Lord Lyons to Mr.
Seward.
Washington,
August 22, 1864.
Sir: With reference to your note to me of the
5th July, and to my note to you of the 8th of July, I have the honor to
transmit to you herewith copies of a despatch, and its enclosure, which
I have received from the governor of Newfoundland, respecting the
statement that three pardoned criminals had been sent from St. John to
New Boston.
I have the honor to be, with the highest consideration, sir, your most
obedient, humble servant,
Hon. William H. Seward,
&c, &c, &c.
[Page 691]
Mr. Hoyles to Mr. Bannerman.
Sir: I have the honor to acknowledge the
receipt of your excellency’s communication of yesterday’s date,
enclosing copy of a despatch from Lord Lyons, under date of the 8th
of July instant, forwarding a communication from Mr. Seward to his
lordship, under date of the 5th of July instant, and a letter from
Mr. Leach, United States vice-consul at this port, to Mr. Seward, on
the subject of three prisoners—Daniel Hurley, Bryan Sheehy, and
James Nowlan—alleged by Mr. Leach to have been sent by the local
government to Boston, and directing me, for the information of the
United States government, to report upon this despatch.
In obedience to your excellency’s commands, I beg to acquaint you
that about the 20th of May last the three men above named, they then
being under sentence of imprisonment in the St. John penitentiary
for various offences, petitioned for a remission of that part of
their punishment, undertaking, if their application was acceded to,
to leave the colony. The prayer of this petition was granted in the
hope that, by being permitted to proceed to some place where their
offences were unknown, these men would be enabled to retrieve their
characters and to become useful members of society; and passages
were accordingly provided for them on board the brig Arthur, then
about to leave for the United States. Mr. Leach is, however,
altogether incorrect in stating that they were sent by the local government. Banishment formed no part of
their sentence, and the government had no power to send them out of
the country, except with their own free will. It was a matter of
total indifference to the local government whither they went,
provided they left the colony, and they themselves selected the
United States as the country to which they would proceed, believing
they would there have a greater chance of obtaining employment than
elsewhere. They refused to go to any other place; and Sheehy, who
had just obtained his discharge from the rifle companies when
arrested, had professed his intention of proceeding to the United
States under any circumstances. Of the two others, I have just
learned that Hurley has, since his arrival, been engaged at good
wages, and has now sent for his wife and family.
I have, &c, &c,
H. W. HOYLES, H. M.’s Attorney General for
Newfoundland.
Gov. Bannerman to Lord Lyons.
Government House,
Newfoundland,
August 6, 1864.
Sir: I have the honor to acknowledge the
receipt of your lordship’s despatch of July 8, sending me a copy of
a note from the Secretary of State of the United States, with a
report made to him by the United States consul here relative to
three pardoned criminals “having been sent from Newfoundland to
Boston,” and requesting me to obtain information regarding this
matter.
I have to regret that Mr. Leach, the consul, before troubling the
Secretary of State, omitted to make any communication to myself or
the government here on the subject-matter of his report.
I beg leave to enclose, for the information of the Secretary of
State, a letter from the attorney general, Mr. Hoyles, the
law-adviser of the crown here, relative to the consul’s report.
[Page 692]
In addition, I may state, what your lordship is aware of, that a
power is vested in me by her Majesty (as also in all other
governors) to pardon or commute the sentence of all persons tried
and convicted before judicial tribunals in the colony; but when
petitions are addressed to me by criminals, or persons in their
behalf, I have invariably referred such documents to the judges, or
others who preside at the trials, to report whether there are any
circumstances to justify, in their opinion, a commutation of the
sentence; and by these reports I am generally (but not always)
guided.
The criminals alluded to, I ascertained, were sentenced to imprisonment; banishment forming no part of
the sentence. They earnestly petitioned that their imprisonment
should be shortened on condition that they would leave this colony,
and they also earnestly prayed that they might get a passage to the
United States, where they hoped to obtain employment and redeem
their character where they were not known.
The passage was accordingly given. And this is a common occurrence,
passages having been granted in similar cases to Canada or some of
the other provinces, and sometimes to the United Kingdom—the
passage-money frequently being less than the cost which the colony
would incur by supporting them in jail.
Your lordship will observe, however, that I had no power or authority
to send the three men alluded to to the
United States.
I have &c., &c.
Lord Lyons,
&c., &c.,
&c.
