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That at abont 11 o'clock of the night of November 10, 1865, a colored man approached the post of Kinsilla from the town, and was challenged and ordered to halt by the sentry. He did not balt, but advanced upon the sentry with a club in his hand and endeavored to pass his post.

That the sentry, Kinsilla, remaining at his post within the gate, brought his musket to a charge, bayonet unfixed, and again ordered the negro to halt.

That the negro seized the musket, advanced one foot within the gate, and struck the sentry, Kinsilla, twice-once on the left arm and once on the left hand, still endeavoring to pass his post.

That the discharge of the sentry's musket followed the last blow from the club immedi. ately, and that by this discharge the negro man was shot dead in attempting to force his way past the sentry's post.

That the discharge of the musket was consequent upon the encounter between the negro and the sentry, and was not a deliberate or premeditated act on the part of the sentry.

That the sentry on post No. 2, Gallagher, heard the sentry on post No. 1, Kinsilla, at about 11 o'clock p. m., order a man to halt, but did not hear any conversation following this order.

That the corporal of the guard, Whelan, who was at the gangway of the James Adger when the musket was discharged, went instantly to the gate, where he found the sentry, Kinsilla, at his post, and saw the body of a black man lying just outside the gateway, apparently dead.

That the sentry, Kinsilla, reported to him that the man had attempted to pass after he had ordered him to balt, and had struck him twice with a club, and that the blow had discharged bis musket and shot the man. Which statement Kinsilla made in substance to the chief engineer, Mr. Whipple, and the surgeon's steward, Mr. White, who immediately followed the corporal of the guard to the gate. And that the sentry made the same report to Acting Vol. unteer Lieutenant Commander John MacDearmid, who came upon the wharf soon after and interrogated him; and that these facts were so reported to the officer of the deck, Mr. Holloway, by the corporal of the guard.

That none of the negroes who were sleeping on the wharf were sufficiently near to over. hear what was passing between the sentry and the man who was shot.

That there is no reliable testimony to show that any one was sufficiently near outside the gate to hear what was passing between the sentry and the man who was shot.

That the alcalde of Aspinwall afterwards visited the wharf, and after hearing from Acting Volunteer Lieutenant Commander MacDearmid a report of the affair, demanded that the sentry should be delivered to him, which demand Acting Volunteer Lieutenant Commander DlacDearmid refused to comply with, but consented to produce the sentry before him at his office on the following morning, which he did.

That on the following morning Acting Volunteer Lieutenant Commander MacDearmid took the sentry, Kinsilla, on shore to the office of the alcalde, that he might be examined in regard to the occurrence of the preceding night; and while so at the alcalde's office the prefect demanded that Kinsilla be delivered up as a criminal, which Acting Volunteer Lieutenant Commander MacDearmid refused to do, and the sentry, Kinsilla, was returned on board the James Adger. The proceedings of the authorities on shore were subsequently in the nature of correspondence with the United States consul at Aspinwall, and copies of all letters on the subject are annexed to the record.

That private Kinsilla bears an excellent character on board the James Adger, and is particularly noted for his peaceful disposition. His appearance and demeanor before the court confirm this favorable testimony as to his character.

The court desire to add to this summary of the testimony the further statement, that so far from the shooting of persons on shore at Aspinwall by sailors or marines of the United States being a “not unusual occurrence," the evidence taken on this point shows that the instance in question is the only one within the knowledge of the present United States consul, who has resided on the isthmus for fifteen years. "It will appear from the record that the British vice-consul at Aspinwall, Mr. Thomas Cathcart Taylor, was invited to be present, either bimself or by deputy, during the proceedings of the court, and was also desired to furnish the names of witnesses competent to testify in the case.

The correspondence between the court and Mr. Taylor shows why he was not present at the session of the court, and is appended to and made part of the record in the case.

WM. REYNOLDS,

Commander United States Navy, President of the Court. H. E. DANIELS, Judge Advocate.

Sir F. Bruce to Mr. Seward.

WASHINGTON, March 23, 1866. Sir: With reference to your communication of the 27th December last, respecting the desire of the United States government to appoint a consul or a consular agent at Hamilton, Canada West, I have the honor to inform you, in accordance with the instructions which I have received, that her Majesty's government readily concur in the creation at Hamilton of either a consulship or a consular agency, as the United States government may prefer.

I have the honor to be, with the highest consideration, sir, your obedient, humble servant,

FREDERICK W. A. BRUCE. Hon. William H. SEWARD, 8c., 8c., Sc.

Mr. Seward to Sir F. Bruce.

