nature of the complaint made by the Spanish minister in 1818, and the tenor of the principal article of treaty by which the differences between Spain and the United States were adjusted. Señor de Onis, the Spanish minister at Washington, wrote, on the 16th of November, 1818, to the United States minister to the following effect: Whatever may be the forecast, wisdom, and justice conspicuous in the laws of the United States, it is universally notorious that a system of pillage and aggression has been organized in several parts of the Union against the vessels and property of the Spanish nation," &c. After a long negotiation the complaints of Spain were satisfied by a treaty signed on the 22d of February, 1819. Article IX of that treaty states that "the high contracting parties, animated with the most earnest desire of conciliation, and with the object of putting an end to all the differences which have existed between them, and of confirming the good understanding which they wish to be forever maintained between them, reciprocally renounce all claim for damages or injuries which they themselves, as well as their respective citizens and subjects, may have suffered until the time of signing this treaty." Whether such a treaty would furnish any elements for negotiation between our two governments I am not prepared to affirm. But it can scarcely be said that this treaty arrangement for the mutual abandonment of claims constituted a specific grant of compensation to Spain by the United States for injuries complained of by Spain. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, CHARLES FRANCIS ADAMS, Esq., &c., &c., &c. RUSSELL. Mr. Adams to Earl Russell. LEGATION OF THE UNITED STATES, MY LORD: I have had the honor to receive your note of the 29th of November, in reply to mine of the 10th of that month, on the subject of the Deerhound. The reason why I omitted to enter into the discussion of the main points of your lordship's note of the 26th of September was, that I had been directed by my government to present the conclusion to which it had come from a full examination of them, which appeared to render further argument on my part superfluous. Otherwise, it would have given me great pleasure to have examined the questions, 1st, How far the absence of statute law, depending on volition, can be urged in extenuation of the omission to fulfil the acknowledged obligations of international law; and 2d, How far the acknowledgment of the right of asylum by a neutral power is admitted by international law to tolerate the harboring of enemies, abusing that right, for the purpose of more effectually injuring the people of a friendly nation. But I forbear, because I have no authority to prolong the controversey, and I join with your lordship in adding that I have no such desire. With regard to your lordship's notice of my reference to the treaty of the United States with Spain, as not sustaining the allegation contained in my note which foreclosed all possibility of drawing the parallel between the action of the two nations which was attempted in your note of the 26th of September, I may only be permitted to repeat my surprise that the passage referred to should even yet have so completely escaped your lordship's attention. Had you passed from the 9th article, which you quote, to the 10th, which recapitulates the claims released and surrendered on each side, you would have found on the part of Spain an express renunciation of four classes of claims, the two last of which are in the following words: 3. To all injuries caused by the expedition of Miranda, that was fitted out and equipped at New York: 4. To all claims of Spanish subjects upon the government of the United States arising from unlawful seizures at sea or within the ports and territorial jurisdiction of the United States." I pray your lordship to accept the assurance of the highest consideration with which I have the honor to be, my lord, your lordship's most obedient servant, The Right Hon. EARL RUSSELL, &c., &c., &c. CHARLES FRANCIS ADAMS. No. 826.] Mr. Adams to Mr. Seward. LEGATION OF THE UNITED STATES, London, December 2, 1864. SIR: It is with the most profound regret that, by a telegram received from the medical adviser of Mr. Dayton, I learn the intelligence of his death by apoplexy last evening. More full information will, of course, be transmitted to you directly from the legation at Paris by the present steamer. I only express the general opinion when I add, that the country has lost in him one of its most valuable public servants, who has proved himself during this critical period a most able, judicious, and discreet representative abroad; thus fully justifying the action of the President in selecting him for a delicate duty. In the relations which I have had with him as a colleague during our residence in Europe, I am happy to say that I have found him uniformly courteous, active, and disposed to co-operation in every case where there was occasion. