The Sun.
London, England, 1863-04-07 00:00:00

THE SUN, LONDON, TUESDAY EVENING, APRIL 7, 1863.

THE CASE OF THE PETERHOFF.

The following correspondence on the seizure of the
Peterhoff by Admiral Wilkes announces the resolu-
tion adopted by her Majesty's Government :
London, March 26, 1863.

My Lord,—A few months back my firm made arrange-
ments for despatching a lino of steamers between this coun-
try and Matamoras, in Mexico, and advertisements have
appeared in the daily papers for freight by such vessels.
The first vessel despatched was the Gipsy Queen, which
vessel has made the voyage out and home without any in-
terruption.
The second vessel despatched was the ship Peterhoff.
She left this port on the 7th day of January last, with a
general cargo, containing, however, nothing contraband, and
having a regular British and Mexican clearance, and carry-
ing her Majesty's mail, as well as despatches for the Mexi-
can Consul. She was to call at St. Thomas for coals.
On the 21st of February last, and when within three
mi!es of St. Thomas, the Peterhoff was boarded by an officer
from the Federal war steamer Alabama, who, after exa-
mining the ship's papers, left the vessel, having expressed
himself perfectly satisfied.
The Peterhoff coaled at St. Thomas, and left on the 25th
of February.

By advices received by the West India mail, just arrived,
lam informed that on the Peterhoff leaving St. Thomas,
and when within sight of the port, the Federal war steamer
Vanderbilt hove in sight, and, having communicated with
Admiral Wilkes, went in chase of and stopped the Peterhoff,
putting an armed crew on board.
By advices received from the United States to-day I learn
that the Peterhoff has been taken to Key West for adjudi-
cation as a prize. _ _

I hold myself at your lordship's disposal to submit the
manifest of the Peterhoffs cargo and any other documents
which your lordship may desire to see in proof of the above
facts.

A third vessel, the steamer Sea Queen, is nearly loaded
and about proceeding to Matamoras, and a fourth vessel
will shortly commence loading, cargo having been already
engaged.
It is scarcely necessary to point out to your lordship the
illegality of the capture and the unwarrantable proceedings
of the United States officers.
I hasten to bring the subject before your lordship, with
a view of soliciting the intervention of her Majesty's Go.
vernment in taking the requisite steps to ensure the imme-
diate restoration of the Peterhoff, with such damages as the
owners of that vessel have sustained.
I also avail myself of this opportunity to ask your lord-
ship to take whatever measures may be requisite to prevent
a repetition of such a proceeding by the United States offi-
cers, in order that the mercantile community of this country
may be assured their property and interests will not be
subjected to similar consequences, and as the owner of the
Sea Queen, about to sail, having come under engagements
with the shippers of cargo, I trust your lordship will not
consider I am asking too much in soliciting your lordship's
assurance that the ship and cargo will receive due protection
from her Majesty's Government. have the honour to be,
your lordship's obedient servant,
JOSEPH SPENCE,
Of the firm of Pile, Spence, and Co.
To the Right Hon the Earl Russell, her Majesty's
Principal Secretary of State for Foreign Affairs.
Foreign-office, March 25, 1863.
Sir,—l am directed by Earl Russell to acknowledge the
receipt of your letter of th;b day respecting the capture, by
the United States steamer Vanderbilt, of your steamer
Peterhoff, on her voyage from this country to Matamoras;
and I am to acquaint you that the master will have his
lordship's immediate attention, but, as it will be necessary
to lay before the law officers of the Crown the fullest details
respecting the case of the vessel, I am to request that you
will immediately forward to me every document in your
possession throwing light upon the destination and cargo of
the vessel, her voyage and capture, including any reports or
protests made by her master. To save time these documents
may be forwarded to me in original, and I will afterwards
request you to furnish me with copies of such of them as it
may be necessary to retain for the records of this office.—l
am, sir, your most obedient, humble servant,__

