Sir F. Bruce to Mr. Seward
Washington,
July 28, 1866.
Sir: I have the honor to forward herewith
copies of a despatch from his excellency the governor general of Canada,
together with its enclosure, respecting the arrest of a deserter named.
John Chapell from the Canadian gunboat Michgan within the territory of
the United States.
The intention of Lord Monck to have replaced this man within the
jurisdiction of the United States has been frustrated by his having
deserted a second time. It appears he is now in Detroit.
Lord Monck, in expressing his regret at the violation of the United
States territory, which was not contemplated by the officer in command
of the Michigan—the boat having been lowered to pick up the man, who was
supposed to have fallen overboard—has taken occasion to point out to the
officer in command that the man ought to have been delivered up without
waiting for any remonstrance from the authorities of the United States,
and has given instructions which, I trust, will effectually prevent the
repetition of such acts.
I trust the government of the United States will be satisfied with the
manner in which this case has been dealt with and will see in the
instructions issued a proof of the desire of her Majesty’s authorities
in Canada to respect the jurisdiction of the United States, and to act
in that spirit of comity and respect for international obligations in
which her Majesty’s government is anxious that the relations of Great
Britain with the United States should be carried on.
I have the honor to be, with the highest consideration, sir, your most
obedient and humble servant,
Hon. William H. Seward, &c., &c., &c.
[Page 252]
Government House, Ottawa,
July 23, 1866.
Sir: Referring to your despatch of the 14th
instant, and enclosure, I have the honor to transmit for
communication to the Secretary of State of the United States a copy
of a report from Lieutenant Heron, royal navy, commanding the
Canadian gunboat Michigan, respecting the circumstances under which
the arrest of John Chapell on United States territory took
place.
I think it is plain from this report that there was no intention on
the part of this officer to infringe the territorial rights of the
United States; indeed he asserts that the party by whom the man was
arrested were beyond his control at the time the arrest took
place.
I regret very much that even under such circumstances any act should
have been committed by persons in her Majesty’s service, of which
the government of the United States has a just right to complain;
and if John Chapell were still on board the Michigan, or within my
control, I should feel it my duty to order that he should be
immediately replaced within the bounds of the United States
territory.
I have caused a letter to be written to Lieutenant Heron, pointing
out to him that, as soon as he found that the crew of the boat sent
in pursuit of John Chapell had exceeded their duty by pursuing and
arresting him on United States territory, he should, without waiting
for remonstrance from the authorities of the United States, have
immediately ordered the liberation of the prisoner so illegally
arrested, and I have desired the officer to be admonished to be very
careful in future not to infringe the territorial rights of the
United States.
As it appears that John Chapell has since a second time deserted, and
is now supposed to be at Detroit, I trust the Secretary of State
will accept my expression of regret at the affair as a sufficient
reparation, and will be satisfied, from what I have stated, that I
will use every exertion to prevent a repetition of the
occurrence.
I have, &c., &c.,
The Hon. Sir F. Bruce, G. C. B., &c., &c., &c.
[Untitled]
H. M. Gunboat Michigan, Windsor, C. W.,
July 20, 1866.
Sir: I have the honor to acknowledge the
receipt of a letter, dated July 18, regarding the capture of John
Chapell, royal marine light infantry, from American territory, by
some men of her Majesty’s gunboat Michigan.
I have the honor to forward particulars as regards said capture.
On June 27th, whilst proceeding through the river St. Clair, the man
John Chapell, royal marine light infantry, did jump overboard, a
little below an American town called Newport, and swam to the
shore.
I sent a boat immediately after him, under the impression that he had
fallen overboard by accident, but afterwards found, by his
confession and other evidence, that he was under the influence of
liquor, and did not know what he was doing at the time.
A boat with one man came out from the American shore, picked him up,
and, after pulling towards the ship for a short time, suddenly
turned and made for the shore. The boat from this ship followed, and
the men landed and chased the deserter. I was not able to recall
them, as I only had one boat, and too far distant to hail them.
Chapell got about one hundred yards ashore; they arrested him and
brought him back.
No objection was made at the time to the result, nor have the men
from this ship arms of any description.
The man in question deserted again on July 9, of which I duly
acquainted the mayor of this town, Mr. S. M. McDonnell, and he
informed the district attorney of Detroit, who said all proceedings;
on the subject would be stopped.
John Chapell is, I am told, in Detroit at this moment.
I have, &c., &c.,
MAXWELL HERON, Lieutenant
Commanding.
His Excellency the Governor General,
&c., &c., &c.,Ottawa.
