Mr. Seward to Mr. Stuart. DEPARTMENT OF STATE, 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 misdemeanors 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 that officer's reply. of 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. Mr. Wolcott to Mr. Seward. WAR DEPARTMENT, Washington, June 28, 1862. 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 appli cations for release and parole, on precisely this ground, are almost daily made to the department by citizens of the United States captured from the insurgent ranks 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. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your informal commurication of the 1st instant, relative to the restrictions imposed by the Secretary of the Treasury upon the export of various articles of commerce to Nassau and other British ports, and to state that it will be taken into respectful considera tion. 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. Seward to Mr. Stuart. DEPARTMENT OF STATE, SIR: In accordance with the suggestion in my note to you of the 23d ultimo, this department appointed a commission to proceed to Fredericksburg, in the State of Virginia, and inquire as well into the character and past conduct of Peter Goolrick, exercising the functions of a British vice-consul at that place, and into the facts and circumstances which he had made the subject of a representation to you, as into the ownership of the one thousand barrels of flour, claimed in said representation to be the property of a British subject, which, he said, were taken from his protection. I have the honor to enclose a copy of the report made to this department in pursuance of said appointment. Upon considering the said report the President is of opinion that the public safety and welfare require that Mr. Goolrick should not continue in the office of vice-consul of a friendly power for any district or portion of the United States. Acts which, in a subject of a foreign state, might be regarded as imprudences, or passed with indifference, cannot, when committed by a citizen of the United States, as Mr. Goolrick is, but have a certain pernicious influence among his fellow-citizens. But, in order that no interest may by possibility suffer, and to avoid even the appearance of precipitation, Mr. Goolrick, if you desire, may, under your instructions, remain in his place until after you shall have consulted your gov ernment in the matter. In regard to the one thousand barrels of flour mentioned in Mr. Goolrick's representation to you, you are not understood to present a claim in his name, or in the name of any other person for reparation or compensation. If at any time hereafter any person entitled to your protection shall present a claim to the said flour, and claim remuneration therefor, impartial justice shall, on full investigation, be done to him. I have the honor to be, with high consideration, sir, your obedient servant, WILLIAM H. SEWARD. Hon. WILLIAM STUART, &c., &c., &c. Mr. Ruggles to Mr. Seward. DEPARTMENT OF STATE, July 3, 1862. SIR: On the 25th ultimo I received your instructions of that date to proceed to Fredericksburg, in the State of Virginia, and inquire into the character and past conduct of Peter Goolrick, who claimed to be a vice-consul of the British government, and into the facts and circumstances connected with an alleged examination of the premises of the said Goolrick by our military authorities, and an alleged arrest of said Goolrick; and also in regard to the ownership of one thousand barrels of flour, claimed as the property of one James Gemmill, a British subject, and said to have been taken from the possession of the said Goolrick by military force. Accompanying said instructions was part of a correspondence between you and the British minister, from which it appeared that, although the said Goolrick had held some sort of an appointment as British vice-consul for several years, which had been recognized by the British legation, the government of the United States had never been informed of such appointment; yet that, pending such investigations as might be necessary, the said Goolrick was to be allowed to continue the exercise of his functions as such vice-consul. By your direction I had an interview with the British minister, in which I informed him of the said instructions, and that I was going to Fredericksburg in obedience thereto, and suggested that, if he desired, he might send a person on his behalf to participate in such investigations as I might make. He declined to send any such person with me; expressed his satisfaction with the spirit in which his representations of Mr. Goolrick's complaints had been met, and said that he had directed Mr. Goolrick, on resuming his functions at Fredericksburg, to abstain from any ostentatious display, and not to make any unnecessary exhibition of the British flag, with which direction he said the said Goolrick had faithfully promised to comply. I went to Fredericksburg on the 30th ultimo to perform the said duty. One of the first objects which met my view on reaching the town, was the British flag, displayed from Goolrick's house, in disregard of his promise to the British minister, to announce to his rebel associates a triumph over the military authorities who had laid the hand of correction upon him. The male population of Fredericksburg is very much diminished by the absence, in the rebel army, of nearly all the disloyal portion who are able to bear arms, and of those who remain very few were of