E. HAMMOND,
J. Spence, Esq., 2, Cowper's-court, Cornhill.

" 2, Cowper'o-court, Cornhill, E.C., March 27,

" Sir,—l have the honour to acknowledge the receipt of
your letter of yesterday, and in reply I beg to enclose the
following documents relating to the Peterhoff steamer, the
subject of my communication of yesterday :
" 1. Copy agreement, dated the 27th of October, 1862.
" 2. Advertisements for cargo which appeared in the
Times and Shipping Gazette.
" 3. Certified copy manifest of the cargo of the Peterhoff.
" 4. File of bills of lading of cargo.
" b. Four original policies of insurance on Peterhoff
from London to Matemoras, and back to Liverpool.
" 6. Copy private instructions from myself to Captafn
Jarman, master of the Peterhoff.
" 7. Original letter from Capt. Jarman to Messrs. Pile,
Spence, and Co,, dated St. Thomas, the 24th of February,
1863.
" 8. Extract of a letter from Messrs. Lamb, Ball, and
Co., St. Thomas, dated the 2d of March, 1863.
" 9. Extract of advice from Lloyd s agent at Key West
to Lloyd's, London.
" With reference to your inquiry for reports and protest
by the master of the Peterhoff, I beg to say that no com-
munication has been received from him since his above
letter of the 24th of February, when he was about leaving
St. Thomas, and for the reason that there has not been at
present sufficient time for him to communicate with Eng-

land. There cannot, however, be any doubt of the fact of
the Peterhoffihaving been captured by the United States'
naval officers at St. Thomas, for we learn from Captain
Weller, of the West India mail steamer La Plata, recently
arrived at Southampton, I hat he was an eye-witness to the
capture, and herewith you will find extract of a private
letter from Captain Weller to Captain Wake.
" In conclusion, I would add that I have made applica-
tion to the Mexican Consul for a certificate of the due clear-
ance by him of the Peterhoff for Matamoras, but owing to
his absence from town till Monday I am unable to procure
it until then.—l have the honour to be, sir, your most obe-
dient servant, " JOSEPH SPENCE.
" E. Hammond, Esq."

" 3, Cowper's .court, Cornhill, March 28, 1863.
" Sir,—Referring to what passed in the conversation 1
had with you yesterday relating to the Peterhoff teamer, I
now enclose the Liverpool Journal of Commerce of the 24th
inst., containing a note of the extraordinary judgment pro-
nounced by the United States' Prize Court at Key West in
the case of the Adela steamer, and which entitles me, I
think, to ask the Government to relieve me from the cer-
tainiy of a similar result.
" In this paper you will also find a statement of the cir-
cumstances at tending the capture of the Magicienne steamer
by the United States' vessel of war Onward, apparently
identical with the Peterhoff's capture, and which, in my
humble judgment, renders it incumbent on her Majesty's
Government to take immediate steps to prevent a conti-
nuance of the extraordinary course which the United States'
naval officers appear determined to adopt in all such cases
I have the honour to be, &c.,
" E. Hammond, Esq."

"JOSEPH SPENCE

"Foreign-office, March 28, 1863.
"Sir,--I have laid before Earl Russell your letter of this
day's date, enclosing a letter containing a report respecting
the decision of the Admiralty Court at Key West, in the
case of the Adele, and I am bound V) state to you that the
same shall be referred to the law officers of the Crown for
their consideration, with the other papers now before them
in the case of the Peterhoff.—l am, sir, your most obedient
humble servant,

"E. HAMMOND,
" Joseph Spence, Esq., 2, Cowper's-court, Cornhill."

"2, Cowper's-court, Cornhill, E.C., March 30,1863.
" My Lord,—Referring to my previous communication
on the subject of the Peterhoff (s'eamer), I have now the
honour of enclosing copies of the following documents :
"No. 1. Letter from Captain Jarman, master of the
Peterhoff, to Messrs. Pile, Spence, and Co., dated Key West,
March 7, 1863.

"No, 2. Copy of letter from Capt, Jarman to Mr. Gerard,
dated Key West, March 7, 1863
" No. 3. Copy of letter to me from Mr. Gerard, dated
New York, March 7, 1863.
" No. 4. Letter from Mr. Redgate and Mr. Brandon, pas-
sengers in the Peterhoff, to Messrs. Hird, Mundella, Smith,
and Co., of London, shippers of cargo per Peterhoff
" No. 6. Letter from Samuel J. Redgate to Capt. Halsted,
secretary of Lloyd's, of London, dated Key West, March 7,
1863.

