CORRESPONDENCE WITH BRITISH LEGATION. Sir F. Bruce to Mr. Seward. WASHINGTON, December 15, 1865. SIR: Upon the receipt of your note of the 31st October I forwarded a copy to her Majesty's principal secretary of state for foreign affairs, and I am now instructed by the Earl of Clarendon to express to you the satisfaction with which her Majesty's government have learned the orders issued to the officers of the United States navy consequent on the removal of all the restrictions on the ships of war of the United States visiting British ports. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, FREDERICK W. A. BRUCE. Hon. WILLIAM H. SEWARD, &c., &c., &c. Sir F. Bruce to Mr. Seward. WASHINGTON, December 22, 1865. SIR: The reports received by the State Department from the consuls of the United States abroad will, I presume, contain evidence of the unsatisfactory state of the present arrangements for the relief and transportation to their respective countries of American and British seamen who are discharged in foreign ports. The inconvenience is felt in cases where the American seaman has served in a British vessel, and where a British seaman has formed part of the crew of a United States merchant vessel. If no vessel of the nation to which the discharged seaman belongs happens to be in port, it frequently becomes a matter of great difficulty and expense to provide for the return of the distressed seaman to his own country. In order to obviate the hardships to which seamen under such circumstances are exposed, I am instructed by the government of her Britannic Majesty to propose that the government of the United States shall relieve and send home all British subjects who have become distressed, immediately after having served as part of the crews of United States merchant vessels, and that the British government shall afford the same relief to American citizens who have become distressed immediately after having served as part of the crew of British merchant vessels. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., &c., &c. FREDERICK W. A. BRUCE. Mr. Seward to Sir F. Bruce. DEPARTMENT Of State, Washington, December 27, 1865. SIR: I have the honor to state that on the 10th of May, 1862, Lord Lyons addressed a note to this department, remonstrating against the multiplication of consular officers in the British North American provinces, on the part of the United States. This was followed by a series of obstacles interposed to such appointments by the provincial and imperial governments; objections to confirming such officers were made sometimes on special, sometimes on general considerations, until on the 12th of May, 1864, Mr. Adams, in returning the commissions of seven consular agents of the United States, to reside in Canada, informed this department that the British government had definitively declined to recognize them. In the mean time, to meet the general spirit of the reluctance of the British government to receive such officers, an appropriation was made by Congress on the 20th of June, 1864, for salaries to them as full consuls, thus making them personally and directly responsible as such, and requiring of them bonds not to enter into trade or commercial business, in which, as subordinate consular agents, they otherwise might have engaged.. In consequence also of the decision of her Majesty's government to decline the recognition of these consular agents, they were directed to cease at once from the further exercise of their official duties. Of this action of the government of the United States Mr. Adams was instructed to convey to Earl Russell the intelligence, and to solicit the favorable consideration of her Majesty's government. To this arrangement Earl Russell acquiesced in his note to Mr. Adams, dated September 13, 1864. The United States consul at Toronto, by a despatch of the 25th of May last, No. 35, a copy of which is enclosed, urges the creation of a consular agency at Hamilton, and submits the question of its practicability under existing relations between the United States and Great Britain upon this subject. In view of the evident need of such an agent of this government at that point, and of the benefits which may be expected to flow therefrom to the commercial transactions of the United States and Canada, I beg that you will submit the matter to her Majesty's government, and ask for an expression of their views thereupon. I have the honor to be, with high consideration, sir, your obedient servant, WILLIAM H. SEWARD. The Hon. Sir FREDERICK W. A. BRUCE, &c., &c., &c. Mr. Thurston to Mr. Seward. No. 35.] CONSULATE UNITED STATES OF AMERICA, SIR: I have the honor to inform you that in obedience to your instructions contained in despatch No. 21, in relation to the appointment of a consular agent at Hamilton, I have visited that city, and have had an interview with Mr. Swinyard and the leading merchants doing business there. That there is great inconvenience and expense resulting from the necessity of sending to other places for consular certificates there can be no doubt. The wholesale trade of Hamilton is really greater than at Toronto, and the fact that there is no consular officer at that port is our reason why shipments of goods are frequently made to the United States without certificates, and are permitted entry because the cost of procuring them and detention would add so much to their original value. The merchants and business men of Hamilton are all very desirous that an agent should be appointed. Mr. Swinyard assured me that the Great Western railroad, of which he is