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In this publication, which is entitled "Narrative of privations and sufferings of United States officers and soldiers, while prisoners of war, in the hands of the rebel authorities; being the report of a commission of inquiry appointed by te United States Sanitary Commission, with an appendix containing the testimony," among other alleged cruel practices, that of shooting United States prisoners for appearing at the windows of their prisons is mentioned. At pages 83, 84, the following passages occur:

"The cruel and unusual rule by which an approach to the windows from inadvertence, or for the most innocent purpose, is made death in the confederate prisons, is, it need hardly be said, unknown at Fort Delaware. It is hardly worth while to consider whether any were shot (i. e. in Delaware) for looking out of the windows. No such order was ever given in this or any United States station."

And at page 197 there is a letter from Quartermaster General Meigs, of the United States army, dated July 6, 1864, which contains the following passage: "The Commissary General of Prisoners informs me that he has heard of no orders to shoot prisoners for being at the windows or near them; and he does not believe that orders of that character have anywhere been given; he has heard of no prisoners being shot, under such circumstances."

It is sufficient to bring into mere juxtaposition with these passages the concluding sentence of Captain Nix's report (25th May, 1863) to General Martindale of the circumstances of Mr. Hardcastle's death, on the very day of its occurrence, which took place, it will be remembered, in the Carroll prison, at Washington, the capital of the United States.

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The instructions," he

66 says, to the sentinel guarding the outer wall of the prison are that they shall warn all prisoners to keep their heads within the windows, and if they persist in disobeying, to fire their pieces."

These in the last report of the Judge Advocate General upon the case, dated the 28th of October, 1864, are called "the salutary regulations of the prison." Her Majesty's government cannot but think the last reply of the United States government entirely unsatisfactory, and containing no substantial answer whatever to the reasons upon which the claim for compensation was founded, and I am consequently instructed that this claim will not be abandoned by her Majesty's government, but reserved.

I have the honor to be, sir, your most obedient, humble servant,
J. HUME BURNLEY,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

Mr. Seward to Mr. Burnley.

DEPARTMENT OF STATE,

Washington, January 11, 1865

SIR: Your note of the 21st ultimo, stating that her Britannic Majesty is desirous of nominating Lieutenant Pearson, of the United States navy, a companion of the Military Division of the Order of the Bath, as a recognition of his ready co-operation with the combined forces of Great Britain, France, the Netherlands, and the United States, in their recent operations in the straits of Simonoskai, in Japan, expressing the hope that the President will be pleased to allow that officer to accept the honor, having been referred to the Secretary of the Navy, Mr. Welles remarks, in reply, that the Constitution of the United States forbids any officer in their service from accepting an honor of the character referred to without the consent of Congress; that although the Navy Department and Lieutenant Pearson himself cannot fail to be gratified by the favorable opinion

expressed of his professional services on the occasion referred to, by so distinguished and experienced an officer as Vice-Admiral Sir A. L. Kuper, yet, as, upon due consideration, it has not been deemed advisable to recommend the promotion of Lieutenant Pearson by his own government, the President would prefer to decline at present making any application to Congress on the subject. 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. Seward to Mr. Burnley.

DEPARTMENT OF STATE,

Washington, January 12, 1865.

SIR: I have the honor to acknowledge the receipt of your note of the 7th instant, together with a copy of a despatch from the lieutenant governor of New Brunswick, in reply to my communication of the 16th ultimo to you, respecting the extradition of the St. Albans raiders, a copy of which you were pleased to submit to his excellency. In reply, I have the honor to state that the requisition under the treaty for fugitives from the United States in the British provinces is always in the form of a note from this department to her Majesty's legation. The object and effect of this are merely a notice to the executive authorities of the provinces, that when the fugitives claimed shall have been judicially prosecuted under either the act of the imperial Parliament, or under any provincial act for carrying the treaty into effect, and the proper magistrate shall certify to the executive authority that there is sufficient cause for the surrender of the fugitive, the surrender may be made accordingly. Nothing more has been expected in the cases of the St. Albans raiders, who are supposed to be skulking in the province of New Brunswick.

It is the duty of this government to apply to the proper authorities there for their arrest and examination, and to furnish proof that they are subject to extradition, according to the treaty.

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, January 14, 1865.

SIR: I have the honor to acknowledge the receipt of your note of the 31st ultimo, informing me of the measures adopted by the governor general of Canada to prevent the manufacture in that province of "Greek fire," to be used by the insurgents in their attempts to burn the northern cities of the United States, and in reply to express my satisfaction with the action of Viscount Monck in the

matter.

Accept, sir, a renewed assurance of my high consideration.
WILLIAM H. SEWARD.

J. HUME BURNLEY, Esq., &c., &c., st.

Mr. Seward to Mr. Burnley.

DEPARTMENT OF STATE,

Washington, January 14, 1865. SIR: I have the honor to state, for the information of the proper authorities of her Majesty's government, that a reliable representation has been made to this department to the effect that the men of the late piratical steamer Florida, who went to Europe after the seizure of that vessel, have been ordered to rendezvous at Calais immediately, to join the pirate Shenandoah, lately called the Sea King; that the Shenandoah will be found in the neighborhood of Bermuda; that the men will go to that place, and be put on board by a blockade runner; and that the Shenandoah has only forty-three men on board, of whom not more that ten are sailors.

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. Seward to Mr. Burnley.

DEPARTMENT OF STATE,

Washington, January 16, 1865.

