Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part I
Lieutenant Governor Gordon to the Duke of Newcastle.—(Received February 16, 1864.)
My Lord Duke: I have the honor to transmit for your grace’s information a report of the evidence adduced in the case of the Chesapeake, since the date of my last despatch on the subject.
Your grace will probably be surprised to find an investigation commenced before the police magistrate on the 28th of December still unconcluded.
I have also the honor to enclose copies of further correspondence between the Hon. J. H. Gray and myself.
I have, &c.,
[Enclosure 1 in No. 24.]
Newspaper Extracts.
The Chesapeake investigation is being spun out to an interminable length. On Thursday the evidence against the prisoners was read over to them, and [Page 535] they plead “Not guilty” to the charges of piracy and murder, and declared that what they did was done in behalf of the Confederate States; that they had no intention of doing anything criminal; that they believe they have not so done. To meet the wishes of Mr. Gray, further investigation was postponed until Tuesday next, when that gentleman will enter on the defence, and will submit, as he alleges, both documentary and oral testimony. People are curious to know whence the “oral” proof is to come. Mr. Gray submitted copies of the depositions, on the strength of which the lieutenant governor issued his warrant for the arrest of the Chesapeake’s captors.
The Chesapeake Case.
We reprint, from the Morning News, the evidence put in in this interminable case yesterday. The court adjourned until 11 o’clock to-morrow morning, a fact that we hope the counsel for the prisoners will not overlook. One of the Halifax papers says that some evidence has been sent from that city that will put a materially different face upon the matter, in favor of the defence:
John Ring was then called and sworn.—I live in Carleton; have lived there all my life. Know McKinney and Seely, two of the prisoners. Knew Watters, who gave evidence the other day. I was at meetings in Lower Cove when a proposal in reference to taking a vessel was named. It was proposed to take men for the confederate service. I saw a man there called Braine, and another called captain. Did not see a person called Parr at either of the two meetings, both of which I attended. Another man, in presence of the captain, showed what was his (the captain’s) authority. I knew it by a large seal, upon which was what I took to be a man’s head and body; it was on the left hand near the corner. There was another seal on the right-hand side; it looked like a blot. I saw Jefferson Davis’s name at the bottom. I swear that that is the identical paper that was read at the meeting. The man had just concluded the reading of the paper when I entered. [Mr. Gray wished the paper to be read by the witness, but Mr. Wetmore objected, and the magistrate ruled that he could not receive the paper in evidence unless proved genuine. Mr. Gray wished it to be read merely to show the animus of the parties, not the genuineness of the document.]
Cross-examined by Mr. Wetmore: The blot looked dark. I can’t say whether both seals were on the same side or not.
John Tricartain sworn.—I live in Carleton; was born and brought up there. Was not at both meetings in Lower Cove; was at the last one. Watters and Ring were there. A man called Braine was there. I was introduced to Captain Parker. Asked Parker for his authority. He pointed to a gentleman present who, he said, would show his authority. The gentleman took a white envelope from his pocket, and drew out a paper, on the back of which there was a small seal. I saw the large seal when it was opened. Heard it read. It commenced with “Jefferson Davis, President of the Confederate States of America.” Jefferson Davis’s signature was at the bottom.
Cross-examined by Mr. Wetmore: I identified the document by the seal, and by the name Jefferson Davis at the bottom, written out in full. I saw it once since in Mr. Gray’s office. It was Thursday last, about 7 o’clock in the evening. I went there to see Mr. Gray, as I understood he wished to see me. Mr. Gray, Ring, another gentleman (meaning Mr. Weldon,) and myself were there. Mr. Gray asked me to give him a description of the paper. I did so, and he then handed it to me. [Here Mr. Gray was about Handing the paper to witness for the purpose of identification, when Mr. Wetmore objected to allow it to be placed in witness’s hand, unless he (Mr. Wetmore) should first be allowed to read it.]
Re-examined by Mr. Gray: I identify the paper, which, as folded, you have placed in my hands. The red seal shown to me is the one which was on [Page 536] the paper on that occasion. I saw the seal when the paper was read. I looked at it for about five minutes. I examined it close enough to know that that was the seal; there was a diamond stamp on it. Will not undertake to say there was a name alongside, nor that the paper was witnessed. I swear to the paper from the little seal on it.
The Chesapeake affair,
Police Court, Saturday.
At 11 o’clock this morning the court was crowded, it having leaked abroad that some gentlemen from the south were to give evidence which would materially affect the case. There were four of them; one pretty well advanced in years and of a robust frame, with a Celtic cast of countenance. The next was a man of perhaps thirty years of age, with long flowing hair, and a moustache and beard falling from the lip and chin, which he incessantly teased and stroked, while his cheeks were clean shaven. The third is a handsome-looking young man of about twenty-five, one who might, from the influence of wealth or family, get a position of trust, which he would no doubt fill mechanically, but no one would take him for one who, by natural ability, would attain either name or position in the world. The fourth is a harmless-looking youth, who would pass for a respectable grocery clerk, possessing no particular talent or quality. After some wrangling among the lawyers, the commission, duly certified, establishing a court of admiralty in the province, was received as evidence. Some other documents which were found not to be properly certified to on a previous occasion were now brought forward and admitted. The examination of witnesses then proceeded.
