Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth Congress

Mr. Seward to Mr. Adams

No. 1194.]

Department of State, Washington, December 19, 1864.

Sir: I have the honor to acknowledge the receipt of your despatch of the 25th of November last, No. 821. It is accompanied by a copy of the representation which under previous instructions you addressed to Earl Russell, on the special subject of the recent aggressions upon the Canadian border. The paper is accurate, elaborate, and comprehensive, and is therefore approved. I fear, however, that her Majesty’s government very imperfectly apprehend the exigency to which their attention has been called. Of course it is not known here what they may have done in the premises; but it is certain that while they have been either considering it, or overlooking it, the complications of the case have greatly increased.

In my despatch of the 14th instant, No. 1190, I informed you that Coursai, the provincial judge at Montreal, had set at liberty the felons who committed the crimes of robbery and murder at St. Albans. Subsequent information confirms the fact, with the addition that the money stolen to the amount, as is understood, of ninety thousand dollars, which was in the custody of the law, was delivered to the felons by the police, under the direction of the same judge, and that thus richly furnished with the spoils of our citizens, they were conveyed amid popular acclamations, in sleighs which had been prepared for their escape, from the court-room, beyond the reach of fresh pursuit. That the discharge of the prisoners was placed upon technical ground, now confessed to be erroneous, equally in law and in fact; that when new warrants were issued, the police were dilatory and treacherous in its execution, and that all efforts for the recapture of the culprits have thus far been unsuccessful. It is believed that they have already escaped from Canada, to find even more sure protection and favor in Nova Scotia. It is impossible to consider these proceedings as either legal, just, or friendly towards the United States.

On the other hand, I am just now informed that Burleigh, the pirate of Lake Erie, who was held under a warrant of another judge at Toronto, has not yet been set at liberty. But while disappointment, disgust, and regret on account of the escape of the felons at Montreal are expressed by the Canadian authorities, and while the expression is believed to be sincere, yet we have no authentic information that any proceedings have been taken to vindicate the so-called neutrality of the British provinces, or prevent repetition of the injuries of which we complained, other than the unavailing renewed pursuit of the offenders out of one colony into another. This is the condition of affairs on the other side of the boundary. On this side there have been intense feeling and energetic action. Congress has passed a law authorizing the building and equipment of six steam revenue cutters for service on the lakes. The House of Representatives has passed and sent to the Senate a bill, which requests the President to give the notice needful for bringing to an end the reciprocity treaty. Mr. Chandler, one of the senators of Michigan in Congress, has submitted to the Senate resolutions, of which a copy is hereunto annexed. In submitting them he discussed with severity and frankness the relations of the United States and the British provinces. A copy of his remarks is also annexed.

Major General Dix, within whose command the eastern part of the frontier lies, without directions from the War Department, issued and promulgated general orders of which a copy is appended. This proceeding, although it met with general favor, was nevertheless overruled and modified by the President in one of its essential features. That modification appears in the copy of a supplementary order of General Dix, which is appended to this despatch.

An order has been made by this department, directing that except immigrant passengers, no traveller shall be allowed to enter the United States without a passport, signed and vised by an American minister or consul. A copy of this order is annexed. Thus it appears that owing to transactions, for which the United States believe themselves perfectly irresponsible, a crisis has been reached, which does not suffer American citizens, living in or near the British border, to navigate the frontier lakes and rivers in safety. Their treasure is not safe in their vaults, and their sleep is disturbed by well-founded apprehensions of midnight fire, robbery, and murderous aggressions from the British border provinces. Our appeals and our remonstrances to her Majesty’s government have not gained for us any assurance of greater security in the future.

You will exercise your own discretion as to the form and extent in which you will place these facts and reflections before her Majesty’s government. Nevertheless, I shall procure accurate information concerning the amount of stolen money, which was delivered by order of Judge Coursai to the felons at Montreal, and I shall expect you to inform her Majesty’s government that in the opinion of this government the owners of that money at St. Albans are entitled to restitution thereof.

In all your communications with Earl Russell you will assure him that this government, while it steadily perseveres in seeking guarantees from our domestic peace and safety against the invasion of border enemies, nevertheless most earnestly desires and constantly aims to remain in peace and friendship and fraternal intercourse with the British provinces and with the British empire.

