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LIST OF ACCOMPANYING PAPERS.

1. Mr. Adams to Mr. Seward, No. 1288, December 8, 1866, (with an accompaniment.)

2. Mr. Seward to Mr. Adams, No. 1894, December 24, 1866.

3. Mr. Seward to Sir F. Bruce, December 6, 1866. 4. Sir F. Bruce to Mr. Seward, December 7, 1866. 5. Sir F. Bruce to Mr. Seward, December 8, 1866. 6. Mr. Seward to Sir F. Bruce, December 8, 1-66. 7. Mr. Seward to Sir F. Bruce, December 14, 1866. 8. Mr. Seward to Sir F. Bruce, January 7, 1867. 9. Sir F. Bruce to Mr. Seward, January 10, 1867. 10. Mr. Seward to Sir F. Bruce, January 17, 1867.

11. Mr. Seward to Sir F. Bruce, May 13, 1867, (with an accompaniment.) 12. Mr. Seward to Mr. Ford, December 4, 1867, (with accompaniments.)

13. Mr. Ford to Mr. Seward, January 31, 1868.

14. Mr. Seward to Mr. Ford, February 4, 1868.

15. Mr. Potter to Mr. Seward, No. 269, June 7, 1866. [Extract.]

16. Mr. Potter to Mr. Seward, No. 270, June 14, 1866, (with accompaniments.)
17. Mr. Potter to Mr. Seward, No. 271, June 15, 1866 (with an accompaniment.)
18. Mr. F. W. Seward to Mr. Potter, No. 193, June 20, 1866.
19. Mr. Potter to Mr. Seward, (telegram,) June 22, 1866.
20. Mr. Averell to Mr. Seward, No. 6, November 28, 1866.
21. Mr. Seward to Mr. Averell, No. 10, December 4, 1866.
22. Mr. Averell to Mr. Seward, December 10, 1866.

23. Mr. F. W. Seward to Mr. Averell, No. 14, December 22, 1866.
24. Mr. Devlin to Mr. Seward, (telegram,) December 22, 1866.
25. Mr. Averell to Mr. Seward, (telegram,) December 22, 1866.
26. Mr. Drummond to Mr. Seward, No. 12, January 3, 1867.
27. Mr. Drummond to Mr. Seward, No. 16, January 14, 1867.
28. