vessel at Angra Pequeña. You observe that by this denial the United States government is left to infer "that the claimants placed their coal on the island of Angra Pequeña for the use of the navigators of the Alabama." Her Majesty's government consider that such an inference is in every sense gratuitous and unwarranted, and that if the thing inferred is that the deposit of this coal was in effect a delivery in pursuance of a contract with the navigators of the Alabama, this is not only not implied in, but is distinctly opposed to, the very hypothesis of fact on which her Majesty's government have expressed their views of the law, while neither knowing nor admitting for what purpose the coals in question were actually deposited. It appears also to her Majesty's government a proposition directly at variance with the principles and practice of international law to maintain that the Alabama (however those who originally fitted her out may have been guilty of violating the municipal law of Great Britain) could, on that or on any other account, be treated or considered as a pirate, and they consider it necessary to remind the government of the United States that they cannot claim the rights of a belligerent from neutral states, and at the same time disregard their own obligations towards those states; that the United States government are not justified in seizing the merchant vessels of neutral states upon the high seas, on the ground of their intention to violate a blockade, without at the same time religiously respecting the property of neutrals in territories or in dominions over which they and the belligerents have no legitimate authority. Her Majesty's government maintain, therefore 1st. That there is no ground at present shown for asserting that the coal placed on Angra Pequeña was placed there by the neutral owners in pursuance of a contract with the enemies of the United States, so as to make it, when there, enemy's property. 2d. That if it was, when at Angra Pequeña, British property, it was not in that place subject to any belligerent right of the United States. 3d. That there is no ground for asserting that the Alabama making war on the ships and sailors of the United States was in any other position than General Lee and his army, as a belligerent engaged in war on the forts and armies of the United States. 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., &c. Mr. Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, December 8, 1864. SIR: I have the honor to enclose a copy of a communication of the 5th instant from his honor the mayor of the city of Buffalo, in regard to the movements of the suspected steamer Georgian, or Georgiana, and to other proceedings hostile to the United States which are reported to be on foot in Canada. I will thank you to call the attention of his excellency Viscount Monck to this information. I have the honor to be, with the highest consideration, sir, your obedient serWILLIAM H. SEWARD. vant, J. HUME BURNLEY, Esq., &c., Sc., &c. Mayor Fargo to Mr. Seward MAYOR'S OFFICE, Buffalo, December 5, 1864. SIR: I have the honor to acknowledge the receipt of your favors, dated the 19th and 21st of November, respectively. I transmit herewith, for your information, a copy of a communication received by me from a gentleman in Toronto, who gave me the original information in regard to the propeller Georgia, and who is now employed by the city as a detective. His statements are, in my judgment, entitled to credit. I have sent copies of this communication to Major General Dix, and also to the commander of the United States steamer Michigan. I have the honor to be, very respectfully, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. WILLIAM G. FARGO, Mayor. [Enclosure.] TORONTO, November 30, 1864. DEAR SIR: I have delayed writing you concerning the movements of certain parties here, thinking I could ascertain to a certainty what their determination was. I have in a measure succeeded. Bates would have made the attempt on the cutter Michigan had her wheel held good. It became loose again on his arrival in Port Stanley. He then went to Sarnia with her, and came himself to Toronto, and upon remonstration with the firm from whom he purchased her, they agreed to get him a new one. He (Bates) told me that he would yet make the attempt, if the weather held good. The report that the Georgian was going into the Saginaw lumber trade was a mere blind. Finding that you were aroused and prepared, he said that he would make a trip or two to the Sault Ste. Marie, in the place of the Algonia, which is disabled, and by that time things would be quiet. He is a determined old fellow, and as plausible as an old woman. His captain (Milne) knows the lakes well on both sides, and is, moreover, a rank secessionist in feeling. It behooves the people at Sandusky