honour to transmit herewith in translation, I would venture to call you Lordship's attention to the following points:

1. That not more than in any of Baron Schleinitz's official communications is the question respecting the legality of the detention of Captain Macdonald, as affected by the absence for a longer space than twenty-four hours of a sufficient warrant of detention, satisfactorily disposed of.

2. That the disciplinary inquiry, instead of extending to the whole of M. Möller's conduct, would seem from the wording of the paragraph in question' to have been restricted solely to the language used by him in Court.

3. That it seems to argue a want of courtesy on the part of the Prussian Government in a matter in which Her Majesty's Government is so nearly concerned, to allow of the first intimation of the termination of the inquiry, and of its results, to be made in a public newspaper.

I have, &c.

Inclosure in No. 30.

Extract from the "Preussische Zeitung,' of November 10, 1860.

(Translation.)

Berlin, November 10, 1860.

THE Macdonald affair has already been discussed usque ad nauseam. It has been proved by witnesses, whose depositions have been made on oath, that the Captain opposed the ingress of two newly-arrived passengers into the coupé in which he himself was, and that he replied to the directions of the Railway Inspector, who had been summoned by the said passengers to their assistance, with a blow. The Railway Inspector being inclined to take no serious notice of the ill-treatment which he had personally experienced, but to regard the affair simply in the light of an offence against the railway regulations, was ready to set Captain Macdonald, together with his travelling companions, who remained behind with him, at liberty on the payment of the prescribed caution-money: to this Captain Macdonald would not consent. Injurious expressions on the part of the companions of the offender hereupon induced the Railway Inspector to deliver Captain Macdonald over to the custody of the Police. Immediately on the day of the arrest Captain Macdonald was examined before the functionaries of Police, and, within the twenty-four hours prescribed by law, before a Judge competent to conduct the (preliminary) investigation. So far from the prisoner being justified in complaining of errors of form which were taken advantage of to his prejudice, he had much more reason to rejoice at the celerity with which the whole proceeding was carried on, and at the mildness of the definitive sentence. The Court, instead of pronouncing him guilty of resistance to an official whilst in the discharge of his duty, merely found him guilty of insulting behaviour, and was satisfied with sentencing the accused to the payment of a fine.

Such are the facts which led the "Times" to the opinion that the laws of Prussia appeared to have been "made by savages, and administered by ruffians."

The room in the debtor's prison in which Captain Macdonald passed his nights, and the one in the same building destined for the lawyers, in which he spent the day, were the "dark hole" and the "filthy dungeon" of which the "Times" gave its readers so horrible a description.

In the course of the trial, the Staats Procurator, who acted as prosecutor, allowed himself to be drawn into the expressions which were construed as an insult to the English nation. The disciplinary inquiry, instituted for the purpose of verifying this expression, has just been brought to a close, and the result of it proves that the Staats Procurator at all events spoke only of the English who travel on the Continent, and that the meaning and application of his words, taken in their proper connection, were not intended to attach even to the whole of this category, but only to such as pleased to behave themselves on the Continent in the manner further described in the speech. For the rest, it follows of course that the conduct of the Staats Procurator will finally be udged as those laws of our country which apply to it prescribe.

(Extract.)

No. 31.

Lord J. Russell to Lord Bloomfield.

Foreign Office, November 14, 1860.

I HAVE to instruct your Lordship to procure without delay the best legal opinions upon Captain Macdonald's case. It is desirable that they should, if possible, be obtained from lawyers of established reputation.

You will also procure and send copies of the depositions and judgment upon the trial of Captain Macdonald.

No. 32.

My Lord,

Lord Bloomfield to Lord J. Russell.—(Received November 19.)

Berlin, November 17, 1860.

I HAVE the honour to acknowledge the receipt of your Lordship's despatch of the 14th instant, directing me to procure the legal opinion upon Captain Macdonald's case, and I beg leave to inform your Lordship that, previous to the receipt of this instruction, I had been in communication with an eminent lawyer of Berlin on this subject.

As a preliminary step, I have caused a letter to be written to M. Schöler, the advocate who defended Captain Macdonald at his trial, desiring him to send me an accurate report of the facts connected with the arrest and imprisonment of Captain Macdonald, which may be submitted to a lawyer for the purpose of obtaining his opinion as to the legality or illegality of the procedures. M. Schöler is also directed to obtain copies of the depositions and judgment upon the trial, and, if he cannot do so, to inform me in what way they are to be obtained.

I have, &c. (Signed)

BLOOMFIELD.

No. 33.

