Troublous Times in Canada Part 11

I remain, with unchanged determination and regard, your countryman,

WM. R. ROBERTS, President Fenian Brotherhood.

While President Roberts was busy in penning his proclamations and exhorting his deluded followers to stand by the cause and "keep their powder dry" for a future attempt, the Revolutionary Committee of the Irish Republic were also sending out appeals to all lovers of Republican liberty, invoking further aid, from one of which circulars the following is an extract:

Let the Irish citizens in particular send in commissary stores, such as bread, meat, coffee, sugar, etc., just what each one would like at home. We want all the money you can raise for other purposes-what purposes the people can guess. Let no person imagine that the cause is defeated or that the men who have sworn to free their native land or die, will abandon their cause. A few over-zealous officials have placed some obstacles in our way. The voice of the great American people is at last heard in her halls of Congress, not from a single individual, but from the representatives of thirty, millions, and true to her natural instincts, they raise their voices for the oppressed. G.o.d bless them! They will raise many an anxious spirit through the world and make tyrants tremble on their thrones as the cry goes forth, "America is the defender of liberty." Let the people take heart throughout the land. Call meetings, pa.s.s resolutions, pledge support to the men who inscribe on their banner universal liberty. Be patient, but work! work! Collect money. Have your men ready, and when the cry of fight goes forth, let them come as individuals if they cannot come as companies or regiments.

As a large number of Fenians had gathered at Malone with very hostile intentions, Gen. Meade gave particular attention to the marauders who had mustered there. They had taken possession of the old military barracks at Malone, and were running the town to suit their own inclinations. As the days wore on and the prospects of their receiving arms and supplies to equip the invaders became more and more remote, the leaders chafed, fumed and fretted alternately, and finally became absolutely discouraged. Their fondest hopes were blasted, and they bitterly berated the United States Government in blasphemous language for stopping their expeditions. While the officers were in this frame of mind, their soldiers were worse. They were living on short rations, and their promise of a pleasant sojourn in "The Land of Plenty," where they hoped to revel in all the luxuries of life (when they captured it), was likely to prove but an empty dream. They were becoming turbulent and demonstrative, and it was finally found necessary to invoke the majesty of military power to keep them in subjection. Desertions were now frequent, and they had become a disorganized mob rather than a disciplined army. As this state of affairs was a menace to the public safety of the citizens of Malone. Gen. Meade took a firm grasp of the situation and issued the following order:

MALONE, N.Y., June 9th, 1866.

All persons a.s.sembled at this place in connection with, and in aid of the Fenian organization for the purpose of invading Canada, are hereby ordered, in compliance with the President's proclamation, to desist from their enterprise and disband. The men of the expeditionary force will, on application to the officer in command of the United States forces, on giving their names and residences, and satisfying him that they are unable to provide their own transportation, be provided with transportation to their homes; and all officers below the rank of field officers who are unable to provide their own transportation, on giving their parole to abandon the enterprise, will be allowed to return to their homes; officers above the rank of field officers will be required to give such bonds as may be satisfactory to the civil authorities; it being the determination of the United States Government to preserve neutrality, and the most stringent measures having been taken to prevent all accessions of men and material, the Commanding General trusts that these liberal offers will have the effect of causing the expedition, now hopeless, to be quietly and peaceably abandoned; and he confidently expects that all those who have any respect for the authority of the United States will conform to the requirements of the President's proclamation; and of this, which if not promptly obeyed, a sufficient force will be brought to bear to compel obedience.

(Signed) GEORGE G. MEADE, Major-General, U.S.A.

In compliance with this order, the majority of the men immediately gave their paroles, and for the next day or two trains were filled with the discomfitted warriors returning to their homes. All thoughts of the capture of Canada had vanished, and peace reigned once more on the border line.

The day previous, while Gen. Sweeny and Col. Meehan were actively engaged in mobilizing troops and directing operations on the Vermont frontier, warrants were served upon them by the United States authorities for violation of the Neutrality Act. They were arraigned before the United States Commissioner at Burlington, Vt., when they waived examination, and bail was fixed for Sweeny at $20,000 and Meehan at $5,000, to appear for trial at the July term of the United States District Court. Meanwhile other prominent leaders were being arrested at other points. With the President, the Secretary of War, and other members of the Irish Republican Cabinet under arrest, and many others of lesser note being "wanted" by American officers for infractions of the law, the hopes of the invaders sank below zero, and their warlike zeal vanished away.

