Mr. Adams complained of this proceeding to Earl Russell. Her Majesty's government have affirmed the proceeding of the magistrate. It is not supposed that that government expects any different measure of justice or liberality than that which they mete to the United States. I have the honor to be, with high consideration, sir, your obedient servant, WILLIAM H. SEWARD. J. HUME BURNLEY, Esq., &c., &c., &c. Mr. Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, December 14, 1864. SIR: Referring to Lord Lyons's note of the 4th ultimo, requesting information concerning the fate of John Warrington, I have the honor to inform you that, in a letter of the 9th instant from the War Department, it is stated that Warrington is a convalescent patient at the general hospital at Fort Monroe, but not able to perform field duty. I have the honor to be, with high consideration, sir, your obedient servant, WILLIAM H. SEWARD. J. HUME BURNLEY, Esq., &c., &c., &c. Mr. Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, December 14, 1864. SIR: I have the honor to communicate to you, for the nformation of the governor general of Canada, a copy of a despatch of the 9th instant from D. Thurston, esquire, the consul general of the United States at Montreal, relating to suspicions entertained that two vessels now in course of construction in Montreal, called respectively the El Almandares and the Pinero, and another expected from a different quarter and the name of which is not yet ascertained, are intended to be employed for purposes hostile to the United States. I have the honor to be, with the highest consideration, sir, your obedient servant, J. HUME BURNLEY, Esq., &c. WILLIAM H. SEWARD. Mr. Thurston to Mr. Seward. UNITED STATES CONSULATE GENERAL, SIR: I have the honor to inform you that it was rumored in this city that two vessels were being built here for the use of the rebels. I immediately sent and had them examined and the following descriptions taken: The largest vessel, called the El Almandares, is a wooden side-wheeled steamer, about 215 feet long by 30 broad and 630 tons burden, the hull being plated with iron. It has a round stern, sharp stem, double decks, rising very high and almost concealing the walking-beam and other machinery which usually appears above deck. The upper-deck roof is supported by a beam elliptical in form, the lower deck being the axis. This beam is of great strength, and adds much to the firmness of the vessel. On each side of the deck, at a distance of about three feet from each other, are a number of fixed pulleys. It has two masts, one smoke-stack, the upper part of her hull painted white and the lower black, is provided with a very powerful engine, and will no doubt prove very fast. The other vessel, called the Pinero, is also a wooden side-wheeled steamer, 142 feet long, 27 feet broad, and 9 feet deep, 287 tons burden, with round stern, sharp stem, and double deck, the wood-work of which nearly conceals her vertical walking-beam and machinery. She carries a powerful engine, has two masts, two smoke stacks, only one of which is visible from without, is painted white, and has the lower portion of her hull plated with iron. The El Almandares, it is stated, is to proceed to Havana under command of Captain De Calvo. The Pinero is also bound for Havana. It is generally believed that the vessels above described have been built for purposes inim ical to the interests of the United States, either as blockade-runners or are to be used as the Alabama and Florida, to prey upon our commerce. One of the police officers of the city has intimated to me that he holds the same opinion, and has informed me that another vessel is expected to join the two already here, from the upper province, with a description of which I will endeavor to furnish you. It may be that these vessels are designed for legitimate purposes, but the belief to the contrary is so general, some particulars of their outfit so unusual, and the addition of another vessel to their number from Upper Canada so suspicious, that I have considered it proper to inform you of such facts as I have been able to collect respecting them. I have the honor to be your obedient servant, D. THURSTON, United States Vice-Consul General. Hon. WILLIAM H. SEWARD, &c., &c., &c. Mr. Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, December 14, 1864. SIR: I have the honor to communicate herewith for your information a copy of an instruction of this date which I have, under the President's direction, addressed to Charles Francis Adams, esq., the minister of the United States at London, upon the receipt of telegraphic despatches from the agents of the United States in Montreal, announcing to me the facts that Samuel Eugene Lackey and others, whose extradition was requested in my note to Lord Lyons of the 21st of November last, upon the charges of murder, robbery, and assault with intent to commit murder within the jurisdiction of the United States, have been discharged from custody, that the money and other property stolen by them has been returned to them, and that they are now at large. I have the honor to be, with the highest consideration, sir, your obedient servant, J. HUME BURNLEY, Esq., &c., &c., &c. WILLIAM H. SEWARD. Mr. Burnley to Mr. Seward. WASHINGTON, December 14, 1864. SIR: I have the honor to acknowledge the receipt of your note of the 14th. instant, enclosing a copy of an instruction of this date, which you have, under the President's direction, addressed to Mr. Adams, United States minister in London, upon receipt of telegraphic news that Samuel Eugene Lackey and others had been dismissed from custody at Montreal, and beg to thank you for sending me a copy of this communication. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &r., &c., &c. J. HUME BURNLEY. 'See instruction No. 1190 to Mr. Adams. Mr. Burnley to Mr. Seward. WASHINGTON, December 15, 1864. MY DEAR SIR: This is what the governor general telegraphed last night : "The St. Albans men were discharged yesterday, on grounds so absurd that I cannot account for it. Fresh warrants have been issued for their apprehension, and the police are making every effort to prevent their escape." Very truly yours, Hon. WILLIAM H. SEWARD, &c., &c., &c. J. HUME BURNLEY. Mr. Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, December 15, 1864. SIR: With reference to Lord Lyons's communication of the Sth ultimo, relative to some shot fired from a battery in course of construction on an island near Eastport, Maine, having fallen upon the British territory at Campobello, I have the honor to enclose, in reply, a copy of a communication of the 8th instant from the War Department, from which it appears that upon investigation the occurrence referred to was unauthorized, was inadvertent, and is regretted, and that instructions will be given to avoid a repetition of the offence. I have the honor to be, with high consideration, sir, your most obedient servant, WILLIAM H. SEWARD. J. HUME BURNLEY, Esq., &c., &c., &c. Mr. Stanton to Mr. Seward. WAR DEPARTMENT, Washington, December 8, 1864. SIR: Referring to your letter of the 14th ultimo, enclosing a copy of a communication from Lord Lyons relative to some shot fired from a battery in course of construction on an island near Eastport, Maine, having fallen upon the British territory at Campobello, I have the honor to transmit, herewith, copies of papers submitted to this department by Major General Dix, commanding the department of the east, who was directed to investigate the subject and take proper measures to prevent a repetition of the alleged offence. Your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State. EDWIN M. STANTON, Secretary of War. General Dix to General Halleck. HEADQUARTERS DEPARTMENT OF THE EAST, Respectfully forwarded, with enclosed papers, to Major General Halleck, chief of staff, in response to the reference in this case of the 17th November, 1864. Colonel Ludlow to General Dix. JOHN A. DIX, HEADQUARTERS DEPARTMENT OF THE EAST, GENERAL: In compliance with your instructions I have made an investigation in the case of firing shot from the battery on Treat's island, near Eastport, St. Croix river, and of the falling of said shot upon the British territory on Campobello island, and have the honor to report that on the 11th day of August, 1864, Captain Thomas P. Hutchinson, commanding company C, unattached infantry, Maine volunteers, commanding posts at Fort Sullivan and Treat's island, fired three shots from the battery on Treat's island for practice, using a bluff on Campobello island known as Friar's Head, and about one mile distant, for a target. This bluff is reported to be about five hundred feet long and about one hundred feet high. The boundary line between the United States and Great Britain runs about half way between Treat's island and Campobello island. The first shot, a James projectile from a rifled 24-pounder, struck the water, richocheted, passed over the bluff, and, after once striking and glancing, fell upon Campobello island at a point about seven hundred and fifty yards from the point of richochet. The other two shots were shells, and exploded within a few yards of the bluff. On the 16th August, Captain J. Robinson, royal navy, a resident, and, I believe, the owner of Campobello island, addressed a communication to Captain Hutchinson calling his attention to this gun practice, asking for an apology, and that the alleged offence should not be repeated. On the same day Captain Hutchinson replied to Captain Robinson expressing his regrets, and giving a full and seemingly satisfactory explanation of the occurrence. Copies of these letters, together with the report of Captain Hutchinson, and also two maps showing the position of the batteries at Eastport and Treat's island, and the line and range of their fire, are hereto appended. Whether the guns on Treat's island cannot be practiced without intrusion upon British soil or waters, as complained of in the communications of Lieutenant Governor the Hon. A. H. Gordon to the Duke of Newcastle, of the 26th October, 1863, and to Mr. Cardwell, of the 10th September, 1864, is a question for the determination of the engineer department under whose direction the battery was located and armament mounted. Immediately on the receipt of the papers in this case from Washington on the 19th November last, and in execution of the order of Major General Halleck, chief of staff, indorsed thereon, Lieutenant Colonel S. Dawson, 15th United States artillery, commanding defences of the coast of Maine, was instructed to avoid any repetition of the alleged offence in gun practice, and to furnish a full report without delay. These instructions have been complied with, and their results are imbodied in this report. I am, very respectfully, your obedient servant, WM. H. LUDLOW, Aide-de-Camp and Assistant Inspector General, Department of the East. Major General JOHN A. DIX, Commanding Department of the East. Colonel Dawson to Colonel Ludlow. PORTLAND ISLAND, December 2, 1864. COLONEL: I have the honor to transmit the report of Thos. P. Hutchinson, commanding the batteries at Eastport and Treat's island, relative to the firing from the latter battery against Friar's Head, on Campobello island, August 11, 1864, with the letter of Captain Robinson, royal navy, the owner of the island, and Captain Hutchinson's reply; also a sketch of the batteries and the island of Campobello. I also forward a map