condemned and imprisoned in Canada, for alleged complicity with the Fenian raid in the spring or summer of 1866. I do not know how far the Secretary may feel at liberty to interpose in such a case; but if he ever does, I should be very grateful if he would in this instance. I believe Miss Lynch tells the story truly, and suppose that an appeal from the State Department to the Canadian authorities would, without doubt, procure R. B. Lynch's release. Always truly yours, RUFUS KING. Miss Lynch to Mr. King. CHICAGO, ILLINOIS, 72 WEST 12TH STREET, GENERAL: I should need an apology for the liberty I take in addressing you without having the honor of your acquaintance, and still more so for the obligation I wish to impose on you, if I did not consider your public and private character for benevolence, and the kindness and consideration which you have always shown the Irish adopted citizens of Milwaukee, and your generous and liberal treatment of them when editor and proprietor of the leading political paper of that city; this must needs be my apology. My brother, R. B. Lynch, is now suffering a cruel imprisonment in the provincial penitentiary of Canada, for an alleged participation with a Fenian expedition in that province, in the summer of 1866; though he was only there in the capacity of a correspondent of a Louisville paper. My brother has had the honor and pleasure of your personal friendship and acquaintance for over twenty years: that he is a resident of Milwaukee; and he is quite sanguine that, from your great influence with the government at Washington, and particu larly with the Secretary of State, you could obtain his freedom through this influence. His relatives and friends, and the Irish citizens of Milwaukee, would be under an everlasting obligation, if you would interfere in his behalf. He is now eighteen months imprisoned, subject to all the indignities of a common felon. If he violated the laws of that province, those laws have been fully vindicated, and clemency might now be extended to the unfortu nate prisoner. From the high position you hold in the government, and from the kind, friendly feeling you always had for my poor unfortunate brother, I beseech you to use your influence in obtaining his pardon. He was the principal support of my widowed sister, her children, and myself. His imprisonment is a sad affliction to us all. My sister and myself are now old and have to work hard. My brother served in the Union army for three years, and for his kindness and attention to the sick and wounded Wisconsin soldiers at Louisville, where he was on detached duty, he was recommended to Governor Solomon, by the leading men in Milwaukee, for promotion, and his course favorably noticed by the press of that State. I would, therefore, earnestly beg of you, by the kind feelings you have shown our countrymen, which is most gratefully cherished by them to this day, and the high esteem in which you are held by them, to do something for my unfortunate, wretched brother, and restore him to his sorrowing family, who will be forever grateful to you and offer up their fervent prayers for your long life and happiness and prosperity of yourself and family. I have the honor to be, your obedient servant, Hon. RUFUS KING. MARIA ANNA LYNCH. P. S.-Affidavits are on file in the State Department proving my brother having no complicity with the Fenian expedition. No. 13. Mr. Ford to Mr. Seward. WASHINGTON, January 31, 1868. SIR: I have the honor to inform you that I duly communicated to my government copy of the note you did me the honor to address to me on the fourth ultimo, relative to the case of Robert B. Lynch, who was convicted for the Fenian raid into Canada in 1866. I now regret to inform you that I have been instructed by Lord Stanley, her Majesty's principal secretary of state for foreign affairs, to state that her Majesty's government can find no reason to justify a further mitigation of the sentence passed on him. Robert B. Lynch, after a full and patient investigation, and on evidence which appeared fully to have justified his conviction, was sentenced to death, which sentence, however, was commuted to imprisonment for a term of twenty years. Her Majesty's government have every disposition to take a merciful view of offences which may have arisen in part from ignorance or perverted sentiment, but they also owe a duty to the peaceful inhabitants of Canada whose country had been made the object of a criminal attack, and would not be discharging that duty if they allowed it to be supposed that persons who, like Lynch, shared in the invasion of an unoffending country, could escape the punishment which their acts had invited on the ground of an allegation which, even if it were true, would amount to no more than this: that his object was not to engage personally in any acts of violence, but only to give encouragement to those who did so. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, Hon. WILLIAM H. SEWARD, &c., &c., &c. FRANCIS CLARE FORD. No. 14. Mr. Seward to Mr. Ford. DEPARTMENT OF STATE, Washington, February 4, 1868. SIR: I take occasion at the earliest convenient moment to acknowledge the receipt of your note of the 31st of January, which conveys to me the decision of her Majesty's government that it cannot find any reason for a mitigation of the sentence of Robert B. Lynch, who was convicted for the so-called Fenian raid in Canada in 1866. I do not care to discuss that subject at large, but am under the necessity of seeking to rectify the understanding of her Majesty's government concerning the grounds upon which the President thought proper to commend the case to renewed consideration. You inform me that her Majesty's government has every disposition to take a merciful view of events which may have arisen in part from ignorance or perverted