Mr. Farrar to the United States Consul.

She lies behind Blue island, near Jordan, out of sight, discharging cargo into lighters, and waiting for coals.

A. F. FARRAR.
[Enclosure 3 in No. 5.]

Affidavit of Nathaniel Gunnison.

I, Nathaniel Gunnison, of the city of Halifax, in the county of Halifax, in the province of Nova Scotia, esquire, make oath and say, as follows:

That I am vice-consul to the American government in this port, and as such act in the absence of Mr. M. Jackson, consul for such government.

That, on or about the 7th day of December instant, the steamship Chesapeake, an American registered steamship, plying between the cities of Portland and New York as a freight boat, and having on board, to the best of my knowledge and belief, property belonging to British citizens, was seized by a number of persons who went on board said steamship at New York, representing themselves to be passengers, and when on board said steamship, and while the said steamship was prosecuting her voyage to Portland, and had reached the neighborhood of Cape Cod, rose up against the master and crew of the said steamship, overpowered them, took command of the said steamship, and murdered the chief engineer.

That the persons who committed these acts were in number sixteen; that one of the said number was named John C. Braine, who is now representing himself as the captain thereof, and that the said steamship, commanded by the said John C. Braine, was recently in Shelburne harbor, in the county of Shelburne, and Petit Rivière, in the county of Lunenburg, the province aforesaid, as I have been informed and verily believe such information to be true.

That the facts herein stated were communicated to me as such acting vice-consul, by telegram, and I verily believe the contents and the statements here and therein contained to be true.

That I am desirous, as such acting vice-consul, of obtaining the assistance of [Page 473] the government of this province in taking such steps as will cause the said steamship to be arrested and detained, as I am informed that the said steamship is now at Margaret’s bay, in the county of Halifax, and I verily believe such information to be true.

NATHANIEL GUNNISON, Vice-Consul.

Sworn at Halifax, this 14th day of December, A. D. 1863, before me.

J. JENNINGS, J. P.

[Enclosure 4 in No. 5.]

Mr. Tupper to Mr. Gunnison.

Sir: I have it in command from his honor the administrator of the government to inform you, in reply to your communication respecting the Chesapeake, that the question has been referred to the crown officers, and that they are of opinion that they do not see upon what grounds, as at present informed, they can legally interfere.

I have, &c.,

C. TUPPER, Provincial Secretary.
[Enclosure 5 in No. 5.]

Mr. Harley to the Receiver General.

Sir: I understood this morning that a steamer lay opposite Mr. William McKenny’s wharf, about five miles from this place. I went down and boarded her. The captain reported that she was a confederate war steamer, sailing under commission from the authorities of the Confederate States, which he produced:

Date of commission, November 1, 1862; name of vessel, Retribution; tonnage, 480; guns, 2; number of men, 30; first lieutenant, John C. Braine; second lieutenant, Henry A. Parr.

The captain, John Parker, stated that he was under the necessity of putting into harbor for a supply of fuel and other necessaries, to purchase which he wished to land certain articles, as he had no money, which I permitted him to do, placing a competent person on board, acting under my instructions, to see that nothing else was landed, to protect the revenue, and to receive his light duties.

As the case is a novel one to me I feel anxious to know whether my proceedings met with your approbation, and beg leave to ask for instructions to guide me in any future similar case which may arise.

The vessel will sail to-morrow.

JOHN HARLEY, Collector.
[Enclosure 6 in No. 5.]

Mr. Harley to the Receiver General.

Sir: The Chesapeake sailed about 9 a. m. on Wednesday.

She has landed here by permit twenty-five bales of cotton, ten half-casks (300 gallons) of port wine, and a church bell, entered as worth $100.

[Page 474]

I placed a confidential person on board of her to see that nothing was landed without my knowledge, and remained on board nearly two days myself.

She sailed at 6 p. m. on Tuesday, with the ostensible purpose of going to sea, when my officer returned and reported to me about 9 p. m.

On Wednesday morning I despatched a constable to follow her down the river, with instructions to board her and remain if she were still in port; he returned in the afternoon and stated that she had left as above.

The constable, who provided himself with a horse and wagon, has charged 7s. 6d. for his services.

