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Mr. Seward to Mr. Stuart.

DEPARTMENT OF STATE,
Washington, June 20, 1862.

SIR: As you are doubtless aware, Lord Lyons, a short time since, left at this department the copy of a letter of the 30th ultimo, addressed to himself by P. Edwards, esq., her Britannic Majesty's acting consul at New York, relative to certain restrictions upon exports, especially coal, to Nassau and other British possessions, which was referred to the Secretary of the Treasury for information on the subject. I now have the honor to enclose to you a transcript of that officer's reply.

I avail myself of this opportunity to renew to you, sir, the assurance of my high consideration.

Hon. WILLIAM STUART, &c., &c., &c.

WILLIAM H. SEWARD.

Mr. Chase to Mr. Seward.

TREASURY DEPARTMENT, June 14, 1862.

SIR: I have the honor to acknowledge your letter of the 5th instant, covering a letter addressed to Lord Lyons by the acting British consul at New York, upon the subject of certain restrictions upon exports, especially coal, to Nassau and other British possessions.

In compliance with your request, I return the communication of the consul, and also a copy of the report thereon made to me by the collector of New York, to whom this despatch was sent for this purpose.

The restrictions on coal have been enforced by collectors under my instructions of 18th April last, alike upon domestic and foreign shipping clearing to ports north of Cape St. Roque, on the eastern coast of South America and west of the 15th degree of longitude east.

It will be my pleasure to remove all restrictions to trade when the present necessity, which has made them imperative, shall cease. The despatch of the acting consul is returned.

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SIR: I have the honor to acknowledge the receipt of your letter of the 10th instant, which has just been received, transmitting a copy of a communication from the acting British consul residing at New York to Lord Lyons, complaining of restrictions upon exports to Nassau and other British provinces; and, in reply, have to state that, in the exercise of the discretion devolved upon me, as an officer of the government of a sovereign people, I have prohibited the shipment of coals, and dry goods, and shoes, and quinine, and other drugs, and tin ware, and munitions of war, and sundry other articles, to Nassau and the West Indies

and other foreign ports, when I had reason to suspect that they were intended, by individual enterprise, or the special contracts of British subjects, to directly contribute to the welfare of the enemies of the United States.

In respect to the closing paragraph of the acting consul's letter, in which it is stated that "articles of ordinary export [were] at times prohibited, while wares which could only be of service to a belligerent have been allowed to pass unquestioned," I have to say that we have no data in our possession to refer to for these facts. His letter is returned.

I am, sir, very respectfully, your obedient servant,

Hon. S. P. CHASE,

Secretary of the Treasury.

HIRAM BARNEY, Collector.

Mr. Seward to Mr. Stuart.

DEPARTMENT OF STATE,

Washington, June 23, 1862.

SIR: I have read with care the papers which you left with me at the instance of Peter Goolrick, of Fredericksburg, in the State of Virginia. He alleges that in June, 1853, G. P. R. James, then her Britannic Majesty's consul for Virginia, appointed him vice-consul for the port of Fredericksburg and district of Tappahannock, and that he has been continued in that port ever since. He further alleges that, on the third day of May last, one James Gemmill, a British subject, deposited with him one thousand barrels of flour, and authorized him to sell it at ten dollars per barrel, or hold it for a higher price. Mr. Goolrick complains that soon after the national forces occupied Fredericksburg their soldiers came to his office and demanded his British flag; that on that occasion he prevailed with them to let the flag remain. He alleges, however, that on the 2d of June i stant General Reynolds, then military governor at Fredericksburg, took possession of the one thousand barrels of flour; that he, Goolrick, protested in writing; that a few days afterwards General Doubleday was appointed military governor, and that either he, or some of his officers in his name, with a file of soldiers, forced. themselves into his office and dwelling; were extremely rude to Mr. Goolrick and his wife; searched his premises and examined papers, and took some papers away; that they searched his kitchen, stable, and cow-barn, and examined his servants, separate and apart, to ascertain if fire-arms were concealed in his premises, but there were none found; that on this occasion they carried off his British flag from over his office, and placed a United States flag in its place, and placed a sentinel before the door of his dwelling-house, with instructions to permit nothing to pass out; that he adds that he has closed his office and suspended his business as vice-consul, and that her Majesty's subjects in this place require the aid of a British consul.

