Mr. Hemans to Mr. Blake.

BRITISH CONSULATE, Buffalo, June 4, 1866. MY DEAR SIR: I most sincerely trust that the report in this morning's paper of your having been insulted by a British officer is incorrect. British officers are supposed to be gentlemen, and it would grieve me much to think that any one having that former title should have so shamefully forfeited the latter. Pray set me right on this painful matter, and believe me, in great haste,

Faithfully yours,

Hon. F. N. BLAKE,

United States Consul at Fort Erie.

H. W. HEMANS, Consul.

Mr. Blake to Mr. Hemans.

UNITED STATES CONSULATE,

Fort Erie, June 5, 1866.

SIR: I give my first leisure to notice the receipt of your letter of the 4th instant, referring to the report in a morning paper of that date that I had been fired at, &c. This report is founded on these circumstances: On the morning of the 3d instant, being awakened by the noise of troops, between the hours of two and three, I went to the front of my house to learn the cause of the tumult and what forces were passing. I saw I was noticed by an excited patrolman, and feeling the danger of being mistaken for an opposing party, I spoke to him, when, simultaneously, he discharged a pistol, and rode furiously on. I called for an explanation, on an officer, immediately following. He returned with this message from the captain who fired: "That it was not known who I was, and that it was not intentional, but an accident," &c. I informed him that I should only be satisfied with an explanation from the captain himself. He very civilly assured me this should be rendered. His not returning led me to write the enclosed letter, but which I delayed sending. In the meanwhile I received a call from Robert Colvert, esq., agent of the Grand Trunk railroad, and C. Treble, esq., one of the board of council, and an officer of customs of this place, introducing Lieutenants Schofield and Nemo, Port Robinson battery volunteers, who were the first to enter the town on the morning of the 2d instant, and had been held as prisoners, being released when the Fenians evacuated. They stated that these parties could not have been British troops, as their forces did not occupy the town till some time after the occurrence mentioned by me, and they would be grieved if it were thought possible for an officer belonging to their service to be capable of committing so great an offence. The interview was mutually agreeable. Their statements were accepted, and here the matter rested until again referred to by you. It is but just for me to remark that I have felt and enjoyed the utmost security during the strife for the few days past, and that I am proud of the respect the flag of my country inspires.

I am, truly, your obedient servant,

H. W. HEMANS, Esq.,

F. N. BLAKE,
United States Consul.

British Consul, Buffalo, New York.

SPECIMENS OF THE LOT.

The Hamilton Times states that two of the men who were captured by the United States steamer Michigan were well known in Hamilton as professional thieves and blacklegs. One of these was known as Sheldon Fairchild, and the other as Three-fingered Jack. During the affair at Ridgeway, they pillaged the store of Messrs. Kirby & Rutherford, at Fort Erie, and the proprietors narrowly escaped with their lives. Detective Armstrong, who served so well and so bravely both on the field at Lime Ridge and afterwards, and who was instrumental in the capture of several stragglers, was able to identify the two scoundrels from Hamilton and to take steps for their extradition. The Times understands that they are to be given up to the Canadian authorities at once, The following is Armstrong's report to Colonel Lowry respecting the affair:

"FORT ERIE, June 7, 1866.

"SIR: I have the honor to inform you that on the 6th instant (yesterday) I proceeded in a small boat, in company with the Hon. F. N. Blake, United States consul in this place, and Mr. E. Tupper, to the United States steamer Michigan, now lying in the Niagara river,

and in charge of the Fenian prisoners, for the purpose of arresting certain parties accused of robbery and shooting with intent to kill, in this village, on the morning of the 2d instant. I am happy to bear testimony that, through the influence of the American consul, we were received with every courtesy by the captain and officers of the ship, and rendered every facility of identifying and arresting the guilty parties. Two of the parties, being identified, were, after the usual formalities, handed over to the authorities of the State of New York, Erie county, and lodged in the county jail, city of Buffalo, awaiting the requisition of the Canadian government.

"We also found a Canadian vessel which had been taken possession of by the Fenians on the night of the 1st instant, for the purpose of landing troops, arms, and ammunition, on the American side of the river. These parties were then being discharged, by an order of the United States government, when, through the prompt and decided action of the American consul, the vessel was, by the captain of the Michigan, handed over to the collector of customs of this port for the benefit of her owners.

"I have the honor to be, sir, your obedient servant,

"Colonel LOWRY,

"Commanding H. M. Forces, Fort Erie."

"J. S. ARMSTRONG,
"Government Detective.