" No. 6. Official report of Mr. Redgate to the secretary of
Lloyd's, detailing the circumstances attending the capture
of the Peterhoff.

" These documents, your Lordship will observe, while
they more than confirm the facts already communicated re-
specting the seizure of the Peterhoff, disclose a conviction
on the part of the officer in command of the Vanderbilt
(,teamer) that his proceedings were altogether unjustifi.ble,
and that to Admiral Wilkes is to be attributed the execu-
tion of a premeditated design to seize and take the Peterhoff
to a Prize Court.

"Your Lordship will not overlook the conduct of the
prize crew towards the officers, crew, and passengers of the
Peterhoff in keeping them confined to their cabins for seve-
ral days in such a climate.
" The pretence assigned for seizing the Peterhoff—
namely, that she had on previous occasions run the blockade,
is without a particle of foundation; the fact being that the
ship left England on her first voyage in the month of July
last, when she sailed for Bermuda and Nassau, at the latter
of which ports she loaded a return cargo direct for Liverpool,
where she arrived in the month of October last. On the
completion of that voyage she became my property, and the
present is her first voyage since I became the owner, and
the second voyage since she was built.
'Now that the facts are before your Lordship, free from
any possible contradiction, I venture to renew my request
that your Lordship will lose no time in demanding the im-
mediate restitution of the Peterhoff and her cargo, together
with damages for the gross outrage perpetrated by the un-
warrantable proceedings of the United. States' naval offi-
cers--and, further, that your Lordship will convey to me
the assurance of her Majesty's Government that my line of
steamers, engaged in lawful trade between this country and
Matatuoras, will receive such protection as will effectually
put an end to the arbitrary proceedings of Admiral Wilkes,
or any future interference by the United States naval autho-

rities.—l have the honour to be your Lordship's obedient
hum blo servant,

" JOSEPH SPENCE.
To the Right Hon. Fa/1 Russell, Her Majesty's Princi-
pal Secretary of State for Foreign Affairs."

Foreign-office, March 31, 1863.
Sir,—l am directed by Earl Russell to acknowledge the
receipt of your letter of yesterday's date, enclosing further
papers respecting the capture of the Peterhoff, and I am to
state to you that your letter has been referred for the con-
sideration of the law officers of the Crown.—l am, sir,
your most obedient humble servant,
E. HAMMOND•
Joseph Spence, Esq., 2, Cowper's-court, Cornhill.

Foreign-office, April 3, 1863.

Sir,--I am now directed by Earl Russell to make you
acquainted with the conclueion,at whicb,having considered,
in communication with the law officers of the Crown, the
circumstances attending the capture, by the United States
ship of war Vanderbilt, of the British vessel Peterhoff, as
set forth in your letters of the 26th, 27th, 28th, and 30th
ult„ her Majesty's Government have arrived at in regard
to that matter.
The Government of the United States has clearly no
sight to seize British vessels bona fide bound from this
country, or from any other British possession, to the ports
of Vera Cruz and Matamoras,or either of them,or vice versa,
unless such vessels attempt to touch at, or have an inter-
mediate or contingent destination to some blockaded port or
place, or are carriers of contraband of war destined for the
Confederate:States ; and, in any admitted case of such un-
lawful capture, her Majesty's Government would feel it
their duty promptly to interfere, with a view to obtain the
immediate restitution of the ship and cargo, with full com-
pensation, and without the delay of proceedings in a Prize
Court.

Her Majesty's Government, however, cannot, without
violating the rules of international law, claim for British
vessels navigating between Great Britain and these places
any general exemption from the belligerent right of visita-
tion by the cruisers of the United States, nor can they pro-
ceed upon any general assumption that such vessels may not
so act as to render their capture lawful and justifiable.
Nothing is more common than for those who contemplate
a breach of blockade, or the carriage of contraband, to dis-
guise their purpose by a simulated destination and by de-
ceptive papers, and the situation of the ports on the coast of
Mexico, with reference to the Confederate States, is such as
to make it not only possible, but in many cases probable,
that an ostensible Mexican destination would be resorted to
as a cover for objects which would really justify capture. It
has already happened in many cases that British vessels
have been seized while engaged in voyages apparently law-
ful, which vessels have been afterwards proved in the Prize