Fredericksburg is a comparatively obscure inland river port, is only fiftysix miles from Washington, and sixty-six miles from Richmond, and both of these places are accessible from Fredericksburg by railroad. It is hardly conceivable that a vice-consul should be needful there in ordinary times; but certainly this government could not be expected to guarantee forever consular privileges in time of war to agents whose consular character is entirely unknown to them. It is necessary also for the preservation of a good understanding between the two countries, and it is the right of this government to have official notice whenever any British subject, however authorized by his own government, sets up such a vice-consulate in any port of the United States. Mr. Goolrick's papers, which you left with me, show that he was appointed a vice-consul, by her Majesty's consul general for Virginia, at the

time he mentions, and that succeeding incumbents of the consular office there occasionally corresponded with him as such. But he makes no pretension that this government has ever had any notice that he held such a trust. I am left to infer by him, and by yourself, as I am also directly informed, that he is a citizen of the United States, owing allegiance to this government. Mr. Goolrick is represented to me to be a traitorous citizen of the United States, and the proceedings against him were taken for that reason. The fact that he held a vice-consular authority, even if it was true, would not entitle him to appeal to British authority for redress against any proceedings of our government not affecting the authority of her Majesty's government or the rights or interests of British subjects. As soon as my attention was directed to this case, I inquired in this department and ascertained not only that no notice of his designation or pretension to be vice-consul had ever been received at this office, but that, in my absence from the department, the military officer in chief command at Fredericksburg had called and inquired for the purpose of ascertaining the truth of his pretensions to such a character, and had been told by the chief clerk that the pretence was certainly false, because no communication of his having been assigned to such a place had ever been received by this government. It is manifest that the military authorities acted in the matter complained of upon the assumption that Mr. Goolrick's representations were untrue, fraudulent, and made with treasonable intent on his part against the United States.

It certainly is very questionable whether, under these circumstances, he has any claim on his government, or that government has any claim for executive interposition in the matter. But the President is not disposed to stand upon technicalities, or to refine closely upon consular rights and privileges where the interest of governments or subjects of foreign powers here are concerned. Justice shall in all such cases be done, and all rights created by treaty or the law of nations shall be respected. The British flag in question, if it be true that it has been taken from Mr. Goolrick, will be at once returned to his possession. He does not report that any archives of the consulate or other official papers were taken from him. If any such were taken they will be at once returned to him. You may consider the subject and determine whether it is so important to the interests of the British government and British subjects that a vice-consulate be wanted at Fredericksburg. If you think it is, you may appoint then any British subject you may name, or any loyal American citizen. If you find it inconvenient to make such an appointment, and think it important that Mr. Goolrick act for the present as vice-consul, he will, on my receiving an intimation to that effect from you, be authorized to act, for the present, if the military authorities shall deem it consistent with the public safety that he be left at liberty, and, with the reservation also that, on examining all the facts, this government, if it find him an improper person, will ask for his removal. A commission will be appointed by this department to inquire into the whereabouts of the one thousand barrels of flour which Mr. Goolrick says were taken from his protection. If they shall be found to have been the property of any British subject, lawfully held, and not being used or intended to be used for purposes treasonable against this government, they will be returned, or, if that is impossi ble, compensation shall be made for them.

Having incidentally learned that Mr. Goolrick had been arrested and is now here on his parole, directions have been given for his release from that obligation in order that he may return to Fredericksburg.

I avail myself of this opportunity to renew to you, sir, the assurance of my high consideration.

Hon. WILLIAM STUART, &c., Sr., &c.

WILLIAM II. SEWARD.

Mr. Seward to Mr. Stuart.

DEPARTMENT OF STATE,
Washington, June 24, 1862.

SIR: I have been informally apprised that Mr. Coppell, her Britannic Majesty's acting consul at New Orleans, has deemed it advisable to relinquish his official functions in consequence of a letter addressed to him by Major General Butler, issued, it is presumed, through some misapprehension. I do not think the facts of the case justified General Butler in writing that letter. I will thank you, therefore, to request that gentleman to resume his consular character, the supposed cause of the abandonment of which is regretted. The Secretary of War has been requested to issue proper orders upon the subject to General Butler.

