Office of the Historian

Mr. Seward to Lord Lyons.

Department of State, Washington, April 24, 1863.

My Lord: I enclose a copy of a despatch of the 21st instant, and of its accompaniment, addressed to this department by the United States consul general at Montreal, relative to the forcible abduction from Port Huron, in the State of Michigan, by two Canadian constables, of James Wilson and one McElreivy, charged with the commission of the crime of larceny in the township of Moore, in Canada.

I will thank you to bring the case to the notice of his excellency the governor general of Canada, in order that the persons guilty of the violation referred to of the sovereignty of the United States may be properly rebuked, with a view to prevent a repetition of such acts.

I have the honor to be, my lord, your very obedient servant,

WILLIAM H. SEWARD.

Right Hon. Lord Lyons, &c., &c., &c.

Mr. Giddings to Mr. Seward.

United States Consulate General, British North American Provinces, Montreal, April 21, 1863.

Sir: I have just received from my consular agent at Sarnia the enclosed report, which I transmit for the consideration of the department.

These cases of forcible arrest and transportation for trial have been frequent on both sides of the line, and probably have tended to the promotion of justice, but may lead to violence under an excited state of feeling.

Should a further treaty between the two governments be entered into, this subject may probably claim attention, but I have not deemed it best to address the governor general on the subject unless advised to do so by the department.

With great respect, I have the honor to be your obedient servant,

JOSHUA R. GIDDINGS, United States Consul General, &c.

Hon. W. H. Seward, Secretary of State.

Mr. McMullen to Mr. Giddings.

United States Consulate, Sarnia Agency, April 17, 1863.

Dear Sir: I have to report a serious and most flagitious case of kidnapping from the city of Port Huron, Michigan, which I am satisfied you will consider [Page 575] warrants the immediate intervention of the American government. The facts are as follows :

James Wilson and one McElreivy, both American citizens, and charged, upon rather strong evidence, with a case of larceny in the township of Moore, in this county, escaping to Port Huron with the booty, and, on Monday or Tuesday last, they were arrested under warrants issued there, and imprisoned in the lockup at Port Huron. Shortly after information reached Mr. William George Harkness, chief constable of this place, who immediately crossed over and demanded them. The person in charge of the lock-up said, “he wanted to go up town,” and pointed to the keys, telling Harkness “where he would find the prisoners.” Harkness, with the assistance of two constables of Port Huron, took the keys and went to the lock-up, when telling prisoners that they were to be taken to the county jail in St. Clair, handcuffed them and brought them to the ferry dock. Prisoner Wilson, thinking some scheme was to be enacted, offered resistance, but was overpowered, when the two were forced upon the boat and brought over to this place.

They were carried before a magistrate, and committed for trial on Tuesday next.

Feeling satisfied that the charge does not come within the jurisdiction of the Ashburton treaty, I should suggest that you should make application to the attorney general of Canada for an order to withhold sentence, if found guilty, or, at least, that they should not be sent to Kingston until the question is inquired into, and forward the order to the authorities here.

It will, of course, be impossible to procure affidavits from the constables, but I can make affidavit that I saw them landed with handcuffs, in charge of the constables. The prisoners will also swear to the facts I mention, and I can procure affidavits from eye-witnesses to their being forced on to the boat at the dock, which, I think, will be sufficient to procure the discharge of the men, and punishment of the constables engaged.

Please advise me at once what I shall do in the matter. If by telegraph, it will save time; also, if I shall employ counsel to defend them. They are very poor.

I am, dear sir, your faithful servant,

R. C. McMULLEN, United States Commercial Agent.

Hon. J. R. Giddings, United States Consul General, British North America.