Dr. Luke P. Blackburn, from the Confederate States, the old man referred to, was placed upon the stand, and testified:
I am a resident of Natchez, Mississippi; have been medical director of the State of Mississippi since January last; was president of the Medical Commission in the State; left the confederacy on the 16th July last. I am a native of the State of Kentucky; have resided in Natchez since March, 1846, and have been connected with the army since the difficulties commenced. I am intimately acquainted with Jefferson Davis, the President of the Confederate States; I have corresponded with him and know his handwriting. I also know the seal of the Confederate States. The seal and flag of the Confederate States were changed in May last. I know Mr. Benjamin, late Secretary of State for the confederacy, and know his handwriting. In October, 1862, he was Secretary of State. The provisional government was established in April, 1861. Mr. Benjamin was Secretary of War for a short period—about six weeks, I think—in 1863; he is now Attorney General. I have an intimate knowledge of Jefferson Davis’s handwriting, and believe that the writing (on a document furnished him by Mr. Gray) is Mr. Davis’s writing. I am not so expert but that my own writing might be forged upon me. I am not so certain about Mr. Benjamin’s, but I think that the signature here is that gentleman’s writing. The seal on the document is that of the provisional government. The seat of government was removed from Montgomery to Richmond. A war now exists between the northern and southern States. There is an exchange of prisoners between them. They treat each other generally as belligerents. I arrived in the city this morning; came from Frederickton; ran the blockade and came to Montreal, and from thence here. My family reside in Louisville, Kentucky. I am now on my way home. The confederate government grants letters of marque; did so in 1862. Charleston is in the State of South Carolina, in the Confederate States, and likely to remain there. (The letter of marque to Captain Parker, of the ship “Retribution,” was then read.) In 1862 the States of Texas, Louisiana, Arkansas, Missouri, Kentucky, Tennessee, Mississippi, [Page 537] Alabama, Florida, Georgia, North Carolina, South Carolina, Virginia, composed the Confederate States, making thirteen altogether, and each had representatives in the Confederate Congress.
Alonzo Gr. Coleman being sworn, testified:
I am a resident of the Confederate States, was born and brought up there, and a native of Alabama. My father had large estates in that State before the war commenced. I have been engaged as private in the army of that State since May, 1861. There are a great many other gentlemen of rank acting as privates.
Mr. Gray asked the question if officers appointed to a particular duty have the authority to appoint others under them to that post, and to delegate that authority of carrying out their duty or to and in carrying it out?
Mr. Wetmore objected to this, as being inadmissible as evidence in the present case.
Mr. Gray contended that the laws of any country are respected and recognized by other nations. But the counsel for the prosecution argued that the witness, in order to answer the question, must be acquainted with the law; and even then he doubted if it could be taken as evidence. He did not want to know what the practice was, but what the law in this case was.
The witness stated that when an officer has not a sufficient number of subordinate officers, he has appointed even privates to act as lieutenants, and he had himself acted as lieutenant commanding an outpost. He afterwards stated that they had the authority to do so according to the practice of the service of the confederacy.
It being now 1 o’clock, the magistrate adjourned the case till after dinner.
Mr. Gray to Lieutenant Governor Gordon.
May it please your Excellency: In the communication from Captain Moody of the 2d instant, by your excellency’s commands, in answer to my application for copies of the requisition and documents laid before your excellency by the United States consul, upon which your warrant to arrest certain parties engaged in the taking of the Chesapeake was based, he stated your excellency would consult the law officers of the crown, and give me a reply with the least possible delay.
The preliminary investigation on behalf of the American government having closed, we shall be expected to-morrow to disclose to the police magistrate the grounds on which the application of that government is resisted on behalf of the prisoners. Towards that purpose, Mr. Weldon and myself both consider the papers laid before your excellency, copies of which have been required by me, as of the utmost importance, and we are so clear as to the right of the prisoners to that information, based upon the highest judicial decisions in the court of the United States, arising out of this very treaty, that we would feel we were not discharging our duty were we not to take all those steps which the law will permit to obtain them.
Such papers can in no respect be confidential. They are the legal initiatory steps which are necessary to clothe the tribunals of this country with the power of action. A right to test the jurisdiction before which a prisoner is arraigned in a case so exceptional as the present is undoubted. And in case of a commitment for surrender by the examining magistrate, and a subsequent inquiry into that commitment by habeas corpus, these preliminary steps are scrutinized by the judge and pronounced sufficient or insufficient, as to him may seem right.
[Page 538]In a matter, therefore, which involves not the liberty only, but perhaps the lives of the three prisoners, we are sure your excellency would condemn their counsel if they were to permit themselves to be restrained by any false delicacy from omitting to get before the examining magistrate the documents they think essential to their defence.
We believe that the court has power to issue a subpœna to your excellency to bring those documents before it; and with the highest respect for your excellency personally, and the exalted position you fill, we must ask the court for that subpoena unless they are furnished.
We do not apprehend that the counsel for the United States government would require your excellency to be personally present, and we should be content with copies, it the court will admit them. I address your excellency at this time because, not having received the reply referred to by Captain Moody, and being compelled to act, we must take those steps which the prisoners’ rights demand. We have also to request that your excellency will produce or furnish the original commission constituting the court for the trial of piracy and murder and other offences committed on the high seas, dated at Westminster, April 11, 1829. A copy of this I got from Judge Parker, but the magistrate may require the original.
I have, &c.,
J. HAMILTON GRAY.
Mr. Tilley to Mr. Gray.
Sir: I am directed by his excellency the lieutenant governor to acknowledge the receipt of your letter of the 14th instant, addressed to his excellency.
As his excellency had, before the receipt of this letter, determined upon the course which he would pursue with respect to the matter of which it treats, and has already acted on that determination, he considers it unnecessary at present to discuss the questions raised by you when in ignorance of his excellency’s decision.
I have, &c.,