Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth Congress
Mr. Seward to Mr. Burnley
Sir: With reference to Lord Lyons’s communication of the 8th ultimo, relative to some shot fired from a battery in course of construction on an island near Eastport, Maine, having fallen upon the British territory at Oampobello, I have the honor to enclose, in reply, a copy of a communication of the 8th instant from the War Department, from which it appears that upon investigation the occurrence referred to was unauthorized, was inadvertent, and is regretted, and that instructions will be given to avoid a repetition of the offence.
I have the honor to be, with high consideration, sir, your most obedient servant,
J. Hume Burnley, Esq., &c., &c., &c.
Mr. Stanton to Mr. Seward
Sir: Referring to your letter of the 14th ultimo, enclosing a copy of a communication from Lord Lyons relative to some shot fired from a battery in course of construction on an island near Eastport, Maine, having fallen upon the British territory at Campobello, I have the honor to transmit, herewith, copies of papers submitted to this department by Major General Dix, commanding the department of the east, who was directed to investigate the subject and take proper measures to prevent a repetition of the alleged offence.
Your obedient servant,
Hon. William H. Seward, Secretary of State.
General Dix to General Halleck
Respectfully forwarded, with enclosed papers, to Major General Halleck, chief of staff, in response to the reference in this case of the 17th November, 1864.
Colonel Ludlow to General Dix
General: In compliance with your instructions I have made an investigation in the case of firing shot from the battery on Treat’s island, near Eastport, St. Croix river, and of the falling of said shot upon the British territory on Campobello island, and have the honor to report that on the 11th day of August, 1864, Captain Thomas P. Hutchinson, commanding [Page 13] company C, unattached infantry, Maine volunteers, commanding posts at Fort Sullivan and Treat’s island, fired three shots from the battery on Treat’s island for practice, using a bluff on Campobello island known as Friar’s Head, and about one mile distant, for a target.
This bluff is reported to be about five hundred feet long and about one hundred feet high. The boundary line between the United States and Great Britain runs about half way between Treat’s island and Campobello island.
The first shot, a James projectile from a rifled 24-pounder, struck the water richocheted, passed over the bluff, and, after once striking and glancing, fell upon Campobello island at a point about seven hundred and fifty yards from the point of richochet. The other two shots were shells, and exploded within a few yards of the bluff.
On the 16th August, Captain J. Robinson, royal navy, a resident, and, I believe, the owner of Campobello island, addressed a communication to Captain Hutchinson calling his attention to this gun practice, asking for an apology, and that the alleged offence should not be repeated. On the same day Captain Hutchinson replied to Captain Robinson expressing his regrets, and giving a full and seemingly satisfactory explanation of the occurrence. Copies of these letters, together with the report of Captain Hutchinson, and also two maps showing the position of the batteries at Eastport and Treat’s island, and the line and range of their fire, are hereto appended.
Whether the guns on Treat’s island cannot be practiced without intrusion upon British soil or waters, as complained of in the communications of Lieutenant Governor the Hon. A. H. Gordon to the Duke of Newcastle, of the 26th October, 1863, and to Mr. Cardwell, of the 10th September, 1864, is a question for the determination of the engineer department under whose direction the battery was located and armament mounted.
Immediately on the receipt of the papers in this case from Washington on the 19th November last, and in execution of the order of Major General Halleck, chief of staff, indorsed thereon, Lieutenant Colonel S. Dawson, 15th United States artillery, commanding defences of the coast of Maine, was instructed to avoid any repetition of the alleged offence in gun practice, and to furnish a full report without delay.
These instructions have been complied with, and their results are imbodied in this report.
I am, Very respectfully, your obedient servant,
Major General John A. Dix, Commanding Department of the East.
Colonel Dawson to Colonel Ludlow
Colonel: I have the honor to transmit the report of Thos. P. Hutchinson, commanding the batteries at Eastport and Treat’s island, relative to the firing from the latter battery against Friar’s Head, on Campobello island, August 11, 1864, with the letter of Captain Robinson, royal navy, the owner of the island, and Captain Hutchinson’s reply; also a sketch of the batteries and the island of Campobello. I also forward a map of the harbor and island of Campobello, for which I am indebted to Major Casey, of the engineers.
Very respectfully, your obedient servant,
Lieutenant Colonel W. H. Ludlow, Assistant Inspector General Department of the East, New York, N. Y.