to keep a good lookout. Should the winter set in suddenly Bates will lay up the Georgian and come here, when I will get out of him what his intentions are. There is a man who travels by the name of Smith, but whose real name is Grant-a Tennessee lawyer; he is frequently going from here to Hannibal, and vice versa. He brings information to Colonel Thompson, and takes information back, and connects at Hannibal with scouts, who go south. He always crosses at Sarnia, via Grand Trunk. He told me that it was safer to cross at Sarnia than at Windsor. If you want a description of him I can give it. There is another who frequently crosses at the Suspension bridge and goes to New York. His name is Triggs. Whether he travels by that name or not I do not know, but there is no mistaking him. I was with him last night. There is something on foot the precise nature of which I have not yet been able to determine, but will find out. There are four or five gangs of them determined to do or die this winter. Our solicitor general, West, is up here trying to find out about this cannon manufactory. There is another leader of the confederates here by the name of Baker. We had a great influx of them last week, and after a day or two they separated again. Yesterday a lot of them returned a second time. I will find out what they are at. As soon as Bates get back, and I see him, I will sound him and let you know. Yours, truly, WILLIAM G. FARGO, Esq., Mayor, &c., Buffalo, New York. FIDES. Mr. Burnley to Mr. Seward. WASHINGTON, December 9, 1864. SIR: With reference to your note of the 8th July, and to previous correspondence, and to Lord Lyons's note of the 5th August relative to the case of the Labuan, I have the honor to state that the agent for the owners has recently written to me requesting information as to how his client's case stands at present. I perceive by the correspondence that the matter was to have been brought before Congress, at its last session, with a view to a speedy settlement of the claims of the parties, but that certain testimony essential to a proper determination of the question of damages had not been obtained from the consul at Matamoras, and that, therefore, to your great regret, the case had been unavoidably delayed. As another session has now commenced, I venture to bring the subject forward again in the hope that the settlement may not be far distant. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, Sr., &c., &c. J. HUME BURNLEY. Mr. Burnley to Mr. Seward. WASHINGTON, December 11, 1864. SIR: I have the honor to acknowledge the receipt of your note of the 8th instant, enclosing to me copies of two documents relative to the movements of the steamer Georgian or Georgiana, and to other proceedings which are reported to be on foot in Canada, and to be hostile to the United States. I have this day forwarded copies of your note and of its enclosures 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., &c. Mr. Burnley to Mr. Seward. WASHINGTON, December 11, 1864. SIR: With reference to your note of the 29th ultimo, and to Lord Lyons's note of the 30th ultimo, relative to the extradition of B. G. Burley, I have the honor to transmit to you herewith a copy of a despatch which I have received from his excellency the governor general of Canada. I have the honor to be, with the highest consideration, sir, your most obedient servant, J. HUME BURNLEY. Hon. WILLIAM H. SEWARD, &c., &c., Sr. Viscount Monck to Lord Lyons. QUEBEC, December 6, 1864. MY LORD: I have the honor to acknowledge the receipt this day of your despatch of November 30, enclosing a note from the Secretary of State of the United States, demanding the extradition of one Bennet G. Burley, "accused of the crimes of piracy, robbery, and assault with intent to commit murder, within the territory of the United States." In reply, I have the honor to state, for the information of Mr. Seward, that so soon as I shall be advised that the proofs required by the treaty of extradition shall have been completed in this case, the necessary warrants shall be issued for the delivery of Burley to the anthorities of the United States. I have, &c., LORD LYONS. MONCK. Mr. Burnley to Mr. Seward. WASHINGTON, December 12, 1864. SIR: I forwarded, on the 30th ultimo, to his excellency the governor general of Canada, copies of your note of the 29th ultimo, and of its enclosures, relative to the alleged existence of a military organization in Canada of fugitives from the United States. I have now the honor to transmit to you a copy of his excellency's reply. