Arrest & Imprisonment of James McHugh.

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Document ID 9704163
Date 01-01-1864
Document Type Official Documents
Archive Queen's University, Belfast
Citation Arrest & Imprisonment of James McHugh.;British Parliamentary Papers, 1864, LXII, (cmd.299), pp 481-7.; CMSIED 9704163
44224
                         NORTH AMERICA.
                              NO.16 (1864)
                        FURTHER PAPERS
                        RESPECTING THE
            ARREST AND IMPRISONMENT
                                     OF
                   Mr.JAMES McHUGH
                                     IN
                  THE UNITED STATES.

                         ----------
                                     No.1.
             Lord Lyons to Earl Russell. (Received July 19.)

Washington, June 28, 1864.
My Lord,
                   I HAD on the 25th instant the honour to receive
your Lordship's despatch of the 11th instant, directing
me to ascertain why the recommendation of the
Commissioners in favour of McHugh's release had not been
acted upon, and if necessary to apply to Mr. Seward on
the subject.
      On learning from Mr. McHugh at the beginning of this
month that he was still detained at Fort Warren,
notwithstanding the recommendation of the Commission,
I lost no time in addressing myself to Mr. Seward.
I have since not ceased to remonstrate both verbally
and in writing against the protracted imprisonment of
this British subject, and I had sent a note to Mr.
Seward on the subject on the day before I received
your Lordship's despatch.  It was not however until
the day before yesterday that I received anything
like a satisfactory answer.  On that day Mr. Seward
came to my door, and assured me that Mr. McHugh
would be released immediately.
      I shall not, however, be at ease until I know that
Mr. McHugh is actually at liberty, and it appears
to me that even then there will be due from the United
States' Government at least some explanation with
regard to the fact that he was kept in prison for
more than two months after the Commission had reported
that he ought to be released.  As the case now stands,
this prolongation of his imprisonment appears to be
wholly without excuse.
      I inclose copies of the correspondence which has
taken place in relation to the case since I had the
honour to address to your Lordship my despatch of the
5th ultimo.
      The assertion which appears to have been made to
Mr McHugh's friends at New York, and to have been
communicated to Mr. McKenna, to the effect that I had
advised Mr McHugh to procure his liberation by money
or by influence, is of course wholly without foundation.
I have directed the Acting Vice-Consul at New York
to endeavour to trace the origin of this false
statement, and I should be very much obliged if your
Lordship would cause Mr. McKenna to be asked to
obtain and forward to you copies of the letters
in which it was made, or at all events ascertain
and let you know the names of the writers of the.
I have reason to think it is not impossible that
some such assertion may have been made to Mr. McHugh
or his friends with a view to extorting money
from him, and if so it is extremely desirable that
the authors of them should be discovered, and if
possible brought to justice.
I have, &c.
(Signed) LYONS.

                                     -----------------------
                                           Inclosure 1 in No.1.
                              Mr McHugh to Lord Lyons.

                                                 Fort Lafayette, New York Harbour,
                                                 May 31, 1864.
My Lord,
                   IN again calling your attention to my case, I
have the honour to inform your Lordship that I have
had an interview this morning with the Judge Advocate
of the Military Commission, before whom I was examined
on the 28th January 8th and 23rd February, and who
kindly informed me that the gentlemen composing the
Commission had decided when last examined that there
were no grounds for my detention, and had recommended
my discharge.  I would respectfully request your
Lordship to place yourself in communication with the
proper authorities and procure my release.
I remain, &c.
                                                            (Signed) James McHugh, of Belfast,
Ireland.

                                                --------------------
                                           Inclosure 2 in No.1.
                                     Lord Lyons to Mr. Seward.

Washington, June 5, 1864.
Sir,
       ON the 27th April you were good enough to  inform me
that the Military Commission which investigated the case
of Mr. James McHugh had reported that, in their judgment,
he should be released.  It appears, however, from a letter
which I have received from him, that he was still at Fort
Lafayette on the 31st ultimo, more than a month afterwards.
      I earnestly beg you to call the immediate attention
of the proper authorities to the case, and to move them to
release Mr. McHugh without further delay.
I have, &c.
(Signed) LYONS.
                                                       ---------------
                                    Enclosure 3 in No.1.
                              Lord Lyons to Mr. McHugh.
Washington, June 5, 1864.
Sir,
      I HAVE begged the Secretary of State of the United
States to call the immediate attention of the proper
authorities to your case, and to move them to release
you without further delay.
I have, &c.
(Signed) LYONS.
                                                --------------------
                                                 Inclosure 4 in No.1.
                         Acting Consul Edwards to Lord Lyons.

