To William H. Seward and Gideon Welles1Jump to section
State & of the Navy. 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 decision, either forwarded unopened; or detained, and opened, in search of evidence.
I wish these lists to embrace as well the reported cases in 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.
Annotation
[1] ADfS, DLC-RTL; LS, DNA WR NB RG 45, Executive Letters, No. 79. Welles' Diary on April 27 states that he delivered his thirty-one page reply, as did Seward on that day. Neither of the replies has been located. The questions concerning the Peterhoff were a major issue between Welles and Seward---Welles insisting that opening the mails was the only way to get concrete evidence of the intentions of the vessel, and Seward dissenting from that view. The problem was settled before the secretaries rendered their arguments, however, when on April 23, U.S. District Attorney E. Delafield Smith asked the