852 Mr. Seward to Feb. 24 Mr. Adams.
Lord Lyons to Feb. 29
Earl Russell.
Incloses decision of the vice-admiralty 338
court of Nova Scotia, which directs the
delivery of the Chesapeake and her cargo
to the owners, upon payment of costs. He
has directed the owners to pay the costs
under protest. United States still adheres
to the opinion that it was its right to have
an unconditional restitution of the vessel
and her cargo by executive authority
without waiting for an adjudication;
nevertheless it accepts the restitution in
the form in which it has been adjudged
and leaves further claim for future con-
sideration. Is satisfied with the manner
in which the proceedings have been con-
ducted.
Transmits copy of Mr. Seward's dispatch to 339
United States consul at Halifax, which
states that while the United States gov-
ernment still adheres to the opinion that
the delivery of the Chesapeake ought to
have been made unconditionally by ex-
ecutive authority, it is gratified with
friendly proceedings of the governor of
Nova Scotia, and appreciates the impartial
spirit by which the vice-admiralty court
has been guided.
Earl Russell to Mar. 11 Acknowledges Lord Lyons's dispatch of Feb- 340
Lord Lyons.
ruary 1. As the case seems to be disposed
of by the court, there is no necessity for
dwelling on the views of Mr. Seward. Mr.
Seward can hardly be ignorant that so far
as the extradition of the men is concerned
it would have been improper to proceed
otherwise than according to law.
The Duke of New- Mar. 12 Approving his proceeding in the case of the 340
castle to Major
The Duke of Mar. 12 Approving his proceeding in the case of the 340
States that the reasons for the release on a 341
writ of habeas corpus of the parties who
were arrested for complicity in the seizure
of the Chesapeake, seems to be erroneous
and inconclusive, and at variance with the
treaty of Washington, and hopes that the
proceedings may not be final.
Information having been received that four 341
or five of the pirates who captured the
Chesapeake had returned to New Bruns-
wick, Mr. Seward requests that the neces-
sary warrants be issued for their extradi-
tion.
States that the attention of the proper au-
thorities will be called to his note of the
23d.
Feb. 15 Incloses dispatch from lieutenant governor 342
of New Brunswick, which states that no
efforts will be spared to secure the imme-
diate arrest of the parties.
Mr. Seward to
Mr. Burnley.
States that Linus Seely, one of the Chesa- 344
peake captors, has been arrested at St.
John.
Feb. 18 Requesting that the thanks of the govern- 344
ment be conveyed to the lieutenant gov-
ernor of New Brunswick for the zeal mani-
fested by him in adopting measures for
the arrest of Braine.
Has telegraphed the authorities of New
Brunswick relative to the detention of
Seely. Suggests that the machinery of
the law on this side be put in motion.
States that the necessary measures have
been taken to meet the requirements of
the provincial law.
Mr. Burnley to
Mr. Seward.
Mr. Seward to
Mr. Burnley.
Mr. Burnley to
Mr. Seward.
Mr. Burnley to Mar.
Mr. Seward.
Incloses dispatch from Mr. Gordon showing 345
the steps taken by the authorities of New
Brunswick to secure the apprehension of
the captors of the Chesapeake.
States that the diligence and friendly action
of the authorities of New Brunswick are
highly appreciated.
6 Requesting the extradition of Vernon G.
Locke, charged with piracy on board the
Chesapeake.
In view of the proceedings heretofore adopt- 346
ed in similar cases, it is expected by the
United States government that Seely
should be surrendered, or a fair trial should
be had in New Brunswick, if the surrender
is declined.
9 The lieutenant governor of New Brunswick 346
will do what he can, either to surrender
the criminal or to bring him to trial in
the province. In view, however, of the
ruling of the courts, Mr. Burnley is inclined
to think that if Seely is committed, it will
not be for extradition, but for trial in New
Brunswick.
Mr. Seward to Mar. 13
Mr. Burnley.
Mr. Burnley to April 18 Incloses dispatch from Governor Rawson, 347
Mr. Hunter.
requesting the United States to supply
such evidence of the nature and circum-
stances of the alleged crime, of the iden-
tity of Locke, and of his participation in
said crime, as will satisfy the requirements
of the colonial laws.
Mr. Hunter to Sir | April 24 | Waiving a consideration of the question 348
F. Bruce.
whether the delivery of Locke could be
claimed pending his trial, Mr. Hunter
states that the United States consul at
Nassau has been furnished with such docu-
ments as it is believed will fill the require-
ments of the treaty and the laws in force
in the Bahamas.
April 25 Requesting the authentication of the British 348
legation to certificate of Department of
State attached to certain papers relating
to the extradition of Vernon G. Locke.
Mr. Adams to May 25
Mr. Hunter.
Incloses note from Earl Russell which states 349
that it appears to her Majesty's govern-
ment that the United States are not enti-
tled to the extradition of Locke until he
shall have been tried for the offenses com-
mitted against British law, and if con-
victed shall have undergone any sentence
which may be passed upon him. Her Ma-
jesty's government, however, will waive
their right to prosecute Locke, if the evi-
dence upon the charge of seizing the
Chesapeake shall prove sufficient to justify
extradition.
1481 Mr. Seward to July 20 Calls attention to the fact that John C. 350 Mr. Adams.
1039 Mr. Adams to Sept. 7 Mr. Seward.
Mr. Seward to Jan. 16.
Lord Lyons.
Lord Lyons to Jan. 18
Mr. Seward.
Braine, who was connected with the seizure
of the Chesapeake, has again made his
appearance at Kingston, Jamaica, having
arrived there in the St. Mary's, a vessel
captured by him in Chesapeake Bay, and
requests that a representation of the case
be made to the British government, and
at the same time demands the restoration
of the vessel to its owners.
