I beg permission further to add that the prompt and unceasing attention of thei rexcellencies the Governor-General of Canada and the British ambassador at Washington on my behalf entitles them to my heartfelt and warmest thanks. I feel they did all for me they could have done had my position been equally exalted with their own.
I have, &c.,
JOHN G. SHAVER.
DEPARTMENT OF STATE, Washington, April 30, 1862.
WILLIAM H. BARSE, Esq., Detroit, Mich.
SIR: I inclose an extract* from a memorial of John G. Shaver to Earl Russell in which he makes representations in regard to his treatment when arrested at Detroit, the truth of which or the reverse you will please to report upon at your earliest convenience.
I am, your obedient servant,
WILLIAM H. SEWARD.
DEPARTMENT OF STATE, Washington, May 30, 1862.
Right Honorable Lord LYONS, &c.
MY LORD: I had the honor on the 28th ultimo to acknowledge the receipt of your note of the 26th ultimo relating to the case of Mr. John G. Shaver, and I have now the honor to acknowledge the receipt of a copy of the said Shaver's letter to Lord Russell, dated February 3, 1862, which was communicated in your note of April 29.
Having made such inquiries as seemed necessary to an ascertainment of the truth so fas as opportunity has been afforded I now submit the following observations touching the case as presented in Shaver's letter to Lord Russell and in your note founded thereon for your consideration:
Mr. Shaver's allegation that he is a British subject has hitherto been suffered to pass without inquiry, but information of a contrary tenor has been received which although not conclusive, as it only rests on his own word, is yet entitled to higher credibility than his present assertion inasmuch as no otive then existed for misrepresentation. It is reported to me that he has heretofore professed at Belleville where he pretends to reside that he was a native and citizens of the United States.
Although under the other proof existing in the case it may be wholly unimportant where he was born or to what nationality his allegiance is due, yet it is proper eight of his own declarations preponderating in favor of his being a citizen of the United States, he cannot be permitted to avail himself of a supposititious title to British protection in the prosecution of a claim against the United States without satisfactory affirmative proof that he is entitled to such protection.
In regard to his actual domicile at the time of his arrest there seems to be an equal want of certainly that it was established within British territory or in any way entitled him to British protection. It is true that Mr. Benjamin states without qualification that he is a resident of Belleville. Mr. R. W. Patterson, a resident of Belleville, on the other hand states that he has known him about five years and that he made Toronto his home four years of the time; that during that period he was not aware that he had a family, but finds that he has a wife in that
* See Shaver to Russell, February 3, p. 996.