The Fight for Compensation for the Murder of John H. Tunstall
by David Thomas
The sadistic murder of John Henry Tunstall is remembered for the violence it unleashed and for the emergence of figures later mythologized in the American West: Billy the Kid (William Henry McCarty) and Patrick “Pat” F. Garrett.
But Tunstall’s killing did not end in New Mexico. It crossed the Atlantic.
This book reveals a dimension of Tunstall’s murder unknown even to specialists: the prolonged diplomatic struggle between the governments of the United States and Great Britain over justice and accountability. At issue was a fundamental question of international law and state conduct in the late nineteenth century – what obligations did a government owe to a foreign national who had been killed by its own territorial officials acting under official authority?
For years after Tunstall’s death, British and American diplomats engaged in an extended legal argument. The British government contended that Tunstall, a British subject, had been unlawfully killed and his property looted by officials of a United States territory, and that his family was therefore entitled to compensation. The American government resisted this claim, arguing the limits of federal responsibility for territorial actions. The result was a sustained diplomatic dispute that illuminates not only the circumstances of the killing itself, but also how two major powers conducted such disagreements in the 1880s – through formal correspondence, legal memoranda, and incremental negotiation.
This volume presents, for the first time, the complete British Government Foreign Office file on the murder of John Henry Tunstall. In nineteenth-century Britain, a compiled collection of official correspondence on a specific issue was known as a Blue Book. Issued by the Foreign Office, such volumes were intended to inform Parliament and preserve an authoritative record of government action. The Tunstall Blue Book consists of 177 individual documents that trace the evolution of the case from the British government’s first learning of the murder to its transformation into a serious international dispute.
Among these documents are twelve letters written by Tunstall’s father, John Partridge Tunstall. In these letters, he expresses the profound personal trauma and financial devastation caused by his son’s death. John Partridge had provided the capital for Tunstall’s business ventures in New Mexico, and the looting following the murder led to the collapse of his personal finances. His correspondence reveals a man under intense psychological strain, consumed by grief, anxiety, and the consequences of the failure of justice. The letters suggest that this prolonged distress and uncertainty led to his decline and eventual death in a mental health clinic in Germany. After his death, his widow assumed responsibility for pursuing the claim.
Beyond its diplomatic significance, the material reproduced here provides details of the aftermath of the killing that are not available elsewhere. The documents reveal how the British government understood the events in New Mexico, how information was gathered and assessed, and how the actions of territorial officials were framed within contemporary international legal norms. They also demonstrate how slowly justice was pursued when it depended not on courts or juries, but on diplomacy.
This book is the record of a previously unknown diplomatic fight. The documents allow readers to see the dispute unfold as its participants experienced it, with all its frustrations and political constraints. They are reproduced without alteration, retaining the original British spelling (inclosure, intrusted, gaol, etc.). For clarity, and where necessary for context, the editor has added notes in brackets.
This book is Volume II of a two-volume series. The first volume is The Frank W. Angel Report on the Death of John H. Tunstall.
19 images photos, 206 pages
Paperback: 978-1-952580-19-2
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