SIR: I have the honor to acknowledge the receipt of your communication of the 3d instant, communicating to me a copy of the instructions of the 3d ultimo, addressed to the governor general of Canada by her Majesty's secretary of state for the colonial department, in regard to the extradition of the St. Albans felons, and informing me that the proceedings of Viscount Monck throughout the whole of the unfortunate occurrences growing out of their depredations have been approved by her Majesty's government. Thanking you for the information thus imparted, I have the honor to inform you that it will be taken into consideration. I have the honor to be, with the highest regard, sir, your obedient servant, WILLIAM H. SEWARD.

J. HUME BURNLEY, Esq., &c., &c., &c.

Mr. Burnley to Mr. Seward.

WASHINGTON, January 17, 1865.

SIR: I have the honor to acknowledge the receipt of your letter of the 14th instant, and to inform you, in reply, that copies of it shall be forwarded to her Majesty's government and to the lieutenant governor of Bermuda.

I have the honer to be, with the highest respect, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.

Mr. Burnley to Mr. Seward.

WASHINGTON, January 17, 1865.

SIR: I have the honor to acknowledge the receipt of your letter of the 14th instant, and to inform you, in reply, that copies of it shall be forwarded to her Majesty's government and to the lieutenant governor of Bermuda.

I have the honor to be, with the highest respect, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.

Mr. Seward to Mr. Burnley.

DEPARTMENT OF STATE,

Washington, January 18, 1865. SIR: I have the honor to acknowledge the receipt of your note of the 10th instant, informing me, at the instance of Earl Russell, that the answer of this government in regard to the case of Hardcastle was entirely unsatisfactory to that of her Majesty's, and that her Majesty's government reserve and do not abandon their claim to compensation for the death of that person. In reply, I have the honor to inform you that it will receive my attention. Accept, sir, a renewed assurance of my high consideration.

J. HUME BURNLEY, Esq., &c., &c., &c.

WILLIAM H. SEWARD.'

Mr. Seward to Mr. Burnley.

DEPARTMENT OF STATE,

Washington, January 18, 1865.

SIR Referring to your note of the 9th ultimo, requesting, at the instance of the owners of the Labuan, information concerning the progress made in the trial of the case, I have the honor to inform you, in reply, that in a letter of the 14th ultimo the United States district attorney states that he has made every effort to procure a speedy and final disposition of the whole matter by the court upon the testimony already on file, and that the attorneys representing the charterers of the Labuan, whose claim for damages is much larger than that of the owners of the vessel itself, have not co-operated with him to that end, and that the proceedings were delayed for their convenience.

I have the honor to be, with the highest consideration, sir, your obedient

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My DEAR SIR: I give you, herewith, for your information, a copy of a despatch which, on the 16th instant, I addressed to Mr. Adams at London.* Believe me to be, my dear sir, very faithfully yours,

J. HUME BURNLEY, Esq., &c., &c., &c.

WILLIAM H. SEWARD.

Mr. Seward to Mr. Burnley.

DEPARTMENT of State,

Washington, January 19, 1865.

SIR: Referring to your note of the 6th ultimo, and to previous correspondence between her Majesty's legation and this department, relative to the alleged improper detention of the crew of the Night Hawk in prison, I have the honor

* See despatch No. 1237 to Mr. Adams current series.

to inform you that the Secretary of the Navy, in a letter of the 17th instant, states that orders for the release of the officers of the Night Hawk were given on the 14th instant.

I have the honor to be, with the highest consideration, sir, your obedient servant,

WILLIAM H. SEWARD.

J. HUME BURNLEY, Esq., &c., &c., &c.

Mr. Seward to Mr. Burnley.

DEPARTMENT OF STATE,

Washington, January 19, 1865.

SIR: Referring to your note of the 13th instant, in which you propose that the James Douglas may be brought to New York and there regularly appraised and a settlement made with the owners, I have the honor to enclose, in reply, a copy of a letter of the 31st ultimo from the Secretary of the Navy.

I have the honor to be, with the highest consideration, sir, your most obedient servant,

J. HUME BURNLEY, Esq., &c., &c., &c.

WILLIAM H. SEWARD.

Mr. Welles to Mr. Seward.

NAVY DEPARTMENT, December 31, 1864.

SIR: I have had the honor to receive your letter of the 28th instant, enclosing a copy of a note from J. Hume Burnley, esquire, in relation to the schooner James Douglas..

The department has neither asserted any claims to the vessel in question, nor is aware that it has incurred any liability in relation to it. It came accidentally into the possession of officers of the navy, having been found abandoned at sea. The question of salvage is entirely between the individual salvors and the owner or owners. If the navy has had the use of the vessel, it has had the trouble and expense of taking care of it; but it declines to incur the expense of having the vessel towed to New York. It would be pleased, under the circumstances, to have the vessel taken off its hands as early as practicable, and can assume no responsibility for its safe-keeping.

I am, respectfully, your obedient servant,

Hon. WILLIAM H. SEWARD,

Secretary of State.

GIDEON WELLES,

Secretary of the Navy.

Mr. Burnley to Mr. Seward.

WASHINGTON, January 20, 1865.

SIR: I have the honor to enclose copy of a despatch from the lieutenant governor of New Brunswick on the subject of the new passport regulations, to which I invite your attention. A glance at the map of New Brunswick will enable you the better to appreciate the remarks of Mr. Gordon.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

J. HUME BURNLEY.

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