Farrar to Sworn at Halifax, this 14th day of December, A. D. 1863, before me. J. JENNINGS, J. P, December 14, 1863

Mr. Farrar to the United States Consul.

She lies behind Blue island, near Jordan, out of sight, discharging cargo into lighters, and waiting for coals.

[Enclosure 7 in No. 5.]

Warrant.

Halifax, ss., Province of Nova Scotia, ———,, 1863.

I, Hastings Doyle, administering the government of the province of Nova Scotia: to all justices of the peace and other magistrates and officers of justice having power to commit for trial persons accused of crime against the laws of Nova Scotia, send greeting:

I, the said administrator of the said government of this province of Nova Scotia, acting in virtue of and in obedience to the requirements of an act of the imperial Parliament of Great Britain and Ireland made and passed in the sixth and seventh years of the reign of our sovereign lady Queen Victoria, entitled “An act for giving effect to a treaty between her Majesty and the United States of America for the apprehension of certain offenders,” do hereby signify and make known to you that by authority of the said United States, in pursuance of and according to said treaty, which in the said act of Parliament is in part recited, requisition in writing has been made to the following effect, that is to say:

“Halifax, December 16, 1863.

“I, Nathaniel Gunnison, of the city of Halifax, in the county of Halifax, esquire, vice-consul of the United States of America, acting as consul in the absence of M. M. Jackson, consul, request of the government of Nova Scotia that they will give to the government of the United States all the assistance and co-operation in their power towards the apprehension of John C. Braine and the crew under his control, who have been guilty of an act of piracy in seizing unlawfully the steamer Chesapeake, an American steamship, off Cape Cod, and in causing, while so seizing illegally, the death of Orin Schaffer, second engineer on board said steamship, by shooting him. That I request the assistance of the government of Nova Scotia by virtue of being the acting consular officer in this city and province, and upon the request of the government of the United States communicated to me by the honorable W. H. Seward, that the said John C. Braine and his crew are offenders against the laws of the United States, and that they are now seeking an asylum in the province of Nova Scotia in order to protect themselves and evade the laws of the United States and the punishment of crimes committed within the jurisdiction of the United States, and of crimes as well against the laws of the United States as against the laws of Great Britain and her colonies and dependencies, and I now request the assistance of the government and authorities of Nova Scotia by virtue of the provisions of the treaty commonly called the Ashburton treaty, and made between Great Britain and the United States, and I request the government and authorities of Nova Scotia to consider this as a requisition required by the said treaty from the United States government.

“NATHANIEL GUNNISON, “Vice-Consul, Acting Consul of the U. S. Government.”

And I require you and each of you within your several jurisdictions to govern yourselves accordingly, to the end that the said John C. Braine and other the persons in the said requisition, accused as aforesaid, may be arrested and dealt with according to the provisions of the said treaty.

Given under my hand and seal at Halifax, in the said province, this 17th day of December, A. D. 1863.

Memorial of Susan Henry.

The humble memorial of Susan Henry, wife of William Henry, of Halifax, Engineer, showeth—

That her husband, the said William Henry, together with his brother Alexander Henry, were employed the day before yesterday to ship as engineers on board a steamer, and went shortly after to join her at the mouth of the harbor.

That your memorialist has since understood, and believes, that they have been unlawfully seized by the officers and crew of a steam-vessel said to be a United States man-of-war, called the Ella and Annie, and are now in confinement as prisoners on board one of the American men-of-war in this harbor.

That both William and Alexander Henry had returned to this port about a fortnight since from a previous voyage, their occupation being steamboat engineers, and they have not been absent from home since their return till they left the day before yesterday to join said boat.

That they are both British subjects, and reside in Halifax.

Your memorialist prays that your excellency will take steps to procure the immediate release of the said William and Alexander Henry.

Memorial of John E. Holt.

The memorial of John E Holt, shipmaster, humbly showeth—

That he is a British-born subject, and is owner and master of the British schooner Investigator, belonging to the port of Halifax, where your memorialist resides.

That on the 16th day of December instant, while he was in command of his said vessel in British waters, to wit, in the harbor of Sambro, within the body of the county of Halifax, his said vessel was forcibly entered by the officers of a United States vessel-of-war, the particulars of which are detailed in the annexed affidavits, to which your memorialist begs leave to refer your excellency.

Your memorialist, having sustained the injury and insult therein described at the hands of a foreign man-of-war in British waters, looks to your excellency, as the representative of her Majesty and commander of her Majesty’s forces in this province, for protection, and he prays that the outrage thus committed on him will meet with redress at the hands of your excellency.

And your memorialist, as in duty bound, will ever pray.

Affidavit of John E. Holt.

