whatever & particularly to His Majesty George the Third King of the United Kingdom of Great Britain & Ireland of whom he had heretofore been a subject. In testimony whereof I have hereunto affixed my name, with the seal of the supreme court aforesaid on this fourth day of Decemr. in the year of our Lord one thousand eight hundred and twenty two. [Q 334, p 17] JEREMIAH V. R. TENEYCK, Dep. Clerk S. C. T. M. GOV. LEWIS CASS TO JOHN ADAMS, SECRETARY OF STATE. Governor Cass to the Secretary of State. SIR, WASHINGTON, Decr. 29th, 1822. I have the honor to submit for your consideration a statement of the situation of John McDonnell Esqr. a respectable Citzen of the Territory of Michigan, and a Judge of one of the Territorial Courts. Mr. McDonnell is a native of Scotland, from whence he emigrated with his father at the early age of five years. The family settled in Albany, where they continued for nine years, till misfortune compelled them to remove to Canada where some of their near connexion resided. From Canada Mr. McDonnell removed in 1810 to Detroit where he has since lived. 4 At the commencement of the late war, with Great Britain, like all the other Inhabitants of the Territory, he was called to arms, & acted in defence of the Country, untill its surrender by the Capitulation of Detroit. On the re-occupation of the Territory by the American Troops & the re-organization of the Government, in 1813 he was appointed an officer in the Militia & as such in 1814 accompanied a Detachment of Detachment of our Troops in our Troops in an expedition into Upper Canada. Owing to circumstances, not necessary to particularize in this communication, a strong personal feeling was excited in the mind of Col. James the British Commanding Officer, who reoccupied the Western District of Upper Canada, on its evacuation by the American Troops, after the Treaty of Ghent, unfavorable to Mr. McDonnell. His wife's connexions live in that part of the province lying upon the Detroit River, and of course an intercourse with them was desirable. The sentiments of Col. James respecting Mr. MacDonell had been publickly disclosed & previous to crossing the River he consulted with Col. Butler, the commanding officer of the American Troops at Detroit. The latter conceived there would be no danger to his personal safety & so informed him. He made his intended visit, was arrested, confined in irons, & escaped. Afterwards an indictment was found against him, which has since been prosecuted, to outlawry, & in this situation the proceedings now remain. All personal intercourse with his friends in Upper Canada is cut off. He is anxious that the President should interpose his good offices with the British Government to procure from them instructions to the Canadian Authorities to reverse the outlawry & dismiss the prosecution against him. I trust that this procedure will be adopted & I cannot doubt for a moment, but that it will be effectual. His arrest and prosecution took place upon a remote frontier, immediately after the termination of the war, while its events and the feelings excited by it were fresh in the recollection of all. The storm fell heavily in that quarter, & as its effects were ruinous to the peace and prosperity so were they exacerbating to the feelings of the community divided by the Detroit Strait. Had time been given for cool reflection, & had not the commanding officer with his preponderating authority interfered, it is not probable, that this Individual would have been selected for so severe an ordeal. No other prosecution of a similar nature has been instituted in that Country, nor has any Individual who lived in Upper Canada, at the commencement of the late war, & who once owed allegiance to the United States been prosecuted in the Courts of the Territory of Michigan for any act connected with the war, & this, not because there were no persons in that situation, who afterwards fell into our power, for many native Citizens of the United States, and residents in Canada, accompanied General Brock in the Expedition, which led to the surrender of Detroit, and from an indisposition to add individual suffering to general misery, & from a wish to avoid giving practical effect to a principle more frequently claimed and defended, than acted on. Surely in this case, Justice does not demand this sacrifice, nor would there be either policy or magnanimity in making an example of an unimportant individual so long after the feelings connected with his conduct have subsided, & that too, when no instance of a similar prosecution can be found in the history of the two Countries. The Courts of the Territory of Michigan furnish a precedent of an interposition by the British Government, analagous in principle to the application herein made. In August 1815, Lieut Vidal of the British Navy, landed in that territory with a party of armed seamen from a British Vessel commanded by Commodore Owen. He seized and sent on board two deserters, but was himself apprehended, tried, convicted & sentenced for the offence, application was made by Commodore Owen to the British Ambassador, by whom the case was submitted to our Government. A pardon was in consequence granted by the