commend the case to renewed consideration. You inform me that her Majesty's government has every disposition to take a merciful view of events which may have arisen in part from ignorance or perverted sentiment; but it also owes a duty to the peaceful inhabitants of Canada, whose country had been made the object of a criminal attack, and would not be discharging that duty if it allowed it to be supposed that persons who, like Lynch, shared in the invasion of an unoffending country, should escape the punishment which their acts had invited on the ground of an allegation which, even if it were true, would amount to no more than this: that his object was not to engage personally in acts of violence, but only to give encouragement to those who did. The views which I have had the honor to submit, with a recommendation of clemency in the case of Mr. Lynch, were that the evidence on the trial sufficiently established the fact that Lynch never united with any so-called Fenian organization, and that he constantly denounced their schemes as visionary and impracticable. Without denying that his conviction was lawful, it seemed to me that the British government nevertheless might find reasonable ground for believing that he did not intend to encourage those who engaged in acts of violence; and that the absence of this intention, qualifying the question of moral guilt, might well be taken into consideration upon an appeal or recommendation to the clemency of the British government. It was believed that the special clemency recommended would produce a favorable influence upon public opinion in the United States. I frankly confess to the opinion that although statutes, executive proclamations, and judicial decisions have all concurred in treating the aggression of the so-called Fenian raiders into Canada as merely a municipal crime, the transaction nevertheless partook of a political character, and had relations and connections with movements of that character that have widely manifested themselves, not only in Canada and in Great Britain, but in the United States also. In dealing with all such movements it is always a practical question how far magisterial benignity can be wisely mingled with judicial severity. All experience shows that clemency to political offenders may at times be legitimately exercised with advantage for preserving peace and public order. The recommendation in the case of Mr. Lynch proceeded upon the belief that his discharge from imprisonment would, under the cir cumstances, be very conducive to the preservation of peace and a good understanding between the United States and Great Britain. The disposition of the subject, however, properly belongs to her Majesty's gov ernment. Time must pronounce between this government and your own upon the wisdom of the decisions at which they have arrived. I have the honor to be, sir, with the highest consideration, your obedient servant, WILLIAM H. SEWARD. FRANCIS CLARE FORD, Esq., &c., &c., &c. Lord Stanley to Mr. Thornton. [Communicated by the British legation.] FOREIGN OFFICE, March 21, 1868. SIR: I have already informed you that her Majesty's government would endeavor to frame a draft of treaty which might be acceptable both to England and to the United States, and that in the meanwhile you should assure Mr. Seward that the matter was under the serious consideration of your government. I regret to say that the more the subject has been examined the greater has been found to be the legal difficulties with which the question is surrounded. The matter might be disposed of with comparative ease if no other party but the one naturalized were to be affected by the renunciation or remission of natural allegiance, though, even in that case, it would be necessary to determine whether such renunciation or remission should be absolute, or whether readmission into the fold of original allegiance should be permitted, and if so on what terms and under what condition? But other and more complicated matters arise when questions of descent, succession, title to property, and the general bearing of municipal laws adapted to the existing state of things have to be considered, and much difficulty might arise and much litigation occur in the courts, and many questions might come into discussion between governments, unless such matters were duly weighed and discussed, and definite principles by which all such difficulties should be obviated were adopted between the countries concerned, and were sanctioned by their respective legislatures. As regards this country, if the principles of the Prussian treaty were to be adopted as the groundwork of a treaty between Great Britain and the United States, it would be necessary to consider the bearing which such a treaty would have not only on the common and statute law but also on the legislation of British colonies; and considering the close resemblance between the law and procedure of this country and those of the United States, the same process would doubtless have to be gone through