The New York herald., 1863-04-22

subject Of my communication Of yesterday
Copy agreement. dated the 27th Of October 1852 A..
q Advertisements for cargo which appeared In the
Times and Shipping GGsets
Certified copy manifest OF the cargo Of the Peterho
| 4. File OF bills Of lading OF cargo
-Four original policies Of insurance Of Peterhon from
London to Malamoros, and back to Liverpool
O. Copy Of private instructions from myself TO Captain
Jarman, master Of the Peterhoff.
T. Original letter from Captain Jarman 20 Messrs. Pile,
Spence Co., dated ST. Thomas, the oath Of February,
Extract Of letter from Messrs lamb. Bail Co., st.
Thomas, dated the I'd Of March, 1868.
o. Extract Of advice from Ioyds agent at Key West TO
Iloyd's, London.
With reference your inquiry for reports and protest
by the master Il the Petcrho beg say that no COM
munication has been from him since his above
letter Of the 24h of February when he about leaving
ST. Thomas and the has been
present sufficient time for him communicate with Eng
land There cannot however, be doubt OF the fact or
the Peerho having been captured by the United states
naval officers at ST. Thomas for learn from Captain
Weller of the West India mail steamer La Plata, recently
arrived at Southampton, that he eye witness 70
the capture and herewith you will find extract Of pr
| vate letter from Captain Weller TO Captain Wake
In conclusion would ada that have made applica
clearance by him Of the PeterhoT for Matamoros, but
owing TO his absence from town till Monday am unable
TO procure i until then have the honor TO be sir
| No. 2 CowrER's COURT. CoRSmIl March 49, 1893.
Referring TO what passed in the con nversaon
had with yesterday relating to the Peerhon steamer
enclose the Liverpool Journal Of Commerce OF the
oath inst containing note Of the extraordinary judg
ment pronounced by the United States Prize Court at
Key West the case Of the Adela steamer and which
entities me- think to ask the government TO relieve me
| from the certainty OF similar result.
In this paper yon will also find statement OF the cir
cumstances attending the capture OF the steam
by the United States vessel of war Onward apparently
identical with the PcterhoTs capture, and which, in my
humble Judgment renders it incumbent on her Raes'ys
government 10 take immediate steps to prevent con
tinuance Of the extraordinary which the I'm ted
States naval officers appear determined to adopt in all
E. HAMMOND, Esq. - '' JOSEPH SPENCE
FOREIGN OFFICE, March 2s, 1868
SIR have laid before Earl Russell your letter Of this
day date enclosing letter containing report respect
ing the decision OF the Admiralty Court At Key West IN
the OF the Adea. and am bound to state TO you tnat
the same shall be referred to the law officers of the
for their consideration with the other pa
before them in the case Of the Peerhoh am: SUI your
JosxHH Spencer. Esq, No. Cowper's Court, cornhi.
No. CowPER's CoURr, CoRynLI, h. c.,
March 80 1868.
MY LORD-Relcrring to previous communication
the subject OF the Peterho (steamer), have now the
honor of enclosing copies OF the following documents
NO. l. Letter from ,aptsin Jarman master OF the re
tcrhoT. to Messrs. Pile, Spence Co.. dated Key West
March 7, 1868.
No 2. Copy of letter from Captain Jarman to Mr.. Ge.
rard, dated Key West, March 7, 1863.
No 3. Copy Of letter to me from Mr. Gerard dated New
York, March Z 1858.
No 4. Letter from Mr. Redgae and Mr.. Brandon, pas
sengers in the Peterho to Messrs Hird. Mundea Smith
Co, of London, shippers Of cargo per pcierhon:
No g. Letter from Samuel J. Redgate to Captain Hal
sted secretary OF Lloyds in London, dated hey West
March 7, 1868
No g. Oca report of Mr. Redgate TO the secretary Of
Of the Peterhof.
These documents, your lordship will observe while
respecting the Of the Peerho disclose convic
the part Of the officer In command OF the Wander
bit (steaer) that his proceedings altogether
ustAable and that to Admiral wilkes 10 be attributed
the execution of premedated design 70 seize and
the peterhofr TO prize court.