Courts to have been really guilty of endeavouring to break
the blockade, or of carrying contraband to the Confederates.
It is the right of the belligerent to capture all vessels rea-
sonably suspected of either of these transgressions of inter-
national law, and whenever any cause of capture is alleged,
the case cannot be withdrawn from the consideration of
the Prize Court of the captor.
After the case has undergone consideration it is the duty
of the Prize Court to restore any such prizes, unlawfully
made, with costs and damages ; and the proper time for the
interference of her Majesty's Government is in general
when the Prize Courts have refused redress for a capture
which the evidence shows to have been unjustifiable.
Her Majesty's Government cannot, upon ex parte state-
ments, deny the belligerents in this war the exercise of those
rights which, in all wars in which Great Britain has been
concerned, she has claimed herself to exercise.
As regards the allusion which has been made to the case
of the &dela, before her Majesty's Government can form
any opinion as to the judgment stated to have been given in
that case, they must have before them a correct report of
that judgment, it being impossible to rely upon the general
representation of its effect contained in a newspaper para-
graph. founded on printed letters, especially as none of the
other judgments of the United States Prize Courts, which
have been reported to her Majesty's Government during the
present war, evince any disregard of the established princi-
ples of international law.
As regards, however, the particular case of the Peterhoff,
in which you are more directly interested, her Majesty's
Government, having taken into consideration the papers
transmitted by you, and being satisfied that those papers
disclose no prima facie ground of capture, and that there is
every reason to believe the voyage to have been lawful and
bona fide, and the seizure of the vessel wholly unjustifiable,
they will instruct Lord Lyons to make an immediate repre-
bentatton of the clicumotances of that case to the Govern-
ment of Washington, and if no legal ground of capture
should be alleged, then to:press for the release of the vessel
and her cargo, with compensation and without the delay of
proceedings in the Prize Court. But if any legal grounds of
capture should be alleged by the Government of the United
States, this case, like all others, must unavoidably follow
the ordinary course,—l am, sir, your most obedient humble
servant, E. HAMMOND.

SPORTING INTELLIGENCE.

NEWMARKET CRAVEN IY/EETING—MONDAY,
Here, as elsewhere, the all-absorbing question among
racing men is the best method of enabling the proper offi-
cial to control the jockeys at the starting-post; and the
opening day, being almost a blank in point of general inte-
rest, allowed an unusual amount of discussion on the sub-
ject. A field of 18, for a plate of 60 sovs, over the Two-yr-
old Course, allowed Mr. Thomas M‘George a good oppor-
tunity to try what could be done by patiently waiting till
the horses could be " walked" up to the starting-post; but
after several failures he seemed to be convinced of the hope-
lessness of the task, and, seeing a good opportunity, he gave
up the attempt and dropped his flag while the horses were
jumping off in the usual manner. The starters and the
jockeys have come in for their full share of blame during
the past season ; but until the method is abandoned by
trainers of teaching horses to jump off the moment they are
turned round to face the post, neither the one nor the other
can in all cases be held responsible. With the present sys-
tem of short races a good start is half the battle ; and unless
a horse is quickly on his legs, he is of no use in them,
Hence trainers practise their horses in private to get off like
a flash of lightning, and however willing the jockey may be
to restrain them to a walk at the public starting-post he has
not the power to do so, We beg, therefore, to call the at-
tention of the Jockey Club to this important point in the
question just now at issue. We have on many occasions
carefully watched the proceedings of both parties, who are
now so antagonistic as to alarm the Jockey Club, and we
ate persuaded that though a model starter and a model
light-weight jockey may be both difficult for any of its
members to find, yet the matter does not lie entirely be-
tween them. If the stewards of our chief meetings decide
that all horses must walk to the post private lessons would
be given to make them do so, and, with very few excep-
tions, the whole field, whether for short races or long
ones, would be quietly walked up to the post and
.despatched with comparative ease. There are some
few vicious brutes which would give trouble both to their
trainers and to their riders, but in the main little difficulty
would be experienced if only the education is heartily (tar-
ried out at home. We see no other means of successfully
meeting the growing evil complained of by all the frequen-
ters of our racecourses, for this is the root of the disease,
and however it may be aggravated by other bad habits,
while it exists neither starter nor a paid steward to assist
him can hope to get off a lot of horses fairly for a short
race.
It is quite needless to make any remarks upon the run-
ning to-day, as, with the exception of the renewed trial be-
tween Fantastic and Livingstone, there was nothing of the
slightest general interest, and that was only a repetition of
the Northampton running.
The Craven Plate of 60 sovs, for 3-yr-olds 6st 101 b, 4-yr-
olds Bst 81b, 5 yr-olds and upwards 9st 21b. The winner
Romanoff, 3
stra, 3 yrs, £lOO, 6st 31b
71b extra; and horses
tote
be
sold
ee f
sold
foro'
r5lOOOO seoevyse,ablrlotwoecl 71b. A.F.
yrs,
..C5OO, Est 101 b (Loates) 1
carry
Lord Lord Sta nfor dCoventry's's
(Wilkinson) 2
Captain Lane's Glance colt, 3 yrs, £5OO, Est 101 b
(Marten) 3
Fig, Stanton, Camperdown, The Belle of Yorkshire,
and Black Swan colt also ran.
Betting-3 to 1 agst Calaperdown, sto 1 each agst Ro-
manoff and Fig, and 6 to 1 agst Hypermnestra.
The Belle of Yorkshire, in company with the Glance colt
and Romanoff, came away in front immediately the flag
was lowered, at a great pace to halfway across the fiat,
whare the field was widely distributed, Romanoff at the
same time taking a decided lead, which he retained to the
end, and won with lots to spare by a neck. The Glance colt
finished a bad third ; The Belle of Yorkshire was fourth,
close up; and Stanton fifth. Fig and the Black Swan colt
were the last two, beaten off a long way,
Handicap Plate of 50 sovs, for 3-yr-olds and upwards.
T.Y.Q,