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, &c., &c., &c. CHARLES FRANCIS ADAMS. No. 1183.] Mr. Seward to Mr. Adams. DEPARTMENT OF STATE, Washington, December 6, 1864. SIR: You will receive herewith a copy of intercepted correspondence, which will be found to support the protests you have been instructed to offer to her Majesty's government against the use of the British provinces on our border as a base for aggression, robbery, and murder. The original papers are in my hands. We know that they are genuine. You will use them as shall seem expedient. They are preceded by extracts from a report of Major General Augur, by whom the bearer of the illicit correspondence was arrested. That report describes the intercepted correspondence. I am, sir, your obedient servant, CHARLES FRANCIS ADAMS, Esq., &c., Sr., &c. WILLIAM H. SEWARD. HEADQUARTERS DEPARTMENT OF WASHINGTON, 22D ARMY CORPS, In conjunction with Colonel Wells I have examined the papers found upon his person, and berewith transmit them for the consideration of the War Department. They are as follows, viz: Two envelopes and enclosures. The first of these envelopes has no address written upon it, but bears upon its reverse a seal in red wax, impressed apparently by an ordinary signetring. Though the wax has been somewhat broken, the letters C. C. C. jr., or the main portions thereof, can be made out. This envelope contains two enclosures. The first is a letter upon a single sheet of white note-paper, of a very thin description, like the envelope which contains it. This letter is dated St. Catharine's, Canada West, and is addressed to My Dear Ginnie." It is also marked No. 20 at its head, but has no signature. At the bottom of the 4th page is a sort of postscript, marked H. L. C., and urging that an immediate answer should be sent. There is also posted at the head of the note a "Personal," cut from some newspaper, addressed to "Mrs. Caroline V. Tracy," and signed "T. E. Lacy." 66 The second enclosure in this envelope is a letter written upon one and a half sheets of thin blue letter-paper, also dated at "St. Catharine's, Canada West, November 1," addressed to the “Hon. J. P. Benjamin, secretary of state, Richmond, Va." It relates to the recent attack upon St. Albans, Vermont; and also to one Captain Cole, a rebel officer, captured on the United States steamer Michigan, and appeals to the confederate government to recognize and acknowledge the acts of these parties. This first envelope and its two enclosures I have marked letter A. The second envelope is also of thin white paper, but bears neither seal nor address. It contains three enclosures; first a thin piece of blank blue paper covering two letters. The first of these letters is dated "October 31, 1864," without the name of the place at which it was written. It is addressed at the top, "My own Dearest," and is signed, "Your devoted husband," but without the name of the writer. This letter, as well as its companion in the same envelope, is written upon thin blue letterpaper, precisely like that contained in the envelope marked A. The other letter in this second envelope bears neither date nor address at the top, but is headed Extract from the proposition of , sent forward." It relates to the proposition of a party in the United States to furnish provisions for the rebel army, on the Mississippi river, and at places within General Butler's department. The second envelope and its enclosures I have marked B. I have the honor to be, very respectfully, your obedient servant, C. C. AUGUR, Hon. E. M. STANTON, Secretary of War. [Copied from a pressed copy that is in many places illegible.] ST. CATHARINE'S, C. W., Tuesday, November 1. [Printed advertisement pasted on.] Don't sail or Mrs. CAROLINE V. TRACY, care of Major Cowan, Macon, Ga. (Richmond Enquirer and Macon Telegraph please copy.) T. E. LACY. MY DEAR GINNIE: I am disappointed, mortified, and distressed, and almost dead this morning at receiving not one line from you or any kin in Dixie. It is 8 o'clock a. m. I arose an hour ago, dressed, and went to the post office for letters, as our mail from Halifax was due. I returned with three for Bev. Tucker, from his wife, of 13th, 20th, and 30th ult., one from his daughter, and two from friends-six letters from home; and thus it has been ever since I reached here. He gets his regular mail, with three or more letters from his wife and as many from others. I've received one letter from Lawson and two from you since I reached Canada, the last dated 30th June. These are all I have got since in Canada; and six letters from you since leaving you six months ago are all ever received. Now, am I not encouraged to write and to write often by tender appeals or monitions for intelligence of me? Am I not repaid for writing regularly every week or ten days to you, determined to take every chance of communicating with you? The only thing I have heard from you, save through others, since yours of 30th