Incloses his note to Earl Russell making a
demand for the restoration of the St.
Mary's. Earl Russell's acknowledgment
is also appended.
Gives an account of his proceedings and 351
those of the colonial authorities at Belize
concerning the Joseph L. Garaty, an
American vessel captured by her passen-
gers while on a voyage from Matamoras
to Havana. The flag of the insurgents
having been hoisted, and her name
changed to the Eureka, she went to Belize
and disposed of her cargo.
States that as the persons concerned in the 357
capture of the Joseph L. Garaty have pro-
bably escaped beyond the jurisdiction of
the authorities of Belize, and that, if they
should hereafter be found there, or in any
other part of her Majesty's dominions,
their delivery to the United States will be
expected, the restitution of the vessel
will also be expected.
Lord Lyons will lose no time in forwarding 358
Mr. Seward's note of the 16th instant to
his government.
273 Mr. F. W. Sew- Jan. 18 Incloses letter from United States district 358
attorney for New York, which gives a de-
scription of the parties who captured the
Joseph L. Garaty, and states that they
have taken passage in the Carlos, bound
for Liverpool. Mr. Seward directs Mr.
Dudley to adopt measures for their extra-
dition, and also to inform Mr. Adams of
the circumstances of the case and act
under his instructions.
876 Mr. Seward to
Mr. Adams.
625 Mr. Adams to Mr.
Seward.
246 Mr. Dudley to Mr. Seward.
878 Mr. Seward to Mar. 21 Mr. Adams.
The prisoners remanded until next week by 363
Mr. Raffles, to give them an opportunity
to produce evidence in proof of their
statement that they were acting under
confederate authority.
Acknowledging Mr. Adams's No. 601, and 363
approving his proceedings.
The proceedings at Liverpool in the case of 363
the pirates of the Joseph L. Garaty are very
slow. The magistrate has repeatedly post-
poned a decision for the purpose of giving
the parties time to show some authority
for their acts.
Mar. 19 Adjournment of the case of the pirates of 363
the Joseph L. Garaty to enable the pris-
oners to sue out a writ of habeas corpus.
Trusts that Mr. Adams is doing all that can
be done to secure a surrender of the pirates
of the Joseph L. Garaty.
248 Mr. Dudley to Mar. 23 Incloses report of proceedings before the
Mr. Seward.
police court at Liverpool on March 19.
The case, as it now appears, is to be taken
to London.
896 Mr. Seward to April 4 The delay exhibited in the case of the 365 Mr. Adams.
pirates of the Joseph L. Garaty is regarded
by the President with surprise and anxi-
ety. The persons engaged in the capture
of the Chesapeake have been set free. It
is to be hoped that the action of the home
judiciary in the case of the pirates of the
Joseph L. Garaty may not be found as
objectionable and injurious as that of the
authorities of New Brunswick in the case
of the Chesapeake.
April 5 Mr. Dudley has stated that the case of the 366
extradition of the pirates who captured
the Joseph L. Garaty is to be removed to
London. Instructions in regard to the
questions involved in that case, as also
Lord Lyons to
Mr. Seward.
that of the pirates of the Chesapeake, will probably be forwarded next steamer. April 8 Incloses his note to Lord Russell, which is accompanied by two notes from Mr. Dudley, concerning the delay in the case of the pirates of the Joseph L. Garaty. Mr. Adams informs Lord Russell that the action of the magistrate has a tendency to annul the treaty stipulations in the present case, and presents the grave consequences which would follow if the example set by Great Britain were followed by the United States. Lord Russell's acknowledgment is also appended.
April 14 Incloses Lord Russell's note of the 8th 368
instant. The postponements in the trial
of the pirates of the Joseph L. Garaty are
made under authority from the govern-
ment. Mr. Adams thinks that proper
commissions from Richmond will be made
and forwarded in season to effect their
release.
April 22 Informs Mr. Seward that the Joseph L. 368
Garaty has been made over to the com-
mercial agent of United States at Belize
by the colonial authorities there.
672 Mr. Adams to Mr. | April 28 Incloses report of proceedings in the case of 369 Seward.
the pirates of the Joseph L. Garaty before
the Court of Queen's Bench, April 25.
932 Mr. Seward to May 3 Receipt of Mr. Adams's No. 657. The United
Mr. Adams.
States has quite clear convictions of its
rights under the extradition treaty. These
views will be submitted without consider-
able delay.
Mr. Seward to May 5 Expresses thanks for the information con-
Lord Lyons.
tained in Lord Lyons's note of the 22d
ultimo.
276 Mr. Dudley to May 11 Incloses report of proceedings in the case
685 Mr. Adams to Mr. May 12
286 Mr. Dudley to May 25 Mr. Seward.
of the pirates of the Joseph L. Garaty before the Court of Queen's Bench, May 9, and comments upon them. Incloses report of proceedings before the Court of Queen's Bench of May 9. The decision of the questions involved in the case must have an important bearing on the efficacy of the provision of the extradition treaty hereafter. Has received a telegram from Mr. Squarey, 371 which states that the court in the piracy case is divided. Chief Justice in our favor; the other three judges against us, on ground that piracy means piracy, exclusively triable in America. Prisoners ordered to be discharged.
700 Mr. Adams to Mr. May 26 Incloses report of final proceedings in the 371 Seward.
Court of Queen's Bench on the applica-
tion for the rendition of the pirates of
the Joseph L. Garaty. The result turns
upon technical construction of language
rather than on broad principles.
Incloses report of proceedings before the
Court of Queen's Bench, on May 24 and
|