship "Perthshire" by the United States steamer Massachusetts, and her subsequent release by order of Captain McKean.

I am, respectfully, your obedient servant,

Hon. WILLIAM H. SEWARD,

Secretary of State.

GIDEON WELLES.

Captain McKean to Commodore Mervine.

UNITED STATES STEAMER NIAGARA,

Of Southwest Pass of Mississippi, September 19, 1861. SIR: Your communication of the 17th instant, with the accompanying document, was received on the 18th instant.

The English ship "Perthshire," Captain James Oates, left the harbor of Mobile on the 30th of June, 1861, and was boarded by Lieutenant Spicer, from this ship, and passed by my order, the fifteen days allowed by the proclamation of the President of the United States for neutral vessels to depart not having expired.

I am under the impression that no indorsement was made upon her register, as I did not consider it necessary.

Í arrived off Fort Pickens in the Niagara early on the morning of the 12th of June, 1861. A large ship, which proved to be the "Perthshire," had just anchored.

Immediately after the Niagara had come to anchor, Commander M. Smith, commanding the United States steamer Massachusetts, came on board and reported having captured the Perthshire in latitude 27° 27' and longitude 85° 31'.

I stated to Commander Smith that the Perthshire had left Mobile within the time allowed by the President's proclamation; that I considered the capture illegal, as, by order of the department, no neutral vessel not having on board contraband of war, was to be detained or captured unless attempting to leave or enter a blockaded port after the notification of blockade had been indorsed on her register. I therefore directed him to release the "Perthshire," and to replace such provisions and stores as might have been used by the prize crew.

She was accordingly released and immediately got under way, Commander Smith having reported to me that he had not only replaced such provisions as had been used, but had also supplied her with water.

I subsequently received from Captain Adams the report of Commander Smith, a copy of which is herewith submitted. It bears no date.

As I was in hourly expectation of your arrival from Key West, I had fully intended reporting the circumstances to you, but it escaped my memory. I am, sir, your obedient servant,

Flag Officer WILLIAM MERVINE,

WM. W. McKEAN, Captain.

Commanding Gulf Blockading Squadron,

United States Steam Frigate "Colorado."

Commander Smith to commanding officer Gulf squadron.

U. S. STEAMER MASSACHUSETTS,
Of Pensacola, Florida.

SIR: I have to report that on the 9th instant, in latitude 27° 27', and longitude 85° 31', I boarded and scized as a prize the English ship "Perthshire," from Mobile, bound to Liverpool, with a cargo of 2,240 bales of cotton; said ship having been boarded by one of the blockading fleet off Pensacola, May 13th, and warned not to enter the harbor.

Two officers and twenty-nine men were placed on board the prize, and

Mr. Wm. R. Clark, acting master, was directed to proceed with all possible despatch and report to the senior commanding officer of the Gulf squadron for instructions.

In addition to the above, I boarded ship Janico from Mobile, ship Carl and bark Mary from New Orleans, all loaded with cotton, and with registers indorsed; also ship Bramley Moore, from New Orleans, register not indorsed, but allowed her to proceed upon her voyage, as the time granted vessels to clear, according to the notification of blockade, had not expired. Very respectfully, MELANCTON SMITH,

The COMMANDING OFFICER

Commander.

Gulf Squadron, Pensacola.

[Indorsement by Captain Adams.]

JUNE 10, 1861.

At the time the Perthshire was boarded from this ship and ordered off from Pensacola there was no blockade of Mobile or the Mississippi river. H. A. ADAMS,

Captain U. S. Frigate "Sabine."

Mr. Seward to Lord Lyons.

DEPARTMENT OF STATE, Washington, October 24, 1861.

MY LORD: Your letter of the 11th of October last, presenting the claim of Mr. William Gray, owner of the British ship "Perthshire," for damages incurred by the detention of that vessel by the blockading squadron of the United States, was referred by me to the Secretary of the Navy for information upon the subject.

I have now received the answer of the Secretary of the Navy thereupon, which fails to show me that the detention of the Perthshire by Commander Smith, commanding the United States steamer Massachusetts, was warranted by law or by the President's proclamation instituting the blockade, although I am satisfied that that officer acted under a misapprehension of his duties, and not from any improper motive. It will belong to Congress to appropriate the sum of two hundred pounds, claimed by Gray, which sum seems to me not an unreasonable one. The President will ask Congress for that appropriation as soon as they shall meet, and he will direct that such instructions shall be given to Commander Smith as will caution him against a repetition of the errors of which you have complained.

I avail myself of this opportunity to renew to your lordship the assurance of my high consideration."

The Right Hon. Lord Lyons, &c., &c., &c.

WILLIAM H. SEWARD.

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