Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part II
Lord Lyons to Mr. Seward.
My Dear Sir: I send you herewith the papers relative to the affair of the Chesapeake, which I showed you this morning. I have added a qopy of a letter from the mayor of Halifax to the provincial secretary.
The papers enclosed comprise, therefore, an extract from a despatch from General Doyle, administrator of the government of Nova Scotia, to me, dated 6th instant, a copy of a telegram from General Doyle to me, dated 14th instant, and a copy of a letter from the mayor of Halifax to the provincial secretary, dated 30th December last.
Believe me to be, my dear sir, your very faithful humble servant,
Hon. William H. Seward, &c., &c., &c.
[Untitled]
“My Lord: I have the honor to acknowledge the receipt of your lordship’s despatch of December 22, communicating the application of the honorable W. H. Seward, Secretary of State at Washington, for the extradition, under the treaty, of John 0. Braine, H. 0. Parr, John Parker Locke, alias Vernon G. Locke, David Collins, George Robinson, John Wade, and others, but upon which no action has been taken, as I had previously granted my preliminary warrant for the apprehension of the same persons upon the requisition of the vice-consul of the United States at this port.
“I beg also to enclose herewith a corrected copy of my despatch of the 23d ultimo to his grace the Duke of Newcastle, to be substituted for the copy previously forwarded to your lordship, as some slight alterations were made in that document before it was forwarded to England. I also transmit, for your information, my second despatch of the 24th of December, forwarded to his grace by the same post.
“As your lordship has been already addressed by telegraph, my government having decided to put the Chesapeake into the court of vice-admiralty, precluded the adoption of any suggestion to dispose of her by the direct action of the government.
“Surrounded as this matter is with complicated legal questions, the course thus taken to secure the decision upon them of a judicial tribunal will, I doubt not, meet with your approval.
“Although no apprehension on the part of my government existed as to the safety of the Chesapeake from any attempt to interfere with her, I felt it my duty to take every precaution to put that beyond doubt by placing an armed party on board, and mooring her securely in Halifax dock-yard.
“The advocate general has been engaged in completing the necessary papers, and she was this day handed over to the count of vice-admiralty.
“I have further to inform your lordship that having learned that goods had been landed from the Chesapeake in the country districts of this province, I despatched duly commissioned revenue officers in search of them, and they have seized all that could be found and sent them to this port, where they are now warehoused, and will abide the decision of the court.
“As your lordship has been already advised, I issued a commission to investigate the charge contained in a telegram to the vice-consul here, to the effect that Braine had been arrested at Petite Riviere, but rescued by the people. The report of this commission proves that statement was inaccurate, as Braine had not been served with any legal process on the occasion referred to.
[Page 489]“Up to the present time none of the parties against whom warrants were issued have been apprehended in this province, although every facility has been rendered by my government for that purpose.
“In accordance with my previous letter to his worship the mayor of this city, offering any assistance the civil power might require, that officer made application to me to aid him with a military force a few days since, when Braine was expected here by the railway train. This was promptly granted, and every means taken to secure him, but in vain, as he was not found.—(Vide accompanying copies of letters from the mayor.)
“The parties accused of having prevented the arrest of Wade were summoned to appear before the proper authorities with a view to requiring bonds for their appearance to answer the charge at the first sitting of the supreme court in April next. Upon their application for time for defence the case was remanded until Monday, the 11th instant.
“In conclusion, I beg to say that I will keep your lordship informed of any additional facts that may transpire in connexion with this matter.”
Telegram from General Doyle to Lord Lyons, dated
The examination of witnesses for the crown against Drs. Almen and Smith, and Mr. Keith, accused of having assisted Wade to escape, occupied from twelve until half past seven, on the 11th instant, and the facts were brought out too clearly for misapprehension. The substance of Lieutenant Reyne’s report, which is in your possession, was proved in every particular.
First. The civilians on the Queen’s wharf, which is a very large one, were not in all forty, (40,) and all of respectable position.
Secondly. Not a shadow of evidence of concert or premeditation to obstruct arrest of Wade.
Thirdly. Only the three gentlemen above named at all implicated; the latter two in the slightest degree possible, and after a struggle between Dr. Almen and the constable had commenced.
Fourthly. No arrest made. The obstruction: Dr. Almen calling a boat proceeding in the stream, and interfering with constable’s pistol when presented against the boat. All three above named bound over to stand their trial at the first sitting of the supreme court, I waiting until recognizances were completed (which they were not until yesterday) to telegraph to you.
The Mayor of Halifax to Mr. Tapper.
Sir: I have the honor to request that you will convey to his honor the administrator of the government my thanks for the military aid so promptly afforded me yesterday in the intended arrest of John O. 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.
[Page 490]I was present myself on the arrival of the train, as was also the city marshal with the whole available police force, aided by a military party of sufficient 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.,