Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part I

No. 12.

Major General Doyle to the Duke of Newcastle.

Government House, Halifax, Nova Scotia, January 6, 1864.

My Lord Duke: On the 24th ultimo I had the honor to transmit to your grace two despatches, dated 23d and 24th of December, respecting the Chesapeake.

The course then decided upon by my government, to place the ship in the court of vice-admiralty, has been carried out, and the advocate general having completed the necessary documents for that purpose, she has this day been put into that court.

I have further to inform your grace that I have caused all the goods landed from the Chesapeake in country districts of this province that could be found, to be seized and brought to this port, where they are now stored, and will remain subject to the decision of the court.

A formal requisition for the extradition of John C. Braine, H. A. Parr, John Parker Locke, alias Vernon G. Locke, David Collins, George Robinson, John Wade, and others, has been made through Lord Lyons by the Secretary of State at Washington, but no action has been taken upon it, as I had previously granted my preliminary warrant for that purpose upon the application of the United States vice-consul at this port.

None of the persons named in the requisition of the United States Secretary of State have been apprehended in this province, although every facility has been afforded by the government here for that purpose, even to granting military and to the civil power upon the request of his worship the mayor of this city, as will be seen by reference to the annexed copies of letters from that functionary.

The persons accused of interfering with the arrest of Wade at the time he was surrendered by the United States authorities and discharged from custody were served with legal notice to appear before the proper authorities to answer that charge, and upon their application for time to prepare their defence their case was remanded until Monday, the 11th instant, when I have no doubt they will be required to give bonds for their appearance at the first sitting of the supreme court.

The commission issued by me to investigate the alleged rescue of Braine at Petite Rivière proves that at the time referred to no legal process had been taken out against him.

I herewith enclose a copy of a despatch from Lord Lyons, dated 21st December, and received by me on the 25th, and communicating the substance of an interview between the Secretary of State at Washington and his lordship.

In conclusion, I may add that I shall await with much anxiety the opinion of her Majesty’s government upon the course which I have felt it my duty to adopt throughout this intricate matter, in which it has been my anxious endeavor to uphold the honor of the crown, and at the same time avoid any just cause of offence to the government of the United States.

I have, &c.,

HASTINGS DOYLE.

[For enclosure 1 in No. 12, Lord Lyons to Major General Doyle, December 21, 1863, see enclosure 8 in No. 3.]

[Enclosure 2 in No. 12.]

The Mayor of Halifax to Mr. Tupper.

Mayor’s Office, Halifax, Nova Scotia, December 29,1863.

Sir: I have received an intimation from the legal adviser of the United States consul that John C. Braine is expected to arrive in this city by the evening train from Truro this day at 6.30 p. m., coupled with a request that the warrant issued for his apprehension may be executed.

As there is reason to apprehend, from the occurrences of a previous day, that the police force under my control may not be sufficient for that purpose, and as in your letter to me of the 19th instant you state that in such an event his honor the administrator of the government will place at my disposal any force which may be required, I have now to request that you will obtain from his honor permission for a company of soldiers to and me in carrying out the law.

I have, &c.,

P. CARTERET HILL.

[Enclosure 3 in No. 12.]

The Mayor of Halifax to Mr. Tupper.

Mayor’s Office, Halifax, Nova Scotia, December 30, 1863.

Sir: I have the honor to request that you will convey to his honor the administrator of the government my thanks for the military and so promptly afforded me yesterday in the intended arrest of John C. Braine.

I regret to say that the effort was unsuccessful, although no precautions were omitted for securing the object in view; I directed two policemen to proceed with the warrant to the Bedford station, (about nine miles from the town,) and to return to town by the evening train from Truro. If Braine should be a passenger, they were to arrest him and hand him over to the city marshal, who was directed to be at the terminus with a strong force to receive him.

I was present myself on the arrival of the train, as was also the city mar shal, with the whole available police force, aided by a military party of suf ficient strength to overcome any attempt at interference, should such have been contemplated.

I had requested the American consul to send some person to accompany the police who could identify Braine, and an engineer and fireman of the Chesapeake were accordingly sent for that purpose.

No passenger, however, could be found in the train, after a most thorough search, bearing any resemblance to Braine.

As it was possible that, for the purpose of misleading the authorities, he might have exchanged at one of the country stations from the Truro to the Windsor train, I thought it prudent to await the arrival of the latter, but with equally unsuccessful results. I have, &c.,

P. CARTERET HILL.