Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-eighth Congress, Part I
Lord Lyons to Mr. Seward.
Sir: With reference to your note of the 25th ultimo, and to my notes of the 25th ultimo and 9th instant, I have the honor to transmit to you copies of a despatch and its enclosures, which I have received from the governor general of Canada, relative to the abduction by two Canadian constables of James Wilson and John McElrevy, from Port Huron, in the State of Michigan.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, Secretary of State.
Lord Monck to Lord Lyons.
My Lord: Referring to your excellency’s despatch of April 25, enclosing a communication from the Secretary of State of the United States, respecting the arrest on the territory of the United States of two men named Wilson and McElrevy by Canadian constables, I have the honor to inform your excellency that I have caused inquiry to be made into the facts of the case.
It appears clear that the two men referred to were removed by force from the State of Michigan to Canada by Canadian constables acting on their own responsibility, and that undoubtedly an infraction of the rights of the United States government was committed by them.
It appears from the statement of Mr. Vice-Consul John Mullen, forwarded to me by your excellency, that these men, when taken by the Canadian constables, were in prison at Port Huron, and were removed from thence to Canadian soil with the assent, if not with the assistance, of the constables and jailor at Port Huron.
The prisoners, Wilson and McElrevy, were since tried at the assizes of the county of Lambton, and having been convicted of the crime with which they were charged, (that of larceny,) were sentenced, the former to three years’ confinement and the latter to two years’ confinement in the provincial penitentiary, where they are now imprisoned.
Inasmuch, however, as they were made amenable by an act clearly illegal on the part of the Canadian constables, I am prepared to restore them, at the expense of the Canadian government, to the custody from which they were removed at Port Huron; and I will give directions to this effect immediately that I hear from your excellency that instructions have been sent to Port Huron to receive them.
I herewith enclose copies of correspondence which was passed between the county crown attorney of the county of Lambton and the prosecuting attorney of the county, in the State of Michigan, in which Port Hudson is situated, from which, in conjunction with the original statement of the case by the United States consular agent at Sarnia, forwarded to me by your excellency, it appears that the constable who committed the act justly complained of had the sympathy, if not the active co-operation, of the officers charged with the administration of justice at Port Huron.
I have further to remark, that the constables in Canada are not appointed by the provincial government, but by the magistrates in quarter sessions; and I have directed a letter to be addressed to the chairman of the quarter sessions of [Page 623] the county of Lambton, calling his attention to the infraction of the territorial rights of a friendly power which has been committed, desiring him to rebuke the constables who have been guilty of the offence, and to give explicit instructions that under no circumstances have Canadian constables a right to cross the frontier of the United States for the purpose of executing any legal process intrusted to them.
I shall feel much obliged if your excellency will have the goodness to convey to Mr. Seward the substance of this despatch.
I have, &c,
Lord Lyons.
Mr. Davis to Mr. Atkinson.
Dear Sir: I have just received a communication from our government, directing me to report the facts connected with the arrest of two persons, Wilson and McElrevy, (claiming to be American citizens,) who were recently brought over from Port Huron to Sarnia, and committed to jail on a charge of larceny from the store of Messrs. Baby & Co., township of Moore, in this county. It is stated, and so represented to our government, that these men were taken out of the lock-up at Port Huron, and forced to go on the ferry-boat, and from thence brought in irons to Sarnia, when they were fully committed for trial upon the charge referred to. As prosecuting attorney for the district within which these alleged illegal proceedings were had, I have taken the liberty of asking you to be so kind as to inform me of the actual facts of the case, (which, doubtless, you can soon get at the bottom of,) in order that I may report to our government, With a view to enable his excellency to give a satisfactory explanation to the American authorities, who have required information upon the subject.
I am, &c,
B. J. Atkinson, Esq., District Attorney, Port Huron.
Mr. Atkinson to Mr. Davis.
Dear Sir: Your favor of the 8th instant was handed to me yesterday. I was not personally acquainted at the time with the facts in reference to McElrevy and Wilson, but have made careful inquiry, and find that they were found on this side with a quantity of stolen goods, taken from the store of Messrs. Baby, at Mooretown. Our law is severe upon parties who may have stolen goods and brought them here under such circumstances, and we were preparing to give them an examination on a charge of grand larceny. The officer who had them in charge (Mr. McLeod) informed me that they got out of jail here, and designing to escape, went over to Canada, and were there found and arrested and tried for burglary. They had counsel employed here, and seemed to act advisedly in the matter, and, from all I can learn, preferred to stand their chances in Canada rather than be tried here. I cannot learn that any force was [Page 624] used to procure their removal; they may have been led to believe that their punishment would be less in Canada than here, as their guilt was an admitted fact.
I had hope the representatives of this government would let those men suffer a just punishment for their acts, and save us the expense and annoyance of prosecuting them here; and if the matter could be fairly presented to Mr. Griddings, he would, undoubtedly, see that we have no claim to have them returned, as they left here to escape punishment. I will be happy to give you any further information in the matter which may be within my reach.
Yours, &c,
Mr. J. F. Davis, Crown Attorney, Lambton County, C. W.
[Untitled]
County of Lambton, to wit:
Queen vs. John McElrevy and James Wilson.—Burglary.
Heard April 11, 1863.
James F. Baby sworn :
On the night of the 7th instant the store of F. & W. L. Baby was broken into. A quantity of goods were taken out of it, amongst which goods there were ready-made clothing, fur caps, cloth caps, silk neck-ties, and muslins. I swear that the prisoners have on now coats, waistcoats, neck-ties, and caps, that were part of the goods so stolen. They also had, when taken into custody, a carpetbag containing more of the stolen goods, all of which goods I swear belongs to F. & W. L. Baby, and are part of the goods so stolen.
JAMES F. BABY.
Adjourned for the prisoners to get witnesses and counsel, to April 14, 1863.
April 14, 1863.
James F. Baby sworn :
The prisoners were arrested in the State of Michigan. A man named McLeod arrested them. They were brought over without any authority from the American government, so far as I know.
JAMES F. BABY.
Charles Reilly sworn:
I recognize the two prisoners. The last time I saw them was a week ago, the 7th; they came on the 6th and staid all night and the next day. James Conkey paid for John McElrevy. Wilson said he had no money, but that McElrevy would pay for him.
CHARLES REILLY.
James Conkey sworn:
I am acquainted with John McElrevy. They were at my place on Monday and Tuesday, the 6th and 7th instant. McElrevy asked me for some money, saying that he had none. That was on the Monday. I gave him an American dollar bill. On Tuesday he asked me for some more; I gave him a quarter, and gave also another to pay for Wilson’s bed. McElrevy agreed to work for me. I have known McElrevy for ten years. I heard McElrevy say that he would like to go to Lexington or Saginaw. They wanted to work and get some clothes [Page 625] before they left. I heard them ask a young man named McThienon whether that big building was a shoe shop or a store. They asked whether there was any ready-made clothing in it. McElrevy wore the coat produced.
JAMES CONKEY.
Robert Dale sworn :
I was clerk in the store. I swear that the goods produced are part of the goods stolen from Baby’s store.