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Alex. R McKee, US Consul, Panama, writes RADM G. F. PEARSON, Pacific Squadron, "At your request I herewith give my opinion in regard to the pirates in your custody.
    It would be a violation of the sovereignty of the United States of Colombia to pass foreign prisoners across her territory without the consent of the authorities, and the precedent would be a dangerous one, because other powers might justly claim the same privilege. Yet in this particular case, where men have combined not only to destroy the commerce of the United States of America, but that of the United States of Colombia, all Europe, and, you may say, the world, my opinion is extraordinary action would be justified by all civilized nations.
    I would suggest, however, to save all difficulty, that the prisoners be sent to Mare Island Cal., there to be confined until orders are received from Washington. No other punishment can be inflicted upon them save that of confinement (because they have not been guilty of an overt act), and their confinement at that point will be as efficacious as that at Fort Lafayette or elsewhere.
    It is further my opinion that they should be shown no leniency. Being dangerous characters, their confinement ought to be what is usually termed close on their [way to their] destination and while there."

E M Archibald, writes Lord Lyons, British Minister to the USA, from New York "I have the honor to acknowledge the receipt of your lordships dispatch of the 17th instant, transmitting to me a copy of a note dated the 1st of November, but received by your lordship only on the 16th instant, from the Secretary of State of the United States respecting the cause of the detention of the master and crew of the Night Hawk.
    This note contains the substance of an explanation in regard to the capture of the Night Hawk and detention of the crew of that vessel, furnished by the honorable the Secretary of the Navy. It is, I presume, founded on a report made by the officer who was in charge of the boarding party which captured the Night Hawk.
    The statements contained in it are in some important particulars so much at variance with those made by the master of the Night Hawk, and communicated by me to your lordship in my dispatch of the 17th ultimo, that I deemed it right to take the earliest opportunity which the great pressure of business admitted to visit and examine the officers, as well as the master of the ship, in reference to the whole of the circumstances connected with the capture of the vessel. I have accordingly embodied their statements of facts in affidavits, made before me by the master, chief officer, and chief engineer of the Night Hawk, which affidavits I transmit herewith, enclosed for your lordships information.
    From these depositions it appears that the Night Hawk ran aground before the commander and crew were aware that they were being chased, the first intimation of their being pursued being the discharge of small arms from the Niphon's boats. That this firing was entirely unprovoked, no resistance being offered, nor any attempt of the crew being made to escape until after the first volley was fired. In the explanation forwarded by the Navy Department it is stated truly that Fort Fisher opened fire "shortly" after the steamer was boarded, but it is left to be inferred that the boarding party were impeded in their efforts to get the ship off by reason of the fire from the fort. In regard to this, Captain Smiley and his officers swear positively that not a shot was fired from the shore until after the two boats had left the steamer, and were well on their way to the Niphon. It is manifest from the facts sworn to that it was owing solely to the setting fire to the steamer that she attracted the attention of the fort, and that from this circumstance resulted the firing from the shore.
    In the explanation it is stated that the boarding party abandoned the Night Hawk, bringing with them such of the "officers and crew as had not succeeded in making their escape." The master and officers swear positively to the fact of 14 men, including 3 who were wounded, being left on the deck of the steamer; of the masters remonstrance with the officer for his inhumanity, and of the report of the officer himself to his commander of the fact of a "lot of others" being left on board. These 14 did not include the 6 men who had escaped from the steamer after the firing of small arms from the boarding party.
    It is sworn in the affidavits that the engineer accompanying the boarding officer asked permission to extinguish the fire and get the ship off which was refused. The master assures me that in twenty minutes time, with the rising tide and the action of the engineer, the ship could have been got off. It is now known that the ship did eventually float off, and that the fires, after burning for nearly a day, were extinguished. It is evident, however, that but for the erroneous conduct of the boarding officer, the ship would have been got off and become a valuable prize, and the lives of the men left on board would not have been so recklessly periled, as they were.
    The question, however, now for consideration is the legality of the detention of the officers and crew of the Night Hawk, seemingly, as prisoners of war. This detention is attempted to be justified on the ground that a part of her cargo consisted of contraband of war, and that at the time of her capture and destruction she was within the range and protection of the rebel batteries.
    The proposition that because a neutral ship carries contraband of war, even in the attempt to violate a blockade, she is liable to destruction without adjudication, is a novel one. The fact that she was within the range of the rebel batteries until these batteries actually opened fire, did not under the circumstances, render it necessary, and did not justify the officer in destroying the ship.
    The statement that the ship was laden at Liverpool by Henry Lafone is erroneous. The ship was laden at Bermuda; Mr. Lafone merely acted as broker at Liverpool, and was not interested as owner in the ship or cargo. The statement that he is a well-known agent of the insurgents may or may not be mere assertion; but surely this statement and other circumstances (which are not stated) are a very insufficient foundation for the declaration that little room for doubt is left that both the vessel and her cargo were, in point of fact, belligerent and not neutral property, liable to capture, or if attempting to escape, thereby showing a consciousness of guilt to such destruction as might result from that attempt. That a neutral vessel violating blockade should attempt to escape is quite natural, but when boarded and captured, her destruction would not certainly be justified by any such previous attempt to escape. That men, quiet and unresisting, should, when a volley of small arms was fired at them, escape for their lives, is not less natural; but that from this obvious and natural proceeding such a consciousness of guilt should be inferred as rendered the ship liable to destruction, seems a strange deduction.
    Had the Night Hawk been got off and brought into this port for condemnation, it can hardly be doubted that the officers and crew, being neutrals, would have been discharged as usual in other cases, after the taking of the testimony before the prize commissioners. If, through the proceedings adopted by the boarding officer, and certainly without any resistance or interference on the part of the master and crew of the Night Hawk, that vessel has not become the subject of adjudication, it seems peculiarly hard on the latter that they should be treated as belligerents and held as prisoners of war. These men, 23 in number, have now been imprisoned for seven weeks. I trust that on a reconsideration of the circumstances the Government of the United States may be disposed to discontinue their further detention."

