The political character of the alleged offences was not touched upon, except that I asked the governor general if he were informed of the contents of your note to Sir Frederick Bruce; to which he replied that he was, but that the subject was in the hands of the home government, and he did not feel authorized to take further action without instructions. Lord Monck leaves to-day for England, and Lieutenant General Sir John Michel succeeds him as administrator of the government. The governor general expects to return next April to complete his term, which will expire in October. I have the honor to be, very respectfully, your obedient servant, WILLIAM W. AVERELL, United States Consul General, B. N. A. P. Hon. WILLIAM H. SEWARD, No. 23. No. 14.] Mr. F. W. Seward to Mr. Averell. DEPARTMENT OF STATE, Washington, December 22, 1866. SIR: The department is in receipt of a telegram from Mr. B. Devlin, representing himself as counsel for certain naturalized citizens of the United States, on trial at Sweetsburg for conspiracy, as it is understood, in the so-called Fenian incursions into Canada. Mr. Devlin states that the court does not recognize the American citizenship of the accused, but holds the doctrine of indefeasible allegiance to Great Britain. He thereupon asks instructions as to citizenship. The question which Mr. Devlin presents is one of too much gravity to be considered without complete information as to the circumstances of each case in which it is raised. We should know when, where, and how the person concerned became naturalized, what evidence of the fact he adduced, or offered to adduce, and also, how far such evidence was material to the defence. This information will doubtless be found in the reports of the trials, which, when received, will have due consideration. Mr. Devlin states his purpose to abandon the defence. It is needless for me to say that it is not for me to instruct him in respect to his duty to his clients or to share his responsibility in that behalf. I am, sir, your obedient servant, WILLIAM W. AVERELL, Esq., United States Consul General, Montreal. F. W. SEWARD, Assistant Secretary. No. 24. Mr. Devlin to Mr. Seward. TO WILLIAM H. SEWARD: [Telegram.] SWEETSBURG, C. E., December 22, 1866. Persons on trial here as Fenians who are naturalized citizens of the United States are treated as British subjects. Their citizenship is not recognized. Court holds "Once British subject, always British subject." Am about to abandon defences. Please instruct me as to citizenship. Address B. DEVLIN, Sweetsburg, C. E. No. 25. Mr. Averell to Mr. Seward. [Telegram.] MONTREAL, C. E., Decemb r 22, 1866. Hon. WILLIAM H. SEWARD, Secretary of State: Counsel for prisoners at Sweetsburg informs me that prisoners who are citi zens of the United States are not recognized as such. Court holds that once British subject, always so. Citizenship ignored. W. W. AVERELL, No. 26. U. S. Consul General. No. 12.] Mr. Drummond to Mr. Seward. UNITED STATES CONSULATE GENERAL, B. N. A. P., SIR: I have the honor to inform you that the trials at Sweetsburg of the prisoners recently held in the jail of this city, on a charge of complicity in the Fenian invasion of this province, in June last, terminated on the 28th ultimo with the following results: Madden, Smith, and Crowley have been sentenced to be hung on the 15th proximo; Holmes to be imprisoned for two months for larceny, and Crawford for three months for receiving stolen goods. The remaining eleven have been discharged. Mr. Devlin, the counsel for the prisoners, with whom I have had an interview* since the close of the trial, appears to entertain no doubt of his success in appeal in the cases of those capitally condemned. I have the honor to be, very respectfully, your obedient servant, C. G. B. DRUMMOND, United States Vice-Consul General, B. N. A. P. Hon. WILLIAM H. SEWARD, Secretary of State. No. 16.] No. 27. Mr. Drummond to Mr. Seward. UNITED STATES CONSULATE GENERAL, B. N. A. P., SIR: I have the honor to acknowledge the receipt of despatch No. 16, in reply to my despatch dated January 3, inadvertently left unnumbered, but which should have been numbered 14, and to inform you that the sentences of the prisoners referred to in your despatch have been commuted from death to twenty years' imprisonment in the provincial penitentiary. I have also the honor to inform you, in this connection, that the trials of the prisoners still held at Toronto, Canada West, on a charge of participation in the so-called "Fenian invasion" of this province in June last, were resumed on the 11th instant before Mr. Justice Morrison. It would appear that the proceedings had before the court up to the 13th instant have resulted in the acquittal of one of the prisoners, John Smith, and the condemnation of Timothy Kelly, Patrick O'Neil, and Patrick McGrath. I have the honor to be, very respectfully, your obedient servant, C. G. B. DRUMMOND, United States Vice-Consul General, B. N. A. P. Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. No. 30.] No. 28. Mr. Averell to Mr. Seward. UNITED STATES CONSULATE GENERAL, B. N. A. P., SIR: The people of Canada have been disquieted during the last thirty days with apprehensions of Fenian raids upon their borders, aroused by the frequent newspaper accounts of Fenian meetings in various parts of the United States, for the avowed purpose of organizing an invading force, and augmented by the somewhat nervous agitation betrayed by the colonial authorities in keeping troops under orders to move at a "moment's notice," and in actually sending detachments to various points believed to be threatened. It is a well-known fact that the elections in New Brunswick last autumn were carried against the liberal party mainly through the change of sentiment effected by Fenian aggressions. The tone of public sentiment towards the United States has been steadily increasing in friendliness since my arrival here, and the recent quiet and dignified conduct of our government in posting United States troops along the border has done much to allay the excitement of society, to renew the confidence of trade, and to lessen whatever reliance the people were disposed to place in British troops, and, perhaps, to diminish the respect which they were apt to entertain for them. In order to promote the growth of the friendly sentiments of this population towards the United States, to supplant the feeling of dependence which they have to some extent upon British soldiers, and in view of the struggle which the liberal party, the friends of the United States, have before them during the coming elections, I would most respectfully recommend that some public action, more or less positive, as you may deem judicious, be