Your lordship will not overlook the conduct Of the
prize wards the officers, and of
the Peterho in keeping them confined to their cabins for
several days 10 such climate.
The pretence assigned Tor seizng the PeterhoH-uame
y that she had previous occasions the blockade
il without particle OF foundation the fact being that the
ship left England her first voyage in the month of July
last when she sailed for Bermuda and Nassau, at the lat
ter Of which ports loaded return cargo direct for
Liverpool where she arrived the month Of October
On the completion OF that voyage che became proper
ty and the present her rst voyage since became the
owner and the second voyage since she was built.
Now that the before your lordshp, free from
any possible contradiction venture to my request
that your Lordship will lose time In demanding the i'm
mediate restitution of the PeterhoG and her cargo,
ther with the gross outrage pcrpeated by the
officers and further, that your Lordship win convey
the assurance Of her Majesys government that my
country ard Matamoros will receive such protection
will eectnay put an end TO the arbitrary proceedings OF
Admiral wilkes future interference by the United
States naval authorities. have tho honor to be, your
JOSEPH SPENCE
To the Right Honorable EARL RUSSELL her Majcsty's
Principal Secretary of State for Foreign Anars.
RussEtLs REPLY
FOREIGN OFFICE, March 81, 1888
receipt OF your letter OF yesterdays date enclosing fur
ther papers respecting the capture Of the Petcrho and
instructed 10 state to you that your letter has been
referred for the consde alton OF the law officers of the
crown. am. sir, your most obedient humble servant,
JosErH SPENCE Esq, No. Cowper's Court, Cornhl.
FOREIGN OFFICE April 3. 1863.
SIR-I am directed by Earl Russell 10 make you
acquainted with the conclusion which, having cons
dered in communication with the law officers Of the
the circumstances attending the capture by the
United states ship ofwar Vanderbilt, OF the British
In ~ fhQ
2sth and 30th ut. her Maiestys government have
rived at in regard to that matter. The government Of
the United states has clearly no right 10 seize British
vessels bona fde bound from this country, from any
British possession to the ports Of Vera Cruz and
Matamros or either OF them, c. unless such
vessels attempt to touch at bave intermediate
contingent destination TO some bockaded port place
or carriers OF contraband OF destined for the
Confederate states and any admitted Of such
lawful capture her Maesty's government would feel IL
their duty promptly to interfere, with view TO obtain
the immediate restitution OF the ship and cargo with full
compensation and without the delay Of proceedings in
| prize court
Her Malesty's government, however. cannot wthou,
violating the rules Of international law, claim for British
vessels navigating between Great Britain these places
any general exemption from begercnt right Of wish
taion by the cruisers OF United States can they
proceed upon any general assumption that such
not act as TO render their capture lawful and us
| fable.
Nothing Ia more common than for those who contcrn
plate breach OF blockade for the carriage OF conraband
TO disguise their purpose by simulated destination and
by deceptive papers and the situation Of the ports IN the
Mexico with reference TO the Confederate States
sucn, as 70 make " not only IN
cases probable that ostensble Mexican destination
would be rcsored TO, cover for objects which wond
really justify capture has already happened In many
cases British vessels have been seized while engaged
In voyages apparently lawful which vessels have been
Afterwards proved 10 the prize have been feay
guilty OF endeavorng to break the blockade OF carry
| Ing contraband ~ the Confederates
IL is The right of the begerent to capture all vessels
reasonably suspected or either OF these transgessons Of
international law and whenever any Of capture is
alleged the cannot be Withdrawn from the conside
ration OF the prize court Of the captor.
| fter nv q Is ha
duty OF the prize court TO such priles
lawfully made. with costs and damages and the proper
time for the interference OF her Macsys IL
IN general when the prze courts have refused redress
for capture which the evidence shows to have been
uniustiGable.
Her Maesiy's government cannot, upon pdrfe
mens. deny the beigerents In this the exercise oi
those rights which. MI In which Great Britain
has been concerned she has claimed herself exercise
As regards the alluson which has been made 10
the of the Adela, before her Maiestys govern
ment can form any upinon TO tho Judgment
stated 10 have beer given IN that case. thoy must