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, Sr., Sr., Sr. J. HUME BURNLEY. Lord Monck to Lord Lyons. QUEBEC, December 6, 1864. MY LORD I have the honor to acknowledge the receipt this day of your despatch of November 30, enclosing copies of the documents noted in the margin, respecting the alleged organization and drilling, in Prince Edward's county, Canada West, of fugitives from the United States. In reply, I have the honor to state, for the information of Mr. Seward, that I will take immediate steps to investigate the accuracy of the information communicated to Major General Dix, and should it prove well founded, I will use all legal means to put an end to the practice. I have, &c., &c. LORD LYONS. [Documents referred to.] Mr. Seward to Lord Lyons, November 29, 1864. Assistant Secretary of War to Mr. Seward, November 25, 1864. MONCK. Mr. Burnley to Mr. Seward. WASHINGTON, December 13, 1864. SIR: In your note of the 8th ultimo, enclosing copy of a letter of the 4th ultimo from the Secretary of the Navy, relative to the schooner James Douglass, it was stated that R. A. Porter had received directions to send the said schooner to New York; and, on her arrival, she was to be delivered up to the owners upon their renouncing all claims for the use of the vessel. Subsequently, on the 30th ultimo, I had the honor of bringing to your notice a letter of Mr. Morris, the agent, making certain propositions with regard to the sale of the vessel. From recent accounts she appears still to be lying at Beaufort, and the longer she stays there the less she will fetch if put up for sale. I would, therefore, request that Mr. Morris's proposition be taken into consideration, as I think his observations were fair and just as regards the use made of the vessel by the United States government. I would propose that the vessel be brought at once to New York, as first directed by the Navy Department, and then regularly appraised and settlement made with the owners as to a fair price, as suggested by the agent. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, Sc., &c., &c. J. HUME BURNLEY. Mr. Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, December 13, 1864. SIR: I have the honor to enclose, for the information of the governor general of Canada, a copy of a communication of yesterday, from the War Department, in regard to the alleged manufacture of what is known as Greek fire,* for use in attempts to burn cities of the United States. 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, December 14, 1864. SIR: On the 11th of July last Lord Lyons, under instructions of Earl Russell, addressed to me a note informing me that two apprentice boys, employed on board the British bark Cuzco, deserted at Valparaiso and enlisted in the United States naval service on board the St. Mary's. Lord Lyons informed me that Captain McPherson, of the Cuzco, stated that he went on board the St. Mary's and demanded that the apprentices should be given up, and that the commander of the vessel gave Captain McPherson no satisfaction, and only replied that the boys could not be found without a deal of trouble, whereupon, the Cuzco being ready for sea, Captain McPherson was under the necessity of sailing without them. On my receiving the communication of Lord Lyons, Rear-Admiral Charles H. Bell was immediately directed to investigate the matter. On the 25th of August last, in the absence of Lord Lyons, you recalled my attention to the subject, on which occasion you furnished to me a bill of damages resulting from the desertion of the Cuzco, amounting to thirty-one pounds six shillings and two pence sterling. On the 16th of November last I had the honor to communicate to Lord Lyons the result of the investigation which had been directed in this case of two British deserters. It appeared that while the St. Mary's was lying at Valparaiso, the captain of the Cuzco came on board and reported the fact of the alleged desertion. The apprentices concealed themselves on the St. Mary's so effectually as to baffle the search for them, which was made with good faith and diligence. After the departure of the Cuzco the deserters appeared. Arthur Cox, one of the deserters, was afterwards condemned by medical survey, and sent on the 31st of August last to the naval hospital at New York. The other, named Williams, was transferred with others to the United States ship Lancaster, which is attached to the United States squadron on the Pacific. I have now to inform you that this government does not deem itself under either a legal or a moral obligation to deliver up the aforenamed deserters, or to pay any damages for their desertion. This decision is based upon the ground that, on the 14th of September last, when the United States ship Iroquois was lying in the Downs, in England, two of her seamen deserted to the British shore. They were arrested at Dover and taken before a magistrate. The magistrate discharged them on the ground that they could not be abridged of their liberty by any law recognized in the United Kingdom. * Published with instructions to Mr. Adams, No. 1189. |