any use to me in imparting information touching the subject of my inquiries. The rebels were sullen and silent, and professed to know nothing of the matter. The few Union men to be found were dissatisfied with the more ample protection afforded, as they alleged, by our military forces to the rebels and their property than to them, and distrustful of the inclination or power of the government to protect them from rebel wrath, if they should give information. Owing to these causes I found but one man, besides the officer who examined Goolrick's premises, who could or was willing to give me any important information in the form of an affidavit. It was freely said by the three professed Union men, who were all I could find among the resident population of the town, that Goolrick was a violent and avowed secessionist and rebel, but only one of them would testify to any facts in regard to him. The affidavit of one man, represented to me to be honest and respectable, will be found among the papers, setting forth that the affiant, a resident of Fredericksburg, knows Goolrick, and has known him for six or seven years; that said Goolrick has been, ever since the beginning of the rebellion in 1860, a strong, open, undisguised secessionist. Since the commencement of the war he has had two cellars under his dwelling-house occupied by the rebel forces with guns in boxes, tents, swords, and army sugar. This storage on Goolrick's premises commenced about a month before the evacuation of the town by the rebels, and property was put in and taken out, from time to time, in like manner as at a commissary's store, till at last they left in a hurry, and were obliged to leave a quantity of property. Since the surrender of the town by the rebels, and its occupation by the national troops, the property so left has been privately removed by the rebels, with the aid of the said Goolrick. That on one occasion deponent saw said Goolrick unpacking sugar from hogsheads, and repacking it in barrels, and said sugar was afterwards privately removed in the night by the rebels; that this repacking and removal of sugar, and the removal of the other property, took place after the occupation by the national forces, and that Goolrick did this business stealthily. John E. Cook, of Middleburg, Schoharie county, New York, captain of company I, 76th regiment New York volunteers, made affidavit that he was provost marshal of Fredericksburg for about ten days, ending on or about the 16th of June, 1862; that during said period he examined the premises of said Goolrick, and there found some property which he judged belonged to the rebel military forces, and took the same from the possession of said Goolrick, consisting of two navy chests, with papers of William Ware, a paymaster in the navy, and two trunks and a chest belonging to officers in the rebel army, with their books, papers, and some ammunition. There were also some tents, and some pails, and some blankets, and some iron ware, and some army clothing in possession of said Goolrick, and that deponent also took a British flag from said Goolrick's possession. There have been transmitted from the War Department a paper dated February 19, 1862, purporting to have been despatched by telegraph from Richmond to the said Goolrick, in these words: "Nashville has not fallen, nor never will. Pillow, Johnson, Floyd, and Buckner are safe. I think I am safe in saying this." Which paper purports to have been signed, "A. Gustavus White." And a paper in these words: "Confederate States of America, War Department, Richmond, March 28, 1862. Permission is granted P. Goolrick to visit Fredericksburg, upon honor not to communicate, in writing or verbally, for publication, any fact ascertained which, if known to the enemy, might be injurious to the Confederate States of America. (Signed) A. C. Goodwin, provost marshal." On the back whereof is the following: "I, P. Goolrick, do solemnly swear or affirm that I will bear true faith and yield obedience to the Confederate States of America, and that I will serve them honestly and faithfully against their enemies. (Signed) P. Goolrick. (Dated) Richmond, March 28, 1862." And a paper purporting to be a copy of a letter from the said Goolrick to a person styled Captain R. L. T. Beale, dated Fredericksburg, September 25, 1861, applying to him for his aid and influence for the writer's son, Charles T. Goolrick, who desired a military appointment in the Confederate States. Said letter represents the son as a bachelor of law of the University of Virginia, and as having been practicing at Fredericksburg for about three years, and also as having once represented the Jefferson Society and been editor of the University Magazine, and since then made several secession speeches well spoken of. It goes on to state that some time since he was a lieutenant of infantry, and for several months, up to a few weeks previous to the date of said letter, a lieutenant of artillery; that he was a captain of one of the heavy guns for several weeks in the naval batteries on the Potomac, and acted also as drill master, and had high recommendations from the officers of the corps to which he belonged, and from various regular officers of prominence, among whom were Captains Roots, Thorburn and Minor, and Lieutenant Smith, and others of the navy, and Dr. Bledsoe, chief of the war bureau; Major Lacy, &c., of the army, and many influential civilians-such as the Hon. R. M. T. Hunter, Patrick Henry Aylett, John James Chew, &c. It appealed to the said Beale, |