The ypung gentleman who acted as my lieutenant (two days and one night) will, I doubt not, be satisfied with whatever you may think proper to award him.

The officers appeared to be solicitous to give no offence to the government, and expressed their willingness to abide by the regulations of the port.

I am, &c.,

JOHN HARLEY, Collector.

[Enclosure 7 in No. 5.]

Warrant.

Halifax, ss., Province of Nova Scotia, ———,, 1863.

I, Hastings Doyle, administering the government of the province of Nova Scotia: to all justices of the peace and other magistrates and officers of justice having power to commit for trial persons accused of crime against the laws of Nova Scotia, send greeting:

I, the said administrator of the said government of this province of Nova Scotia, acting in virtue of and in obedience to the requirements of an act of the imperial Parliament of Great Britain and Ireland made and passed in the sixth and seventh years of the reign of our sovereign lady Queen Victoria, entitled “An act for giving effect to a treaty between her Majesty and the United States of America for the apprehension of certain offenders,” do hereby signify and make known to you that by authority of the said United States, in pursuance of and according to said treaty, which in the said act of Parliament is in part recited, requisition in writing has been made to the following effect, that is to say:

“Halifax, December 16, 1863.

“I, Nathaniel Gunnison, of the city of Halifax, in the county of Halifax, esquire, vice-consul of the United States of America, acting as consul in the absence of M. M. Jackson, consul, request of the government of Nova Scotia that they will give to the government of the United States all the assistance and co-operation in their power towards the apprehension of John C. Braine and the crew under his control, who have been guilty of an act of piracy in seizing unlawfully the steamer Chesapeake, an American steamship, off Cape Cod, and in causing, while so seizing illegally, the death of Orin Schaffer, second engineer on board said steamship, by shooting him. That I request the assistance of the government of Nova Scotia by virtue of being the acting consular officer in this city and province, and upon the request of the government of the United States communicated to me by the honorable W. H. Seward, that the said John C. Braine and his crew are offenders against the laws of the United States, and that they are now seeking an asylum in the province of Nova Scotia in order to protect themselves and evade the laws of the United States and the punishment of crimes committed within the jurisdiction of the United States, and of crimes as well against the laws of the United States as against the laws of Great Britain and her colonies and dependencies, and I now request the [Page 475] assistance of the government and authorities of Nova Scotia by virtue of the provisions of the treaty commonly called the Ashburton treaty, and made between Great Britain and the United States, and I request the government and authorities of Nova Scotia to consider this as a requisition required by the said treaty from the United States government.

“NATHANIEL GUNNISON, “Vice-Consul, Acting Consul of the U. S. Government.”

And I require you and each of you within your several jurisdictions to govern yourselves accordingly, to the end that the said John C. Braine and other the persons in the said requisition, accused as aforesaid, may be arrested and dealt with according to the provisions of the said treaty.

Given under my hand and seal at Halifax, in the said province, this 17th day of December, A. D. 1863.

HASTINGS DOYLE, Administrator of the Government.
[Enclosure 8 in No. 5.]

Mr. Tupper to commanding officers of United States ship Halifax, Nova Scotia.

Sir: Three war steamers bearing the flag of the United States having arrived here, and no officer belonging to either of them having reported himself to the administrator of the government or the officer in command of the troops in this garrison, I have it in command from his honor the administrator of the government to inquire the names of the ships under your command, the object of your visit to this port, and the circumstances under which the steamship Chesapeake has been this day taken out of the harbor of Sambro, a Nova Scotian port, and brought into this harbor by men-of-war belonging to the navy of the United States.

I have, &c.,

C. TUPPER, Provincial Secretary.
[Enclosure 9 in No. 5.]

Commander Clarey, U. S. N., to Mr. Tupper.

Sir: I have the honor to acknowledge the receipt of your communication of this date, and, in reply, I beg to state that I had no intention of not complying with all proprieties required in British ports, and have taken the opportunity of personally so stating to his honor the administrator of the government in an interview held with him this evening.

As to the reason demanded in your note for entering this harbor, I beg to state I have entered the harbor for the purpose of delivering the steamboat Chesapeake into the hands of the British authorities, or to take her to the United States and deliver her to the United States government or the owners, upon the faith, if any difficulty should arise, to make restitution to the British authorities.