of the harbor and island of Campobello, for which I am indebted to Major Casey, of the engineers. Very respectfully, your obedient servant, S. K. DAWSON, Lieutenant Colonel W. H. LUDLOW, Captain Hutchinson to Colonel Dawson. FORT SULLIVAN, SIR: I have the honor to make the following report: On the 11th day of August, 1864, while practicing the battery on Treat's island, so called, near Eastport, Maine, one gun was brought to bear upon a perpendicular bluff, some five hundred feet in length and one hundred high, called Friar's Head, on Campobello island, New Brunswick. The piece first used was a rifled 24-pounder, mounted on a barbette carriage, charged with 44 pounds powder and a James's patent shot, with 24° elevation-distance across the channel one mile. The shot struck the water one hundred and fifty yards short of the target and richocheted over the Head, which at this point is one hundred feet high above low-water mark, (it being low water at the time.) Its flight will be seen by the heavy dotted line on the accompanying diagram-striking the earth in the rear of, and some two hundred yards distant from, the house of a man named Taylor. The distance from where it struck the water to this point is, as near as I can judge, five hundred yards. Glancing from this point, it continued its flight about two hundred and fifty yards and lodged in a side-hill in an adjoining pasture. It was supposed at the time by myself, and those who witnessed the firing, that this shot lodged in or near the top of the bluff, as portions of earth and loose stones were seen to fall down the precipice immediately after the shot was seen to strike the water. Two shells were then fired from a 32-pounder smooth-bore gun, charge 6 pounds powder, with 3° elevation, 5" fuse, both of which exploded within five yards of the ledge-both excellent shots, so called by those of experience in such matters. Not until the next day was I aware that one of these shots passed over the Head, on learning which I immediately went over, and, in company with Mr. Taylor, found where the shot struck. Upon measuring the distance, it proved to be three hundred yards from his house, in an open field. I followed the course of the shot in its flight, and succeeded in finding it. I assured the inhabitants, at the same time, that it was purely accidental on my part, and in the future I would avoid a repetition of the offence. They appeared perfectly satisfied with my explanation, &c. It was my intention to have seen Captain Robinson (the owner of the island) that night, but he being absent, as I was informed, I did not see him. In a few days I received a communication from him, requesting me to make an explanation of the affair in writing, that he might be enabled to answer any question that should arise from those superior to him in authority. Enclosed is a copy of his letter, with my reply. The reason of my making a target of this bluff was, it is quite impossible to practice artillery without firing on their domain or waters. Troops stationed at this post have heretofore practiced artillery against this Head, it being the least dangerous of any point within range of the guns of the batteries in this vicinity. I also forward with this report a sketch of the different islands in this vicinity; also the location of the two batteries-one on Treat's island, the other on Todd's Head, Eastport. The battery on Treat's island consists of two rifled 24-pounders, casemate; two 32-pounders, smooth-bore, casemate. The battery on Todd's Head is two rifled 24-pounder guns, mounted on barbette carriages; and three 32-pounders, smooth-bore, casemate. Very respectfully, your obedient servant, THOMAS P. HUTCHINSON, Capt. Co. C Unattached Inf. Maine Vols., Com'g Post. S. K. DAWSON, Commanding Coast Defences Maine, Portland, Me. Captain Robinson to Captain Hutchinson. CAMPOBELLO, N. B., August 16, 1864. SIR: Yesterday I went over to Treat's island for the purpose of seeing you and calling your attention to the practicing the guns of the battery on that island upon Friar's Head, so called, in Campobello; and also to that of a shot having richocheted over the Head during the practice on Thursday, the 11th instant, passing over a house and striking the earth near a barn occupied by a man named Taylor. I had awaited until then, hoping to have heard from you some explanation of the circumstances, having not the slightest doubt but that the latter event was purely accidental. But in your position as commandant of a fort you must be aware, on consideration, that firing shot into a friendly and neighboring territory, without permission, is entirely against all law of nations; and although owning the soil, I much question whether it would have been in my power to grant permission, even had it been asked, as the sovereignty of the soil lies in the nation, not in the individual. It is far from my wish to create any ill feeling on this occasion, or make any unnecessary importance of the affair, it being, as I thoroughly believe, purely a piece of inadvertence; but it will be necessary for you to be so good as to inform me so in writing, and also that the same may not be repeated, that I may be enabled to answer the inquiries of those superior to me in authority. I have the honor to be, sir, your obedient servant, Capt. HUTCHINSON, U. S. A., J. ROBINSON, J. P. and Captain Royal Navy. Commandant Forts, &c. Captain Hutchinson to Captain Robinson. EASTPORT, ME., August 16, 1864. CAPTAIN: I have the honor to acknowledge the receipt of your letter of this date. In reply, I would say 'twas not my intention to practice the battery on the island until I had received permission from you, but on that day having some military company who wished to |