War of the Rebellion: Serial 115 Page 1000 PRISONERS OF WAR, ETC.

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place, but that he has been informed by some of the best citizens that he has not spent over one month in each year with his wife. It is shown by a statement of the treasurer of the Saint Louis, Alton and Chicago Railroad Company, of the State of Illinois, that he was employed by that company in September, October and November, 1861, and that his place of abode was nominally either at Buffalo or Toronto, his letters being always addressed to the former point. It moreover appears by his own statement as given in your note as well as by all other testimony that in 1861 and at the time of his arrest "his headquarters were at Louisville in Kentucky. "

These beins the facts it would seem that in assuming that Mr. Shaver when arrested was not domiciled in the United States but in Canada, as stated in your note, Her Majesty's Government have committed the error of reversing the rule believed to be universal in its application that the domicile of the wife depends upon and follows that of the husband, and making the domicile of this Shaver depend upon and follow that of his wife, whom he indeed occasionally visits but with whom he has not for years resided.

It is not, however, thought necessary to reduce the question of his domicile to any greater certainty. It is manifest that traveling and being withing the limits of the United States in the pursuit of a business occupation he was bound even if a subject of a foreign government "not to content himself with barely respecting the laws of the country; he ought to assist it upon occasion and contribute to its defense as far as is consistent with his duty as a citizen of another State. " But regardless of this obligation, with manifest ingratitude toward the Government under whose favor and protection he was enjoying a "lucrative position," he yielded himself to the purposes and service of the enemies of that Government by becoming the vehicle of their calumnies, to sow disaffection and engaging in their actonvayance of intelligence, correspondence and supplies.

It is in proof by the affidavit of Sears P. Thompson that he (Thompson) had several conversations with Shaver in reference to out national difficulties and on each and every occasion he expressed himself very strongly in favor of the rebels, insomuch that Thompson cautioned him not to do so, admonishing him that if he persisted he would sooner or later get into trouble. It is also in proof that when traveling between Canada and Louisville in his capacity of ticket agent during the summer of 1861 it was customary for him to have with him one or two large trunks and that these trunks came northward light and went wouthward heavy. It is also in proof that he stated that while on the way to Fort Lafayette after this arrest that he had parcels in some express office which he expected to receive to carry South and that the empty trunk was to be used for the purpose of packing the same. It is also in proof that previous to his arrest he stated to an acquaintance his intention of going contrary to the President's proclamation to New Orleans, Richmond and other points in the insurrectionary States and offered to aid his said acquaintance in traveling the same route and that letters were committed to his charge to be delivered in Richmond. It is also in proof that in the month of October, 1861, and before his arrest he told a traveling companion between Detroit and Toronto that he was in the business of conveying correspondence between parties in the insurrectionary States and their friends in Canada or on the European steamers and afterward, having in the meantime been on board a steamer just arrived at Quebec fro Liberpool, he told the esame person at Montreal that he could get $5,000 for devilering what he had in the South and that he intended to make it.