sentiment; but it also owes a duty to the peaceful inhabitants of Canada whose country had been made the object of a criminal attack, and would not be discharging that duty if it allowed it to be supposed that sons who, like Lynch, shared in the invasion of an unoffending country, should escape the punishment which their acts had invited on the ground of an allegation which, even if it were true, would amount to no more than this: that his object was not to engage personally in acts of violence, but only to give encouragement to those who did. per The views which I have had the honor to submit, with a recommendation of clemency in the case of Mr. Lynch, were that the evidence on the trial sufficiently established the fact that Lynch never united with any so-called Fenian organization, and that he constantly denounced their schemes as visionary and impracticable. Without denying that his conviction was lawful, it seemed to me that the British government nevertheless might find reasonable ground for believing that he did not intend to encourage those who engaged in acts of violence; and that the absence of this intention, qualifying the question of moral guilt, might well be taken into consideration upon an appeal or recommendation to the clemency of the British government. It was believed that the special clemency recommended would produce a favorable influence upon public opinion in the United States. I frankly confess to the opinion that although statutes, COTE executive proclamations, and judicial decisions, have all concurred in treating the aggression of the so-called Fenian raiders into Canada as merely a municipal crime, the transaction nevertheless partook of a political character, and had relations and connections with movements of that character that have widely manifested themselves, not only in Canada and in Great Britain, but in the United States also. In dealing with all such movements it is always a practical question how far magisterial benignity can be wisely mingled with judicial severity. All experience shows that clemency to political offenders may at times be legitimately exercised with advantage for preserving peace and public order. The recommendation in the case of Mr. Lynch proceeded upon the belief that his discharge from imprisonment would, under the circumstances, be very conducive to the preservation of peace and a good understanding between the United States and Great Britain. The disposition of the subject, however, properly belongs to her Majesty's government. Time must pronounce between this government and your own upon the wisdom of the decisions at which they have arrived. I have the honor to be, sir, with the highest consideration, your obedient servant, FRANCIS CLARE FORD, Esq., &c., &c., &c. WILLIAM H. SEWARD. No. 15. Mr. Potter to Mr. Seward. [Extract.] No. 269.] UNITED STATES CONSULATE GENERAL, B. N. A. P., SIR: In my despatch No. 257, I informed you of the general apprehension of danger that prevailed here in relation to the movements of Fenians, and of the order calling out the militia. The panic which prevailed at that time, continuing through several weeks, had scarcely subsided when, as you have doubtless been informed by the consul at Fort Erie, an invasion by a small body of men took place at that point, and bodies of men in considerable numbers have assembled at various points on the frontier, within the United States, with the supposed intention of violating the neutrality laws by an invasion of Canada. A large volunteer force has been called out and sent to the frontier, and there are now probably from twenty-five to thirty thousand men under arms in Upper and Lower Candaa. The most intense excitement prevails here, and business is about entirely suspended. The provincial parliament, which meets to-morrow, will, it is supposed, suspend the habeas corpus act, and I should not be surprised if, immediately after, martial law should be proclaimed. * The city is filled with rumors, and it is impossible to ascertain the actual condition of affairs on the other side, as nearly all intercourse has been cut off. * * I have the honor to be, very respectfully, your obedient servant, JOHN F. POTTER, United States Consul General, B. N. A. P. Hon. W. H. SEWARD, Secretary of State. No. 270.] No. 16. Mr. Potter to Mr. Seward. UNITED STATES CONSULATE GENERAL, B. N. A. P., SIR: I have the honor to inform you that on Monday, the 11th instant, fifteen young men and boys were brought to this city as Fenian prisoners, and escorted to the jail by a large military and police force. On the following day, at six o'clock p. m., I received a telegram from New York, of the following purport, and dated New York, June 12: Joseph Kelly, held as a Fenian prisoner, is a duly authorized correspondent of the New York Tribune. Please have him released, unless there is some charge against him of a definite character. JOHN RUSSELL YOUNG, Managing Editor New York Tribune. At seven o'clock on the same evening, I called at the residence of the mayor, who was the committing magistrate, and not finding him at home, I immediately proceeded to the jail for the purpose of having an interview with Mr. Kelly, but was informed by the jailer that strict orders had been given him that no person should be admitted without a permit from the mayor. I wrote a note to Mr. Kelly, informing him that I had called and was refused admittance, but assuring him that I would give immediate attention to his case. I requested the jailor to hand the note to Mr. Kelly. He informed me that he had received strict orders to allow nothing to be sent to the prisoners, but finally promised me, on my allowing him to read the note, that he would give it to Kelly. On the following morning I addressed a note to the mayor, requesting the necessary permit to enable me to see Kelly, stating