the manager, suffered much inconvenience and trouble for the want of one at that port. But acting in accordance with my own views of the necessity of the case, I would have nominated Mr. John D. Irwin, an American citizen, a gentleman almost unanimously recommended by the merchants of Hamilton, were it not that the provincial government have, in one or two in stances, declined to recognize the appointment of the consul general, even at a port where he had removed an officer and appointed another in his place. As the imperial government have definitively declined also to recognize a consular officer at Hamilton, and as I was directed by the department to revoke the commission of the consular officer there when viceconsul general at Montreal, I apprehend that the provincial government will decline to give an agent permission to act at Hamilton. I would, therefore, ask further instructions in this matter. With great respect, I am, sir, your obedient servant, Hon. W. HUNTER, Acting Secretary of State, Washington. D. THURSTON, Sir F. Bruce to Mr. Seward. WASHINGTON, December 30, 1865. SIR: The attention of her Majesty's principal secretary of state for foreign affairs has recently been directed to the question of the payment of the expenses of the maintenance of lunatic British subjects in asylums abroad, in connection with the custom observed in Great Britain with reference to the maintenance of foreign lunatics. Her Majesty's government consider it very advisable that a distinct understanding should exist between them and foreign governments upon this subject. In the case of foreigners becoming insane, and being maintained in a lunatic asylum in Great Britain, no claim for their maintenance in that country is made on the government of the country whose subjects they are; and her Majesty's government accordingly propose henceforward to pay the actual cost only of removal to Great Britain of any pauper British subject becoming lunatic while in another country, the expense of the lunatic's maintenance to be defrayed by the country where he has been in confinement, unless under very special and exceptional circumstances. I am instructed by the Earl of Clarendon to communicate the above statement to the government of the United States, and to invite their concurrence in the proposed arrangement, which is intended to be one of a reciprocal nature. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., &c., &c. FREDERICK W. A. BRUCE. Sir F. Bruce to Mr. Hunter. WASHINGTON, January 5, 1866. SIR: On the night of the 10th November last a sentry from the United States gunboat James Adger, Captain John McDeirmid, (which had come alongside one of the wharves at Colon,) was stationed on the wharf, and having entered into an altercation with a native of Jamaica, named George Holmes, shot him dead on the spot. The authorities of Colon held an inquiry in the case, and having obtained sufficient evidence for instituting criminal proceedings, demanded the surrender of the sentry, in order that he might be placed on his trial; but the United States consul at Colon declined advising the commander of the James Adger to deliver him up, on the ground that the government of the United States enjoys special privileges on the isthmus, and that the local authorities have no right to interfere in the discipline of United States ships of war. Her Majesty's consul at Panama, Mr.Henderson, called on the President of the State for an investigation of the case, and the punishment of the offender, should it be proved that a crime had been committed. But, as appears by the enclosed correspondence, the President is unable to bring the offender to trial. I am instructed to call the serious attention of the government of the United States to this case, as her Majesty's government do not doubt that a searching and immediate inquiry will be made, and the requirements of justice fully satisfied. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. W. HUNTer, Acting Secretary of State. FREDERICK W. A. BRUCE. Mr. Taylor to Mr. Henderson. BRITISH VICE-CONSULATE, SIR: I regret to have to inform you of a painful, though not very unusual tragedy which occurred here on the night of the 10th. A few days ago the United States gunboat James Adger, commanded by Captain John McDeirmid, came alongside one of the covered wharves to coal, when of course a sentry was stationed on the wharf, which I may add is usually occupied by a considerable number of persons as a sleeping place, and on the night indicated it appears that one of those persons was a black man named George Holmes, who, as appears from official papers shown to me, had served twelve years as gunner in the third West India regiment, and was discharged therefrom on the 21st of May, 1860, with a goodconduct certificate, badge, and pension. It further appears that at about 11 o'clock on the night of the said 10th instant, as Holmes was passing along to his bed or sleeping place, the sentry came up to him and asked for some tobacco, which he said he had not got and never used. A demand was then made for cigars, money, &c, which being also refused, the sentry said that Holmes must leave the wharf, which he likewise refused to do. The sentry then used the butt end of his gun to drive him away; but failing to do so he said he would blow his brains out, and then deliberately shot him dead on the spot. I advisedly use the word "deliberately," because I am well informed that there was no accident whatever in the matter. The prefect has held an inquiry into the case, and, the proof being conclusive, he demanded that the culprit should be given up to the authorities of this country for trial; but this demand, I am informed, both Captain Mc Deirmid and the United States consul decidedly refuse to comply with. Permit me to draw your attention to the facts: 1st. That there is no doubt of the crime having been committed by the American sentry, and without provocation. 