June, which reached me 15th September, was your personal of 20th September, which reached me at Quebec, where I had gone on business on 13th December. I immediately enclosed to Jennie my answer to it and $10 to pay for yours and mine. It will not, however, appear in the News till 29th October. I know not what was then addressed to Caroline Tracy. I enclose it; but you will get it and understand. I have also since sent a personal to Colonel H. L. Clay, which I hope he and you will see, inquiring, "Can I return at once? If not, let my wife come to me by flag-of-truce boat, via Washington city, if she can; but not otherwise." I was surprised and distressed by your personal. As I told you, the President did not expect me to stay longer than the early part of this month, and you knew it would require quite a month, under favorable circumstances, to get to me. I could not understand why you should come to me to go back immediately. I inferred either that you had learned I was to stay here all winter, or that you did not hear from me, or that some fresh affliction had come upon you, that made you feel like flying to me for comfort. Oh, what anxiety and suspense I have endured! Money cannot compensate for it. If I could only have had a personal every two weeks of about two words only—all well-I should have been quite cheerful. As it is, in utter ignorance of the condition of her I love best, whether living or dead, sick or well, in comfort or in want, contented or miserable, I cannot but feel disquieted and anxious, and rather unhappy. God grant you and all my dear kin life, health, comfort, and content, until we meet again on earth, is my daily and nightly prayer. I sent you immediately after getting your letter by Bev. Tucker all the articles you wrote for, and several more for yourself, dear Lestia, and Matt. They reached Halifax, were sent by the Ellen, which got into the port of Wilmington, and I therefore trust have been long since delivered to you by the express company, by whom they were to be carried thence. I also sent a magnificent fan, a present from George N. Sanders, and two very superior pairs of winter shoes, some six or eight weeks since. I again sent you, about two weeks ago, a package of flannel, Balmoral, dresses, stockings, gloves, collars, cuffs, &c., among them the best black silk I could find here. Accompanying each I have written to you at length. The last was the most valuable of the packages sent. I hope you have got them all and enjoy them very much. Some of these last articles were for dear Lestia, as you will see, if they ever reach you. I shall send this by an underground railroad, addressed to Lawson, who will open, read, and forward to you forthwith. I hope, too, if in Georgia, he will telegraph you, on receipt of letter, that he has it, that they are well, and that he has forwarded it by express; for I mistrust the mails. My health continues very good, notwithstanding my anxiety and distress, and I certainly look better than for many years. I intend, if I am not instructed to remain, to leave here for Halifax by the instant at farthest, and to try my best to get to you as soon as possible. But Wilmington is so closely blockaded now that it is very hard to get in, and I may be captured in trying to do so; and if Fisher and Caswell are taken, or the enemy get over the bar with war vessels, I may have to go to Galveston, Texas, or even to and across the Rio Grande, which may require some months ere you can hear from me. I think I shall try Wilmington, if any-blockade runner ventures in after I get to Halifax. If it is desired that I stay here through the winter, you must try and get a safe conduct and come to me by flag of truce through the United States. I cannot endure the thought of living till spring without you. I trust I shall get an answer to my personal to Lawson from him saying, You can return," or " You must stay, so as to settle my purpose. Jake says he will stay till March; but I won't, unless desired by the President. Something may turn up to change my views. I trust Lawson will receive this by the bearer, sealing it as this is, so as to show if it has been tampered with. I write on this thin paper, and put in as thin an envelope, and seal with a friend's seal, (C. C. C., Jr.) Let Lawson say what seal he puts on the answer, and urge the secretary to give the bearer their answers as soon as possible. L.'s answer need not be signed by him, and may be addressed to Bevins Giles, St. Catharine's, C. W. Now, I am sure you have written to me at least twice a month. Try now personals and letters one page long, by flag of truce, to Mrs. R. E. Coxe, (wife of our friend,) Poughkeepsie, New York, and sign your name distinctly, Caroline V. Tracy, so that Mrs. Coxe may know who you are. With love to you and my kin and servants (?,) and invoking God's blessing on you all, I am, as ever, yours, with more love and reverence than should be given to any earthly creature. Farewell-I hope