Lord J. Russell to Lord Bloomfield.

My Lord, Foreign Office, November 21, 1860. IN reply to your despatch of the 17th instant I have to inform your Lordship that I approve the steps you have taken for procuring the best legal opinion upon Captain Macdonald's case, and for obtaining the most accurate report of the proceedings which have already taken place in the matter.

I am, &c.

My Lord,

Lord Bloomfield to Lord J. Russell.—(Received November 26.) Berlin, November 24, 1860. WITH reference to my despatch of the 17th instant and to your Lordship's dated the 21st instant, I regret to have to inform your Lordship that, in consequence of the illness of M. Schöler, the advocate employed by Captain Macdonald, considerable delay is likely to occur in obtaining accurate reports of the proceedings which have already taken place in the affair in which that gentleman was concerned at Bonn in September last.

I have now directed Her Majesty's Consul at Cologne to procure the papers that are required.

I have, &c.

No. 35.

Lord Bloomfield to Lord J. Russell.-(Received December 3.) My Lord, Berlin, December 1, 1860. WITH reference to my despatch of the 24th ultimo, I have the honour to inform your Lordship that Mr. Consul Crossthwaite being unable to obtain the papers connected with the legal proceedings instituted against Captain Macdonald at Bonn, I have applied for them to the Prussian Government, and inclose herewith for your Lordship's information a copy of the note which I have addressed to Baron Schleinitz on this subject.

M. le Baron,

Inclosure in No. 35.

Lord Bloomfield to Baron Schleinitz.

Berlin, November 29, 1860. HER Majesty's Government having instructed me to forward to them authenticated copies of the depositions and other official acts connected with the trial of Captain Macdonald, as well as of the judgment passed by the Court on that occasion, I have recourse to the good offices of your Excellency to obtain these documents for me.

I find myself obliged to trouble your Excellency with this request, as the counsel employed by Captain Macdonald, from whom I expected to receive this information, is not in a position to furnish me with it, and I am told that I can only obtain it through your Excellency's mediation.

I avail, &c.

Lord Bloomfield to Lord J. Russell.—(Received December 3.)

Berlin, December 1, 1860.

My Lord, WITH reference to my despatch of the 10th ultimo, in which I for warded the copy of a note which I had addressed to Baron Schleinitz requesting that permission be given for the examination of certain important witnesses in the libel case which followed the arrest and trial of Captain Macdonald at Bonn, I have the honour to inclose a copy of the answer which I have just received from his Excellency, stating that though he believes most of those persons whose testimony could be of value to the English concerned in the protest have already been examined, he is ready to propose to the Minister of Justice to meet the wishes of the defendants.

JE m'empresse de vous informer en réponse à votre lettre du 9 de ce mois, qu'il résulte des actes relatifs à l'enquête disciplinaire qui a été ouverte contre le Procureur du Roi, M. Möller, à Bonn, que dans cette procédure déjà un grand nombre de témoins a été entendu pour constater de quels termes ce Magistrat s'est réellement servi le 18 Septembre dernier dans sa réponse au plaidoyer du défenseur de M. le Capitaine Macdonald.

Parmi ces témoins ont figuré aussi le défenseur même de M. Macdonald, Avocat Schöler, et M. Crossthwaite, Consul de Sa Majesté Britannique à Cologne.

Il paraît donc que les témoins dont l'audition importe surtout aux Anglais signataires de la protestation dans l'affaire de M. Macdonald, ont déjà été entendus sous la foi du serment. Pour le cas où il n'en serait pas ainsi, je suis tout prêt à interposer mes bons offices auprès de M. le Ministre de la Justice pour que ceux des témoins qui n'auraient pas encore été entendus soient assignés subséquemment pour en recueillir les dépositions; mais il faudrait pour cela que le Gouvernement connût les noms des personnes dont les Anglais à Bonn demandent encore l'audition par procès-verbal.

En vous priant, Milord, de vouloir bien en ce cas m'en faire parvenir la liste spéciale et nominative, j'ai, &c.

(Signé)

(Translation.)

SCHLEINITZ,

My Lord,

Berlin, November 30, 1860.

I HASTEN to inform you, in reply to your letter of the 9th instant, that it appears from the records relating to the disciplinary inquiry which has been set on foot into the conduct of the Procureur du Roi, M. Möller, at Bonn, that a great number of witnesses have already been examined, to prove what were the terms really employed by that Magistrate on the 18th of September last, in his reply to the pleadings of Captain Macdonald's counsel.