[Page 476]

With reference to the circumstances under which the steamship Chesapeake was taken out of the harbor of Sambro, I beg to state they are simply these: At 7 o’clock this morning a flag of distress of the United States was seen flying by the crew of the gunboat Ella and Annie, under the command of Acting Lieutenant J. F. Nickels. The Ella and Annie steamed down in order to afford relief, the lieutenant in command feeling it his duty to respond to such a signal from a vessel purporting to belong to the United States. When he reached the distressed he found it was the steamer Chesapeake in the possession and control of five of her original crew, by whom he was informed that the pirates had abandoned her, and the steamer was without coal. Under the circumstances of the case I thought it prudent to put into the port of Halifax, for the placing myself in communication with the British authorities and the United States government.

I have, in conclusion, to state the names of the United States gunboats under my control are United States steamer Dacotah and Ella and Annie.

I have, &c.,

A. G. CLAREY.
[Enclosure 10 in No. 5.]

Mr. Tupper to Commander Clarey.

Sir: I am commanded by his honor the administrator of the government to acknowledge the receipt of your letter of yesterday, explaining the object of your visit to be for the purpose of delivering the steamer Chesapeake into the hands of the British authorities, or to take her to the United States and deliver her to the United States government, or to the owners, upon the faith, if any difficulty should arise, to make restitution to the British authorities; and in reply I have it in command to inform you that his honor is prepared to take legal charge of the steamship Chesapeake, but cannot consent to her removal from this port until further investigation by properly constituted authorities.

I have, &c.,

CHARLES TUPPER, Provincial Secretary.
[Enclosure 11 in No. 5.]

Memorial of Susan Henry.

The humble memorial of Susan Henry, wife of William Henry, of Halifax, Engineer, showeth—

That her husband, the said William Henry, together with his brother Alexander Henry, were employed the day before yesterday to ship as engineers on board a steamer, and went shortly after to join her at the mouth of the harbor.

That your memorialist has since understood, and believes, that they have been unlawfully seized by the officers and crew of a steam-vessel said to be a United States man-of-war, called the Ella and Annie, and are now in confinement as prisoners on board one of the American men-of-war in this harbor.

That both William and Alexander Henry had returned to this port about a fortnight since from a previous voyage, their occupation being steamboat engineers, and they have not been absent from home since their return till they left the day before yesterday to join said boat.

[Page 477]

That they are both British subjects, and reside in Halifax.

Your memorialist prays that your excellency will take steps to procure the immediate release of the said William and Alexander Henry.

SUSAN HENRY.

His Excellency Major General Hastings Doyle, Administrator of the Government and Commander-in-Chief of Nova Scotia.

[Enclosure 12 in No. 5.]

Memorial of John E. Holt.

The memorial of John E Holt, shipmaster, humbly showeth—

That he is a British-born subject, and is owner and master of the British schooner Investigator, belonging to the port of Halifax, where your memorialist resides.

That on the 16th day of December instant, while he was in command of his said vessel in British waters, to wit, in the harbor of Sambro, within the body of the county of Halifax, his said vessel was forcibly entered by the officers of a United States vessel-of-war, the particulars of which are detailed in the annexed affidavits, to which your memorialist begs leave to refer your excellency.

Your memorialist, having sustained the injury and insult therein described at the hands of a foreign man-of-war in British waters, looks to your excellency, as the representative of her Majesty and commander of her Majesty’s forces in this province, for protection, and he prays that the outrage thus committed on him will meet with redress at the hands of your excellency.

And your memorialist, as in duty bound, will ever pray.

JOHN E. HOLT.

Halifax, December 18, 1863.

His Excellency Major General Hastings Doyle, Administrator of the Government of the Province of Nova Scotia, and Commander-in-Chief of the Forces of Her Majesty the Queen therein.

[Enclosure 13 in No. 5.]

Affidavit of John E. Holt.

Halifax, ss:

I, John E. Holt, at present of the city of Halifax, master mariner, make oath and say: That when I left the steamer Chesapeake in Sambro harbor, where she was at anchor on the 17th day of December instant, and before she was boarded by the United States ship-of-war Ella and Annie, William Henry and Alexander Henry, both of the city of Halifax, engineers, were on board of the steamer Chesapeake, and I feel quite certain neither of them left her before she was captured, nor within two hours afterwards, as no boat could have left either the Chesapeake or the Ella and Annie within that time and reached the shore without my knowing of it, and seeing the persons in it.

