628 MISCELLANEOUS 



that distance was reached, or if the chase should get within 3 miles 

 of the land, but that no such intimation was in fact given to him by 

 the pilots. It is proven by the concurrent testimony of the witnesses 

 who could testify on that point that at no time of the chase was the 

 Rhode Island nearer than from 4 to 4^ miles from the land, and that 

 the Margaret and Jessie was at no time nearer than 3 miles from the 

 shore, until after she had borne up to run on the reef, at which time 

 the Rhode Island relinquished the chase. 



The court is aware of the difficulty of determining distances under 

 circumstances which characterize the case in question, and that neces- 

 sarily a diversity of opinion in computing distances from ship to 

 shore will exist. The testimony in this case is, however, very decided 

 on that point, and from it the court can arrive at no other conclu- 

 sion than that at no period of the chase of the Margaret and Jessie 

 by the Rhode Island was the former vessel nearer the land of Eleu- 

 thera than 3 miles or more, or the latter vessel nearer than 4 or ty 

 miles from the same. 



The court is of opinion that Commander Trenchard was desirous 

 and anxious to avoid any violation of British territorial jurisdiction 

 while chasing the Margaret and Jessie, and are also of opinion that 

 in the case in question no violation of the territorial jurisdiction of 

 Great Britain was committed. 



SAM'L L. BREESE, 

 Rear Admiral and President. 

 HARVEY JEWELL, 



Judge-Advocate. 



Mr. Burnley to Mr. Seward. 



BRITISH LEGATION, 

 Washington, September 10, 1864- 



The undersigned, her Britannic Majesty's charge d'affaires in the 

 United States, has the honor to inform Mr. Seward, the Secretary 

 of State of the United States, that her Majesty's government have 

 attentively considered the proceedings of the court of inquiry held 

 at Boston on the conduct of Commander Trenchard, of the United 

 States steamer Rhode Island, in firing on the steamer Margaret and 

 Jessie, off the coast of Eleuthera, of which proceeding copies were 

 enclosed in the note which Mr. Seward did Lord Lyons the honor to 

 address to him on the 23d of June last. 



The undersigned has now the honor to inform Mr. Seward that her 

 Majesty's government are satisfied that, upon the evidence adduced, 

 the court of inquiry was justified in coming to the conclusion that the 

 territorial rights of her Majesty had not been violated, and that there 

 had been no intention on the part of Commander Trenchard to 

 violate these territorial rights. 



But the undersigned must nevertheless observe, that although it 

 is shown that the Rhode Island never fired at a less distance than 

 four miles from the shore, the evidence as to the distance from land 

 of the Margaret and Jessie when the last shot or shots were fired is 

 much less distinct; and her Majesty's government are unable to con- 

 sider that it was proved conclusively before the court of inquiry that 

 at the time when these last shots were fired the Margaret and Jessie 