FENIANISM IN CONGRESS.

As nearly all of the prominent Fenian leaders had been placed under arrest for transgression of United States laws, and quite a number of their deluded followers who were captured in Canada were confined in Canadian prisons awaiting trial, the seriousness of their offences began to dawn upon the minds of those implicated in the movement. The good offices of the United States Government were then eagerly sought by their friends and supporters to get them out of the meshes of the net, and earnest appeals were made to the State Department for some action along these lines. Every possible pressure was brought to bear on Congress and the United States Senate to secure the influence of those two important legislative bodies in taking up the Fenian cause. But it was a delicate question to handle, and although there were some Congressmen who introduced the matter into the House of Representatives, and made fiery speeches in support of their resolutions, the majority failed to concur, as they rightly conjectured that if the United States gave the Fenians the recognition and liberty of action they desired, it might end in embroiling them in war with Great Britain, for which they were not prepared.

On June 11th, 1866, Congressman Ancona, of Pennsylvania, offered the following preamble and resolution in the United States Congress:

Whereas, the Irish people and their brothers and friends in this country are moved by a patriotic purpose to a.s.sist the independence and re-establish the nationality of Ireland, and whereas the active sympathies of the people of the United States are naturally with all men who struggle to achieve such ends, more especially, when those engaged therein are the known friends of our Government, as are the people of the Irish race, they having shed their blood in defence of our flag in every battle of every war in which the Republic has been engaged; and whereas the British Government against which they are struggling is ent.i.tled to no other or greater consideration from us, a nation, than that demanded by the strict letter of international law, for the reason that during our late Civil War that Government did in effect, by its conduct repeal its neutrality laws; and whereas when reparation is demanded for damages to our commerce, resulting from the wilful neglect of Great Britain to enforce the same, she arrogantly denies all responsibility, and claims to be the judge in her own cause; and whereas the existence of the neutrality law of 1818 compels the executive department of this Government to discriminate most harshly against those who have ever been, and are now, our friends, in favor of those who have been faithless, not only to the general principles of comity which should exist between friendly States, but also to the written law of their own nation on this subject; therefore, be it resolved, that the Committee on Foreign Affairs be instructed to report a bill repealing an Act approved April 20th, 1818, it being the neutrality law, under the terms of which the President's proclamation against the Fenians was issued.

It is needless to say that the good sense of Congress prevailed, and the resolution was consigned to the morgue which is the receptacle for all undesirable resolutions.

CHAPTER XV.

THE FENIAN PRISONERS-CORRESPONDENCE BETWEEN SECRETARY SEWARD AND THE BRITISH MINISTER.

The question of the ultimate fate of the Fenian prisoners who had fallen into our hands was one which received considerable thought and discussion. While the temper of the Canadian people was not favorable to any leniency being shown to them in those sad days in June when they viewed the death and desolation that had been caused by the raiders, yet all felt constrained to give them the full benefit of British justice-fair trials and an opportunity to separate the guilty from the innocent. The authorities further resolved to be not too hasty in bringing the unfortunates before the tribunal, as in the excited state of the public mind such action might prove disastrous to the accused. This policy was a wise and just one, and met with general approval.

While these Irish-Americans were penned up in Canadian prisons their friends across the line were using every effort to effect their release by supplicating President Johnson and Secretary Seward to interpose in their behalf, and at last succeeded in getting some resolutions put through Congress with this object in view.

Secretary Seward took the question up in an official way with Sir Frederick W. A. Bruce, the British Minister at Washington, who forwarded the doc.u.ments relating to the matter to the British and Canadian Governments, and no doubt this friendly interposition had some effect in influencing the authorities to adopt the humane policy which subsequently prevailed.

During the month of June the Fenian prisoners who had been captured at Fort Erie and vicinity and lodged in the jails at Brantford and elsewhere, were removed to Toronto Jail and placed under special guard until their cases could receive due consideration by the authorities. At a preliminary investigation a large number of these men were discharged for want of sufficient evidence to convict, and were deported from the country. About forty were held for trial. Some of these were British subjects, while the remainder claimed American citizenship. The former were charged with high treason, the penalty for which is death. Those claiming to be aliens, and citizens of the United States, were indicted under an old statute which was enacted during the period of the Canadian Rebellion of 1837, which provided that subjects of a foreign state who entered Canada for the purpose of levying war rendered themselves liable, on conviction, to the death penalty.