Baron Rothschild's Rest, 3 yrs, Est (J. Grimshaw) 1
Mr. H. Bird's Fletton, 3 yrs, 6 .. (Cannon) 2
Mr. W. Robinson's Stockowner, 3 yrs, Est 101 b (Hunter) 3
Mr. Barne's Oberon, 5 yrs, Bst 91b
The following also ran :—Welland, Libellous, Gemma,
Blacklock, Revolt, Gem of the Sea, Trumps, Currie, Bed-
ford (late Peneus), Cadiz, Le 800, Eleanor, Anaticulus,
and Edgeworth Bess.
Betting-7 t 9 2 sgst Rest, 6to 1 agst Libellous, 7to 1
agst Lee 800, 10 to 1 agst Welland and Stockowner, and
100 to 8 agst Bedford and Anaticulus.
After some slight delay the flag was lowered to an excel-
lent start, the horses being widely spread across the course,
but,
h, i after places, Ober,,n, with Gemma
a was the first to show in ad-
sgirs tlisettl on settling intofa r their
aide,
ad-
vance, closely attended by Rest on the extreme left, Eleanor
and Stockowner; then came Gem of the Sea, Bedford, and

elland, who headed the rear division. In this order they
ran for a quarter of a mile, when Rest went to the front,
and with Eleanor, Stockowner, and Oberon lying on his
right, came on with the running into the bottom, when
they closed, and finished a close race home, Rest winning
cleverly by a neck, a like distance separating the second
and third, and half a length between the third and fourth.
Gemma was fifth, close up ; then came Currie, Prince Lee
800, and Gem of the Sea, at the head of the ruck, close to-
gether, the last being Blacklock and Libellous. The latter,
having torn off his plate prior to starting, was pulled up,
and walked in.
Sweepstakes of 25 says each, for 3-yr•olds ; colts, Bst 10Th ;
fillies and geldings, Bst 71b; maidens at starting allowed