JOHN E. HOLT.

Sworn to before me, at Halifax, this 18th day of December, 1863.

ARCH’D SCOTT, Justice of the Peace.

[Page 478]
[Enclosure 14 in No. 5.]

Affidavit of John E. Holt.

Halifax, ss:

I, John E. Holt, at present of the city of Halifax, master mariner, make oath and say: That I am master and owner of the British schooner Investigator, registered at the port of Halifax, Nova Scotia.

That on the morning of the 17th day of December instant the said schooner was in the small harbor of Sambro, near Halifax, Nova Scotia, and a large steamer called the Chesapeake was at anchor in the said harbor about 200 yards from the shore, with six or seven men on board of her. That at about 7 o’clock a. m. I saw a federal man-of-war coming into the harbor, and when she came near I got under way, and, proceeding further up the harbor, came to an anchor about 400 yards from the Chesapeake, and about 200 yards from the shore. That the Chesapeake had no flag flying until the federal man-of-war was about 100 yards off, when a federal flag was hoisted at the peak upside down, but in two or three minutes, and before she was boarded, it was reversed and again hoisted. That the man-of-war (the name of which I have ascertained to be the Ella and Annie,) having the federal flag flying ran alongside of the Chesapeake, and made fast to her. About an hour after, a boat with an armed crew started from the Ella and Annie and came alongside of my schooner. I was below when they reached the vessel, but came on deck on hearing the noise they made coming on board. When I reached the deck, I found six or seven armed men there at work opening the hatches of my vessel. I then asked one of them, who appeared to be an officer, to show me his authority. He struck the pistol which was in his belt, and said that was his authority. I said I did not think he could overhaul my vessel in a British port; and then three of his men, cocking their pistols, pointed them at me and told me to hold my tongue. The officer then said he had a great mind to take me prisoner and take me to the States, as I would make a d—d good evidence. He then asked me if any of the Chesapeake’s men were below. I said, “No,” as I thought they had all gone on shore. They then opened the hatches and searched the vessel from one end to the other, and took away as prisoner one of the men of the Chesapeake who was asleep in the cabin in one of the berths, and a large quantity of trunks and baggage and other articles which had been put on board of my vessel by some of the men of the Chesapeake, and left the vessel. That the search was conducted throughout in a very rough and tyrannical manner, and a guard kept on deck all the time with cocked pistols. That at about half-past 11 o’clock a. m. I sailed from Sambro harbor in the said schooner, leaving the two steamers there. That I did not at the time know the name of the man that was taken from my vessel, but I have since been informed that his name is John Wade; and I further say that I am a British subject, born in Nova Scotia, and have never taken the oath of allegiance to any foreign state.

JOHN E. HOLT.

Sworn to before me at Halifax, this 18th day of December, A. D. 1863,

P. C. HILL, Mayor, and Justice of the Peace.

[Enclosure 15 in No. 5.]

Affidavit of Daniel Murphy.

Halifax, ss:

I, Daniel Murphy, of Dover, in the county of Halifax, mariner, make oath and say: That I was one of the crew of the schooner Investigator, John [Page 479] E. Holt, master, and was on board of her when she was in Sambro harbor on the 17th day of December instant; that I have heard the affidavit of the said John E. Holt, which is hereto annexed, read over to me, and I say that the statements made therein are true in every particular.

his

DANIEL + MURPHY.

mark

Sworn to before me at Halifax, this 18th day of December, 1863, having been first read over and explained,

P. C. HILL, Mayor, and Justice of the Peace.
[Enclosure 16 in No. 5.]

Mr. Tupper to Commander Clarey, U. S. N.

Sir: I have it in command from his honor, the administrator of the government, to inform you that information having been received that prisoners have been made of individuals in the harbor of Sambro, a Nova Scotian port, by men-of-war under your command, his honor cannot permit any vessel in the service of the United States government to leave this port until due investigation has been made into these allegations of the violation of international law.

