Criminal subpæna-[before court.]

VICTORIA, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to F. N. Blake, United States consul, Fort Erie, Canada West, and Mrs. Jessie Thomas, Fort Erie, greeting:

We command you, and every of you, that all business being laid aside, and all excuses whatsoever ceasing, you and every of you personally be and appear in your proper persons before our justices of oyer and terminer and general jail delivery for our united counties of York and Peel, at the sessions of oyer and terminer and general jail delivery for said counties to be holden at the court-house at the city of Toronto, in and for the said united counties on Saturday, the third day of November, in the year of our Lord one thousand eight hundred and sixty-six, at the hour of ten of the clock in the forenoon of the same day, and so on from day to day till you shall have given evidence as hereinafter mentioned, then and there to testify the truth and give evidence touching and concerning a certain charge or crime whereof Lumsden is indicted; and this you or any or either of you are by no means to omit, under a penalty of one hundred pounds. Witness the honorable William Henry Draper, C. B., chief justice, at Toronto, the twenty-second day of October, A. D. 1866, and in the thirtieth year of our reign.

ALLAN CAMERON.

Mr. Thurston to Mr. Blake.

[Telegram.]

TORONTO, October 29, 1866.

TO UNITED STATES CONSUL, Fort Erie :

Murphy money to bring eight (8) witnesses to Toronto. Draw on me for the

Pay

GEORGE & H. B. MURPHY.

Be here before twelve (12) noon to-morrow, Friday, without fail.

No. 33.

No. 34.]

Mr. Blake to Mr. F. W. Seward.

UNITED STATES CONSULATE,

Fort Erie, February 18, 1867. SIR: I have the honor to acknowledge the receipt of your despatch No. 34. In referring to my last attendance on the late Fenian trials at Toronto I herewith enclose the summons calling me there. My evidence was required in the case of James Dimond, held as a Fenian prisoner.

During the invasion at this point in June last this person applied to me, as was the custom, for a pass to return to the States. Having furnished me with evidence that he was a citizen of the United States, and that he was not here as a sympathizer with the Fenians, I certified my belief to these statements and asked the Canadian authorities to permit his free and safe pass to Buffalo. On leaving this office he was arrested and the pass taken from him and he made a prisoner, though he appealed to be allowed my intercession in his behalf.

When brought to the bar at the recent trial, no one appearing against him, he was released without my evidence being called for in his defence.

It is an extraordinary instance that a person should be detained in prison so many months, and no charges sustained against him when brought to trial. In all other respects, however, I was struck with the fairness and decisions of the trials.

There was no very strong effort made to convict these men, and I judge there was considerable satisfaction when sufficient ground could be found for their acquittal.

In this part of the province a small force of soldiers is stationed as a frontier guard in case of any further invasion.

I have recently been called upon by Major General Stissted, the newly appointed commander of the forces of Upper Canada, now on a tour of inspection of this province. As a vigilant officer, he was further seeking information as to the plans of the Fenians. I could only give him my personal observations as to the quietness on this subject—that there was little, if any, apprehension in this part of the province, or in the States, of an immediate renewal of Fenian attacks, and stated further that I held no confidential relations to these parties; that I could not be supposed to know their plans; it was more particularly the duty of the British consul at Buffalo to be informed in these matters. I remain, sir, with much respect, your obedient servant, FREEMAN N. BLAKE, United States Consul.

Hon. WILLIAM F. SEWARD,

Assistant Secretary of State.

UNITED STATES CONSULATE,

Toronto, C. W., November 30, 1866.

DEAR SIR: I am in receipt of your favor, and thank you for the advances made. Your letter was sent to Lynch, and the lawyers will advise what to do when the time comes. Every effort is being made to get a new trial, and I think the decision will be made to-day. You can draw on me for the amount mentioned through R. T. Krintall & Co., bankers, Toronto, and I will pay it.

Thanking you for this accommodation,

I am, respectfully, yours, &c.,

D. THURSTON, United States Consul.

Hon. F. N. BLAKE, United States Consul, Fort Erie.

Criminal subpana-[before court.]

VICTORIA, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to F. N. Blake, greeting:

We command you, and every of you, that all business being laid aside, and all excuses whatsoever ceasing, you and every of you, personally be and appear in your proper persons before our justices of oyer and terminer and general jail delivery for our county of York, at the sessions of oyer and terminer and general jail delivery, to be holden at the court-house, at the city of Toronto, in and for the said county, on Thursday, the tenth day of January, in the year of our Lord one thousand eight hundred and sixty-seven, at the hour of ten of the clock in the forenoon of the same day, and so on from day to day till you shall have given evidence as hereinafter mentioned, then and there to testify the truth and give evidence touching and concerning a certain charge or crime whereof James Dimond and others are indicted. And this you, or any or either of you, are by no means to omit, under a penalty of one hundred pounds.