2d. That it took place on Colombian territory; and 3d. That the wharf has always been used as a sleeping place by any and every one who chooses to occupy it as such; nor is it said that any orders to the contrary were issued on the night of the crime. I have, &c., THOMAS CATHCART TAYLOR. C. HENDERSON, Esq., Mr. Cespedes to Mr. Rice. No. 405.] UNITED STATES OF COLOMBIA, SOVEREIGN STATE OF PANAMA, The alcalde of this district, who is at present engaged in the investigation of the occurrence which took place last night-that is to say, the death inflicted by a soldier of the United States ship of war James Adger, and native of Jamaica, by a gunshot-informs me, in an official note, that he requires the said soldier to appear this day at his office for the elucidation of the occurrence in question. I bring this to your knowledge in order that you may be pleased to apply to the captain of the above-named steamer to cause this soldier to appear at the office of the alcalde to make bis declaration. It will not be out of place to call your attention to the character of the offence which has been committed on Colombian territory, in order that you may cause the demands of public justice to be complied with. I am, &c., F. W. RICE, Esq., JOSÉ A. CESPEDES. United States Consul, Aspinwall. Mr. Rice to Mr. Cespedes. CONSULATE OF THE UNITED STATES OF AMERICA, SIR: Your note of yesterday's date has been received, in which you request that a sailor of the navy of the United States, who is said to have killed a man of color, whilst mounting guard over the steamer of the United States James Adger, should be made to appear at the office of the alcalde of the district. In reply, I have to say that the man is at the disposal of the alcalde whenever he may be required, on the understanding that you will cause him to return freely to his ship after the proposed examination has taken place. I am, &c., José A. CESPEDES, &c., &c., &c. F. W. RICE. Mr. Cespedes to Mr. Rice. No. 406.] UNITED STATES OF COLOMBIA, Sovereign STATE OF PANAMA, Your official note of this date has been received at this office; its contents have greatly surprised the undersigned. Under our laws, and I believe under those of the whole world, those who commit an offence, whether voluntarily or otherwise, are considered as the accused, and do not make depositions on their trial as witnesses; the undersigned cannot, therefore, give the consul the guarantee which he demands for the soldier. It will not be out of place for the undersigned to observe that it is an ordinary crime that has been committed, and one of the greatest that exists, and that it took place beyond the jurisdiction of the government of the United States, which is limited to cases occurring on board their ships of war, and can in no way be extended to foreign territory. The accused must therefore be tried entirely in conformity with the laws of this country, which is precisely where the offence was committed. The undersigned therefore trusts that the consul will claim the accused from the captain of the James Adger, in order that he may be delivered over to the competent judge for his trial. I am, &c., F. W. RICE, Esq., United States Consul, Aspinwall. JOSÉ A. CESPEDES. Mr. Rice to Mr. Cespedes. CONSULATE OF THE UNITED STATES OF AMERICA, SIR: I have received your second note, dated yesterday, on the subject of the late unforturate accident referred to in your first note, in which you stated that the sailor was required to appear before the alcalde to make his declaration." On reading your first note hurriedly I did not understand, nor am I now certain after reading it more attentively, that you desired the sailor to appear at the alcalde's office in the character of a criminal. This was the reason of my misinterpretation of its meaning as shown by your note of yesterday. I will now present your application to the captain of the James Adger, but I cannot advise him to surrender the sailor in the character of a criminal. He was, when the accident took place, in the discharge of his duties and acting under the orders of his officers. The ship was taking in coal at the wharf, and in virtue of the special privileges enjoyed on this isthmus by the government of the United States the local authorities have no right to interfere in the affairs or discipline of our ships of war while they may be at the wharf or at their anchorage. I repeat that if the prefect desires to elucidate the matter with a view to reporting the facts to k's government, the commander of the James Adger will not have the slightest objection to his obtaining the information he requires on oath from any of the crew who were witnesses of the occurrence alluded to in his note. I am, &c., José A. CESPEDES, &c., &c., &c. F. W. RICE. Mr. Cespedes to Mr. Rice. UNITED STATES OF COLOMBIA, SOVEREIGN State of PANAMA, The prefect acknowledges receipt of your official note of this date. When he addressed to you his first note in regard to the deed committed by the soldier belonging to the James Adger, he said that the man was required to appear to make his declaration; this was the declaration which every officer charged with the preliminary proceedings receives, not on oath, |