I have the honor to be, sir, your very obedient servant,

Hon. WILLIAM STUART, &c., &c., &c.

WILLIAM H. SEWARD.

Mr. Stuart to Mr. Seward.

WASHINGTON, June 25, 1862.

SIR: I have the honor to acknowledge the receipt of your note of the 23d instant, respecting the position of Mr. Peter Goolrick, as British vice-consul at Fredericksburg, and the proceedings of the military authorities there in searching his premises, in taking forcible possession of his British flag as well as a quantity of flour, the property of a British subject, which had been intrusted to him, and finally in arresting his person and bringing him to Washington, where he has been for several days past a prisoner on parole.

You are pleased to inform me that Mr. Goolrick's position as British viceconsul was entirely unknown to the State Department, and that it might be questionable whether, as a citizen of the United States, he has any claim upon her Majesty's government, or whether her Majesty's government have any claim to interfere on his behalf; but, as you state that you are not disposed to stand upon technicalities, and as it was not my intention to raise the question, it is unnecessary that I should reply further to that part of your note, unless instructed to do so by her Majesty's government, to whom it will be my duty to refer the whole case. With regard to the British flag taken from Mr. Goolrick, you state that, if so taken, it will be restored; with regard to the flour seized, that a commission will be appointed to inquire into the ownership, and that, if the allegation is correct, it will be either restored or paid for, and, with regard to his arrest, that directions have been given for his release, in order that he may return to Fredericksburg.

In thanking you for this communication, the only part of it to which I need now reply is that to which I have not attended in its proper order, and in which you submit to me whether it is of importance to retain Mr. Goolrick or any other vice-consul at so small a place as Fredericksburg, at the same time expressing your readiness to acknowledge him in that capacity for the present, provided it be found consistent with the public safety to leave him at liberty; and if, after examining into the facts, the United States government do not find him an improper person. On these points I can only request that if no treasonable charges can be proved against Mr. Goolrick, he may be permitted to continue in the exercise of his vice-consular functions until I have time to receive instructions upon the subject from her Majesty's government, as I have no power on my own responsibility to suspend a consular officer from his functions.

I think, however, that I may assure you that Earl Russell will be anxious to

consider the whole subject in the same spirit in which you have yourself treated it, and that in the meantime it would not be his lordship's wish that I should attempt to shield Mr. Goolrick from the consequences of any crimes or misde meanors which he may have committed, punishable by the laws of the United States, should any such be proved against him.

I avail myself of this occasion to renew to you the assurance of my highest consideration.

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

W. STUART.

Mr. Seward to Mr. Stuart.

DEPARTMENT OF STATE,

Washington, July 1, 1862.

SIR: In acknowledging the receipt of Lord Lyons's note of the 12th ultimo, touching the cases of British subjects, prisoners of war, who may have been forced against their will into the service of the enemy of the United States, he was informed by this department that the attention of the Secretary of War had been invited to the subject. I now have the honor to enclose to you a copy of that officer's reply.

I avail myself of this opportunity to offer to you, sir, the assurance of my high consideration.

F. W. SEWARD, Acting Secretary.

Hon. WILLIAM STUART, &c., &c., &c.

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SIR: The Secretary of War directs me to say that he has had the honor to receive your letter of the 14th instant, enclosing copy of a note addressed by Lord Lyons to the State Department, under date of the 12th instant, touching the cases of British subjects, prisoners of war in this country, who, when captured by the United States forces, were serving against their will in the ranks of the rebels, and asking that such cases may be "inquired into fairly and dealt with leniently," and to submit to you the following reply:

The department has no information upon this subject other than that gathered from the note of Lord Lyons; and as that fails to mention the name of any British subject supposed to have been captured while serving against his will in the ranks of the rebels, it is manifestly out of the power of the department now to take any action in the premises.

It may be well, however, to acquaint Lord Lyons with the fact that applications for release and parole, on precisely this ground, aré almost daily made to the department by citizens of the United States captured from the insurgent rauks and held as prisoners of war; but the department has uniformly declined to inquire into these cases, or to deal with them otherwise than with cases in which no such ground was urged.

Very respectfully, your obedient servant,

Hon. WILLIAM H. SEWARD,

C. P. WOLCOTT, Assistant Secretary of War.

Secretary of State.

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