Just when I was about to submit the foregoing portion of this paper to the President for his approval, I was favored by Mr. Burnley with a copy of a despatch, which was addressed by Earl Russell to Lord Lyons on the 26th of November last. Lord Lyons having received from me, for his own information, a copy of my instruction to you, upon which your note of the 25th of November last to Earl Russell was based, Lord Lyons very properly communicated that copy to the right honorable secretary, and he with equal propriety answered your representation by the before-mentioned despatch addressed to Lord Lyons. In Lord Lyons’s absence, Mr. Burnley has placed the despatch in my hands.

The mail cannot wait for a full consideration on my part of Earl Russell’s careful and elaborate paper. I think, however, that what his lordship has written affords no reason for withholding from her Majesty’s government the facts, opinions, and sentiments which I have submitted in the instruction. You will, therefore, make them known to Earl Russell, with an explanation of the fact that they were prepared, not in reply to his lordship’s despatch to Lord Lyons, but in anticipation of what he might be pleased to offer.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

Charles Francis Adams, Esq., &c., &c., &c.

[Untitled]

THIRTY-EIGHTH CONGRESS, SECOND SESSION.

In Senate,—Wednesday, December 14, 1864,

RAIDS FROM THE BRITISH PROVINCE

Mr. Chandler, Mr. President, I see in this morning’s paper the following announcement :

“Toronto, December 13.—The St. Albans raiders have been discharged for want of jurisdiction. There is much excitement.”

I desire to offer a couple of resolutions this morning bearing upon this subject, one of them particularly; but I do not expect to make the Senate understand the state of feeling that exists on the Canadian border, I have a great number of letters in my possession from gentlemen living upon that border. In my own city, which is within musket range of the Canadian shore, thousands of the citizens have been under arms for a long time, and we have been under a continuous state of alarm for fear of incendiaries, murderers, burglars, and robbers from the Canadian frontier. From the announcement that I have read it would seem to appear that the Canadian authorities have made up their minds to protect these raiders. As I understand it, a man goes from the south to Canada with a commission purporting to be issued by Mr. Davis, enlists his raiding party, crosses the frontier, murders, robs, burns, destroys, returns again to Canada, and is there protected by the authorities. The letters which I have in my possession are all bearing upon that point. The one I now hold in my hand is from one of our most respectable citizens in the city of Detroit, a gentleman of great wealth, of high political and social position, and who earnestly desires to avoid a difficulty with great Britain at this time. He says :

“The anxiety growing out of the mist and doubt encircling every rumor that reaches us is not to be endured, and upon some slight provocation, one of these days, regardless of neutral lines, our people will be found in Canada engaged in some act that the Canadian government will say is wrong, and, sooner or later, war will be the result; this we do not want.”

Again he says :

“Will you give it your attention,for I think it involves, sooner or later, if not properly heeded, war with England.”

As I said when I commenced, I have no expectation of making the Senate comprehend this state of excitement, this intense state of feeling which exists on that border. Vermont may, for aught I know, quietly submit to have her towns robbed and burned, and her citizens murdered, but the northwest will not. The people cannot be restrained unless the government takes prompt and immediate action upon this subject; and I desire to offer the following resolution on the subject. It may not meet the views of the Senate, but I offer it for the purpose of having the subject referred to a committee; and I have another to follow it:

Whereas raids have been organized in the Canadas and Nova Scotia, and men enlisted in said British provinces by men purporting to hold commissions from the rebels of the United States, for the purpose of robbing and murdering peaceable citizens of the United States, of burning cities and villages, of piratically capturing merchant vessels and murdering their crews, being a general system of murder, arson, robberies, and plunders of the peaceable and unarmed citizens of the United States; and whereas the people of the British provinces seem disposed to protect these thieves, robbers, incendiaries, pirates, and murderers, not only in their individual capacity, but by the quibbles of the law: Therefore,

Resolved, That the Committee on Military Affairs be directed to inquire into the expediency of immediately enlisting an army corps to watch and defend our territory bordering on the lakes and Canadian line from all hostile demonstrations.

I ask for the present consideration of the resolution.

Mr. Johnson. I object.

The President pro tempore. Objection is made, and the resolution will lie over until tomorrow.

Mr. Chandler. I move that the resolution be printed.

The motion was agreed to.

RECLAMATIONON GREAT BRITAIN.

