No. 3.
[Extract.]
Lord Lyons to Earl
Russell.—(Received January 5, 1864.)
Washington,
December 21, 1863.
With reference to my despatch of the 15th instant, I have the honor
to transmit to your lordship copies of further correspondence
relative to the American steamer Chesapeake, which was taken
possession of at sea by some of the passengers, who overpowered the
master and crew.
Your lordship will find among the correspondence a note from Mr.
Seward to me, informing me, by direction of the President, that this
government has not authorized, and does not propose to justify, any
exercise whatever of authority by its agents within the waters or on
the soil of Nova Scotia; and that, if any such authority has been
assumed, this government will at once express its profound regret,
and stands ready, in that case, to make amends which shall be
entirely satisfactory.
I have deemed it right to be content with this assurance until I
shall receive fuller information of what has occurred in Nova
Scotia, and shall be made acquainted with the views and wishes of
the administrator of the government of the province.
An account of my communications with Mr. Seward on the subject is
contained in the letter to Major General Doyle, which forms the last
enclosure in this despatch.
[Enclosure 1 in No. 3, Mr. Seward to Lord Lyons, printed
elsewhere.]
[Enclosure 2 in No.
3.]
Lord Lyons to Lieutenant Governor Gordon (and Major-General
Doyle.)
[Telegraphic.]
Washington,
December 16,
1863.
The United States government informs me, officially, that it has
authentic intelligence that Braine and Parr, two men charged
with having committed
[Page 463]
piracy and murder on board the United States steamer Chesapeake,
have taken refuge in Nova Scotia or New Brunswick; and it
requests the British authorities to do anything which can be
legally done to detain the two men, until formal affidavits can
be forwarded, with a view to their extradition for trial. The
Secretary of State suggests that, if it be alleged that the men
were belligerents, and that their acts were acts of lawful
warfare, the proper time for examining this plea will be when
the propriety of complying with an actual demand for extradition
shall be under consideration. I have answered that it is certain
that your excellency will act in exact conformity with the
requirements of municipal law, and international law, and
comity.
[Enclosure 3 in No. 3, Lord Lyons to Mr. Seward, printed
elsewhere.]
[Enclosure 4 in No. 3, Mr. Seward to Lord Lyons, printed
elsewhere.]
[Enclosure 5 in No.
3.]
Lord Lyons to Lieutenant Governor Gordon.
[Extract.]
Washington,
December 17,
1863.
I have the honor to transmit to you, herewith, a copy of a
telegram which I despatched to you yesterday, in consequence of
a note which I received in the morning from the Secretary of
State of the United States, and of a conversation which I had
with him later in the day. I despatched, simultaneously, an
identical telegram to the administrator of the government of
Nova Scotia.
[Enclosure 6 in No. 3, Mr. Seward to Lord Lyons, printed
elsewhere.]
[Enclosure 7 in No. 3, Lord Lyons to Mr. Seward, printed
elsewhere.]
[Enclosure 8 in No.
3.]
Lord Lyons to Major General Doyle.
(Extract.)
Washington,
December 21,
1863.
I transmit to you copies of a note from Mr. Seward, and the
answer from me. When I delivered this answer to him, Mr. Seward
told me he should immediately telegraph his note in extenso, and my answer, to the United
States consul at Halifax; and ne read to me a telegram, which he
said he should despatch at the same time, directing the consul
to communicate the notes to you, and then
[Page 464]
to dispose of the Chespeake and
the men taken on board, as you should direct.
On the following day I received your excellency’s telegram of the
18th instant.* I immediately went to Mr. Seward, and after
pointing out the material difference between the actual facts as
stated by you, and the reports which he had received when he
wrote his note, I said that I should consider whether it would
not be necessary that I should address to him without delay an
official written remonstrance against the proceedings of the
United States officers. Mr. Seward observed to me that he had
already declared in his note that this government had not
authorized, and would not authorize, any exercise whatever of
authority by its agents within the waters or on the soil of Nova
Scotia. And that he had added, that if any such authority should
have been assumed this government would at once express its
profound regret, and make amends which should be entirely
satisfactory. This having been done, he thought it would be
better that any farther written communications should be
postponed until we had full information of what had occurred,
or, at all events, until we knew what view your excellency would
take of the note. I answered that I would beg him to consider
whether the new facts which your excellency’s telegram disclosed
did not render it advisable that he should send further
instructions to the United States officer at Halifax.
On reflection I came to the conclusion that it would be better to
wait until I was made more fully acquainted with your
excellency’s views and wishes before I took any further steps.
And thus the matter stands at the present moment.