not a long farewell-my precious, darling Ginnie. H. L. C. : Hand the within as directed immediately, and send answer of secretary within twentyfour hours from delivery. ST. CATHARINE'S, C. W., November 1, 1864. SIR: You have doubtless learned through the press of the United States of the raid on St. Albans, Vermont, by about twenty-five confederate soldiers, nearly all of them escaped prisoners, led by Lieutenant Bennett H. Young; of their attempt and failure to burn the town, and of the robbery of three banks there of the aggregate amount of about $180,000; of their arrest in Canada by United States forces, their commitment, and the pending preliminary trial. There are twelve or fourteen of the twenty-five who have been arrested, and who are now in prison at Montreal, where the trial for commitment for extradition is now progressing. A letter from Hon. J. J. M. Abbott, the leading counsel for the prisoners, dated Montreal, 28th October, says to me: "We" (prisoners' counsel) "all think it quite clear that the facts will not justify a commitment for extradition under the law as it stands; and we conceive the strength of our position to consist in the documents we hold establishing the authority of the raiders from the Confederate States government. But there is no doubt that this authority might be made more explicit than it is, in so far as regards the particular acts complained of; and I presume the confederate government will consider it to be their duty to recognize officially the acts of Lieutenant Young and his party, and will find means to convey such recognition to the prisoners here in such a form as can be proven before our courts. If this were accompanied or followed by a demand upon our government that the prisoners be set at liberty, I think a good effect would be produced, although, probably, the application would not be received by the authorities. There will be at least a fortnight's time, and probably more, expended in the examination of witnesses, so that there will be plenty of time for anything that may be thought advisable to be done in behalf of the prisoners." I met Mr. Young at Halifax, on my way here, in May last. He showed me letters from men whom I knew by reputation to be true friends of State rights, and therefore of southern independence, vouching for his integrity as a man, his piety as a Christian, and his loyalty as a soldier of the south. After satisfying me that his heart was with us in our struggle, and that he had suffered imprisonment for many months as a soldier of the Confederate States, from which he had escaped, he developed his plans for retaliating some of the injuries and outrages inflicted upon the south. I thought them feasible and fully war ranted by the law of nations, and therefore recommended him and his plans to the secretary He was sent sent back by the secretary of war with a commission as second lieutenant, to execute his plans and purposes, but report to Hon. and myself. We prevented his achieving or attempting what I am sure he could have done for us, and which may be fully explained hereafter. Finally, disappointed in his original purpose, and in all the subsequent enterprises projected, he purposed to return to the Confederate States, via Halifax, but passing through the New England States and burning some towns and robbing them of whatever he could convert to the use of the confederate government. of war. This I approved as justifiable retaliation. He attempted to burn the town of St. Albans, Vermont, and would have succeeded but for the failure of the chemical preparations with which he was armed. Believing the town was already fired in several places, and must be destroyed, he then robbed the banks of all the funds he could find, amounting to more than $200,000. That he was not prompted by selfish or mercenary motives, and that he did not intend to convert the funds taken to his own use, but to that of the Confederate States, I am as well satisfied as I am that he is an honest man, a true soldier and patriot; and no one who knows him will question his title to this character. He assured me, before going on the raid, that his efforts would be to destroy towns and farm-houses, not to plunder or rob; but, he said, if after firing a town, he saw he could take funds from a bank, or anything which might inflict injury on the enemy and benefit his own government, he would do so. He added, most emphatically, that whatever he took should be turned over to the government or its representatives in foreign lands. My instructions to him, oft-repeated, were, “to destroy whatever was valuable-not to stop to rob; but if, after firing a town, he could seize and carry off money or treasury or bank notes, he had a right to do so, upon condition that they were delivered to the proper authorities of the Confederate States." That they were not delivered according to his promise and intention was owing, I am sure, to the failure of his chemical compound to fire