New York, June 7, 1864.
My Lord,
                  REFERRING to your Lordship's despatch to Mr. Consul
Archibald of the 28th of April, I have the honour to
transmit, herewith inclosed, for your Lordship's
information, a copy of a letter, just received at this
consulate from Mr. James McHugh, confined in Fort
Lafayette.
                                                                         I have, &c.
(Signed) P. EDWARDS.

                                                      ------------------
                                           Inclosure 5 in No.1.
                                     Mr. McHugh to Consul Archibald.

                                                                  Fort Lafayette, New York Harbour,
                                                                  June 6, 1864.
Sir,
       SINCE I last had this pleasure I had an interview,
on the 31st of May, with the gentlemen composing the
Military Commission, before whom I was examined on
three different occasions; they assured me that they
were not aware of my still being held as a prisoner,
as there were no grounds for my detention, and had
recommended my discharge on the 23rd February.  The
Judge Advocate (Major Bolles) requested me to write
to Lord Lyons ( a copy of which I inclose), and he
would forward same on that evening, inclosing a note
from himself.  Up to the present time I am without
an answer, and I have now to request that you will call
his Lordship's attention to my case, who, with these
facts before him, can insist on my release.
I have, &c.
(Signed) JAMES McHUGH.

                                                --------------------
                                          Inclosure 6 in No.1.
                               Mr. Seward to Lord Lyons.

Washington, June 10, 1864.
My Lord,
                   I HAVE the honour to acknowledge the receipt of
your note of the 5th instant, relating to James McHugh,
and in reply to inform your Excellency that I have
recalled the attention of the Secretary of War to
the case.
I have, &c.
(Signed) WILLIAM H. SEWARD.
                                                       ----------------
                                           Inclosure 7 in No.1.
                              Lord Lyons to Acting Consul Edwards.

Washington, June 11, 1864.
Sir,
       IN answer to your despatch of the 7th instant, I have
to inform you that I had already received from Mr. McHugh,
a similar letter to that addressed to you, of which a
copy was inclosed in your despatch, and had written in
answer on the 5th instant, to say that I had begged the
Secretary of State of the United States again to
recommend the case to the immediate attention of the
proper authorities.
      In reply the Secretary of State informed me yesterday
that he had recalled the attention of the Secretary of
War to it.
I am, &c.
(Signed) LYONS.
                                                      ----------------
                                           Inclosure 8 in No.1.
                              Acting Consul Edwards to Lord Lyons.

New York, June 13, 1864.
My Lord,
                  REFERRING to my despatch of the 7th instant, I
have the honour to transmit herewith inclosed, for
your Lordship's information, a letter just received
at this Consulate (in one addressed to me) from Mr.
James McHugh, in Fort Lafayette.
I have, &c.
(Signed) P. EDWARDS.
                                                 ---------------

                                           Inclosure 9 in No.1.
                                          Mr. McHugh to Lord Lyons.

Fort Lafayette, June 13, 1864.
My Lord,
                        I HAVE the honour to acknowledge the receipt
of yours of the 5th instant, in which your Lordship
informs me of an interview you had with the Secretary
of State of the United States in which you demanded
my release without any further delay.  As I see no
signs of any approaching freedom, I would again
respectfully ask your Lordship to procure an
interview with the  Honourable E.M. Stanton, and on
the representations you may make, he will give your
Lordship an order for my liberation.
I have, &c.
(Signed) JAMES McHUGH.
                                           ------------------
                                                Inclosure 10 in No.1.
                                     Acting Consul Edwards to Lord Lyons.

New York, June 22, 1864.
My Lord,
             IN referring to your Lordship's despatch of the 11th
instant, I have been begged by Mr. James McHugh again to
draw your Lordship's attention to the fact of his
continued imprisonment.
      Mr. McHugh informed me, when I yesterday saw him in Fort
Lafayette, that he had up to that time received no
information further than that what has been communicated
by your Lordship, that he would soon be released.
I have, &c.
(Signed) P. EDWARDS.
------------
                                                 Inclosure 11 in No.1.
                                           Lord Lyons to Mr. Seward.