now taken by you in this matter. Should you deem it fit and proper to authorize me to assure the colonial goveriment and the people that there is no occasion for anxiety about the Fenians, that measures have been taken by the United States government to secure them from molestation, it would, I think, have the mos ttranquillizing and beneficial effect. I have the honor to be, sir, very respectfully, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State. Hon. WM. H. SEWARD, Secretary of State: An armed force of Fenians, estimated from fifteen hundred to two thousand, crossed over from Black Rock, between four and five this a. m., and hold this place and the Grand Trunk and the Erie and Niagara railroads. They are orderly. Gunboat Michigan, A. Bryson, commander, has taken position at the Black Rock ferry. No. 24.] F. N. BLAKE. No. 30. Mr. Blake to Mr. Seward. UNITED STATES CONSULATE, Fort Erie, June 20, 1866. SIR: In several telegrams I informed you of the progress of the invasion of Canada, at this point, by an armed force called Fenians. Its duration was so brief, and my time so occupied with the new duties occasioned by it, I have delayed making a formal mention of it to the present time. On the 1st of June instant, in the morning, between the hours of two and three, a body of Fenians, about eight hundred (800) in number, under the command of Colonel O'Neil, crossed the Niagara river from Lower Black Rock, or North Buffalo, and effected a successful landing on the Canada shore, and immediately occupied this village. When apprised, at an early hour, of the movement, I raised the American flag to indicate the prerogative of the United States over the premises occupied by me and set apart for the transaction of official duties. Its appearance elicited loud applause from the invaders, who halted for a moment on a square near by. Their first act was to require rations of the authorities of the town sufficient to breakfast one thousand men. The supplies were speedily gathered for them. I was called upon by Colonel Bailey, Captain Cauty, and another officer of the Fenian army, to assure me of their respect to the United States authority accredited here. During the time there was considerable excitement and alarm among the residents, many of whom crowded my premises, imploring protection and security. I acceded to the request of several prominent persons to call upon the Fenian commander in company with Mr. Graham, her Majesty's collector of customs at this port, for the purpose of gaining assurances of safety to the people, and allaying their fears. Colonel O'Neil very frankly stated, in my interview with him, that the object of the expedition under his command was an attempt to liberate Ireland-to establish a foothold for the Irish republic in these provinces by overthrowing the British authorities here; that all persons who made no resistance to him should be respected and in no way molested. So far as I can learn, these assurances of security to non-combatants were very nearly carried out. During the night of the 2d instant the Fenians broke camp and moved down the river a short distance towards Chippewa; but finding a strong column of British regulars under the command of Colonel Peacock, the Fenian forces turned back on a road bounded by the township line of Bertrie and Willoughby, leading into the interior, and in the direction of Port Colburn, situated at the mouth of the Welland canal, nineteen miles from this place, on Lake Erie. In the morning of the 3d instant the Fenian pickets fell in with the provincial volunteers, "Queen's Own," under Colonel Booker, despatched from Toronto, via railway, and were landed at Ridgeway, a station on the Grand Trunk, nine miles from this place, for the purpose of forming a junction with the forces coming up from Chippewa. This brought on a severe engagement at a place called Limestone Ridge, not far from Ridgeway, causing the troops under Colonel Booker to fall back for support to Port Colburn. The Fenians gave up further pursuit and made a forced march down the Garrison road leading to the village of Fort Erie. On their approach to this place another fight occurred between their advance and the Canadian force which had been sent from Port Colburn by the steam-tug W. T. Robb, fitted up as a gunboat. The Canadians were dispersed, several taken prisoners, and a few killed and wounded on both sides. The boat, with all on board at the time, was saved by moving out into the river. To avoid capture by the heavy columns of Canadian troops concentrating from below and above, a large portion of the invaders hastily re-embarked for the United States, between the hours of two and three in the morning of the 3d instant on board the scow A. B. Wait. On reaching the American waters the whole party was captured by W. G. Morris, commanding propeller-tug J. C. Harrison, detailed for that purpose by Captain Bryson, of the United States ship Michigan. Here they were held as prisoners until the terms of their release were made known by the goverument. During these proceedings I went aboard the Michigan and witnessed the promptitude of the officers in the discharge of that duty. Through the alacrity and decisive action of Commander Bryson, and the officers and men under him, and through the vigilance of the military and civil authorities of the United States stationed at Buffalo, a formidable invasion of Upper Canada, by the discontents of English supremacy in Ireland, has been prevented, while the honor of our government, in efforts to maintain its laws and good faith towards a foreign power, has been nobly vindicated. It is generally conceded, and I believe that it is the prevailing sentiment of the troops here, that these provinces owe their rescue from further invasion, and their present tranquillity, to the timely efforts of the government of the United States, while but a few are stimulated to renew their attacks, in papers and public services, charging insincerity and connivance upon it. These persons were mostly violent sympathizers with the recent rebellion in our own country. It is believed that a better and more friendly feeling towards the United States government will be the result of these late disturbances, so effectually and humanely terminated by it. Enclosures Nos. 1 and 2 are copies of a correspondence which took place between the British consul at Buffalo and myself. Nos. 3 and 4 are the forms of charges and bonds of release used aboard the Michigan at the time of the discharge of the Fenian prisoners. No. 5 is a report I clip from the Toronto Globe, which refers to my visit on board of the Michigan. I am, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State. FREEMAN N. BLAKE, |