DEPARTMENT OF STATE,

Washington, March 26, 1866. Sir: With reference to the case of the steamer General Rusk, alias Blanche, which was chased ashore on the coast of Cuba in 1862, by the United States steamer Montgomery, and burnt by those on board to prevent her from falling into the hands of her pursuers, this department has received authentic information which confirms its original moral convictions upon this subject.

The steamer referred to, which, at the beginning of the rebellion, was one of a line plying between New Orleans and Galveston, in Texas, was seized by insurgent authorities at the last-named place in June, 1861. A few months afterwards she was fitted out as an armed vessel for the protection of the harbor of Galveston. In May, 1862, F. J. Moise, a quartermaster in the insurgent service at Galveston, addressed a letter to James Sorley, then collector of customs there, asking him to issue a register to the General Rusk, in the name of Leon Smith. The request was complied with. The steamer was then disarmed, laden with cotton, and proceeded to Havana, under a contract with Moise, to bring back arms, ammunition, quartermaster stores, and medicines. She returned to Indianola, in Texas, with the cargo contracted for; was there again laden with cotton under the same contract, or another contract with the same parties; but on her next voyage to Havana, her career was put an end to, as above mentioned.

Under these circumstances, this government deems itself further and conclusively warranted in holding that the steamer Blanche and her cargo, at the time of her capture, were the property of the insurgent authorities; that the transfer of that vessel to an alleged British subject at Havana, named George Wigg, was simulated and for the purpose of defrauding the government of the United States; which cannot acknowledge the legality of such transfer, or any rights claimed by Mr. George Wigg, pursuant to the same.

I have the honor to be, sir, with the highest consideration, your obedient servant,

WILLIAM H. SEWARD. The Hon. Sir FREDERICK A. W. Bruce, 8c., fr., &c.

Mr. Seward to Sir F. Bruce.

DEPARTMENT OF STATE,

Washington, May 25, 1866. Sir: I have the honor to transmit to you a copy of a circular which, or the 12th instant, was addressed by this department to the governors of the several States of the United States, upon the subject of granting passports to citizens of the United States. I will thank you to communicate to your government the information contained therein.

I have the honor to be, with the highest consideration, sir, your obedient servant,

WILLIAM H. SEWARD. The Hon. Sir FREDERICK W. A. BRUCE, &C., Sc., sc. The same to all the foreign representatives.

[Circular. )

DEPARTMENT OF STATE,

Washington, May 12, 1866. SIR: It has come to the knowledge of this department that the governor of one of the States of the United States has issued instruments signed by himself, and bearing the seal of the State over which he presides, which instruments purport to be passports to citizens of the United States. These proceedings having been brought to the attention of the Presi. dent of the United States, I am directed by him to inform the governors of the several States that the granting of passports by them, or by any other State authorities, is deemed to be in contravention of the Constitution and laws of the United States and of the law of nations, and that all such instruments are illegal and void, and that such instruments will in no case be recognized by this department, or accepted or recognized by the governments of foreign states. I have the honor to be your excellency's obedient servant,

WILLIAM H. SEWARD. His Excellency the GOVERNOR OF THE STATE OF The same to all the governors of States.

Sir F. Bruce to Mr. Seward.

WASHINGTON, May 25, 1866. SIR: I duly transmitted to her Majesty's government copy of the note which you did me the honor to transmit to me on the 26th of March, alluding to the recent receipt by the government of the United States of authentic information with regard to the steamer Blanche or General Rusk, confirmatory of their original moral convictions as to the ownership of that vessel and her cargo.

Her Majesty's government, while admitting that the cessation of the war may possibly have removed some hindrances which previously existed to the discovery of evidence bearing upon the true facts of the case, think it reasonable that her Majesty's minister in the United States should be afforded an opportunity of seeing the documents in which that information is contained, in order that he may report thereupon his opinion on the case.

I am consequently instructed to request that you will be good enough to allow me to peruse the documents referred to in your communications.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

FREDERICK W. A. BRUCE. Hon. WILLIAM H. SEWARD, 8c., fc., fr.

Sir F. Bruce to Mr. Seward.

WASHINGTON, May 31, 1866. Sir: I have the honor to inform you that the government of Canada have authorized P. Fortin, esquire, the magistrate commanding the government ves

sel La Canadienne, employed in protecting the fisheries of Canada, to issue fishery licenses on the payment of the sum of fifty cents per ton of measurement of the vessels proposed to be used in fishing.

These licenses will remain in force during this season, and will confer upon the holders of them, as far as the Canadian fisheries are concerned, all the rights enjoyed by the fishermen of the United States under the reciprocity treaty.

