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Mr. Burnley to Mr. Seward.

WASHINGTON, January 25, 1865. SIR: I have the honor to acknowledge receipt of your note of the 21st January, relative to the alleged intentions on the part of enemies of the United States, now said to be lurking in Canada, to make a predatory incursion on certain points on United States territory.

I have transmitted a copy of that note to his excellency the governor general of Canada.

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

J. HUME BURNLEY. Hon. William H. SEWARD, &c., c., 4:.

Mr. Burnley to Mr. Seward.

WASHINGTON, January 26, 1865. Sir: With reference to your note of the 7th October last, stating that the claims of Miller and Fisher (two British subjects illegally imprisoned in the State of Michigan) to compensation for their illegal arrest and detention would be taken into consideration by the United States government, I have the honor to transmit to you a copy of a despatch and, in original, its enclosure, which I have received from his excellency the governor general of Canada, in which Miller's claim is put forward.

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

J. HUME BURNLEY. Hon. William H. SEWARD, 8c., fr., fc.

Viscount Monck to Mr. Burnley.

QUEBEC, January 18, 1865. Sir: With reference to the cases of Miller and Fisher, who were illegally imprisoned at Detroit last May, and whose claims to compensation Mr. Seward informed you in his note of the 7th October, 1864, would be taken into consideration when they were definitely presented, I have the honor to transmit to you a paper setting forth the amount of Miller's claim, which I beg that you will be so good as to lay before the Secretary of State of the United States.

It should be borne in mind, in deciding upon the compensation due to Miller, that though Mr. Seward, on the 7th October, pronounced his detention to be illegal, he was not released till the 6th December.

The delay was owing, I was informed, to a question arising as to whether the proper per. son to grant the warrant of deliverance in the case was the governor or the attorney general of the State of Michigan.

If this is correct, Miller's imprisonment was unnecessarily prolonged for nearly two months after its injustice had been acknowledged, and I think that this fact should weigh strongly in procuring a liberal consideration of his claims by the rnment of the United States. I have, &c.,

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

The government of the United States to Thomas J. Miller, Dr. For compensation for being taken by violence-he being a British subject--from Sandwich, in the county of Essex, in the province of Canada, by United States officials, on May 1, 1864, and afterwards committed to the common jail, in the city of Detroit, and there detained until delivered by the warrant of his excellency Governor Blair, of Michigan, on December 6, 1864— 1. For loss of earnings during the period of seven calendar months and six days,

from date of arrest to date of release, at $50, Halifax currency, per month.... $360 00 2. For expenses incurred during confinement in jail, $250 in United States cur. rency, equivalent to, in Halifax currency...

120 00 3. For indemnity for loss of health and strength, by reason of close confinement in jail for the above period.....

500 00 Total, in Canadian currency.

980 00

THOMAS J. MILLER.

Mr. Burnley to Mr. Seward.

WASHINGTON, January 26, 1865. Sir: I have the honor to transmit to you herewith a copy of the speech of his excellency the governor general on the opening of the session of the Canadian Parliament.

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

J. HUME BURNLEY. Hon. William H. SEWARD, 8c., gr., sc.

[Extracts from the Canada Gazette of January 19, 1865.]

LEGISLATIVE COUNCIL CHAMBERS,

Quebec, January 19, 1865. This day, at three o'clock p. m., his excellency the governor general proceeded in state to the chamber of the legislative council in the Parliament building. The members of the legislative council being assembled, bis excellency was pleased to command the attendance of the legislative assembly, and that house being present, his excellency was pleased to open the third session of the eighth Parliament of the province of Canada with the following speech from the throne :

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Ontrages have been committed on the commerce and territory of the United States of America by persons who, after the perpetration of these acts, have sought refuge on Canadian soil.

In order to prevent the organization of any such enterprises within this province, and also to enable me to discharge in an effective manner my duties towards a neighboring power on terms of friendship with her Majesty, I have seen fit to oganize a system of detective police on the frontier line of the United States, and with the same design i huve called out for permanent duty a portion of the volunteer force of the province.

Similar considerations have suggested the propriety of arming the executive government with stronger powers than it now possesses for dealing with persons who, wbile availing themselves of the right of asylum which has always been allowed on British soil to political refugees from all foreign countries, may be unmindful of the implied obligations which, by their residence among us, they contract to obey our laws and to respect the declared policy of our sovereign.

A bill framed for this purpose will be laid before you, and I ask for it your early consideration.

I am happy to be able to inform you of the zeal and alacrity displayed by the members of the volunteer force when called upon to turn out for active service.

Mr. Burnley to Mr. Seward.

