Mr. Adams to Mr. Seward.

No. 739.]

Sir: Under the directions contained in your despatch No. 847, of the 17th of February last, I made a representation to this government of the conduct of Mr. Butterfield, a report of which was made in my despatch No. 610, of the 10th of March. The later proceedings in this case were noted in my Nos. 623 and 629. I have now the honor to transmit copies of the final reply of Lord Russell on the 30th of June, and of the enclosure containing Mr. Butterfield’s defence.

I have the honor to be, sir, your obedient servant,

CHARLES FRANCIS ADAMS.

Hon. William H. Seward, Secretary of State, Washington, D. C.

Earl Russell to Mr. Adams.

Sir: With reference to my note of the 19th of March, I have the honor to transmit to you a copy of a despatch which has been addressed by Mr. Vice Consul Butterfield to her Majesty’s consul at New York, explaining his proceedings with regard to Edward T. Rich, which formed the subject of your note of the 8th of the same month.

I have the honor to add—that it appears to her Majesty’s government that Mr. Butterfield’s conduct in this matter has not been such as to merit their animadversion.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

RUSSELL.

Charles Francis Adams, Esq., &c., &c., &c.

[Page 203]

Mr. Butterfield to Mr. Archibald.

Sir: I have the honor to acknowledge the receipt of your despatch of April 23, enclosing a despatch from Lord Lyons, containing an extract from a despatch of Admiral Bailey to the Hon. Gideon Welles, in which he complains of my proceeding in the case of Edward T. Rich. Admiral Bailey observes, “that Rich having been refused a pass by him to go to Havana, he sought and obtained the aid of the British vice consul, obtaining from him a certificate addressed, to the Spanish consul asserting that Rich was a British subject, and requesting for him, as such, Spanish protection.”

In reply to this statement I have the honor to inform you that E. T. Rich did, by oath, (which would now appear to be false, ) declare himself to be a British subject, and belonging to Falmouth, England, and obtained from me a British certificate, but not until I had carefully examined him, and had every reason to believe that he was bona fide a British subject; but in regard to my affording him aid to make his escape from the island, I have only to state that Such a thing was not possible, from any certificate that I could give him; as no one can pass the guard ship to leave the island, unless he has a pass from the provost marshal of the city, as well as from the admiral himself, and that, therefore, even should I have given a certificate to one who had no claim to it, it could in no way have been of any use to him as a means of escape.

The admiral also states that the certificate was addressed to the Spanish consul, requesting his protection. In reply to this, I have only to state that it was neither addressed to that official, nor did it ask of him any assistance or protection.

It is also stated by the admiral that Rich made his escape in a vessel “owned by a Spaniard residing at Key West.” To this statement I have the authority of the Spanish consul in replying that there are no Spaniards residing here who are owners of vessels, and, also, that the only vessel that left this for Havana on the 27th January (the day named by the admiral) was the United States steamer Perry, of the quartermaster’s department.

In support of the statement that I have made, that it would be impossible for any one to pass the guard ship merely on producing a consul’s certificate which had not attached to it the provost marshal’s pass, as well as that of the admiral, I would beg to mention the following cases, (the facts of which I have from the Spanish consul:) Two Spanish subjects took passage on the 26th of January last at this port for Havana in the schooner Aristides. There were twenty-eight passengers, all the papers of which were right with the exception of those held by these two men, and they were left behind at the last moment, because, although they had a pass from the Spanish consul as well as from the provost marshal, they did not have any from the admiral.

Should the statement made by the admiral as regards the nationality of Rich be correct, it would appear that, notwithstanding my efforts to the contrary, I have given a certificate to an improper person; still, however much I should regret this, as well as justly incur the displeasure of her Majesty’s government, I must again beg to say, that his having my certificate gave him no facility whatever for escape, and that he could have got away quite as well without it as he appears to have done with it.

I need not, I am sure, remind you of the very peculiar position in which I am often placed here as regards the rights and claims made by British subjects, or those professing to be such, and of the great difficulty I have at times in knowing from whom and to what extent to seek for information concerning them.

I would also remark, that until yesterday, when I received your despatch, I had no knowledge of any dissatisfaction on the part of the admiral at what I [Page 204] had done relative to Rich, or that he had made his escape; but had the admiral thought fit to represent to me that Eich was an American, when he saw that he had my certificate, (which he says in his despatch he did see, ) I would at once have deprived him of it, or at least until investigation could have been had as to his real nationality.

I have, &c., &c., &c.,

AUBREY G. BUTTERFIELD.

E. M. Archibald, Esq., &c., &c., &c.