CDR T H Patterson, SOPA Charleston Bar, writes CAPT J F Green, SOPA Charleston, "Acting Master Montell reports having discovered last evening, between the hours of 7 and 8, a steamer coming from toward Maffitt's Channel, with sails set and square-rigged forward; made the usual signal and fired three times. The Azalea coming up under the port bow of the Potomska, and not answering her challenge, caused much confusion by drawing our attention away from the strange steamer. The signal was repeated by this vessel, at that time near the Housatonic.
    The Potomska occupied a station about 1½ miles N. W. ½ N. of the Housatonic.
    The strange steamer was not seen by any other vessel of the outer blockade, and when last seen by the Potomska was steering N. by W.
    I herewith forward a copy of Acting Master Moutell's report, a copy of which I have also sent to Acting Master Strong, with directions to make an explanation, etc."

RADM David Glasgow Farragut, West Gulf Blockading Squadron, "Your communication of the 8th instant is received. Ironclad vessels of the Manhattan class, and the others which you have received from the Mississippi Squadron, will hereafter be designated as fourth rates, and be commanded by lieutenant-commanders.
    Relieve Commander Nicholson from the Manhattan and assign the command of the ironclads to such lieutenant-commanders of the squadron under your command as you may deem best."

RADM Samuel P Lee, Mississippi Squadron, writes SECNAV "I have received reports from Commander A. Bryson, commanding Seventh District, relating to the wounding of General Canby on board the gunboat Cricket, in White River, on the 6th instant.
    About 8 a. m. of that date, when near Little Island, the general, who was standing on the hurricane deck, was shot by a guerrilla from the bank. The ball passed through the upper part of the thigh, missing the femoral artery, and breaking no bones, but producing a very painful wound. At the request of General Canby, on the advice of the surgeon, the Cricket was ordered to convey the general to New Orleans.
    A report from the commanding officer of the Cricket, dated 9th instant, at Natchez, states that the general was doing very well, better than could be expected, which favorable report is confirmed by the fact that the general stopped on the way down to communicate with the commandants of all the military posts."