No. 21.
[Extract.]

Lord Lyons to Earl Russell.—(Received February 16.)

I have the honor to transmit to your lordship further papers relative to the affair of the Chesapeake.

The first of them is a letter from Mr. Seward, stating the impression produced by the papers which (as I had the honor to report to your lordship in my despatch of the 18th ultimo) I placed in his hands on the 16th instant. Your lordship will observe that Mr. Seward, while acknowledging that the proceedings of Major General Doyle, the administrator of the government of Nova Scotia, seem to have been conducted in good faith, affirms that his excellency “ought to have relinquished to the agents of this government the stolen vessel, and the pirates found on board of her, subject to the express engagement of this government to answer to the British government any claim that it might have either upon the ship or the men.”

Mr. Seward seems to forget the flagrant violation of her Majesty’s territorial jurisdiction committed by the United States officers, and the necessity it imposed on the administrator of the government to be more than usually careful to make it apparent that her Majesty’s rights had been vindicated. It may be observed, also, that there were no persons found on board the Chesapeake to whom the [Page 531] description of “pirates” can well be applied. The two men who were on board and who were seized and put in irons by the United States officers, when they took possession of the vessel in the British harbor, appear to have been British subjects who had gone on board the Chesapeake after her arrival at Nova Scotia, and who had no connexion with the previous seizure of that vessel by the passengers. The only man taken by the United States officers who was implicated in that act of the passengers was Wade, who was not taken on board the Chesapeake, but was violently seized by those officers on board a British ship in a British harbor.

I have thought it right to communicate a copy of Mr. Seward’s letter to Major General Doyle.

I have to-day placed in Mr. Seward’s hands copies of the letter of the attorney-general of Nova Scotia, and of the report of the proceedings against the persons concerned in preventing the arrest of Wade at Halifax, which form the fourth and fifth enclosures in the present despatch.

The remaining enclosures relate principally to the demands on the govern ments of Canada and New Brunswick for the extradition of men concerned in the seizure of the Chesapeake at sea.

[Enclosure 1 in No. 21, Mr. Seward to Lord Lyons, dated January 18, 1864, printed elsewhere in this volume.]

[Enclosure 2 in No. 21.]

Lord Lyons to Major General Doyle.

My Dear General Doyle: I enclose a copy of a semi-official letter, dated the 18th instant, which I have received from Mr. Seward, and in which he com ments on the papers concerning the affair of the Chesapeake, which, as I informed you in my despatch of the 18th, I put into his own hands a day or two before.

I do not object to your making the members of your government acquainted with the contents of Mr. Seward’s letter, if you consider it important to do so.

Yours faithfully,

LYONS.

[For enclosure 3 in No. 21, Major General Doyle to Lord Lyons, January 20, 1864, see enclosure 2 in No. 20.]

[For enclosure 4 in No. 21, Mr. Johnston to Major General Doyle, January 13, 1864, see enclosure 1 in No. 20.]

[For enclosure 5 in No. 21, supplement to the Halifax Reporter, dated January 19, 1864, see enclosure 3 in No. 20.]

[Enclosure 6 in No. 21.]

Lord Lyons to Major General Doyle.

Sir: I had on the 28th ultimo the honor to receive your excellency’s despatch of the 29th ultimo, transmitting to me information respecting the proceedings [Page 532] against the persons charged with obstructing the execution of the warrant for the arrest of Wade.

I have put into the hands of the Secretary of State of the United States copies of the letter addressed to your excellency by the attorney general of Nova Scotia, and of the printed report of the proceedings before the mayor of Halifax.

I have, &c.,

LYONS.

[Enclosure 7 in No. 21.]

Viscount Monck to Lord Lyons.

My Lord: I have the honor to acknowledge the receipt of your excellency’s despatch of the 13th, enclosing copy of a note from the Secretary of State of the United States, demanding the extradition of John C. Braine, H. A. Parr, John Parker Locke, alias Vernon G. Locke, David Collins, George Robinson, and John Wade, fugitives from the justice of the United States.

In reply I have the honor to inform your excellency that I have referred this application to the law officers of the crown in Canada for their report.

I have, &c.,

MONCK.

[See enclosure 8 in No. 21.]

Lord Lyons to Mr. Seward.

[Printed elsewhere in this correspondence.]

[Enclosure 9 in No. 21.]

Lieutenant Governor Gordon to Lord Lyons.

[Extract.]

I have the honor to acknowledge the receipt of your lordship’s despatch of the 5th instant, and am gratified to learn that the cabinet of Washington appreciates the prompt action of this government in reference to the alleged piratical seizure of the United States steamship Chesapeake.

A determination to observe in the strictest manner the requirements of international law, and to fulfil every obligation of international courtesy, will, I trust, always be found by the government of the United States to exist on the part of this province.

In my despatch of the 28th ultimo I informed your lordship that I had issued my warrant, authorizing the arrest of the parties implicated in the transaction referred to. Since that date three of those persons, David Collins, James McKinney, and Linus Seeley, have been arrested at St. John.

The honorable J. H. Gray, of St. John, one of the counsel for the accused, applied to me on the 31st ultimo on behalf of his clients for copies of the requisition [Page 533] upon which my warrant authorizing the arrest was founded, and of the depositions which accompanied it.

I accordingly transmitted the required documents to Mr. Gray, at the same time stating my reasons for declining to entertain his application as a matter of right, whilst I acceded to it as an act of courtesy for which persons in the position of the accused might fairly look. At the same time I informed the United States consul of my decision.

[Enclosure 10 in No. 21.]

Lord Lyons to Lieutenant Governor Gordon.

Sir: I have the honor to acknowledge the receipt of your excellency’s despatch of the 21st of this month, informing me that three of the men implicated in the affair of the Chesapeake had been arrested at St. John, and that your excellency had communicated to their counsel copies of the requisition upon which your warrant authorizing their arrest was founded. I am very much obliged to your excellency for the information you have been so good as to send to me with regard to the communication of the requisition. The subject has not hitherto been mentioned to me by the Secretary of State of the United States, nor have I spoken to him about it.

I am, &c.,

LYONS.