CIRCUIT COUrt of the United StatES

Be it remembered, that on this

For the Northern District of New York, Erie County, ss : day of June, 1866, personally came before me commissioner of the United States for the northern district of New York, of the county of and acknowledged himself to be indebted to the United States of America in manner and form following, that is to say, five hundred dollars, to be levied of his goods and chattels, lands and tenements, to the use of the said United States of America, if he shall make default in the condition following:

was charged before the said commissioner, on the

Whereas the said day of June, 1866, upon the oath of William G. Morris, with having on or about the 31st day of May, 1866, at the city of Buffalo, within the northern district of New York, and jurisdiction of the United States, begun and set on foot and provided and prepared the means for a military expedition to be carried on from thence against the territory and dominions of the Province of Upper Canada, her government and people, with whom the United States are at peace, contrary to the provisions of the act of Congress concerning neutrality, passed April 20, 1818; And the said having been regularly brought before the said commissioner to answer said charge, and from an examination of the said William G. Morris and others, on oath, in the presence of the said in regard to the offence thus charged, and from an examination of the said without oath in relation thereto, he having been by the said commissioner previously informed of the charge made against him, and that he was at liberty to refuse to answer any question that might be put to him, and he having been allowed a reasonable time to send for and advise with counsel, and from an examination of the whole matter it appearing to the said commissioner that the said offence had been committed, and that there was probable cause to believe the said guilty thereof, the said commissioner did thereupon order the said to enter into a recognizance himself, in the sum of five hundred dollars, for his appearance at the next term of the circuit court of the United States, to be held in and for said district, in the village of Canandaigua, on the 19th day of June, inst., to answer to an indictment then and there to be preferred against him for said offence, and to do further and receive what should be then and there enjoined upon him by the said court, and not to depart the said court without leave and in the meanwhile shall keep the peace towards the government of the United States, and par ticularly with all foreign governments, colonies and people with whom the United States are at peace:

Now therefore, the condition of this recognizance is such, that if the said shall personally be and appear at the next circuit court of the United States to be held in and for the said district, then and there to answer to an indictment to be preferred against him for said offence, and to do further and receive what shall then and there be enjoined upon him by the said court, and shall not depart the said court without leave, and shall keep the peace as herein before stated, then this recognizance to be void and of no effect; otherwise, to remain in full force and virtue.

Taken, subscribed and acknowledged before me, the day and year above written.

U. S. Commissioner for the Northern District of New York.

United States Commissioner's Court.

Before

THE UNITED STATES vs.

UNITED STATES OF AMERICA,

Northern District of New York, ss:

being duly sworn, deposes and says he is a citizen of the United States of America, and that on or about the 1st day of June, 1866, a military expedition, consisting of between one thousand and two thousand men, armed with guns and ammunition, and known as "Fenians," and organized and prepared, and being at the city of Buffalo, within the jurisdiction of the United States, crossed the Niagara river, from Buffalo aforesaid, in the province of Canada, opposite the said city of Buffalo. That during the 1st and 2d days of June, inst., the said Fenian force took possession of the country adjacent to the Niagara river for several miles across in Canada, and had several skirmishes or fights with the military authorities of Canada, and that some persons were killed in said engagements, and some were wounded. This deponent further says that the foregoing facts are matters of public knowledge and notoriety, and of the truth of which there can be no doubt.

This deponent further says that a part of said Fenian force undertook to return from Canada to the United States on the morning of the 3d day of June, instant, across the Niagara river, and were captured and taken prisoners by this deponent, commanding the propeller tug J. C. Harrison, detailed for that purpose by Captain Bryson, of the United States ship Michigan; that the whole number of officers and men thus captured and held as prisoners is about 500, and when taken had arms and ammunition with them.

That deponent has no doubt of the fact that said military expedition was set on foot within the United States as aforesaid, to be carried on from thence against the territory and dominions of the province of Canada, a government and people with whom the United States are at peace.

The following persons are among the prisoners so taken by this deponent, and who were then engaged in said expedition, to wit:

SIR: Your despatch No. 29 was duly received, and your decision to my application cheerfully acquiesced in.

There is still an uneasy feeling among the residents of Canada that the Fenians may attack them at any time. In evidence of this I will mention that on the 27th ultimo there was a wide-spread alarm that they were to be attacked that night by a force landing from Buffalo. I received this information from a prominent citizen of this place. To show you how I disposed of the representation, I enclose copy of my note to Major General Barry. The credence to the statement of Mr. Forsythe was such as to induce the military authorities to call out the United States forces stationed at Buffalo to prevent the recurrence of another invasion. For the same purpose United States Collector Norton telegraphed for the revenue cutter Perry, then at Erie, to steam down at once to Buffalo. The same rumor had also excited the British gunboat Rescue from Port Colborne to the scene of alarm.