that he was an American citizen. Soon after receiving the necessary permit, I proceeded to the jail, saw Mr. Kelly, took his sworn statement, a copy of which I herewith transmit, (marked No. 1.) On the same day I telegraphed to Mr. Cool, at St. Albans, asking him if Kelly hired a horse of him on Saturday, for the purpose mentioned. I received a reply that he did. I then, on the same day, addressed a despatch to the governor general, a copy of which (No. 2) is also transmitted, informing him that Kelly was a citizen of the United States, and demanding either his immediate discharge or an immediate examination. This p. m. I received the following reply by telegraph, namely: OTTAWA, June 14. Colonel Ermatinger has been desired to inquire into the case of Mr. Kelly. Please lay any information you may have before him. MONCK. I immediately addressed a note to Colonel Ermatinger, asking him to name an early hour, when and where I could present to him the facts in the case. I soon learned that Colonel E. was absent from the city, on the frontier. I requested that the note should be sent to him at once, as the matter admitted of no delay. This, I was promised Captain Schiller, the assistant clerk of the Crown, should be done. Thus the matter rests for the present. Should I not hear from Colonel Ermatinger within the next twenty-four hours, I shall again address the governor general in relation to the matter. I was informed by Mr. Kelly that no other food than bread and water was allowed any of the prisoners, and that on yesterday morning he gave some money to one of the turnkeys for the purpose of procuring some nourishing food, but he was informed that strict orders had been given that no other should be allowed them. The mayor called upon me last evening, and, on my remonstrating with him against such inhumanity and petty malice, he courteously assured me that he would see that Mr. Kelly had better food this morning, and that he should be placed in a different cell. The horse that Mr. K. was upon when taken prisoner, and which he had hired of Mr. Cool, at St. Albans, is now in the possession of one of the Canadian military officers, now at St. Armands, and claimed by him as prize of war. Mr. K., it will be seen, was not arrested by the military, but by civilians. The owner of the horse went to St. Armands yesterday, and made demand for his property, but the officer refused to deliver him. I learn that no arms were found upon any of the prisoners. Most of them are boys, two of them only fifteen years of age. No resistance was made by them, and doubtless many of them had no connection with Fenians. I have the honor to be, very respectfully, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State. Statement of Joseph Kelly, a citizen of the United States, now held as a prisoner by the military authorities at Montreal, and confined in the jail of that city. I am the duly authorized correspondent of the New York Tribune. On Saturday last, the 9th instant, I left St. Albans, Vermont, on a mare belonging to Mr. Cool, of the Walden House, and then proceeded on my way to join the Canadian forces, in accordance with my written instructions. Soon after I crossed the line, (as I was afterwards informed by the man who took me prisoner,) and as my mare was walking along leisurely, a light wagon, with three men in it, drove up to me from behind. I was ordered to halt, and on turning, two (2) rifles and a revolver were presented to me. Mr. Reynolds, who had the revolver, asked me who I was and where I was going, when I presented my credentials, or rather attempted to present them. He refused to read them, but marched me under guard of the two armed men with him to the road, where the military were in line. I then attempted to present my credentials, but was ordered to dismount, when Captain Hallers, or Hollows, took possession of the mare. I was then placed under guard of the 20th regiment; was searched; my note-book, containing my letter of credentials, was taken from me, as was also my opera-glass. No arms of any description were found upon my person, and, to the best of my knowledge and belief, I was on a road three miles west of where the Fenians were encamped. The place where I was taken is, I think, called Hancock's Hill. Mr. Reynolds, who took me, and came to see me afterwards at the guard-house, at St. Armands station, informed me that his only sus picion was the fact of my having a McClellan saddle and wearing glasses, which I generally wear. My object in crossing the line and attempting to join the Canadian forces was for the purpose of obtaining proper and correct information for the Tribune of the movement or movements against the Fenians, and to report the result of any skirmish or fight that might occur between the opposing forces. JOSEPH KELLY, Correspondent of the New York Tribune. Subscribed and sworn before me the 13th of June, 1866. JOHN F. POTTER, United States Consul General, B. N. A. P. Mr. Potter to Lord Monck. UNITED STATES CONSULATE GENERAL, B. N. A. P., SIR: It is my duty to inform you that among the prisoners brought to this city on Monday, the 11th instant, and now lodged in the jail here, charged with having invaded the province of Canada with hostile designs, is Mr. Joseph Kelly, a citizen of the United States, who was arbitrarily arrested at a place called Hancock's Hill, near the frontier, in Canada East, by one Reynolds, and two other persons whose names are unknown, while engaged in his lawful business. Mr. Kelly was, both previous to and at the time of his arrest, a reporter and correspondent of the New York Tribune, a newspaper printed and published in the city of New York, in the United States. He came to Canada, not only without any hostile designs, but in the lawful discharge of his professional duties as a reporter of the press. |