WASHINGTON, January 28, 1865. My Dear Sir: It may conduce, perhaps, to a better understanding as to the scope and bearing of Earl Russell's slave trade despatch, No. 9, of the 7th December, of which I put a copy into your hands, at the State Department, if I send you copies of correspondence addressed to her Majesty's minister at Madrid on this subject.

You will see that a despatch similar to the above has been addressed to all the European courts, inviting them to join together in declaring slave trade piracy. Believe me be, my dear sir, yours, very faithfully,

J. HUME BURNLEY. Hon. William H. SEWARD, 80., 80., 8c.

Mr. Paget to Mr. Layard.

ADMIRALTY, December 8, 1864. SIR: I am commanded by my lords commissioners of the admiralty to send you herewith, for the information of Earl Russell, a copy of a letter from Commodore Wilmot, dated the 29th of October, No. 238, requesting their lordships to sanction an order he has given to the commander of her Majesty's ship under his command, for the masters and crews of captured slavers to be detained on board the captors, for the purpose of finding out their nationality, and delivering them over to the governments to which they may severally belong.

The question raised by Commodore Wilmot has been on previous occasions brought before my lords, and particularly in a letter from Rear-Admiral Sir F. Grey, date March 12, 1840, a copy of which was sent to the foreign office on the 28th April following.

A steamer without colors or papers, formerly called the Rubens, of Antwerp, was captured by the Lyon. Several of her men were brought to the Cape of Good Hope, and acknowledged themselves to be Spanish subjects. Sir F. Grey, the commander-in-chief, referred the case to the attorney general of the colony, who gave an opinion that there was no power to detain them, or to send them to the Grand Canary, and this opinion was confirmed by her Majesty's advocate general, as communicated to admiralty in foreign office letter May 12, 1860.

My lords apprehended, therefore, that the course proposed by Commodore Wilmot would be illegal, and they proposed to inform him that it cannot be adopted.

The practice at present is to land the crews of captured slavers (except those necessary for condemnation of a vessel, or those specified by treaties) at some convenient place, where their lives will not be endangered, and where they will most easily find means of embarking; care being taken that they have some money to provide themselves with food. The Portuguese will not allow any to be landed in their settlement.

My lords will be glad to know whether any alteration can be made in this practice, which obviously does afford some facilities for manning vessels to be employed in slave-trade. I am, &c.,

C. PAGET. A. N. LAYARD, Esq., &c., &c., &c.

Earl Russell to Sir J. Crampton.

FOREIGN OFFICE, January 5, 1865. SIR: I have to instruct you to request an interview with Marshal Narvaez, in order to speak to him again on the subject of slave-trade.

You will represent to his excellency, that the honor of Spain must suffer from the continued connivance of Spanish authorities at the violation of a solemn treaty concluded with Eng. land in the year 1835. You will point out to him that, by the operation of a British act of Parliament, and the consequent vigilance and activity of Brazilian governments, slave-trade has for the last ten years been unknown on the coast of Brazil; that unhappily it is not unknown on the coast of Cuba; but that it is impossible to believe that the Spanish govern. ment cannot do that which the Brazilian government has been able to do with ease and complete effect.

That by my despatch No. 41, of the 7th ultimo, I have asked the Spanish government to concur in submitting Spanish subjects captured in slave-trading ships to the jurisdiction of British courts—British subjects similarly captured being similarly subjected to the jurisdiction of Spanish courts—and that in both cases the offenders should be liable to the penalties attached to piracy. I have made a similar proposal to other governments in Europe and America.

A correspondence which I send you, and which has recently taken place between the British admiralty, the foreign office, and commodore commanding on the western coast of Africa, will enable you to show to Marshal Narvaez the mischief of letting loose miscreants, quite unworthy of the protection of the Crown of Spain, who, after being taken in one slave vessel, are liberated, and forthwith enlist in the same service in some other ship, bound on & similar unchristian and inhuman errand.

You will urge upon the marshal, so well known for his chivalrous sentiments and lofty character, the duty which devolves upon him of effacing a stain from the escutcheon of Spain, and of rendering a brilliant service to the cause of African freedom.

RUSSELL, Sir J. F. CRAMPTON, &c., &c., &c.

Commodore Wilmot to the Secretary of the Admiralty.

RATTLESNAKE, ST. HELENA, October 29, 1864. SIR: I have directed that the masters and crews of captured slavers be detained on board the captors, for the purpose of finding out their nationality and delivering them over to the government to which they belong,

2. It is the practice to land the master and others who form the crew of captured slaver at the nearest convenient spot, for the purpose of getting rid of them; they are thus enabled to resume at pleasure their former occupation, and make fresh bargains with the slave dealers for future services.