As these occurrences have been reported to other departments of the government, I wish to say that I did not accept the representations of alarm, arising, as I believe, from the unsafe condition of the people here, without referring them to the highest military officer nearest at hand.

*

I have frequently been called upon by citizens of the United States, friends of Fenian prisoners, for advice and aid, since their removal from this district to Toronto. I have referred such persons to the consul at that placé. It is to be regretted that the Canadian government is so dilatory and undecided in bringing them to trial.

In referring to this subject, I learn that several important acts have been passed by the present Canadian Parliament. One of them provides that all persons who, at the time of the passage of the act, are in prison, under a warrant, or by capture by the military or militia forces for levying war, entering the provinces with warlike intent, or high treason, may be kept in custody without right to bail until June 8, 1867.

A second act is to the effect that any subject or citizen of any foreign state at peace with the British government, who has come into the provinces and committed any crime which, under the local laws, would be punished by death, or has levied war, may, by direction of the governor general, be tried by courtmartial; or, in case this is not done, may be tried before the court of Queen's Bench, in the exercise of its criminal jurisdiction.

I am, sir, your obedient servant,

Hon. F. W. SEWARD,

F. N. BLAKE,

United States Consul.

Assistant Secretary of State.

Mr. Blake to General Barry.

CONSULATE OF THE UNITED States of America,

Fort Erie, Canada West, July 27, 1866.

SIR: The bearer, Mr. Forsythe, of this village, has laid before me important information which I have desired him to communicate to you for your consideration and action. Mr. Forsythe is a prominent and influential person, and I deem his statements worthy of

attention.

I am, sir, your obedient servant,

Major General W. F. BARRY,

F. N. BLAKE,

Commanding U. S. Forces, Niagara Frontier, Buffalo, N. Y.

United States Consul.

SIR: By the enclosures Nos. 1, 2, 3, and 4, you will observe that my cooperation had been asked by D. Thurston, esq, consul at Toronto, and G. and H. B. Murphy, solicitors, &c., for the United States, for the defence of the Rev. F. D. Lumsden, whose trial was pending for charges of complicity in the invasion at Fort Erie, on the 1st of June last.

In compliance with these notices I went to Toronto, and returned soon after the trial and acquittal of the prisoner.

The efforts of the consul to secure witnesses were unremitting, and, as is known, have been crowned with the acquittal of the prisoner.

The fate of the Rev. John McMahon, for whose defence no witnesses appeared, shows the peril of risking a case upon the cross-examination of the witnesses for his prosecution, and how unavailing the reliance placed upon the

eloquence and learning of the prisoner's counsel. I am persuaded from what I can learn that his connection with the Fenians, in their movements at Fort Erie, was accidental; that he was impressed into their service, and that he was a non-combatant, acting well the part of the good Samaritan in alleviating the sick and wounded and comforting the dying.

If the government would grant a new trial it is believed that these facts could be shown, and that justice, as well as humanity, would demand his acquittal. It is commonly known that other American citizens were here in those days of invasion who are not implicated, though equally amenable for their presence as some of those who are now on trial.

Two prominent physicians of Buffalo were voluntarily here on these days alluded to, acting efficiently as surgeons, assisting all who needed their care. Their acts were so open and so clearly humane that they received the commendation of all parties.

While the disturbance was existing at Fort Erie, many persons came over from Buffalo for the transaction of business at my office, and others came to this side, attracted only from curiosity. In some of those instances persons were arrested; of that number I may mention Colonel H. G. Thomas and Mr. Fargo, for whom I interceded and secured their release

I am satisfied that many of the persons held as Fenian prisoners at Toronto had no sympathy and no connection with the Fenians.

Within a few days past I have rendered assistance to Thomas Murphy, esq., one of the solicitors for the United States, in securing the attendance of Messrs. Graham and Treble, esqs., customs collectors at this port, and other important witnesses for the defence of Dongan and Sheridan.

In all cases I have answered the drafts of T. Murphy, esq., for money to defray the expenses of witnesses, as authorized by Mr. Thurston.

I wish to express my desire to aid in all proper ways, and to the best of my ability, the defence of those citizens of the United States now being tried for their lives, for acts alleged to have been committed by them at Fort Erie, as specified in the charges, coming so nearly under my observation.

The United States gunboat Michigan, Captain Bryson commanding, and United States revenue cutter Commodore Perry, Captain Ottinger commanding, lie off the American shore of the Niagara river, within view of this consulate. On this (10th) instant I have been called upon by the commanders, and by the collector of customs at Buffalo.

The British gunboat Rescue has for some time been at Fort Erie. It patrols between this point and Port Colbourne.

T. Murphy and T. Arrows will see you on business of importance. Assist them.

D. THURSTON.