Mr. Chandler. I had hoped that that resolution would pass unanimously this morning; but as it is objected to, of course it must lie over. I now offer the following resolution :

Whereas at the commencement of the present rebellion the United States were at peace with the governments of the World, and upon terms of comity and good will with Great Britain; and whereas that nation, before the arrival on her soil of our minister accredited by the administration of President Lincoln, precipitately acknowledged the rebels as belligerents, thus recognizing’ their flag upon the ocean, without which recognition it would have been regarded and treated as piratical by all other powers; and whereas she then proclaimed perfect neutrality between a republic with which she had entertained friendly relations for upward of half a century and its treasonable subjects; and whereas numbers of her subjects, with the knowledge of her government, commenced fitting out British fast-sailing ships, loaded with munitions of war, for the purpose of running into our blockaded ports to the rebels, thus furnishing them the means of organizing and continuing the rebellion, and without which it could not have sustained itself six months; and whereas, in addition to the above, and with the knowledge of the government, British subjects and members of Parliament engaged in the manufacture of piratical English ships, owned by British subjects, manned by British seamen, and sailing under British colors, for the purpose of burning, destroying, and utterly driving from the ocean all peaceful merchant vessels sailing under the United States flag; and whereas many private and unarmed American ships have been burned and destroyed by these pirates from British ports, thus causing great loss and damage to the citizens of the United States: Therefore,

Resolved, That the Secretary of State be instructed immediately to make out a list of each ship and cargo thus destroyed, with a fair and separate valuation thereof, and interest thereon at the rate of six per cent, per annum from the date of capture or destruction to the date of presentation, and that he be directed to demand from the British government payment in full for all ships and cargoes destroyed as aforesaid.

I ask for the present consideration of the resolution, and move that it be referred to the Committee on Commerce.

The President pro tempore. It requires unanimous consent to consider the resolution at the present time. Is there objection?

Mr. Johnson. I object.

The President pro tempore. Objection being made, it wili lie over.

Mr. Chandler. I move that the resolution be printed.

The motion was agreed to.

[General Orders No. 97.]

Headquarters Department of the East, New York City, December 14, 1864.

Information having been received at these headquarters that the rebel marauders who were guilty of murder and robbery at St. Albans have been discharged from arrest, and that other enterprises of a like character are actually in preparation in Canada, the commanding general deems it due to the people of the frontier towns to adopt the most prompt and efficient measures for the security of their lives and property.

All military commanders on the frontiers are therefore instructed, in case further acts of depredation and murder are attempted, whether by marauders or persons acting under commissions from the rebel authorities at Richmond, to shoot down the perpetrators, if possible, while in the commission of their crimes; or, if it be necessary, with a view to their capture, to cross the boundary between the United States and Canada, said commanders are hereby directed to pursue them wherever they may take refuge, and if captured they are under no circumstances to be surrendered, but are to be sent to these headquarters for trial and punishment by martial law.

The major general commanding the department will not hesitate to exercise to the fullest extent the authority he possesses, under the rules of law recognized by all civilized states, in regard to persons organizing hostile expeditions within neutral territory and fleeing to it for an asylum after committing acts of depredation within our own, such an exercise of authority having become indispensable to protect our cities and towns from incendiarism and our people from robbery and murder.

It is earnestly hoped that the inhabitants of our frontier districts will abstain from all acts of retaliation on account of the outrages committed by rebel marauders, and that the proper measures of redress will be left to the action of the public authorities.

By command of Major General Dix:

D. T. VAN BUHEN, Colonel and Assistant Adjutant General,

Official:

WRIGHT EIVES, Aide-de-Camp.

[General Orders No. 100.]

Headquarters Department of the East,New York City, December 17, 1864.

The President of the United States having disapproved of that portion of department General Orders No. 97, current series, which instructs all military commanders on the frontier, in certain cases therein specified, to cross the boundary line between the United States and Canada, and directs pursuit into neutral territory, the said instruction is hereby revoked.

In case, therefore, of any future marauding expedition into our territory from Canada, military commanders on the frontiers will report to these headquarters for orders before crossing the boundary line in pursuit of the guilty parties.

By command of Major General Dix:

D. T. VAN BUREN, Colonel and Assistant Adjutant General.

Official:

G. VON EICKSTEDT,Aide-de-Camp.

General instructions in regard to passports.

Department of State, Washington, July 1, 1864.

Citizens of the United States visiting foreign countries are liable to serious inconvenience if unprovided with authentic proof of their national character. Their best safeguard is a passport from this department, certifying the bearer to be a citizen of the United States. Passports are issued upon application, supported by proof of citizenship.

On all subsequent occasions a simple reference to the number and date of passport will be sufficient.