President to Lieut Vidal. I enclose a certificate of the application made by Mr. McDonnell agreeably to the Laws of the United States for naturalization in 1810. The principle facts stated in this communication are within my own knowledge & all of them I believe will be found strictly correct. I ought not to conceal that I feel a warm interest for the person, whose situation has occasioned this application. An interest founded on an intimate knowledge of his character, conduct and sufferings & I confidently look forward to a favorable result. I am &c. &c. &c. Honble. J. J. Adams, Sec'y of State. [Q 334, p 18 ] LEW. CASS. RICHARD RUSH TO HON. GEORGE CANNING. The undersigned, envoy extraordinary and Minister Plenipotentiary from the United States, has the honor to enclose to Mr. Secretary Canning a copy of a letter, addressed by Governor Lewis Cass, to the Secretary of State, dated Washington Decr 29, the object of which is to request that the Government of the United States would interpose its offices with the Government of His Brittannic Majesty to obtain the reversal of certain proceedings of outlawry which have been had in Upper Canada against John McDonnell, a citizen of the United States, & a judge of one of the Courts in the Territory of Michigan; & the under signed has accordingly been instructed to ask that the authority of His Majesty's Government may accordingly be interposed to that effect. It appears from the letter of Governor Cass, that Mr. McDonnell although a native of Scotland, came at a very early age to the United States, of which notwithstanding an intermediate interruption of his residence there, he claims to be a Citizen, that in 1814, having accompanied a detachment of American Troops in an Expedition into Upper Canada, he was whilst on a visit to some family connexions living in that part of the Province; & after the termination of the war, arrested and put in irons, but that making his escape, the outlawry in question was prosecuted & still remains in force against him, cutting him off until this day from all intercourse with His Majesty's territories in that quarter. The undersigned abstains from entering further into the particulars of the above case, begging to refer to the letter of Govr. Cass, where they are stated; and he contents himself with the repression of a hope, that Mr. Canning, waving other considerations, will perceive a just ground for the interference requested, in the spirit of reciprocity which will doubtless be recognized as applicable to the case, when amongst the other particulars, mentioned by Governor Cass, it will be seen that the Government of the United States has iteslf been in the habit of acting towards the subjects of His Majesty-imitatis mutandis, upon the principle which in turn it now invokes in behalf of Mr. McDonnell. In appealing to this reciprocity the under signed feels assured that he holds up a principle which both Governments are desirous of cherishing & in nothing more than when it can be made instrumental towards abating any of the general miseries of war in favor of personal & domestic life. The undersigned avails himself of this opportunity to tender to Mr. Canning the assurances of his distinguished consideration. RICHARD RUSH, February 27, 1823. Rt. Hon. George Canning, &c. &c. &c. Endorsed: 41 Edwards St., Foley Place. Copy of a letter from Mr. Rush to Mr. Canning, rel. to Mr. J. McDonnell. [Q 334, p 14 ] MESSRS. ROBINSON, GRIFFIN AND COPLEY TO EARL BATHURST. 677 SIB, LORD FRANCIS CONYNGHAM TO R. WILMOT, ESQ. FOREIGN OFFICE, 5th March 1823. I am directed by Mr. Secretary Canning to transmit to you for the consideration of Lord Bathurst the accompanying copy of a note which has been addressed to him by the American Minister in this Country (together with its enclosures) soliciting, by desire of his Government, the Revocation of certain proceedings of Outlawry which have been passed in Upper Canada against John McDonnell, a citizen of the United States. I am R. Wilmot, Esqr., &c. &c. &c. [Q 334, p 13 ] Your most obedt. Servant FRANCIS CONYNGHAM. CHRISTO ROBINSON, WM. GRIFFIN AND J. S. COPLEY TO EARL BATHURST. MY LORD, DOCTORS COMMONS, 15th May 1823. We are honored with Your Lordships commands of the 3rd Instant, transmitting a Letter from Lord Francis Conyngham inclosing a copy of a note which has been addressed to Mr. Secretary Canning by the American Minister in this Country requesting that certain proceedings of Outlawry which have been passed in Upper Canada against John McDonnell may be revoked. And Your Lordship is pleased to request that we would take the same into consideration and report to Your Lordship our opinion, as to the steps necessary to be pursued in the event of His Majesty deeming it expedient to comply with the application of the American Government. In obedience to Your Lordships commands, we have the honor to report that in the event of His Majesty deeming it expedient to comply with the application of the American Government, the effect of the outlawry against John McDonnell, the legality of which, does not appear to be questionable, may be removed, either by a noli prosequi being entered upon the indictment, by the Attorney Gen |