Second. that the conduct of the said Shaver while in the sUnited States-in his seditious conversation and in his active aid to the insurgants in facilitating comunications and conveying correspondence and supplies-was highly criminal and subjected him to imprisonment in the discretion of the President, to whose clemency solely he is now indebted for his liberty.
Third. that it does not appear that Shaver at the time of his arrest or at any other specified period had his proper domicile in British teritory or elsewhere than in the United States.
Fourth. That it does not appear that Shave is or ever was a British subject.
If these conclusions are sustained or anyu material portion of them it is apparent that the case of Mr. Shaver has already had more attention in this form than it is entitled to.
I have the honor to be, with high consideration, your lordship's obedient servant,
WILLIAM H. SEWARD.
WASHINGTON, January 3, 1863.
Honorable WILLIAM H. SEWARD, &c.
SIR: On receiving from me a copy of the note which you did me the honor to address to me on the 30th of May last respecting the imprisonment of Mr. John G. Shaver, Her majesty's Government considered it advisable to write to Canada for further information on the subject. Her Majesty's Government having in this way obtained additional evidence have again taken the case into their consideration and have directed me to make to you a further represntation with regard to it.
To beging with-mr. Shave's claom o be a British subject: It is proved by the affidavits of Nancy Moore, Peter Shaver, John Hedley and others which I have the honor to transmit to you herewith* that Mr. Shaver is of British descent and that he and his family have always had their residence on British territory. It appears indeed from the affidavit of Mr. Benjamin and others (which also are inclosed) that Mr. Shaver has had from many years past (and had at the time of his arrest) a residence at Belleville, in Upper Canada, at which his wife lives and to which it has been his habit to return whenever the claims of his business have allowed him to do so. It does not appear that he ever had a fixed residence within the territory of the United States, and his occupation while in those States was of a nature to cause constant traveling from one part of the country to the other and almost to exclude the idea of any fixed residence whatever, and moreover it continued only for a limited portion of each year.
Her Majesty's Government are then clearly of opinion that Mr. Shaver has established by good proof that he is a born subject of her Majesty, and what is of less importance that he has retained his British domicile; and as regards this latter point Her Majesty's, and what is of less importance that he has retained his British domicile; and as regards this latter point Her Majesty's Government confess that they have failed to perceive that force of the remarks made in your note or the justice of the rebuke which you found upon them.
The domicile of the wife was not stated to be the domicile of the husbenad; but the fact of the residence of the wife and family at a particular place was in the case of a traveling agent alleged as part of the evidence that his home ordomicile was in that place. This position is in accordance with the best authorities, English and American, upon