I have, &c.,

CHARLES TUPPER, Provincial Secretary.
[Enclosure 17 in No. 5.]

Commander Clarey, U. S. N., to Mr. Tupper.

Sir: I beg to acknowledge the receipt of your communication of this day, and in reply have to state that I shall immediately hand over the steamer Chesapeake to the authorities directed by his honor, the administrator of the government, to receive her so soon as I have signified to me the authorities appointed to receive her, and the time and place, together with one of the pirates named George Wade, who was concerned in the illegal seizure (and who was taken out of a schooner which was attempting to coal the Chesapeake, and was found wrapped up in a buffalo robe) of the steamer from the citizens of the United States on the 7th instant, and who has been identified as a pirate by the witnesses who arrived here in the United States gunboat Acacia, from the United States, this morning; also two men found on board the steamer Chesapeake when she was delivered to the officer in command of the United States steamer Ella and Annie, and who were identified by the party who delivered the steamer to the said officer as being in the employ of the pirates.

I have, &c.,

A. G. CLAREY.
[Enclosure 18 in No. 5.]

Commander Clarey, U. S. N., to the provincial secretary.

Sir: Upon closing my reply to your first communication of to-day by command of his honor the administrator of the government, I therein proposed the [Page 480] immediately delivering up the steamboat Chesapeake, and also the rendition to the proper authorities of certain persons who had been taken under circumstances mentioned.

Your second communication by command of his honor the administrator of the government I beg to acknowledge, in which you state “that information having been given that prisoners have been made of individuals in the harbor of Sambro, a Nova Scotian port, by men-of-war under your command, his honor cannot permit any vessel in the service of the United States government to leave this port until due investigation has been made into the allegation of this violation of international law.”

I beg to refer you to my first communication of to-day.

I shall be glad to learn, after the explanation given and the offered rendition of persons termed prisoners in your note, whether it is consistent with the friendly relations existing between the British and the United States governments that the ships-of-war of the United States having come into a port of a neutral power for a purpose previously explained, and now offering to render up to the proper authorities persons termed prisoners, should be detained, if the officers thereof should wish to depart to report themselves to their own government

I have, &c.,

A. G. CLAREY.
[Enclosure 19 in No. 5.]

Mr. Tupper to Commander Clarey, U. S. N.

Sir: In reply to your letters of to-day, I have it in command from his honor the administrator of the government to inform you that J. J. Sawyer, esquire, high sheriff of the county of Halifax, has been commissioned to receive at the Queen’s wharf, at 1 o’clock p. m. to-morrow, George Wade and the two other men referred to in your first letter of to-day, with any other persons, if such there be now in your custody, who may have been taken within British jurisdiction, when the individuals so surrendered will be amenable to the action of any person desirous to proceed legally against them. I have it also in command to inform you that Captain O’Bryan. of the revenue schooner Daring, has been duly authorized to receive possession of the steamboat Chesapeake at the place where she is now at anchor at 2 o’clock p. m. to-morrow, to be adjudicated upon by proper authority. I am at the same time commanded to inform you that his honor Major General Doyle, the administrator of the government, is most anxious to preserve to the utmost of his power the friendly relations existing between the United States and Great Britain, but he cannot but feel that a grave infraction of international law has been committed by the men-of-war now in this harbor bearing the flag of the United States. Irrespective altogether of the taking of the Chesapeake in the harbor of Sambro, a forcible entry has been made on board a British schooner belonging to this port, and a man therein made prisoner and retained in your custody, together with two other men, citizens of this place, who were found on board the Chesapeake, and this without any report of such grave transactions having been made either in your personal interview with, or your first official report in writing to, his honor, professing to explain the object and circumstances of your visit to this port, nor until after a notification had been forwarded to you by his honor’s command that information to that effect had been given to this government.

It is unnecessary to state that the second note addressed to you to-day was [Page 481] written and forwarded before the receipt of any intimation from you that you had in your custody or intended to surrender any prisoners.

I have, &c.,

CHARLES TUPPER, Provincial Secretary.
[Enclosure 20 in No. 5.]

Commander Clarey, U. S. N. to Mr. Tupper.