This measure is of a provisional nature, and I trust that before another fishery season arrives an opportunity will be afforded of placing this and other matters affecting the trading relations between the United States and the provinces on a permanent and satisfactory footing.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

FREDERICK W. A. BRUCE. Hon. WILLIAM H. SEWARD, Sc., dr., fr.

Sir F. Bruce to Mr. Seward.

WASHINGTON, June 2, 1866. Sir: The British Admiral Sir James Hope has forwarded to me copies of the correspondence which took place between Captain Boggs and the officers in command of her Majesty's ships Niger and Fawn, with reference to a shot fired from the latter vessel while lying in the river St. Croix, which appears to have struck on the American side of the river, near Robbiustown, on the evening of the 11th of May.

Without entering into the details of the affair, which have no doubt been communicated by Captain Boggs, I think it right to mention that the shot was not fired in a spirit of wantonness, or without a reason. Orders had been given to search boats leaving the New Brunswick shore, in order to prevent some men who were missing from the regiment stationed in the neighborhood of St. Andrews from crossing to the American shore. On observing a boat pulling across from the New. Brunswick side, the captain of the Fawn despatched ove of his own boats to see that the men were not on board, and on perceiving that she did not stop, and was likely to succeed in escaping the search, his suspicions were aroused, and he caused a shot to be fired to bring her to. I see no reason to doubt the statement that the boat was in British waters at the time when the shot was fired, and that, as the vessel was riding to the flood-tide, and the gun was fired over the stern, there was no reason to apprehend that the ball would deflect in such a manner from its true course as to strike the American shore.

I regret very much that a violation of the American territory, though fortunately unattended with injury, has taken place, and I can assure you, sir, that the instructions issued to the squadron, and the disposition of the officers commanding, prescribe not only the respect that is due to the territory and jurisdiction of the United States, and an abstinence from any proceeding that is an infringement of her rights, but a harmonious co-operation with the United States navy and authorities in the discharge of the delicate duties which have been imposed on them by the late occurrences on the frontier.

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., fr., sc.

Mr. Seward to Sir F. Bruce.

DEPARTMENT OF STATE,

Washington, June 4, 1866. SIR: I have the honor to acknowledge the receipt of your note of the 31st ultimo, in which you inform me that the government of Canada have authorized P. Fortin, esq., the magistrate commanding the government vessel La Canadienne, employed in protecting the fisheries of Canada, to issue fishery licenses on the payment of fifty cents per ton of measurement of the vessels proposed to be used in fishing, these licenses to remain in force during this season, and to confer upon

the holders of them, as far as the Canadian fisheries are concerned, all the rights enjoyed by the fishermen of the United States under the reciprocity treaty, and that this measure is provisional.

In reply, I have the honor to inform jou that this provisional arrangement is duly appreciated by this government as evincing an amicable and liberal spirit on the part of the authorities of Canada, and that it will be made public, for the information of parties interested in the Canadian fisheries.

Concurring in your friendly wishes for an early and satisfactory adjustment of questions of trade and intercourse between her Majesty's provinces and the United States, I have the honor to be, with the highest consideration, sir, your obedient servant,

WILLIAM H. SEWARD. The Hon. Sir Frederick W. A. Bruce, fc., 8c., $c.

Mr. Seward to Sir F. Bruce.

Department of State,

Washington, June 11, 1866. SIR: The Secretary of War has laid before the President several despatches which were received yesterday and to-day from Major General Meade, who is commanding the United States forces on the Canadian frontier.

These communications warrant the President in believing that the so-called Fenian expedition is now entirely at an end, and that order and tranquillity may be expected to prevail henceforth upon that border.

I regret, however, that I am obliged to connect with this gratifying information the further statement that reports have reached Major General Meade to the effect that some Canadian or British troops have crossed the line, and entered within the territory and jurisdiction of the United States. It is even said that this entry took place after the disturbers of the peace, under the command of the leader named Spear, had relinquished their forbidden enterprise, and withdrawn within the boundary line of the United States.

The reports go so far as to say that prisoners have been taken on the soil of the United States and conveyed to Canada, and that the Canadian agents bave threatened that these prisoners, together with such stragglers as may now be found within the Canadian lines, will be immediately executed, without legal trial.

It is believed that these reports are exaggerated. Care has been taken by Major General Meade to have them promptly investigated. In the mean time I am instructed by the President to represent to you, and through you to the British and Canadian authorities, that this government could not look without serious concern upon the practice of any unnecessary severity, and especially upon the exercise of retaliation, or other illegal proceedings, upon the persons of such of the offenders as have fallen, or shall hereafter fall, into the hands of the Canadian authorities. I respectfully invite your attention to this subject, with

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