there; and in both it would probably be found that a considerable revision of the law would be required to enable a naturalization treaty to work smoothly. The only instruction, therefore, that her Majesty's government feel can now be safely given to you, is that you should assure Mr. Seward of their anxious desire to act in concert with the government of the United States in endeavoring to devise some effectual means for setting at rest this important and intricate question. The obstacles to immediate action which they see are of a legal, not of a political character. They disclaim the idea of desiring to maintain and enforce the doctrine of indefeasible allegiance, and are quite willing to adopt the principle of expatriation, which they think ought properly to be conceded by a government which for many years past has sanctioned, and even encouraged, an extensive emigration of British subjects to foreign states. It is their intention at once to institute an inquiry into the legal bearings of the question, and they hope that the result of this inquiry may be the production, without unnecessary loss of time, of a well-considered and satisfactory measure. You are at liberty to communicate this dispatch to Mr. Seward, and to give him a copy. I am, &c., EDWARD THORNTON, Esq., C. B., &c., &c., &c. Mr. Thornton to Mr. Seward. STANLEY. WASHINGTON, March 23, 1868. SIR: I have the honor to transmit to you copy of a dispatch addressed to Lord Stanley by Mr. Jorningham, her Majesty's chargé d'affaires at Lima, inclosing copy of a letter addressed to him by the United States consul at Lambayeque, on the subject of the ill treament of two British subjects by the revolutionary forces in North Peru, and I have been instructed by his lordship to express to you the thanks of her Majesty's government for the friendly conduct of the United States consul in this matter. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., &c., &c. EDWARD THORNTON. Mr. Jorningham to Lord Stanley. BRITISH LEGATION, Lima, January 27, 1868. MY LORD: I beg to forward to your lordship copy of a letter which I have received from the United States consul at Lambayeque, North Peru, who has kindly informed me, (we having no agent in that place,) at the wish of a British subject, that during the late depredations in that province, and others subsequent to the triumph of the revolutionary forces at Chiclayo, two commercial establishments of a British subject, named Mr. Feeley, had been sacked and destroyed, that he had been put in prison by sub-prefect Tello, for consulting with the United States consul how to make known his misfortunes, and that another Englishman had been ill treated and beaten. Directly I am informed that an administration has been formed, I will go and see the minister for foreign affairs in this serious matter. In the mean time I have written to the United States consul, thanking kindly for the interest he has taken in behalf of British subjects; and I have also written privately to her Majesty's vice-consul at Payta, requesting precise information and an exact report on the subject of Mr. Feeley's losses. I went also this morning to General Hovey to inform his excellency that I had received a letter from Mr. Consul Mountjoy, and expressed to his excellency my best thanks for what the United States consul at Lambayeque had done. It appears the property in the same district, I believe, belonging to a North American, has also been damaged, they say to the amount of $60,000. I have, &c., Lord STANLEY, M. P., &c., &'c., &'c. Mr. Mountjoy to Mr. Jorningham. WM. S. JORNINGHAM. CONSULATE OF THE UNITED STATES OF AMERICA, YOUR EXCELLENCY: I have the honor to say that this moment Mr. James Feeley, a very respectable English merchant, has sent to request me to inform the representative of her Britannic Majesty that some days since, in the general work of destruction and devastation that has been committed in this province and others adjoining by the public authorities, his two commercial establishments have been completely sacked and destroyed to the amount, more or less, of $30,000; and having to-day visited me to consult as to the best means of bringing these circumstances to your knowledge, he has been arrested, placed in prison, and heavily ironed, by order of the sub-prefect of the province, Thomas Tello. Another unwarrantable outrage has been committed on the person of Mr. Thomas A. Batt, an English subject, who was so brutally beaten by armed emissaries of the authorities, a few steps from his own door, that his life has been in danger for a few days. I can justly say, in favor of Messrs. Feeley and Batt, that they are and have been entirely neutral in the revolution that is distracting this part of Peru, and can imagine no cause whatever for these outrages. Should your excellency desire to know the state of affairs in this part of Peru, his excellency General Hovey, minister of the United States, will give you the substance of my last dispatches to him, and I can only say, in