Mr. Burnley to Mr. Seward
Washington,
January 24, 1865.
Sir: With reference to my note of the 28th
December last, informing you that the Mary had been seized in the port
of Nassau by orders of the lieutenant governor, for an infringement of
the British foreign enlistment act, I have now the honor to enclose copy
of a despatch which I have received from Mr. Rawson, acquainting me with
the action taken with regard to the solicitor general of this colony,
who it appears had been retained and was acting for the defendants in
the matter.
The course pursued by the lieutenant governor seems to me to have been an
eminently wise and sensible one, as showing a proper appreciation as to
how English law should be administered, coupled with a friendliness of
expression towards the government of this country which it gives me much
pleasure to communicate to you.
I have the honor to be, with the highest consideration, sir, your most
obedient, humble servant,
Hon. William H. Seward,
&c., &c., &c.
[Page 53]
[Extract.]
Mr. Rawson to Mr. Burnley
Government House, Nassau,
January 14, 1865.
Sir: I deem it advisable that you should be
made acquainted with the fact, that in consequence of my having
become aware that Mr. Solicitor General Burnside had been retained
and was acting for the defendants in the matter of the steamer Mary,
seized by my orders in this port, of which you have already received
notice, I immediately required that gentleman to resign his brief or
his office.
2. Mr. Burnside pleaded his right to act against the Crown, under a
general license which he possesses in all cases in which the
attorney general does not require his services. But I informed him
that this was not a case contemplated in his general license; that
although his services were not required to assist in the
prosecution, it was not fitting that he should appear against the
Crown, and the United States government, which is interested in the
due enforcement of the foreign enlistment act in this case, would
learn with surprise, and might complain with reason, that while one
law officer was enforcing the provisions of the act, another was
engaged in opposition to him, and it would be difficult to convince
them that this was not with the consent or approval of this
government.
3. Mr. Burnside, in consequence, elected to resign his office. * * *
*
