some of the parties implicated in the seizure of the steamer Chesapeake, and that you will inform him that no efforts will be spared on my part to secure their immediate arrest. I have no doubt that the high sheriff of St. John has already, on the receipt of the information given him by the consul of the United States, taken steps to insure their capture; but in order that there may be no room on his part for any misapprehension of his duty, I have caused the letter of which I enclose a copy to be addressed to him. I have also directed a circular, of which a copy is likewise enclosed, to be issued to the sheriffs of the different counties. I am not surprised that the amount and importance of the business in which Mr. Seward is engaged should have caused him to evince some forgetfulness of the details connected with a case which has now for many months ceased to occupy public attention; but, although the facts are for the most part recorded in my various communications addressed at the time to her Majesty's minister at Washington, it may be convenient that I should put you, at all events, in full possession of them by a brief recapitulation. You will then perceive that the warrant issued by Judge Parker, referred to by Mr. Seward, does not in any way relate to the extradition of the parties, and was not issued under the authority of my warrant of the 24th of December, 1863, or in consequence of the requisition of the United States government for the surrender of the parties. Previously to the discharge of the prisoners by Mr. Justice Ritchie, I had carefully considered the course which, in such an event, it would be advisable for me to pursue. It appeared to me that if it were decided by the judge that the accused parties would, if guilty of the crimes imputed to them, be amenable to the courts of this province, and not to those of the United States, the government of that country might justly expect that they should be brought to trial in this province upon the charges preferred against them. Accordingly, on Monday morning, March 7, three days before the delivery of Judge Ritchie's judgment, I sent for the attorney general, and directed him to cause information to be laid and warrants prepared which would insure the re-arrest of the parties, should they be released by the judge's orders. I directed the preparation of two separate warrants, of which one or other was to be used, according to the nature of the reasons assigned by the judge for the discharge of the prisoners. Should they be set free on the plea that their commissions in the confederate service rendered the acts committed by them justifiable as the acts of belligerents, I directed that such of them as were British subjects should be arrested for a breach of the foreign enlistment act. Should they be discharged because, in the judge's opinion, their extradition could not properly be demanded by the government of the United States, I directed that the charge of piracy and murder preferred against them should be brought before the admiralty court of this province. The attorney general perfectly understood these instructions, as also their object, which was that matters might be in such a state of prepara tion that, in the event of the discharge of the prisoners, a very few minutes might suffice for the accomplishment of the form necessary to assure their re-arrest. On the following day I desired the provincial secretary to ascertain whether my orders had been carried out. He informed me that the necessary instructions had been forwarded to St. John. I therefore assumed, not I think without reason, that I had done all that could be reasonably looked for by the government of the United States, and given ample proof that no desire existed on the part of this government to shelter from justice the parties implicated in this transaction. Circumstances, which I need not now detail, unfortunately prevented the due execution of these orders and it was not until the 16th of March that Mr. Justice Parker issued the warrant, of which I now enclose a copy, and which you will perceive is not issued under the provisions of the act 6 and 7 Vict., cap. 76, but by the judge, as a member of the high court of admiralty; with a view to their being brought before which court for trial, it directs the apprehension of the parties. Immediately before my leaving this province for England in the month of April, information reached me that some of the parties were still in the neighborhood of St. John, and I directed the high sheriff to make every effort for their capture. I did not return to New Brunswick till August, and I have not since that time received any further intelligence on the subject. I have, &c., &c., J. HUME BURNLEY, Esq., &c., &c., &c. ARTHUR H. GORDON. Mr. Tilley to the High Sheriff. PROVINCIAL SECRETARY'S OFFICE, SIR: I am directed by his excellency the lieutenant governor to inform you that his excellency has received intimation, from her Majesty's legation at Washington, that the consul for the United States of America at St. John has intimated to you that some of the persons implicated in the seizure of the Chesapeake are now in St. John. I am directed by his excellency to instruct you, should this be the case, to spare no pains to secure execution of the warrant of Mr. Justice Parker, of the 1st of March, 1864, now in your hands, by the immediate apprehension of the parties referred to, and you will take, with secrecy and despatch, all the measures necessary to effect this object. In the event of the