Mr. Seward to Mr. Burnley. DEPARTMENT of State, Washington, February 11, 1865. SIR: I have the honor to inform you that it is considered desirable that the labors of the fishery commission, organized under the 1st article of the treaty of the 5th of June, 1854, be brought to a close at as early a season as may be convenient. 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, February 11, 1865. SIR: I have the honor to acknowledge the receipt of your note of the 2d instant, together with the accompanying copy of a despatch from the governor general of Canada, and beg that you will convey to him my thanks for the information contained therein. 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. Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, February 14, 1865. SIR Information, which is fully credited, has been received at this department that the steamer Ajax, which recently sailed from Kingston, Ireland, has gone out for the purpose of being used as a war vessel; that, although she was not armed, she had one hundred hammocks ready to be put up; that her armament has gone or will go in some sailing vessel to meet her at some concerted point, to be there transferred to her. In order the more effectually to screen her piratical designs, it is understood that she will visit Nassau before taking on board her armament. In view of these circumstances, I beg leave to suggest to you the expediency of your putting her Majesty's authorities at Halifax, Bermuda, and Nassau on their guard to prevent the armament within their jurisdiction of this vessel for purposes hostile to the United States. I have the honor to be, with the highest consideration, sir, your obedient serWILLIAM H. SEWARD. vant, J. HUME BURNLEY, Esq., &c., &c., &c. Mr. Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, February 14, 1865. SIR: I have the honor to acknowledge the receipt of your note of the 7th in stant, and of the accompanying copy of a despatch from the governor general of Canada, who states therein, with reference to the contemplated raid by the insurgents in Canada upon the towns of Burlington, in Vermont, and Whitehall, New York, that the government of Canada will use every exertion to defeat its successful issue; and I will thank you to convey to the governor general an expression of my high appreciation of his disposition to prevent the execution of the raid. I have the honor to be, with the highest consideration, sir, your obedient SIR: I have the honor to acknowledge the receipt of your note of the 31st ultimo, and of the accompanying papers, from the governor general of Canada, in relation to the two vessels building at Montreal for the service of the insurgents, and I beg you will convey to him my thanks for his prompt attention to the matter. I have the honor to be, with the highest consideration, sir, servant, J. HUME BURNLEY, Esq., &c., &c., &c. WILLIAM H. SEWARD. Mr. Seward to Mr. Burnley. DEPARTMENT OF STATE, Washington, February 14, 1865. SIR: I have the honor to acknowledge the receipt of your note of the 6th instant, and of the accompanying copy of a despatch from the lieutenant governor of Nova Scotia, in regard to co-operation with the officials of this government in preventing the successful issue of the insurgent scheme in that province to destroy United States ships, and I will thank you to convey to the lieutenant governor an expression of my high appreciation of his friendly disposition toward the United States. I have the honor to be, with high consideration, sir, your obedient servant, WILLIAM H. SEWARD. J. HUME BURNLEY, Esq., &c., &c., &c. No. 53.] [Communicated by British legation.] Earl Russell to Mr. Burnley. FOREIGN OFFICE, February 15, 1865. SIR: Mr. Adams came yesterday, by appointment, to the Foreign Office. I told Mr. Adams that the cabinet had taken into consideration the complaints which he had made from time to time, by order of his government, of the confederate hostilities in the lakes of Canada, of the raid at St. Albans, and of the vessels built or fitted out in British ports which were afterwards found converted into ships-of-war, cruising against the commerce of the United States. That the orders sent to the governor of Canada by her Majesty's government, and the proceedings not only of the governor general, but of the legislature in Canada, would, I trusted, convince the United States government that everything had been done, or would be done, to prevent the carrying on of hostilities against the United States from Canadian territory or on Canadian waters. With respect to the ships built, bought, or fitted out in the ports of the United Kingdom, the question was more difficult. We had tried prosecution, and had to a great extent prevented the equipment of warlike vessels in her Majesty's ports and rivers, to be afterwards used as confederate vessels-of-war; but this success only rendered the confederate agents more cautious in carrying out their designs. Supposing a merchant ship to be bought and sent out ostensibly to Bombay, another vessel laden with cannon and warlike equipments, with a large ship's company, should be nominally bound to Mexico, and that these two vessels should meet, say at the Cape Verde islands, and one of these vessels to be there converted into a confederate cruiser, with a confederate captain and a confederate crew: how was such a transaction to be prevented? Would not the plans of the confederate agents and of their friends in the country be kept so secret that no law existing, or to be made, could reach them? I said that, struck by the difficulties, her Majesty's government had determined to address the confederate commissioners at Paris; and I then proceeded to read to Mr. Adams the letter of which I enclose a copy. But I said there was always great difficulty in communicating with the confederate authorities at Richmond, and it had occurred to the cabinet that, as the government at Washington must have opportunities of communicating with the confederates on questions which always arise in the course of protracted hostilities, I might fairly ask Mr. Seward, through the organ of Mr. Adams, to convey my letter safely to the confederate authorities. Mr. Adams raised the difficulties that the confederates might doubt the authenticity of the letter; but, as I told him that the original had been sent the day before to Lord Cowley, to be delivered to Mr. Mason, Mr. Adams acknowledged that difficulty to be removed. I said that either the confederates would accept our conditions, or they would refuse compliance, and in the last case it would be for her Majesty's government to consider what was next to be done. Mr. Adams said that in either case he thought advantage would accrue to the United States; but he feared that the facility with which the confederates had obtained ships for hostile purposes in a neutral country would furnish very dangerous precedents to belligerents in any future war. I am, with great respect, sir, your most obedient, humble servant, J. HUME BURNLEY, &c., &c., &c. RUSSELL. Mr. Burnley to Mr. Seward. WASHINGTON, February 15, 1865. SIR: With reference to your note of the 25th ultimo, relative to the extradition of Braine and others, charged with the commission of piracy and murder on the American steamer Chesapeake, I beg leave to enclose copy of a despatch and enclosures which I have received on this subject from the lieutenant governor of New Brunswick, to whom the requisition for the extradition of the offenders was addressed, stating that no efforts will be spared on his excellency's part to secure their immediate arrest. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., sx., &c. J. HUME BURNLEY. Mr. Gordon to Mr. Burnley. FREDERICTON, N. B., February 7, 1865. SIR: I have had the honor to receive your despatch of the 27th ultimo. I request that you will have the goodness to thank Mr. Seward, in my behalf, for the communication of the information which has reached him as to the presence in this province of 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 Čox, 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. |