Rawson to Hume Burnley, January 14, 1865

Mr. Rawson to Mr. Burnley

Sir: I deem it advisable that you should be made acquainted with the fact, that in consequence of my having become aware that Mr. Solicitor General Burnside had been retained and was acting for the defendants in the matter of the steamer Mary, seized by my orders in this port, of which you have already received notice, I immediately required that gentleman to resign his brief or his office.

2. Mr. Burnside pleaded his right to act against the Crown, under a general license which he possesses in all cases in which the attorney general does not require his services. But I informed him that this was not a case contemplated in his general license; that although his services were not required to assist in the prosecution, it was not fitting that he should appear against the Crown, and the United States government, which is interested in the due enforcement of the foreign enlistment act in this case, would learn with surprise, and might complain with reason, that while one law officer was enforcing the provisions of the act, another was engaged in opposition to him, and it would be difficult to convince them that this was not with the consent or approval of this government.

3. Mr. Burnside, in consequence, elected to resign his office. * * * *