Sir: I beg leave to acknowledge the receipt of your communication of the 18th instant, and hasten to answer so much of it as relates to the “forcible entry on board a British schooner in a British port, and a man therein made prisoner,” &c., by informing his honor the administrator of the government that my first communication alluded to in your note was written and enclosed before yours was received. Also, that at the time of my personal interview with his honor the administrator the facts connected with the schooner were unknown to me also to the vice-consul for the United States.

I beg to enclose you a copy of the correspondence between Lord Lyons and the Secretary of State at Washington, William H. Seward, and of which I presume his honor the administrator of the governnment is fully apprized, and by me received this day, which perhaps may alter the determination of his honor the administrator of the government respecting the steamer Chesapeake. I have, &c.,

A. G. CLAREY.

[For enclosure 21 in No. 5, Mr. Seward to Lord Lyons, December 18, 1863, see enclosure 6 in No. 3.]

[Enclosure 22 in No. 5, Lord Lyons to Mr. Seward, December 18, 1863, published elsewhere.]

[Enclosure 23 in No. 5.]

Mr. Tupper to Commander Clarey, United States navy.

Sir: I am charged by Major General Doyle, the administrator of the government, to acknowledge the receipt of your letter of to-day, together with a copy of correspondence between Lord Lyons and William H. Seward, Secretary of State of the United States, and I am directed by his honor, the administrator, to say in reply that he is glad to be informed that your first communication of yesterday was written and enclosed before the receipt by you of my second letter of yesterday; and I am further commanded to inform you that his honor does not see any cause to alter his determination communicated to you last evening, respecting the disposal of the Chesapeake, and the prisoners now in your keeping.

I have, &c.,

CHARLES TUPPER, Provincial Secretary.
[Page 482]
[Enclosure 24 in No. 5.]

Requisition.

I, Nathaniel Gunnison, of the city of Halifax, and county of Halifax, esquire, vice-consul of the United States, acting as consul in the absence of M. M. Jackson, consul, request of the government of Nova Scotia that they will give to the government of the United States all the assistance and co-operation in their power towards the apprehension of Henry C. Braine, sometimes called John C. Braine, George Brooks, Henry A. Parr, George Sears, George Moore, Robert Cox, Gilbert Cox, James Kenny, George Wade, Robert Moore, and William Harris, of the United States of America, who have been guilty of an act of piracy in seizing unlawfully the steamer Chesapeake, an American steamship, off Cape Cod, and causing, while so seizing illegally, the death of Owen Shaffer, second engineer on board the said steamship, by shooting him; that I request the assistance of the government of Nova Scotia, by virtue of being the acting consular officer in this city and province, and upon the request of the government of the United States, communicated to me by the Honorable William H. Seward, that the said Henry C. Braine, sometimes called John C. Braine, George Brooks, Henry A. Parr, George Sears, George Moore, Robert Cox, Gilbert Cox, James Kenny, George Wade, Robert Moore, and William Harris, are offenders against the laws of the United States, and that they are now seeking an asylum in the province of Nova Scotia, in order to protect themselves and evade the laws of the United States and the punishment of crimes committed within the jurisdiction of the United States, and of crimes as well against the laws of the United States as against the laws of Great Britain and Ireland, and her colonies and dependencies, and I now request the assistance of the government and authorities of Nova Scotia by virtue of the provisions of the treaty commonly called the Ashburton treaty, and made between Great Britain and Ireland and the United States.

I have, &c.,

NATHANIEL GUNNISON, Vice-Consul.

[Enclosure 25 in No. 5.]

Warrant.

Halifax, ss:

I, Hastings Doyle, administering the government of the province of Nova Scotia, to all justices of the peace, and other magistrates and officers of justice having power to commit for trial persons accused of crime against the laws of Nova Scotia, send greeting:

I, the said administrator of the said government of this province of Nova Scotia, acting in virtue of and in obedience to the requirements of an act of the imperial Parliament of Great Britain and Ireland, made and passed in the sixth and seventh years of the reign of our sovereign lady Queen Victoria, entitled an act for giving effect to a treaty between her Majesty and the United States of America for the apprehension of certain offenders, do hereby signify and make known to you that, by authority of the said United States, in pursuance of and according to the said treaty, which in the said act of Parliament is in part recited, requisition in writing has been made to the effect following, that is to say:

[See enclosure 24 in No. 5.]

