Nations cannot afford to have the intercourse which the interests of their citizens require to be kept open subjected to the annoywhich would result from the admission of fraud or duplicity into such intercourse. It has therefore become a usage having the authority of a principle in the correspondence between enlightened governments in relation to the calims of citizens or subjcts that any deception practiced by a claimant upon his own government in regard to a controversy with a foreign government for the purpose of engancing his claim or influencing the proceedings of his government forfeits all title of the party attempting such deception to the protection and aid of his govenment in the controversy I question, because an honorabe government cannot consent to complicate itself n a matter in which it has itself been made or attempted to be made the victim of a fraud for the benefit of the dishonest part.
Mr. Shaver in presenting his application to Lord Russell had been unmindful of the obligations of trugh and good faith in several particulars if I am correctly informed. He alleges that on his arrest he was roughly handled, stripped and even his boots cut open in search of dispatches, and that he was thrust into a dungeon among a number of negroes and malefactors of the vilest kind, while it is in proof by the swirn statement of the person having him in charge during his detention in Detroit, about five hours, that there is not a particle of truth contained in this statement and that he is not believed to have seen any prisoneer while confined there. And it is also in proof by the affidavit of Georga R. Barse, and officer who assisted in his arrest and who conveyed him to the custody of the officer commanding Fort Lafayette, that he was searched in as quiet a manner as possible; nothing was done toward injuring his apparel, no boots ripped-everything was done in as gentle, quiet a manner as was consistent with the duty required, and that in his statement in reference to his arest and rough handling, cutting of boots, &c., so far as the knowledge of said officer extends there is not one particle of truth contained.
In his said letter to Lord Russell Mr. Shaver repeatedly alleges that as soon as he learned the grounds of his arrest he demanded his trial and to be brought to trial without delay, while in all the correspondence touching his case between your legation and this Department and in all the correspondence previous to said letter to Lord Russell, copies whereof have been communicated by you to me, there is no allusion to a trial; but Shaver's release is claimed by him and sought for by his friends on the ground of his assumed innocence and the allegation that no charges of criminality were made against him.
In his said letter to Lord Russell Mr. Shaver states that when typhoid fver broke out in Fort Lafayette and the prisoners were dying so rapidly as to arouse public attention adn procuce an outcry of indignation he was removed to Fort Warren, Boston Harbor, when in truth there was not during the time of his confinement there nor at any time while said fort was used as a place of detention for state criminals any breaking out or prevalence of typhoid fever at Fort Lafayette nor were there any deaths of prisoners of state there at that or any otherr time from typhoid fever or any other cause. From all which it seems manifestly to result:
First. That Mr. Shaver stands convicted of inexcusable fraud and misrepresentation in his appeal to the British Government the consequences whereof so far as he is concerned are in the hands of that Government.