On the 26th of July, 1866, President Andrew Johnson sent to the United States Congress the following doc.u.ments from the Department of State, in reply to two resolutions of the House of Representatives, the first requesting him to urge upon the Canadian authorities, and also upon the British Government, the release of the Fenian prisoners captured in Canada; and the second requesting him to cause the prosecutions inst.i.tuted in the United States against the Fenians to be discontinued, if not incompatible with the public interest:-

DEPARTMENT OF STATE, WASHINGTON, July 26, 1866. To the President:-

The Secretary of State, to whom was referred two resolutions of the House of Representatives, pa.s.sed on the 23rd of July, instant, in the following words, respectively:-

"Resolved, that the House of Representatives respectfully request the President of the United States to urge upon the Canadian authorities, and also the British Government, the release of the Fenian prisoners recently captured in Canada.

"Resolved, that the House respectfully request the President to cause the prosecutions inst.i.tuted in the United States courts against the Fenians, to be discontinued, if compatible with the public interests."

Has the honor to report, in regard to the first resolution, that the Government of the United States holds no correspondence directly upon any subject with the Canadian authorities mentioned in the said resolution, or with the authorities of any colony, province or dependency of any other sovereign state; and that, on the contrary, all its correspondence concerning questions which arise in, or effect, or relate to such colonies, provinces or dependencies, is always conducted exclusively with such foreign governments.

On the 11th of June last a note was addressed by this department to the Honorable Sir Frederick W. A. Bruce, Her Majesty's Minister Plenipotentiary residing in the United States, of which a copy is hereunto annexed. It is proper to say, in relation to that note, first, that the reports mentioned therein to the effect that prisoners had been taken on the soil of the United States and conveyed to Canada, and threatened by Canadian agents with immediate execution without legal trial, were found on examination to be untrue and without foundation in fact. It is due to the British Government to say, in the second place, that the representations made in the said note have been received by the British Government and by the Canadian authorities in a friendly manner.

The resolution of the House of Representatives first recited, harmonizing, as it does, with the spirit of the aforesaid note, will be brought to the attention of Her Majesty's Government and of the Canadian authorities, with the expression of a belief on the part of the President that affairs upon the frontier have happily come to a condition in which the clemency requested by Congress may be extended without danger to the public peace, and with advantage to the interests of peace and harmony between the two nations.

I have already received your directions that the second of said resolutions be taken into consideration by the proper departments of the Government, with a desire that it may be found practicable to reconcile the humane policy recommended with the maintenance of law and order, the safety of the public peace, and the good faith and honor of the United States.

Respectfully submitted, WILLIAM H. SEWARD.

DEPARTMENT OF STATE, WASHINGTON, June 11, 1866.

Sir,-The Secretary of War has laid before the President several despatches which were received yesterday and to-day from Major-Gen. Meade, who is commanding the United States forces on the Canadian frontier. These communications warrant the President in believing that the so-called Fenian expedition is now entirely, at an end, and that order and tranquility may be expected to prevail henceforth on that border. I regret, however, that I am obliged to connect with this gratifying information the further statement that reports have reached Major-Gen. Meade to the effect that some of the Canadian or British troops have crossed the line and entered within the territory and jurisdiction of the United States. It is even said that this entry took place after the disturbers of the peace under the command of the leader Spear had relinquished their forbidden enterprise and withdrawn within the boundary line of the United States. The reports go so far as to say that prisoners have been taken on the soil of the United States and conveyed to Canada, and that the Canadian agents have threatened that these prisoners, together with such stragglers as may now lie found within the Canadian lines, will be executed without legal trial. It is believed that these reports are exaggerated. Care has been taken by Major-Gen. Meade to have them promptly investigated.

In the meantime I am instructed by the President to represent to you, and through you to the British and Canadian authorities, that this Government would not look without serious concern upon the practice of any retaliation or other illegal proceedings upon the persons of such of the offenders as have fallen, or shall hereafter fall, into the hands of the Canadian authorities. I respectfully invite your attention to the subject, with the confident expectation that no proceedings that are not authorized and in conformity with law, will be taken against persons of that cla.s.s, and in the hope that even the customary administration of the law will be tempered with special forbearance and clemency. In view of the effective proceedings which this Government has adopted in regard to the disturbances now so fortunately ended, these representations would have been made by me without waiting to be moved from any other quarter. They are now made, however, with the approval of Major-Gen. Meade, and I believe that they will receive the concurrence of the Congress and people of the United States.