Captain Hutchinson to Colonel Dawson
Sir: I have the honor to make the following report: On the 11th day of August, 1864, while practicing the battery on Treat’s island, so called, near Eastport, Maine, one gun was brought to bear upon a perpendicular bluff, some five hundred feet in length and one hundred high, called Friar’s Head, on Campobello island, New Brunswick. The piece first used was a rifled 24-pounder, mounted on a barbette carriage, charged with 4 1/2 pounds powder and a James’s patent shot, with 2 1/2° elevationdistance across the channel one mile. The shot struck the water one hundred and fifty yards short of the target and richocheted over the Head, which at this point is one hundred feet high above low-water mark, (it being low water at the time.) Its flight will be seen by the heavy dotted line on the accompanying diagramstriking the earth in the rear of, and some two hundred yards distant from, the house of a man named Taylor. The distance from where it struck the water to this point is, as near [Page 14] as I can judge, five hundred yards. Glancing from this point, it continued its flight about two hundred and fifty yards and lodged in a side-hill in an adjoining pasture. It was supposed at the time by myself, and those who witnessed the firing, that this shot lodged in or near the top of the bluff, as portions of earth and loose stones were seen to fall down the precipice immediately after the shot was seen to strike the water. Two shells were then fired from a 32-pounder smooth-bore gun, charge 6 pounds powder, with 3° elevation, 5 fuse, both of which exploded within five yards of the ledgeboth excellent shots, so called by those of experience in such matters.
Not until the next day was I aware that one of these shots passed over the Head, on learning which I immediately went over, and, in company with Mr. Taylor, found where the shot struck. Upon measuring the distance, it proved to be three hundred yards from his house, in an open field. I followed the course of the shot in its flight, and succeeded in finding it. I assured the inhabitants, at the same time, that it was purely accidental on my part, and in the future I would avoid a repetition of the offence. They appeared perfectly satisfied with my explanation, &c. It was my intention to have seen Captain Robinson (the owner of the island) that night, but he being absent, as I was informed, I did not see him. In a few days I received a communication from him, requesting me to make an explanation of the affair in writing, that he might be enabled to answer any question that should arise from those superior to him in authority. Enclosed is a copy of his letter, with my reply.
The reason of my making a target of this bluff was, it is quite impossible to practice artillery without firing on their domain or waters. Troops stationed at this post have heretofore practiced artillery against this Head, it being the least dangerous of any point within range of the guns of the batteries in this vicinity.
I also forward with this report a sketch of the different islands in this vicinity; also the location of the two batteriesone on Treat’s island, the other on Todd’s Head, Eastport. The battery on Treat’s island consists of two rifled 24-pounders, casemate; two 32-pounders, smooth-bore, casemate. The battery on Todd’s Head is two rifled 24-pounder guns, mounted on barbette carriages; and three 32-pounders, smooth-bore, casemate.
Very respectfully, your obedient servant,
Captain Robinson to Captain Hutchinson
Sir: Yesterday I went over to Treat’s island for the purpose of seeing you and calling your attention to the practicing the guns of the battery on that island upon Friar’s Head, so called, in Campobello; and also to that of a shot having richocheted over the Head during the practice on Thursday, the 11th instant, passing over a house and striking the earth near a barn occupied by a man named Taylor.
I had awaited until then, hoping to have heard from you some explanation of the circumstances, having not the slightest doubt but that the latter event was purely accidental.
But in your position as commandant of a fort you must be aware, on consideration, that firing shot into a friendly and neighboring territory, without permission, is entirely against all law of nations; and although owning the soil, I much question whether it would have been in my power to grant permission, even had it been asked, as the sovereignty of the soil lies in the nation, not in the individual.
It is far from my wish to create any ill feeling on this occasion, or make any unnecessary importance of the affair, it being, as I thoroughly believe, purely a piece of inadvertence; but it will be necessary for you to be so good as to inform me so in writing, and also that the same may not be repeated, that I may be enabled to answer the inquiries of those superior to me in authority.
I have the honor to be, sir, your obedient servant,
Capt. Hutchinson, U. S. A., Commandant Forts, &c.
Captain Hutchinson to Captain Robinson
Captain: I have the honor to acknowledge the receipt of your letter of this date. In reply, I would say’ twas not my intention to practice the battery on the island until I had received permission from you, but on that day having some military company who wished to [Page 15] see the effect of two or three shots against the Head, and not having the least idea the shot would miss the Head, I took the liberty to fire three shots, and to guard against doing any injury, I was careful to have the gun depressed, so as to have the shot to fall short, rather than run the risk of carrying over the Head; but, contrary to my expectations, the first shot (as it afterwards proved) ricocheted after striking the water, and passed over the Head, striking as you stated in your letter. At the time we all thought the ball lodged against the ledge, and not until the next day did I know of the facts. I went over immediately on learning the circumstance and saw Mr. Parker, who showed me where the shot struck. I followed the course, and found the shot in an adjoining pasture. The other two shots I found on the beach under the Head.
I was treated very kindly by Mr. Parker and others whom I met while on the island, and to whom I apologized, assuring them it would not be repeated, at the same time intending to call on you and do the same.
Circumstances since the affair have been such that I have been unable to do so. Hoping the affair will create no ill feeling, I will do myself the honor to call upon you personally at the earliest opportunity, and give, perhaps, a more satisfactory explanation.
I am, very respectfully, sir, your obedient servant.
J. Robinson, J. P. and Captain Royal Navy, Campobello, N. B.