Mr. Burnley to Mr. Seward

Sir: On receipt of your note of the 13th instant, relative to the supposed imposition practiced on her Majesty’s consul at New York, in the case of the Harrises, of the Young Republic, by means of false and fraudulent affidavits, I at once put myself in communication with Mr. Archibald, desiring him to investigate the matter, and to report to me on the subject.

From the reply of Mr. Archibald, a copy of which I have the honor to enclose, I regret to say that the suppositions of the War Department in this respect seem to have been but too well founded.

At the same time, in justification of Mr. Archibald, I am bound to say that he seems to have done all that was right and proper on this occasion. He seems throughout to have been in communication with General Dix, to whom his suspicions were imparted; and had it not been for the unworthy part played by Rainey in this transaction, and the false oaths taken by the witnesses brought forward, I have no doubt that the truth would have been arrived at. In all cases submitted, the affidavits are forwarded as received, with the proviso that, should the statement be found correct, or the circumstances of the case warrant the applicant’s release, he may be liberated, and not on any other grounds.

It would be impossible for her Majesty’s consul thoroughly to sift all the applications which are daily and hourly made at his office, more particularly when men are found base enough to perjure themselves in the shameless way in which these witnesses seem to have done. The machinery at the command of the War Office enables them to do this much more effectually, and I should be the first person to wish that a thorough investigation should take place, in order to prevent the innocent and guilty from being mixed up in one common doom. I [Page 25] regret quite as much as Mr. Archibald that these men have regained their liberty under false pretences.

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

J. HUME BURNLEY.

Hon. William H. Seward, &c., &c., &c.

Mr. Archibald to Mr. Burnley

Sir: I have the honor to acknowledge the receipt of your despatch of the 15th instant, calling my serious attention to an enclosed copy of a note addressed to you by the Secretary of State of the United States, remarking on the genuineness of the affidavits offered in support of the nationality of the two Harrises, and instructing me to set on foot an inquiry, with a view to ascertaining whether any imposition has been practiced, and to report to you on the subject.

In reply, it is with extreme regret I have to report, that about a week ago I first entertained suspicions, which have since been confirmed, that an imposition had been practiced upon me in reference to the affidavits forwarded to you in my despatch of the 31st of October. I communicated my suspicions to General Dix on the following day, but it was unhappily then too iate to arrest the party most guilty in the transaction, namely, William Rainey, late purser of the Young Republic.

The circumstances of the case of the two Harrises, so far as they came under my cognizance, are as follows: on my return from England, these men together with Rainey were imprisoned at Fort Lafayette; I was informed by the acting consul that they had all made affidavits of their British nationality; but that further proof was required, especially in regard to Frank M. Harris. I never saw either of the Harrises until after their release from Fort Lafayette.

On the 6th October, William Rainey, the purser of the Young Republic, was discharged. He reported himself at this office, and it was quite manifest from his strong north-of-Ireland accent, and his appearance, that he was a native-born British subject. He subsequently called at this office several times, and spoke of the hardship and injustice of detaining the two Harrises in prison, always asserting that they were both undoubtedly British subjects, and adding that they were suffering from ill health.

There was a frankness of manner about Rainey which led me to place confidence in his statements. He told me he knew they could get out by paying money, but he thought it an unjust thing that they should have to pay for their liberty when they were legally entitled to it. I inquired if they had net written for proof from England. He replied, “Yes, they had; but that their letters had either miscarried, or that some unaccountable delay had taken place; but he said he knew there were people from the old country here who could prove the nationality of both the Harrises, if he could but meet with them.”

On the 31st October Rainey called upon me, accompanied by two persons, well dressed and of respectable appearance, entire strangers to me, and told me they were two Englishmen whom he had fallen in with, and who both knew the Harrises, and could swear to their nationality. I examined them on the subject. Both, I lament to say and believe, were Englishmen. The one calling himself Cragg undoubtedly was so. He was stout-built, respectably dressed, fully sixty years of age, and with an unmistakable Yorkshire dialect. They gave without hesitation their addressesthe one at Boston, the other at Philadelphia. 1 was very busy that morning, and said I could not further attend to the matter, but that if they could call on the following morning I would take their affidavits on the subject. The one calling himself Foster said he was obliged to return to Philadelphia by the afternoon train; and Cragg said he was going back to Boston on the next morning. I said, “Very well; if they would call in the afternoon at three, or half past, I would attend to the matter.” At the appointed time they returned with Rainey, and, their statements being repeated and reduced to writing in the form of affidavits, they respectively signed and swore to them before me.

So far as regards the demeanor and appearance of the witnesses, who were grave, intelligent, and respectful, I confess I had not the least suspicion that a deception was being practiced upon me; but, confiding in the veracity of their statements, I subsequently pressed the case of the prisoners on your consideration.

On the first of December the two Harrises, accompanied by Rainey, called at this office and reported that they had been discharged on the 29th of November; that the marshal was satisfied there had been a mistake of Frank M. Harris for some other person of the same name. This was the first time I had ever seen either of them. They remained but a few minutes. On Monday, the 5th instant, Frank M. Harris again called, mentioning that he had been detained, by order of General Dix, from sailing in the Corsica, and was at liberty on his parole, with orders to attend at the general headquarters on the following morning at 11 o’clock, and requested that I would send a clerk at that hour to identify him as the Frank M. Harris who had been liberated from Fort Lafayette. I told him that the marshal could better do that; [Page 26] but, as he repeated his request, I said I would comply with it. I then had some conversation with him, and remarked, that had not his nationality been so positively sworn to by himself and others, I should certainly have taken him for an American. He persisted in stating that he was an Englishman, and a native of Grimsby, in Yorkshire. On my observing again that his manner and appearance were quite American, he accounted for it by saying he had sailed out of the States a good deal, and as a boy he had been in Charleston with his father some ten years ago. His father, he said, was a native of Liverpool, but that he himself really was a native of Grimsby, in Yorkshire. He added that he had been mistaken for another person of the same name, but that the marshal was now quite satisfied of the mistake, and that a person who was said to be his father had declared he knew nothing about him.

On the following day my clerk attended at General Dix’s headquarters; but Harris, it appears, was not forthcoming. Even then my suspicions of falsehood on the part of the witnesses were not aroused; but two or three days afterwards, when I sent to the hotel where Rainey had lodged to inquire of him respecting them, I found he had left New York also. The information conveyed in Mr. Seward’s note that these witnesses are not to be found at the addresses given by them, leaves, I fear, no room to doubt that they have sworn falsely, and under other names than their proper ones.

I shall not fail to use all practicable means to trace and discover the parties who made these affidavits before me, and trust I may be successful. I can only repeat the expression of my deep regret that so gross a fraud has been practiced upon me. I lament it the more since, although I have at all times endeavored to use proper precautions in submitting for your consideration statements of facts made by other parties, yet, through the confidence which has been placed in the prudence as well as in the integrity of my proceedings in this matter, this prisoner has regained his liberty, I fear, on false pretensions.

I have, &c, &c,

E. M. ARCHIBALD.

J. Hume Burnley, Esq., &c., &c., &c.