I have the honor to be, sir, Your obedient servant, WILLIAM H. SEWARD.

The Hon. Frederick W. A. Bruce.

TRIALS OF THE FENIAN PRISONERS.

The Fall a.s.sizes of the Court of Oyer and Terminer and General Jail Delivery for the United Counties of York and Peel, opened at Toronto on October 8th, 1866, His Lordship the Hon. Justice John Wilson being named in the commission to preside over the Court of Justice which was to decide the fate of the Fenian prisoners. The indictments were read, and after an able and exhaustive address to the Grand Jury by Judge Wilson, in which he went fully into every phase of the case, and explained the statute under which the prisoners were to be tried, the doc.u.ments were handed over to the Grand Jury for their consideration.

When the Court resumed its sitting on October 17th for the trial of the accused, the Grand Jury presented true bills against three of the most prominent prisoners in custody, viz., Robert Blosse Lynch, of Louisville, Ky. (said to be a colonel in the Fenian forces at Fort Erie and Lime Ridge); David F. Lumsden, who claimed to be an Episcopalian clergyman, from Nunda, N.Y., and John McMahon, who stated that he was a Roman Catholic priest, from Anderson, Indiana. Lynch was first placed in the dock, and the indictment read, to which he pleaded "not guilty." Lumsden and McMahon were next charged, and also entered the same plea. The prisoners not being ready to proceed with their trials, they were remanded until October 24th, when the Court re-opened and the trials proceeded with. The counsel for the Crown were Hon. John Hillyard Cameron, Q.C. (Solicitor-General for Upper Canada), Messrs. Robert A. Harrison, John McNab, James Paterson and John Paterson.

The first prisoner placed in the dock was Col. Robert B. Lynch, who stated that he had no connection with the Fenian Army, but had accompanied the expedition as a reporter for the Louisville Courier. A large number of Canadian residents of Fort Erie and vicinity, however, testified that they had seen him wearing a sword and in command of a body of Fenian troops at that place. The evidence of his guilt was so overwhelming that the jury returned a verdict of guilty, and Colonel Lynch was sentenced to be hanged on the 13th of December. He received the sentence with composure and was removed back to the jail.

Rev. John McMahon was then placed on trial. He claimed that he had only went with the Fenians in a spiritual capacity, and to look after the wounded and dying. He said he was at Lime Ridge and attended to both Fenians and Canadians alike while there. His statements did not accord with the evidence given by other reliable witnesses who saw him giving aid and encouragement to Fenian soldiers at Fort Erie, and after a fair and impartial trial he was found guilty and sentenced to be executed with Lynch on December 13th.

Pending appeal proceedings these executions were deferred.

David F. Lumsden was brought up for trial on November 3rd. He was formerly rector of Trinity Church at Syracuse, N.Y., where he had a reputation of being too fond of drink, rendering himself subject to discipline for intemperance, and had been cited to appear before Bishop c.o.xe (Bishop of the Episcopal Church in the Western Diocese of New York), who sent him to Nunda, N.Y., in the hope that he might redeem himself. But he had again fallen from grace and was on a big spree in Buffalo when he drifted over to Fort Erie, and was arrested on suspicion of being implicated with the Fenians. After hearing all the evidence, which was in favor of the prisoner, the jury retired and brought in a verdict of "not guilty," and he was discharged.

True bills were then rendered by the Grand Jury in the cases of the other prisoners who were held in custody.

On Nov. 7th. William Slavin was found guilty and sentenced to death. On the same date Benjamin Parry (a lad 16 years of age, from Cincinnati), was discharged.

On Nov. 9th. Daniel Drummond, who was arrested at Fort Erie, was discharged, as there was not sufficient evidence to convict.

On Nov. 10th, William Hayden was found guilty and sentenced to death, while William Duggan was discharged.

On Nov. 14th, Daniel Whalen and John Quinn were both found guilty and sentenced to be hanged.

On Nov. 15th, Thomas School was found guilty and received the death sentence, while Patrick Donohue was discharged.

On Jan. 11th, 1867, Timothy Kiely (who was found wounded in a hay-loft at Major Canty's house near Fort Erie, on June 3rd, and who had been engaged in the battle at Lime Ridge), was found guilty and sentenced to death. On the same day John Smith proved his innocence and was discharged.

On Jan. 12th, Patrick O'Neil and Patrick McGrath were found guilty of high treason, and on the day following Thomas H. Maxwell was convicted for the same crime. Those three men were British subjects, and each received the death sentence.