3. If their governments are pleased to sanction this step, we shall place the dealers and others concerned in this traffic in a very uncertain position, because they will experience great difficulty in obtaining a proper master and crew for their vessels ; as not only will there be a scarcity of masters and seamen, in consequence of those captured being sent out of the country and punished for their offences, but because they will be afraid to risk their lives and liberty, knowing that if captured they will be handed over to be dealt with by their own government. I have, &c.,

EVARDLEY WILMOT, Commodore. SECRETARY OF THE ADMIRALTY, &C., &c., &c.

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Mr. Layard to the Secretary of the Admiralty.

FOREIGN OFFICE, January 4, 1865. SIR: I have laid before Earl Russell your letter of the 8th ultimo, transmitting a copy of one from Commodore Wilmot, requesting the lords commissioners of the admiralty to sanction an order recently issued by the commodore to the commanders of her Majesty's cruisers directing them to detain the master and crews of captured slave vessels, with the view to ascertain their nationality, and to their being handed over to the governments of the countries to which they severally belong. You add that their lordships having in view the decision come to in the year 1860, in the case of the crew of the captured slave vessel Rubens, of Antwerp, apprehend that the course suggested by Commodore Wilmot would be illegal, and that their lordships propose, therefore, to inform him that it cannot be adopted.

Lord Russell desires me to observe in reply that he is of opinion that Commodore Wilmot would be justified in detaining the crews of captured slave vessels for the short period of time necessary for ascertaining in any case of such doubt, and in such cases only, whether any provision is made by treaty for their disposal-Spaniards by Spanish treaty, Portuguese by Portuguese treaty, and acts of Parliament confirming such treaties.

If treaty and act of Parliament are silent, his lordship is of opinion that we have no right to detain them, or to require the government of the country to which they may belong to take charge of them.

Commodore Wilmot in the order he has issued has, therefore, exceeded his lawful power. But he should be allowed, under the restrictions above mentioned, to detain the masters and crews of slave vessels till he has ascertained their nationality and position by treaty, and he should on all occasions land them, as far as he can conveniently do so, at places where, whilst their lives will not be endangered, it will not be possible for them to engage again immmediately in similar slave-trading expeditious.

I am to add that Lord Russell is so impressed with the necessity of measures being adopted for the punishment of the masters and crews of slave vessels captured without colors or papers to denote their nationality, that he has recently addressed a circular France, Spain, Portuto her Majesty's representatives in the countries named in the margin, gal, Austria, Prussia, instructing them to invite the government to which they are accredited Italy, Netherlands, to concur in declaring slave trade piracy, and in submitting their subjects Russia, United States. captured in slave-trading ships to the jurisdiction of courts entitled to take cognizance of that crime.

A copy of the circular despatch in question is herewith enclosed for your lordship’s information. I am, &c., &c.

A. H, LAYARD. The SECRETARY TO THE ADMIRALTY, &c., &c., &c.

Mr. Burnley to Mr. Seward.

WASHINGTON, January 28, 1865. SIR: With reference to the note which you did me the honor to address to me on the 15th December last, relative to shot fired from a battery at Eastport, having fallen on British territory, I am directed by her Majesty's government to state to you that they have received with satisfaction the assurance contained in your above-mentioned note, that instructions will be given to prevent any further shots being fired from the battery at Eastport into British territory, and that the occurrence in question was unauthorized, inadvertent, and was to be regretted.

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

J. HUME BURNLEY. Hon. WILLIAM H. SEWARD, Sc., c., c.

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Mr. Burnley to Mr. Seward.

WASHINGTON, January 30, 1865. SIR: I have the honor to enclose copy of a letter which I have received from Mr. Charles Green, as president of the Chamber of Commerce of Savannah, and beg you to take it into immediate consideration, in connexion with what I had the honor of bringing to your notice on the 23d instant.

Hoping to have soon the answer requested in my above-mentioned note, I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

J. HUME BURNLEY. Hon. William H. SEWARD, 80., 8c., fr.

Mr. Green to Lord Lyons.
SAVANNAH CHAMBER OF COMMERCE,

January 19, 1865. MY LORD: In the absence of the usual consular facilities for communicating with you, I am urged by the British residents here to repeat that their property in cotton falls daily into wo position. You are aware it has all been seized by the military, who not only forbid the owners the priyilege of marking the bales at the time they are taken away, but refuse to allow the owners or their clerks to be present in the warehouses, and decline to give any receipt or record of the property they take away. The interests at stake are so large that the necessity of vouchers for the cotton is pressing, and the British subjects here solicit your excellency's interference with the American government hereupon. I remain, &c., &c.,

CHARLES GREEN,

President of the Chamber of Commerce of Savannah. His Excellency LORD LYONS.

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