Mr. Seward to Mr. Stuart.
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 instant 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 fifty-six 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 [Page 264] 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 impossible, 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., &c., &c.