the town, and to the capture of himself and men on Canadian soil, where being surprised and overpowered by superior numbers from the United States. On showing me his commission and his instructions from Mr. Seddon, which were of course vague and indefinite, he said he was authorized to do all the damage he could to the enemy in the way of retaliation. If this be true, it seems to me the Confederate States government should not hesitate to avow his act was fully authorized as warrantable retaliation. If the government do not assume the responsibility of this raid, I think Lieutenant Young and his men will be given up to the United States authorities. If so, I fear the exasperated and alarmed people of Vermont will excite cruel and summary vengeance upon them before they reach the prison of St. Albans. The sympathies of nine-tenths of the Canadians are with Young and his men-a majority of all the newspapers justify or excuse his act as merely retaliation-and they desire only the authority of the Confederate States government for it to resist their extradition. The refusal of extradition is fully warranted by the like course of the United States in many cases cited lately in the Canadian papers, which I cannot now repeat, but which you can readily find. The refusal of extradition would be of a salutary political influence it is thought, both in the British provinces and in England. I cannot now explain why. I trust, therefore, for the sake not only of the brave soldiers who attempted this daring exploit, which has caused a panic throughout the United States bordering on Canada, and the organization of forces to resist, as well as the arbitrary and tyrannous order of General Dix touching the coming presidential election, but for the sake of our cause and country, that the President will assume the responsibility of the act of Lieutenant Bennett H. Young, and that you will signify it in such form as will entitle it to admission as evidence in the pending trial. I send the special messenger who bears this that your answer may be brought back by him within ten days, or by the 11th instant. The final judgment can and will be postponed for the action of the Confederate States government as long as possible, certainly for ten days. I avail myself of this opportunity to bring to your notice the case of Captain Charles H. Cole, another escaped prisoner of General Forrest's command, who was taken about six weeks since in the Michigan, (the federal war steamer on Lake Erie,) and is charged with an attempt at piracy, (for attempting to capture the vessel,) with being a spy, &c. The fact is, that he projected and came very near executing a plan for the capture of that vessel and the rescue of the prisoners on Johnson's island. He failed only because of the return of the Captain (Carter) of the Michigan a day sooner than expected, and the betrayal (in consequence of C.'s return) of the entire plot. The only plausible ground for charging him with being a spy is, that he was in Sandusky, on Johnson's island, and on the Michigan frequently, without having on his person the confederate uniform, but wearing the dress of a private citizen. Mr. and I have addressed a letter to the commandant at Johnson's island, protesting against his being treated as a spy, for the following reasons: "That he was in the territory of the United States as a prisoner against his consent; that he escaped by changing his garb; that he had no confederate uniform when he visited Sandusky, Johnson's island, and the Michigan; that he did not visit them as an emissary from the Confederate States; that whatever he conceived, he had not executed anything; that he had conveyed no information to his government, and did not contemplate conveying any information to the government." His trial has been postponed. I know not why, or for what time. His exchange should be proposed, and notice given that any punishment inflicted on him will be retaliated upon an officer of equal rank. He is a very brave and daring soldier, and patriotic, and deserves the protection of his government. I wrote to you on the 14th June, to the President 25th June, and to you on 11th August and 12th September last. I trust you received those letters. Mr. (who I see has gotten into the Confederate States) has doubtless explained things here. I have never received a line from you or any person excepting my brother at Richmond. I have not changed the views expressed in my former communications. All that a large portion of the northern people, especially in the northwest, want to resist the despotism at Washington is a leader. They are ripe for resistance, and it may come soon after the presidential election. At all events it must come, if our armies are not overcome and destroyed or dispersed. No people of the Anglo-Saxon blood can long endure the usurpations and tyrannies of Lincoln. Democrats are more hated by modern republicans than southern rebels, and will be as much outraged |