Witness the honorable William Henry Draper, C. B., chief justice, at Toronto, the eighth day of January, A. D. 1867, and in the thirtieth year of our reign.

Ex. Doc. 42-3

ALLAN CAMERON.

Permit me to refer in this despatch to the excitement existing for some days past, and disturbing the quietude of this part of the province, in consequence of rumors of another attempt of the Fenians to invade and subjugate the Canadas.

The women and children belonging to and accompanying the troops stationed here have been ordered to remove for safety to inland towns, and I learn that re-enforcements are expected to the garrison stationed here.

I can, however, see at present no cause for apprehension of trouble from the Fenians to the people of this frontier.

I shall transmit to the department any reliable information when calculated to be of service to the government. I have refrained from communicating the accounts of the common occurrences taking place in communities so similar to and so near our own.

A force of artillery and infantry has just left this station to meet the Fenian invaders near Fort Erie. It must encounter them before morning.

W. MARTIN JONES,

Hon. WILLIAM H. SEWARD,

Secretary of State,

United States Consul.

No. 14.]

No. 36.

Mr. Jones to Mr. Seward.

CONSULATE OF THE UNITED STATES, Clifton, Canada West, June 2, 1866. SIR: I have the honor to inform you that at an early hour yesterday morning a company of armed invaders numbering about one thousand, and known by the appellation of "Fenians," entered this province from the State of New York, at or near Fort Erie, twenty-two miles south of this place. Of this

movement you will already have received information from the public press, which, however, gives varying statements relative to the number and movements of the party. I enclose a slip marked No. 1, cut from the Buffalo Commercial Advertiser of last evening, which conveys as correct an understanding of the case as anything yet published. In the afternoon of yesterday I proceeded to Black Rock Ferry, near Buffalo, where I visited the United States revenue cutter Michigan, which was then at that place, fully manned and ready for action. Nothing especially new was learned there in addition to the facts set forth in the accompanying extracts. At three o'clock the boat started down the river, in order to prevent further re-enforcements reaching the party in Canada, and to keep watch of the party itself. Great excitement is manifested in this and surrounding communities, but every possible effort is being made to meet and drive back the disturbers of the peace of the province. Whether they will be permitted again quietly to enter the territory of the United States is a matter of discretion on the part of the government of that country, and vigilance of its officers.

The greatest activity is displayed in forwarding troops to the scene of action. Soldiers are arriving at this station at almost every hour, and are being pushed forward to "the front." Fourteen hundred artillery and infantry left here at seven o'clock last evening; others followed during the night, both by this route and that by the Lake Huron road; and there must be at the preseut time from three thousand to four thousand British soldiers near the camp of the Fenian invaders, ready at the signal to advance to the contest, and possibly at this moment engaging with the enemy.

It is understood that the invaders were re-enforced during the past night. Their number is now reported, all from "reliable authority," (!) at from 3,000 to 15,000 men. Unquestionably some re-enforcements reached them last night from the other side of the frontier; and probably many men, having previously entered the province in small numbers at various points, have joined the main body since its arrival here; but I am not disposed to give credit to any story that places their numbers at above 3,000.

If permitted, this number will greatly increase; but if prompt action be taken by the authorities here, few of those now in the invaders' camp will return to tell the story of their attempt to free Ireland by the invasion and plunder of a peaceful country, more than three thousand miles away.

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

Hon. WILLIAM H. SEWARD,

Secretary of State.

W. MARTIN JONES, Consul.

[From the Commercial Advertiser, Buffalo, N. Y., Friday, June 1, 1866.]

The Fenian war commenced-Canada invaded-Fenians in possession of Fort Erie and Waterloo-Telegraph wires cut-Railroad tracks said to be destroyed-Our own reporter on the ground-Families leaving Canada for this side, &c., &c., &c.

The long anticipated movement of the Fenians would seem to have taken place at last. What the result will be cannot now be foreseen. If the rumors which are flying about in all directions have any foundation in fact, then we may believe that there has been a regular concert of action, and the whole Fenian force has made an advance upon the province at different points along the frontier.

We, in our yesterday's issue, gave some account of the gathering of the forces at this point, their movements in the city, &c., and it is not necessary to go into further details in this respect at present. It is enough to say that the men got here, that they were dispersed about the city and quartered in various localities under orders to move at the appointed hour, and that when the time came they were in readiness to go.