[Page 483]

And I require you, and each of you, within your several jurisdictions, to govern yourselves accordingly, to the end that the said Henry C. Braine, sometimes called John C. Braine, George Brooks, Henry A. Parr, George Sears, George Moore, Eobert Cox, Gilbert Cox, James Kinney, George Wade, Robert Moore, and William Harris, persons in the said requisition accused as aforesaid, may be arrested and dealt with according to the provisions of the said treaty.

Given under my hand and seal, at Halifax, in the said province, the 19th day of December, A. D. 1863.

HASTINGS DOYLE, Administrator of the Government.
[Enclosure 26 in No. 5.]

Mr. Gunnison to Mr. Tupper.

Sir: May I call the attention of his honor, the administrator of the government, to the fact that the persons mentioned in the official communication which passed between the officer in command of the United States navy in this harbor, through his honor the provincial secretary of Nova Scotia, were this day delivered to the proper authorities at half-past 1 o’clock.

A warrant was previously taken out, and at this time in the hands of a police officer for the purpose of apprehending George Wade, an offender against the laws of the United States, and one of the persons so delivered, and concerned in the piracy and murder on board the Chesapeake, and that the citizens of Halifax interfered with the officer attempting to execute the warrant and held him back from seizing George Wade, a pirate, and that Dr. Almon in particular, a prominent citizen of Halifax, prevented the officer from discharging his duty by holding him back.

I submit whether such conduct is in accordance with the friendly relations subsisting between the two powers and the treaty made by them for the extradition of criminals. May I request that, as the pirate George Wade has been prevented from being arrested by British subjects, his honor the administrator of the government will take steps for his apprehension, as he is now being rowed down the harbor in a boat by two fishermen.

NATHANIEL GUNNISON, Vice-Consul.
[Enclosure 27 in No. 5.]

Mr. Tupper to the Mayor of Halifax.

Sir: I have it in command from his honor the administrator of the government to inform you that N. Gunnison, esq., vice-consul of the United States, has this moment advised his honor that the police officers of this city have been prevented by the citizens from executing a warrant against George Wade, charged with piracy and murder, and I am further commanded to desire you to use your best exertions for the service of said warrant, and to state that if the police force under your command is not sufficient therefor, his honor will place any force at your disposal which you may require in order that the law may not be obstructed in its execution.

[Page 484]

A copy of Mr. Gunnison’s application for assistance in the apprehension of George Wade is herewith enclosed. I have, &c.,

C. TUPPER, Provincial Secretary.
[Enclosure 28 in No. 5.]

The Mayor of Halifax to the Provincial Secretary.

Sir: I have the honor to acknowledge the receipt of your letter of this day’s date. In reply, I beg to state that I deeply regret that any such occurrence should have taken place, but I am assured that the city marshal used every effort in his power to execute the process intrusted to him at the time referred to, and although unsuccessful on that occasion, I beg to assure you that every effort will continue to be made to apprehend the parties named in the process, notwithstanding that I have received a communication from the vice-consul of the United States informing me that he does not wish the services of the police in the matter any further.

I have, &c.,

P. CARTERET HILL.
[Enclosure 29 in No. 5.]

Mr. Gunnison to the Mayor of Halifax.

Sir: As it is evident, from what has just transpired on the Queen’s wharf, that the pirates of the Chesapeake cannot be arrested in this city, I therefore feel it incumbent on me to notify you that the United States government at present will not require the further services of the police of this city.

I have, &c.,

NATHANIEL GUNNISON, Vice-Consul.
[Enclosure 30 in No. 5.]

The Mayor of Halifax to Mr. Hickman.

Sir: I have the honor to enclose herewith a copy of the city marshal’s report, to which I referred in my last letter of yesterday’s date, for the information of his honor the administrator of the government.

I have, &c.,

P. CARTERET HILL.
[Enclosure 31 in No. 5.]

Mr. Hutt to the City Marshal.

Sir: By your direction, and with a warrant under the hand and seal of the mayor, I proceeded to the Queen’s wharf on the 19th day of the month, at one [Page 485] o’clock, for the purpose of arresting George Wade, charged with murder and piracy. I was made aware that the said George Wade was then a prisoner on board of one of the United States gunboats now in the harbor, and would be brought on shore at that hour, and handed over to the sheriff.