Among these witnesses appeared Captain Macdonald's counsel, the Advocate Schöler, and Mr. Crossthwaite, Her Britannic Majesty's Consul at Cologne.

It appears, therefore, that the witnesses whose examination is most important to the Englishmen, who signed the protest in Mr. Macdonald's affair, have been already heard on oath. In case it should not be so, I am quite ready to use my good offices with the Minister of Justice in order that those witnesses who have not yet been examined may be subsequently summoned, in order that their depositions may be taken; but to do this the Government ought to know the names of the persons whose examination, by procès-verbal, is demanded by the English at Bonn.

Requesting you, my Lord, to be good enough in this case to let me have a special list, giving their names, I have, &c.

No. 37.

I have, &c.

My Lord,

Lord Bloomfield to Lord J. Russell.-(Received December 6.)

Berlin, December 4, 1860.

I HAVE the honour to transmit copies of a note from Baron Schleinitz of the 30th ultimo, and of its inclosures, a translation of one of which is also forwarded, on the Macdonald affair.

Your Lordship will perceive, by a perusal of these documents, that the Prussian Government have taken pains to bring to light the truth of the whole transaction, and have caused witnesses on both sides to be carefully examined, whose testimony is placed on record in the Inclosure No. 3.

The only result of these proceedings has been a reprimand addressed to M. Möller by the Minister of Justice, and we must wait to see whether this measure may not have an advantageous influence on the subject of the inquiry instituted at Bonn against the English who had inserted in the newspapers a protest against the language held by M. Möller at the trial of Captain Macdonald, and are, in consequence, accused of libelling a public functionary.

I have, &c.

Milord,

Inclosure 1 in No. 37.

Baron Schleinitz to Lord Bloomfield.

Berlin, le 30 Novembre, 1860.

EN me référant à mes offices du 9 et du 29 du mois passé, relatifs à l'affaire de M. le Capitaine Macdonald, j'ai l'honneur de vous informer que l'enquête dirigée contre le Procureur du Roi, M. Möller, est maintenant terminée, et que les actes complets des divers débats auxquelles l'affaire en question a donné lieu devant le tribunal de Bonn ont été placés sous les yeux de M. le Ministre de la Justice.

En considération de la grande importance que le Gouvernement de Sa Majesté Britannique a attachée aux faits qui se sont passés à Bonn, M. le Ministre de la Justice a jugé convenable de faire extraire des dossiers de ces procédures un exposé détaillé, contenant en particulier toutes les dépositions des témoins les plus dignes de foi. J'ai l'honneur de transmettre ci-joint à votre Excellence une copie de cette pièce.

En appelant, Milord, votre attention sur les observations consignées dans le "Pro Memoria" que j'ai aussi l'honneur de vous adresser ci-joint, je vous prie de les regarder comme résumant la manière dont le Gouvernement de Son Altesse Royale envisage cette affaire. J'aime à croire que le Gouvernement de Sa Majesté Britannique, en vue de la réprimande qui va être adressée à M. Möller, n'hésitera pas à considérer comme terminé d'une façon satisfaisante un incident que le Gouvernement Prussien a vivement regretté.

Quant à l'effet que la peine infligée à M. Möller peut être appelée à produire sur le résultat de l'enquête ouverte à Bonn contre les Anglais qui résident dans cette ville, ce n'est qu'au tribunal compétent qu'il appartient d'en

décider.

WITH reference to my communications of the 9th and 29th ultimo, relative to the affair of Captain Macdonald, I have the honour to inform you that the inquiry into the conduct of the Procureur du Roi, M. Möller, is now terminated, and the full reports of the various discussions to which the affair in question gave rise, before the Tribunal at Bonn, have been laid before the Minister of Justice.

In consideration of the great importance which the Government of Her Britannic Majesty has attached to the events which have passed at Bonn, the Minister of Justice has thought it right to have a detailed account extracted from the reports of the proceedings, containing especially all the depositions of the most reliable witnesses. I have the honour to transmit herewith to your Lordship a copy of this docnment.

In calling your attention, my Lord, to the observations in the "Pro Memoriâ " which I have also the honour to forward to you herewith, I beg you to look upon them as resuming the view which the Government of His Royal Highness takes of this affair. I trust that the Government of Her Britannic Majesty, looking at the reprimand which is about to be addressed to M. Möller, will not hesitate to consider as satisfactorily terminated an incident which the Prussian Government deeply regrets.

As to the effect which the penalty inflicted on M. Möller may have on the result of the proceedings opened at Bonn against the English residents in that town, the proper tribunal can alone decide thereupon.

I have, &c.