Abraham Lincoln papers

1 From Abraham Lincoln to William H. Seward and Gideon Welles [Draft] , April 21, 1863

1 Early in 1863, Union blockading vessels captured the Peterhoff, a British merchant ship carrying goods to Matamoros, the Mexican port across the Rio Grande from Brownsville, Texas. The British government complained of the seizure, but Navy Secretary Welles insisted that the Peterhoff was a blockade-runner, one of a considerable number carrying goods into the Confederacy via the Matamoros-Brownsville connection. The Peterhoff carried mail, which Secretary of State Seward considered inviolate and not subject to inspection or seizure, but Welles felt that inspection of the mails on the ship could reveal the actual mission of the Peterhoff. In this context, Welles also argued that the mails were not inviolate in wartime, and that only the courts could determine the status of the mails on board the Peterhoff. Both Welles and Seward responded to Lincoln's request given here, but neither reply has been found. Lincoln's solution to the dilemma, to Welles' disgust, was to yield to Seward's position and release the Peterhoff's mails, desiring as he did no confrontation with Britain. See Howard K. Beale, ed., The Diary of Gideon Welles (New York: W. W. Norton & Company, 1960) I, 266, 269-90, 299-304, 310.

Executive Mansion,

Washington, April 21. 1863.

Gentlemen:

It is now a practical question for this government, whether a government mail of a neutral, power, found on board a vessel captured by a beligerent power, on charge of breach of blockade, shall be forwarded to it's designated destination, without opening; or shall be placed in custody of the prize court, to be in the discretion of the court, opened and searched for evidence to be used on the trial of the prize case. I will thank each of you to furnish me

First, a list of all cases wherein such question has been passed upon, either by a diplomatic, or a judicial decision—

Secondly, all cases wherein mails, under such circumstances, have been without special discussion, either forwarded without opening, unopened; or detained, and opened, in search of evidence.

Abraham Lincoln papers http://www.loc.gov/resource/mal.2306800 I wish these lists to embrace as well the reported cases on the books generally, as the cases pertaining to the present war in the United States.

Thirdly, a statement, and brief argument, of what would be the dangers and evils, of forwarding such mails unopened.

Fourthly, a statement and brief argument, of what would be the dangers and evils of detaining and opening such mails, and using the contents, if pertinent, as evidence.

And lastly, any general remarks that may occur to you, or either of you.

Your Obt. Servt.

A. Lincoln.

[Endorsed on Envelope by Lincoln:]

To Secs. of State & Navy — about Mails in prize cases.

April 21. 1863

Seward & Welles

Abraham Lincoln papers http://www.loc.gov/resource/mal.2306800