When the applicant is a native citizen of the United States, he must transmit an affidavit of this fact, signed by him, stating his age and place of birth, and sworn to by himself and one other citizen of the United States named therein, to whom he is personally known, and to the best of whose knowledge and belief the declaration made by him is true. This affidavit must be attested by a notary public, under his signature and seal of office. When there is no notary in the place, the affidavit may be made before a justice of the peace, or other officer authorized to administer oaths.

If the applicant be a naturalized citizen, his certificate of naturalization must be transmitted for inspection. It will be returned with the passport. The widow or the children of a naturalized citizen must transmit the certificate of the naturalization of the husband or the father, stating under oath that they are such widow or children.

The application should be accompanied by a description of the person, stating the follow ing particulars, viz; Age, years; stature, feet inches, (English measure;) forehead,; eyes,; nose,; mouth,; chin, ; hair, ; complexion,; face,

When the applicant is to be accompanied by his wife, children, or servants, it will be sufficient to state the names and ages of such persons, and their relationship to the applicant.

Persons who leave the country expecting to obtain passports whilst abroad from the diplomatic or consular agents of the United States are liable to disappointment, inasmuch as it is the duty of those agents not to grant documents of that character, except to persons who are certainly known to be entitled to them; and it is sometimes difficult, if not impracticable, to procure proof of this fact in a foreign country.

Certificates of citizenship or passports issued by State authorities, or by judicial or municipal functionaries of the United States, are not recognized by the officers of foreign governments; and by the twenty-third section of the act of Congress approved on the 18th of August, 1856, it is made penal for such authorities and functionaries to issue such passports. When husband, wife, and minor children expect to travel together, a single passport for the whole will suffice. For any other person in the party a separate passport will be required.

A new passport will be expected to be taken out by every person whenever he or she may leave the United States, and every passport must be renewed, either at this department or at a legation or consulate abroad, within one year from its date.

Five dollars tax, as imposed by law, will be required in United States currency with each application.

[Untitled]

Department of State, Washington, December 17, 1864.

The President directs that, except immigrant passengers directly entering an American port by sea, henceforth no traveller shall be allowed to enter the United States from a foreign country without a passport. If a citizen, the passport must be from this department, or from some United States minister or consul abroad; and if an alien, from the competent authority of his own country; the passport to be countersigned by a diplomatic agent or consul of the United States.

This regulation is intended to apply especially to persons proposing to come to the United States from the neighboring British provinces. Its observance will be strictly enforced by all officers, civil, military, and naval, in the service of the United States, and the State and municipal authorities are requested to aid in its execution. It is expected, however, that no immigrant passenger, coming in manner aforesaid, will be obstructed, or any other persons who may set out on their way hither before intelligence of this regulation could reasonably be expected to reach the country from which they may have started.

WILLIAM H. SEWARD.

I. Passports for Canada and the adjoining British provinces are issued for one year, and need not be surrendered within that period.

II. Citizens of the United States, desirous of visiting Canada, may take out their passports either from United States consulates, or from this department.

III. United States consular agents are authorized to issue passports, and may countersign those of foreigners.

IV. Travellers making transit through Canada, from one American ‘port to another American port, must procure, passports.

V. Persons residing near the line, who desire to cross and recross daily, in pursuit of their usual avocations, are “travellers” in the contemplation of the order, and must provide them selves with passports.

VI. Females and minor children, travelling alone, are included in the order. When, how ever, husband, wife, and minor children travel together, a single passport for the whole will suffice. For any other person in the party a separate passport will be required.

VII. Should any person, native or foreign, clandestinely enter the United States in derogation of the order, the fact should be reported to the military authorities of the district.

[Circular No. 55.]

Department of State, Washington, January 14, 1865.

To the consular officers of the United States in conterminous British provinces :

Consular officers in territories conterminous with the United States on their northern and northeastern frontiers are hereby authorized to receive United States currency in payment for passports, so long as the order of December 17, 1864, shall remain in force, bearing in mind that the law requires five dollars as a fee for issuing a passport, which amount is payable into the United States treasury, and in foreign countries a consular fee of one dollar in addition. The existing regulation, by which consular agents were forbidden to give passports, is hereby rescinded for the period above mentioned. If any person shall have been charged more than the legal fees, as they are herein mentioned, the excess will be refunded to him by the consul to whom the sum has been paid, such repayment to be reported to this department. A uniform rate of charge is expected and enjoined. Passports to enter the British provinces and return thence will be promptly issued by this department, on application, in accordance with the passport regulations.

WILLIAM H. SEWARD.