I met the sheriff on the wharf, and told him that I had a warrant for Wade; he told me to give the prisoner two or three minutes after he released him before I arrested him. Met Dr. Almon on the wharf. Asked me my business; I told him, and showed him the warrant with the mayor’s signature to it; he said it was a shame. I was standing at the head of the slip; then the United States man-of-war boat came to the shore with prisoners. I was then joined by policemen Hood and Burke and yourself. The slip is an inclined place running down to the water, about fourteen or sixteen feet from the capsil of the wharf. The prisoner, Wade, was landed at the water’s edge on the slip, and I went towards him; he was in irons, and on his landing on the slip his irons were taken off. I did not hear the sheriff say he was free, but heard some person say, “He is in the boat.” I ran down the slip to the water’s edge, and called upon the persons in the boat to bring the boat back, and presented a revolver, when they backed the boat. As the boat was backing to the slip I was seized round the arms by Dr. Almon, who told the men in the boat to go on; I was also handled by Alexander Keith, jr., who tried to get the pistol out of my hand, and also by Dr. Smith. Had it not been for the interference of Dr. Almon, Alexander Keith, jr., Dr. Smith, and others, I have no doubt but I could have secured the man Wade. With regard to the slip when the prisoner was landed, I would state that it runs down from the wharf some forty or fifty feet, and is more than twelve feet wide, and a crowd of persons were on it at the time. I wish further to inform you that when I presented my pistol at the boat which was carrying away Wade, I had the warrant for his arrest in my left hand, the pistol in my right, at the time I was seized by Dr. Almon.

I am, &c.,

LEWIS HUTT.
[Enclosure 32 in No. 5.]

The City Marshal to the Mayor of Halifax.

Sir: In obedience to the request of your worship, contained in your communication of the 19th instant, I have the honor to furnish a report of the circumstances connected with the attempted execution of the warrant against George Wade on Saturday last.

Having understood from the attorney of the American consul that George Wade was to be landed on the day in question at the Queen’s wharf, I detached what I judged to be a sufficient police force to arrest and secure him when he was landed.

Between one and two o’clock a boat bearing the American flag, with the prisoner on board, who had irons on, landed at a confined and inclined slip, which is at the wharf where the sheriff of the county of Halifax and the consul of the United States of America were waiting to secure the prisoner.

The prisoners were then unshackled, and, as I have since understood, the sheriff said to them they were at liberty. When the prisoners were landed and unshackled, policemen Hutt, Hood, and Burke were on the slip and close to where Wade was standing.

As I had something to communicate to the American consul, I left the slip and went to the consul and his attorney, who were on the wharf, a short distance [Page 486] from the slip. On turning round I perceived one of the prisoners in a fishing-boat, and I inquired of the consul who the person in the boat was; he informed me it was Wade. I at once rushed down to the slip, but my progress was impeded by the number of boatmen who were standing on the slip and near the bottom of it, and so blocked it up that before I could get near, the boat had gone out of reach, and made it impossible for me to arrest Wade. At this time I saw policeman Hutt, with a pistol in his hand, who commanded the return of the boat, but he was disregarded. Finding that it was impossible for me to reach the boat by the slip, I ran on the wharf, thinking I could board the boat containing the prisoner from a commissariat boat, which was moored at the wharf without any one in her. I called upon the men in the boat which had Wade on board to return, but a number of voices from the wharf urged them to go on, which they did. Before the boat had got out of the dock, I requested the officer in charge of the United States boat which brought the prisoner on shore to come to my assistance, but this was neglected. On the fishing-boat getting beyond my reach, the crowd on the wharf cheered them. I have understood that the boat which conveyed Wade was in charge of Gallagher and Holland.

I beg to assure your worship that every possible effort was made in my power, and, as I believe, by the policemen present, to arrest Wade; but that, from the circumscribed space where he was landed, and the crowded state of the space, it was beyond the power of either myself or my men to do more than was done.

I have required the policemen to furnish a detailed report of the circumstances within their knowledge, which I have the honor to submit herewith.

I have, &c.,

GARRET COTTER.