Halifax, ss:

I, John E. Holt, at present of the city of Halifax, master mariner, make oath and say: That when I left the steamer Chesapeake in Sambro harbor, where she was at anchor on the 17th day of December instant, and before she was boarded by the United States ship-of-war Ella and Annie, William Henry and Alexander Henry, both of the city of Halifax, engineers, were on board of the steamer Chesapeake, and I feel quite certain neither of them left her before she was captured, nor within two hours afterwards, as no boat could have left either the Chesapeake or the Ella and Annie within that time and reached the shore without my knowing of it, and seeing the persons in it.

Affidavit of John E. Holt.

Halifax, ss:

I, John E. Holt, at present of the city of Halifax, master mariner, make oath and say: That I am master and owner of the British schooner Investigator, registered at the port of Halifax, Nova Scotia.

That on the morning of the 17th day of December instant the said schooner was in the small harbor of Sambro, near Halifax, Nova Scotia, and a large steamer called the Chesapeake was at anchor in the said harbor about 200 yards from the shore, with six or seven men on board of her. That at about 7 o’clock a. m. I saw a federal man-of-war coming into the harbor, and when she came near I got under way, and, proceeding further up the harbor, came to an anchor about 400 yards from the Chesapeake, and about 200 yards from the shore. That the Chesapeake had no flag flying until the federal man-of-war was about 100 yards off, when a federal flag was hoisted at the peak upside down, but in two or three minutes, and before she was boarded, it was reversed and again hoisted. That the man-of-war (the name of which I have ascertained to be the Ella and Annie,) having the federal flag flying ran alongside of the Chesapeake, and made fast to her. About an hour after, a boat with an armed crew started from the Ella and Annie and came alongside of my schooner. I was below when they reached the vessel, but came on deck on hearing the noise they made coming on board. When I reached the deck, I found six or seven armed men there at work opening the hatches of my vessel. I then asked one of them, who appeared to be an officer, to show me his authority. He struck the pistol which was in his belt, and said that was his authority. I said I did not think he could overhaul my vessel in a British port; and then three of his men, cocking their pistols, pointed them at me and told me to hold my tongue. The officer then said he had a great mind to take me prisoner and take me to the States, as I would make a d—d good evidence. He then asked me if any of the Chesapeake’s men were below. I said, “No,” as I thought they had all gone on shore. They then opened the hatches and searched the vessel from one end to the other, and took away as prisoner one of the men of the Chesapeake who was asleep in the cabin in one of the berths, and a large quantity of trunks and baggage and other articles which had been put on board of my vessel by some of the men of the Chesapeake, and left the vessel. That the search was conducted throughout in a very rough and tyrannical manner, and a guard kept on deck all the time with cocked pistols. That at about half-past 11 o’clock a. m. I sailed from Sambro harbor in the said schooner, leaving the two steamers there. That I did not at the time know the name of the man that was taken from my vessel, but I have since been informed that his name is John Wade; and I further say that I am a British subject, born in Nova Scotia, and have never taken the oath of allegiance to any foreign state.

Affidavit of Daniel Murphy.

Halifax, ss:

I, Daniel Murphy, of Dover, in the county of Halifax, mariner, make oath and say: That I was one of the crew of the schooner Investigator, John E. Holt, master, and was on board of her when she was in Sambro harbor on the 17th day of December instant; that I have heard the affidavit of the said John E. Holt, which is hereto annexed, read over to me, and I say that the statements made therein are true in every particular.

[For enclosure 21 in No. 5, Mr. Seward to Lord Lyons, December 18, 1863, see enclosure 6 in No. 3.]

[Enclosure 22 in No. 5, Lord Lyons to Mr. Seward, December 18, 1863, published elsewhere.]

[Enclosure 25 in No. 5.]

Warrant.

Halifax, ss:

I, Hastings Doyle, administering the government of the province of Nova Scotia, to all justices of the peace, and other magistrates and officers of justice having power to commit for trial persons accused of crime against the laws of Nova Scotia, send greeting:

I, the said administrator of the said government of this province of Nova Scotia, acting in virtue of and in obedience to the requirements of an act of the imperial Parliament of Great Britain and Ireland, made and passed in the sixth and seventh years of the reign of our sovereign lady Queen Victoria, entitled an act for giving effect to a treaty between her Majesty and the United States of America for the apprehension of certain offenders, do hereby signify and make known to you that, by authority of the said United States, in pursuance of and according to the said treaty, which in the said act of Parliament is in part recited, requisition in writing has been made to the effect following, that is to say:

[See enclosure 24 in No. 5.]

And I require you, and each of you, within your several jurisdictions, to govern yourselves accordingly, to the end that the said Henry C. Braine, sometimes called John C. Braine, George Brooks, Henry A. Parr, George Sears, George Moore, Eobert Cox, Gilbert Cox, James Kinney, George Wade, Robert Moore, and William Harris, persons in the said requisition accused as aforesaid, may be arrested and dealt with according to the provisions of the said treaty.

Given under my hand and seal, at Halifax, in the said province, the 19th day of December, A. D. 1863.