Washington, June 24, 1864.
Sir,
       I HAD on the 5th instant the honour to remind you that
you had informed me on the 27th April previously that the
Military Commission which had investigated the case of
Mr. James McHugh had reported that in their judgement he
should be released.
      You were so good as to state to me on the 10th instant
that you had recalled the attention of the Secretary of War
to the case, but I have reason to fear that although two
months or more have elapsed since the Military Commission
recommended that Mr. McHugh should be released, this
unfortunate man is still in confinement at Fort
Lafayette.
      I earnestly entreat that orders may without
further delay be given for his restoration to liberty.
I have, &c.
(Signed) LYONS.
------------------
                                                       Inclosure 12 in No.1.
                                                Lord Lyons to Mr. McHugh.

Washington, June 24, 1864.
Sir,
       I HAVE this day addressed a note to the Secretary of
State of the United States, calling his attention to the
fact that two months have elapsed since the Military
Commission which investigated your case reported that,
in their opinion, you ought to be released, and I have
earnestly entreated that orders may, without further
delay, be given for your restoration to liberty.
      I have received to-day a letter from you, dated the
13th instant, a duplicate of which I received through Her
Majesty's Consulate at New York on the 14th instant.
I am, &c.
(Signed)  LYONS.
                                    ------------------------------
                                                 Inclosure 13 in No.1.
                                          Lord Lyons to Acting Consul Edwards.

Washington, June 24, 1864.
Sir,
            I HAVE received your despatches of the 13th instant,
and of the day before yesterday, respecting the case of
Mr. James McHugh.
      Your despatch of the 13th instant crossed that from me
written on the same day, in which, in answer to a
previous despatch from you dated the 7th instant, I
informed you that I had begged the Secretary of
State of the United States again to recommend the case
to the immediate attention of the proper authorities,
and that the Secretary of State had written to me
on the 10th instant to say that he had recalled the
attention of the Secretary of War to it.
      A fortnight having since elapsed, and no further
communication having reached me from the Secretary
of State, I have again earnestly requested that
orders may, without delay, be given for the
restoration of Mr. McHugh to liberty.
I am, &c.
(Signed) LYONS.
                                                                  -----------
                                                      Inclosure 14 in No.1.
                                    Lord Lyons to Acting Consul Edwards.

Washington, June 28, 1864.
Sir,
       WITH reference to your despatch of the 22nd instant,
and to the previous correspondence relative to the case
of Mr. James McHugh, I have to state to you that the

Secretary of State of the United States assured me
yesterday that Mr. McHugh would be immediately set free.
I am very anxious to hear from you that he is actually
at liberty.
      I have been informed that Mr. McHugh's friends at New
York have written to England to the effect that I advised
him to procure his release by influence or by money.
I am particularly anxious to trace the origin of this
false statement.  I therefore beg you to see Mr.
McHugh as soon as possible, and to ask him whether he
was ever told that I had advised him to procure his
release by influence or money; and if he says that
he was told this, to call upon him to state by whom.
      You will also take any other measures which may
occur to you as calculated to ascertain the origin
of the unfounded assertion. I have written to England
for further information on the subject.
I am, &c.
(Signed) LYONS.
                                                 ------------------
                                                             -----------
No.2.
                                          Lord Lyons to Earl Russell,(Received July 9).

Washington, June 28, 1864.
My Lord,
                  I HAVE recently had cause to suppose that attempts
have been made to extort money from British subjects, as
well as from Americans, by persons having or pretending
to have influence enough to obtain their release from
prison.  Indeed, I very much suspect that in several
instances prisoners have obtained their release by
paying money, and that others have been detained on
various pretexts for the purpose of extorting money
after orders have been sent for their release.  I have
directed the Acting Consul at New York to lose no
opportunity of collecting evidence on the subject;
but I have not yet been able to obtain sufficient
proof to warrant my making a formal complaint to the
United States' Government, or, indeed, to justify my
reporting the existence of the practice to your
Lordship as an ascertained fact.
      It is with a view to assist in obtaining evidence
on this point that I am particularly anxious to be made
acquainted with the names of the writers of the
letters who stated that I had advised Mr. McHugh
to procure his release by influence or by money.  If
an assertion to this effect was really ever made
to Mr. McHugh or his friends, there can be little
doubt that it was made for the purpose of extorting
money from him, by leading him to despair of
obtaining his release by my exertions; and it would be
important to take advantage of any clue for
discovering the authors of it.
I am, &c.
(Signed) LYONS.

                                                       ----------------
                                                                  No. 3.
                                           Earl Russell to Lord Lyons.

Foreign Office, July 9, 1864.
My Lord,
                   HER Majesty's Government approve your Lordship's
proceedings, as reported in your despatches of the
28th ultimo, with regard to the case of Mr. James
McHugh.
I am, &c.
(Signed) RUSSELL.
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