Although positively informed by a friend that the Fenians would leave Buffalo for Canada last night we could hardly credit the story, particularly as it came from one who was not connected with the order; but for once rumor proved no lie.

The forces marching.-At an early hour in the evening it became evident that something unusual was going forward, and as the hours wore on the signs became still more apparent. Towards midnight large squads of men could be seen marching and countermarching about the streets, not, as it seemed, headed for any particular point; but they all eventually got on the route towards Black Rock, following Niagara and Sixth streets.

Ammunition trains.-About the same time a number of heavy wagons, supposed to contain arins, ammunition, &c., were driven as far down the river road as Pratt's rolling mill, the point selected for crossing.

The crossing.-At this point were collected four canal boats, said to contain more stores and implements of war, and two tugs.

Arming the men.-At this point, we are told, the arms were taken from the cases and placed in the hands of the men, and ammunition served out at the same time, so that when they landed on Canadian soil they were fully armed and ready to meet opposition, if such were to be offered. Our informant states that these boats made two trips, carrying full loads of men each time. The crossing was effected about three o'clock in the morning, nd no

opposition was encountered.

The United States steamer Michigan.—The United States steamer Michigan went down the river about six o'clock this morning, too late to effect anything in the way of preventing the crossing of the forces, if such was the intention of the commander, as we presume it was. She took up a position opposite Waterloo, immediately in front of the Clinton mills, where she was still lying at eleven o'clock, with fires lighted, port-holes open, and guns shotted. The ferry-boat stopped.-The steam ferry-boat had been running until about nine o'clock, but at that time, just as our reporter reached there, she was forbidden to make further trips, and was detained at the dock on this side.

Over in a small boat.-Wishing to go "to the front" and see what there was in the way of "grim-visaged war" to be seen, the reporter, having obtained permission of collector Thompson, procured a small boat, and, with a couple of friends, started for the other side, not without some apprehension that a hail from the Michigan might possibly put a stop to the contemplated trip. Nothing of the kind happened, however, and the other side was reached in safety. Small boats continued to ply to and fro during the forenoon without interference.

The other side.-On reaching the dock four small boys and a couple of men were the only persons met, but on going a little way into the "interior" the gleam of bayonets was seen, and forces were observed marching along the road.

The number of men.-It was impossible to get at the precise number of Fenians under arms on the other side. On first landing they took up a position just opposite the ferry, a short distance back. While we were crossing we observed a column of men marching down the river bank, which numbered, as near as we could judge, about four or five hundred. Some said these were going to Chippewa; but it was understood that they halted a mile and a half further down the river, about opposite the old woollen mill at Lower Black Rock, where they still remain. There was another force. considerably smaller, left at the place first mentioned, but these, about eleven o'clock, moved down after the others. Some state the number across the river at fifteen hundred, while others are positive in asserting that there are but about five hundred. We believe the force to be about a thousand. Squads of men, armed with muskets, and some of them carrying knapsacks, were constantly coming along, from whence we could not tell, and taking their way down the banks of the river.

The conduct of the Fenians.—It is said that the men, as a general thing, conducted themselves in an orderly manner, and manifested no disposition to molest private citizens. All agreed in saying that they had made no disturbance.

Arrest of the reeve.-Mr. Kempson, the reeve of Fort Erie, was arrested this morning, and compelled to provide breakfast for the forces. Provisions were collected and taken to a spot near Mrs. Stanton's home, a short distance from the river, and the soldiers broke their fast. It is said that Mr. Kempson is still held as a hostage by the invaders.

Seizing horses. Two horses belonging to Mr. Kempson, we are told, were seized upon for the purpose of mounting the officers; three or four belonging to the Niagara Street Railroad Company, sent over there to pasture, were also taken; and we understand that a physician, while returning from a visit to a patient, was stopped and compelled to dismount, and his steed also confiscated.

The telegraph wires and the railroad tracks. We observed that the telegraph wires had been cut for the purpose of preventing communication with the Canadian cities. The wires were strewn about the road, and some of the poles had also been cut down. The tracks of the Erie and Ontario and Grand Trunk roads are said to have been taken up this morning for some distance in each direction approaching the seat of war. This was denied by some, and we did not have time to go and see for ourselves.

Trains on the Grand Trunk road-The steamer International.-We learn that three trains on the Grand Trunk succeeded in getting off from Fort Erie out of harm's way this morning bofore the Fenians had time to reach them. The steamer International is lying at her dock on this side and is not allowed to cross the river.

The Fenian officers. We noticed several mounted Fenian officers at and near Waterloo. Their appearance was not particularly cavalier like. Some had no saddles; some saddles