71b, T.Y.C. 7 subs.
Mr. G. Bryan's Fantastic, Bst 101 b.... (Custance) 1
Lord Stamford's Livingstone, Bst 101 b (S. Rogers) 2
Mr, W. S. Crawfurd's Leotard, Bst 31b (Norman) 3
Mt. Naylor's Touch-and-go, Bst (Challoner) 4
Betting-3 to lon Fantastic, and 4to 1 agst Livingstone.
Livingstone jumped away with a clear lead, but after run-
ning a few strides he was headed by Fantastic and Leotard,
the forming coming with the command into the cords,where
Livingstone joined them, the three finishing the race
home, Fantastic winning rather cleverly at last by two
lengths ; Leotard was a bad third, and Touch-and-go last
beaten off.
Handicap Sweepstakes of 15 soya each, 10ft, for three-yr-
olds and upwards. D.M. 7 subs.
Mr. Hodgman's Libellous, 6 yrs, Bst 121 b (Fordham) 1
Col. Towneley's Cellarius, 4 yrs, 7st 101 b • (Hardcastle) 2
Mr. Payne's Bandage, 4 yrs, 7st (J( Grim 3
Mr. G. Bryan's Douche, 3 yrs. 6st 71b (Crouch) 4
Lord Glasgow's Beauvale, 3 yre, 7st (Dixon)
Baron Rothschild's Spark, 4 yrs, 7tit 71b (Daley) 6
Betting-3 to 1 agst Bandage, 7to 2 agst Spark, 4to 1
agst Libellous.
Bandage, in company with Spark and Douche, made
play, with Beauvale, Libellous, and Cellarius lying up on
the lower side, in which way they came across the fiat into
the bottom, where Libellous, and Colonel Towneley's colt,
joined Bandage, the three running in company to the end,
the former winning very easily by three parts of a length,
four lengths separating the second and third; Douche was
an indifferent fourth.
Sweepstakes of 50 sous each, h ft, colts, Bst 71b ; fillies, Bst
41b ; those by stallions or out of mares that never bred a
winner allowed 41b. iR.M. 4 subs.
Mr. C. Alexander's "Water Kelpie, (41b), Bst (E. Sharpe) 1
Mr. Saxon's Jerry (41b), Bst 31b (Midgley) 2

Betting-7 to 4on Jerry.
The non•favourite, with a slight lead, made play to the
bushes, where the favourite appeared in difficulties, leaving
Water Kelpie to trot in the winner by 20 lengths.
Sweepstakes of 50 sous each, h ft, for 3-yr-olds ; colts, Bst
101 b ; and fillies, Bst 51b ; with maiden allowances. R.M.

5 subs.
Baron Rothschild's Giraffe colt (Wells) w.o.
Sweepstakes of 100 sous each, h ft; for colts, Bst 101 b;

fillies, Bst 51b. D.M. 5 subs.
Baron Rothschild's King of the Vale, Bst 10113.. (Wells) 1
Lord Stamford's Oscar, Bst 101 b (S. Rogers) 2
Mr. Merry's Gladstone, Bst 101 b (G. Fordham) 3
Betting-5 to 4 agst King of the Vale, 7to 4 agst Glad-
stone, and 3 to 1 agst Oscar.
The favourite made all the running, and won cleverly by
half a length; a bad third.
The Forty-Ninth Riddlesworth Stakes (reduced to a match)
of 200 sovs each, h ft, for the produce of mares covered in
1859 ; colts, Bst 7lb ; fillies, Bst 41b ; maces or stallions
that never produced a winner allowed 31b; if both, 51b.
Ab. M.
Sir C. Menck's Scamander, (31b) Bst 41b ..(Fordham) w.o.
Match of 100 sovs, h ft. Last half of Al), M.
_ _

----- - .
Mr. Brayley's Black Friar, 2 yrs, Bst 71b
Mr. C. Rayner's Exotic, 2 yrs, Bst 71b

DURHAM RACES-YESTERDAY.

TRIAL STAKES.

Prairie Flower
Fete•day
Royalty
Four ran.

ELEMORE STAKES.

Theobalda . ..
Meta's dam •
Balderstone

Five ran.

DURHAM HANDICAP.

Bohemian ..
Lord Dundreary ..

Picco

E even ran.

HUNT CUP.

The Queen
White Socks
The Monk
Eight ran.
SELLING STAKES.

Netherdale
Saltant
Two ran.

RES FOR 1863.

.1
.2
~ 3

.. 2

.. 3

.. 2

.. 1

.. 2

.. 3

.. 2

Newmarket F. S ..20
Llanboidy 2l
York Spring ... 28
SalisburyY.
30
Radcliffe
Manchester

.. 25
...27