capture of any of the parties, you will report the fact at once to his excellency by telegraph. I have, &c., The HIGH SHERIFF, St. John. S. L. TILLEY. [Copy of circular to the sheriffs of counties.] PROVINCIAL SECRETARY'S Office, SIR: On the 18th of March, 1864, a warrant for the apprehension of certain parties named therein, on a charge of piracy and murder, and signed by the Hon. Justice Parker, as a member of the high court of admiralty, was forwarded to you by the attorney general. Credible information has reached his excellency that some of the parties named in that warrant are now within the province, and I am directed by his excellency to call your attention to its proper execution within your jurisdiction should you have reason to believe that any of the individuals referred to are in the county of Should this be the case, I am directed to instruct you to take, with despatch and secrecy, immediate measures to secure their arrest, and, in the event of their capture, to report at once (by telegraph) to his excellency. I have, &c., &c., The HIGH SHERIFF of &c., &c., &c. S. L. TILLEY. [Copy of warrant.] To James A. Harding, esquire, sheriff of the city and county of St. John, the deputy sheriff of the city and county, and to all constables and others, her Majesty's officers of the peace, for the said city and county of St. John, whom these may concern : These are, in her Majesty's name, to command you and every of you, upon sight hereof, to take and bring before me, the Hon. Robert Parker, one of her Majesty's justices of the supreme court of New Brunswick and one of the commissioners named in the communication issued under the great seal of the United Kingdom of Great Britain and Ireland, pursuant to the statutes and acts of the imperial Parliament in such case made and provided, or some other of the commissioners named in the said communication, the bodies of John C. Braine, David Collins, James McKinney, Linus Seelye, George Wade, W. C. Brooks, Isaac Tredwell, Henry Parr, George Robinson, Gilbert Cox, Robert Cox, Robert Moore, George Moore, Henry Osborne, and Vernon G. Locke, (alias John Parker,) of whom you shall have notice, to answer all such matters and things as on her Majesty's behalf are, on oath, objected against them by Charles Johnson, on suspicion of having been guilty of the forcible, piratical, and felonious seizing upon the high seas, within the jurisdiction of the admiralty of England and of the court appointed by the commissioners aforesaid, and then and there stealing, taking, and running away with, with force and arms, from the care, custody, and possession of Isaac Willetts, then being the master and commander, and by himself and his mariners in lawful possession of the same, the steamer or vessel called the Chesapeake; and on board the said steamer or vessel on the high seas, within the jurisdiction aforesaid, to wit, about twenty miles east-northeast from Cape Cod, in the State of Massachusetts, one of the United States of America, unlawfully, feloniously, and maliciously and cruelly did make an assault on one Orin Schaffer, second engineer of the said steamer or vessel, and him, the said Orin Schaffer, feloniously, wilfully, piratically, and of malice aforethought, killing and murdering, against the peace of our lady the Queen, her crown and dignity, and to be examined touching and concerning the said charge, and to be further dealt with according to law. Hereof fail not at your peril. Given under my hand and seal this 16th March, 1864. R. PARKER, Judge of Supreme Court, Commissioner. Mr. Burnley to Mr. Seward. BRITISH LEGATION, February 17, 1865. MY DEAR SIR: The lieutenant governor of New Brunswick telegraphs this morning that "Linus Seely, one of the Chesapeake captors, has been arrested at St. John." Very faithfully yours, J. HUME BURNLEY. Hon. WILLIAM H. SEWARD, &c., &c., &c. Mr. Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, February 17, 1865. SIR: Adverting to my note of the 7th instant, communicating to you a copy of a telegram from M. M. Jackson, esq., the United States consul at Halifax, I have the honor now to enclose, for your information and that of the proper authorities of her Majesty's government, a copy of another telegram from the same source of yesterday, to the effect that Oswego will probably be one of the points of attack by the rebel raiders from Canada, and that threats are made against Rochester, New York. 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. Jackson to Mr. Seward, OFFICE U. S. MILITARY TELEGRAPH, War Department. The following telegram received at Washington 5.22 p. m., February 16, 1865, from Hali. fax, Nova Scotia, February 16, 1865: Hon. WILLIAM H. SEWARD : Am informed that Oswego will probably be one of the points of attack by rebel raiders from Canada, and that threats are made against Rochester. Despatches by steamer. M. M. JACKSON, U. S. Consul. Mr. Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, February 17, 1865. SIR Referring to your communication of the 6th instant, relative to the removal of Captain Scanlan's cotton to market, I have the honor to inform you that it is stated by the Secretary of the Treasury, in a letter of the 14th instant, that the papers in the case have been referred to the agent at Memphis for a report of his action on the subject; when that is received, it is remarked that such directions in the premises as may seem necessary and proper will be given. I have the honor to be, with the highest consideration, sir, your obedient WILLIAM H. SEWARD. servant, J. HUME BURNLEY, Esq., &c., &c., &c. Mr. Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, February 18, 1865. SIR: I have the honor to acknowledge the receipt of your note of the 15th instant, which is accompanied by a copy of a despatch and enclosures, received by you from the lieutenant governor of New Brunswick relative to the extradition of Braine and others, charged with the commission of piracy and murder on the United States steamer Chesapeake. I beg you to convey to the lieutenant governor the thanks of this government for the zeal manifested by him in adopting prompt measures for the arrest of the above-mentioned criminals. 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, February 19, 1865. SIR Referring to the correspondence which has taken place between us in regard to the suspicious steamer Georgian or Georgiana, I have the honor to acquaint you, for the information of the proper authorities of her Majesty's government, that in a despatch of the 6th instant, addressed to me by D. Thurston, esq., the consul of the United States at Toronto, it is stated that the steamer Georgian has been transferred to George Taylor Denison, a major in the militia (cavalry) of Canada; that he professes to have paid thirteen thousand dollars for her; but Mr. Thurston states that no such sum has ever been in the major's possession, and that he understands that George Dawson, a Canadian by birth, and a colonel in the insurgent service, who spent some months in Toronto, and who avowed that he was there as the agent of the insurgents, and for a special object, left that city a few days before it was known that the vessel had passed into George T. Denison's hands; that Dawson has a family connexion with Denison, and was very intimately associated with him during his residence in that city. I have the honor to be, with the highest consideration, sir, your obedient The steamer Georgian has been transferred to George Taylor Denison, of this city, a major in the militia (cavalry) of Canada. He professes to have paid $13,000 for her, but no such sum has ever been in his possession. He is the brother of Brigade Major Denison, of this city, and it was the last named gentleman from whom I obtained the information. I understand that Geo. Dawson, a Canadian by birth, and a rebel colonel, who spent some months in this city, and avowed that he was here as the agent of the rebel government, and for a special object, left this city a few days before it was known that the boat had passed into Geo. T. Denison's hands. He is connected in some way, by marriage, with Geo. T. Denison, and was very intimately associated with him during his residence in this city. With great respect, I am, sir, your obedient servant, Hon. WILLIAM H. SEWARD, D. THURSTON, U. S. Consul. Secretary of State, Washington. Mr. Burnley to Mr. Seward. WASHINGTON, February 20, 1865. MY DEAR SIR: Agreeably to your wish, I have telegraphed to the lieutenant governor of New Brunswick relative to the detention of Linus Seely, of the Chesapeake, but I would suggest that the machinery of the law on this side should be put in motion as soon as possible, in order to meet the requirements of the law on the other side, as you will have perceived by the correspondence communicated to you on the subject of the St. Albans' raiders, and this same Chesapeake, that what is law in Canada is not law in New Brunswick, and that our lieutenant governors are powerless to do more than what such law prescribes. Believe me, my dear sir, yours, very faithfully, Hon. WILLIAM H. SEWARD, &c., &c., &c. J. HUME BURNLEY. Mr. Burnley to Mr. Seward. WASHINGTON, February 23, 1865. SIR: Her Majesty's government have considered, in communication with the law officers of the Crown, the note which you did me the honor to address to me on the 14th December last, relative to the apprentices of the Cuzco, and the determination come to by the United States government, not only to refuse compensation in the case of the two apprentices, but even to refuse to deliver them up, alleging as a ground for this refusal the proceedings of her Majesty's government in the case of the United States ship Iroquois. I am now instructed to state that her Majesty's government are unable to follow the principle or reason of the resolution thus taken by the United States government. They consider that the United States government must have been well aware, when the former application of Lord Lyons concerning these deserters was met by the liberal and satisfactory answer given to it, that their delivery was not and could not be claimed by her Majesty's government as of right, but could only be asked from the comity and good will of the United States government. It is in the power of the naval officers of the United States (as it would be in that of her Majesty's naval officers in a like case) to deliver up on the high seas, or in any foreign port, under the instructions of their government, deserters from foreign vessels who may without lawful authority be found on board one of the ships-of-war of the United States. This was all that was asked from the United States government, and this it was agreed should be done. But when a foreign deserter is on shore in Great Britain, (and her Majesty's government presume the case would be the same in the United States,) the power of her Majesty's naval officers and of her Majesty's government itself over him is at an end; he can then only be detained or delivered up for some cause authorized by the law of the land. |