addition, that some decided steps should be taken by foreign ministers to prevent and punish such outrages as are at present being committed upon foreigners of all nations. I have, &c., Mr. Thornton to Mr. Seward. WASHINGTON, March 23, 1868. SIR: I have been instructed by Lord Stanley to lay before you that information has been received by her Majesty's government of an intended Fenian raid on Canada, in the course of next spring, in which General O'Neil is represented as likely to play a prominent part. The information that I have myself received of late, whether correct or not, is to the same effect, and that some action on the part of the Fenians in that sense may be expected at any moment. If, however, there be any truth in such statements, of which you are doubtless better able to judge than myself, I am desired by Lord Stanley to invite the attention of the United States government to the subject, and to say that her Majesty's government will not allow themselves to doubt of their willingness to defeat by every legal means in their power any attempt to organize in the United States, and to carry into execu tion, any hostile enterprise against her Majesty's dominions in North America. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., &c., &c. EDWARD THORNTON. Mr. Seward to Mr. Thornton. DEPARTMENT OF STATE, SIR: Referring to your communication of the 23d ultimo, relative to the ill treatment of two British subjects by the public authorities in North Peru, and to the proceedings of the United States consul at Lambayeque in regard thereto, I have the honor to inclose for your information a translation of a note* of the 1st instant, upon the subject, which Mr. Garcia, the Peruvian minister, has addressed to this department. I have the honor to be, with the highest consideration, sir, your obedient servant, EDWARD THORNTON, Esq., &c., &c., &c. WILLIAM H. SEWARD. Mr. Seward to Mr. Thornton. DEPARTMENT OF STATE, SIR: I have the honor to transmit for your information a copy of a dispatch of the 28th ultimo, from the chargé d'affaires of the United States at Mexico, respecting the arrest of foreigners in various parts of that country. I have the honor to be, with the highest consideration, sir, your obedient servant, EDWARD THORNTON, Esq., &c., &c., &c. WILLIAM H. SEWARD. *For this inclosure see correspondence with the Peruvian legation. + For this inclosure see correspondence with the United States at Mexico. Mr. Thornton to Mr. Seward. WASHINGTON, May 9, 1868. MY DEAR MR. SEWARD: I give you a copy of a telegram which I have just received from Lord Stanley: "Nagle, Nugent, Leonard, Lee, and Fitzgibbon, having signed a doc ument acknowledging that they came in the Jacmel, and expressing their regret for having done so, have been set free, and were to sail yesterday for America." Sincerely yours, Hon. WILLIAM H. SEWARD, &c., &c., &c. EDWARD THORNTON. Mr. Seward to Mr. Thornton. DEPARTMENT OF STATE, MY DEAR SIR: You have already called my attention to rumors of projected Fenian raids into Canada. The Canadian press is spreading excitement and alarm on the same subject. There are indications, if not of such movements, at least of a disposition on the part of some individuals to get up such movements presently. I need not repeat here that these incidents are engaging the attention of this government. I think it important, however, that her Majesty's government should now distinctly understand the President's opinion concerning the present situation of the Fenian question as a subject of international difficulty. Whatever danger there may be of a disturbance of the peace of the frontier at the present time, that danger is altogether due to the omission by the British government to seasonably remove, either by legislation or by negotiation, the indefensible features of British policy on the subject of the rights of naturalized citizens of the United States. I yesterday instructed Mr. Moran to sound the British government on the subject of negotiating a treaty similar in effect to the provisions of the treaty between the United States and North Germany. In asking your attention to the subject once more, I do so with a view of averting from this government undue responsibility in the event of new frontier collisions, especially liable to occur in a season of high politi cal excitement in both countries. I am, my dear sir, very faithfully, yours, EDWARD THORNTON, Esq., &c., &c., &c. WILLIAM H. SEWARD. [Telegram, dated Ottawa, May 31, 1868.] To his Excellency EDWARD THORNTON, British Legation: I have this telegram from a trustworthy source: "Head Center at Ogdensburg presented draft at Jodson's bank for several thousand dollars. It was sent to New York for collection, and money returned yes terday and delivered to him. Eight wagon loads of arms and ammunition passed through Russell and Edwardsburgh into interior, from DeKalb Junction, Thursday night, from Ogdensburg. All strangers have gone to Potsdam Junction and Point, between there and Malone." MONCK. |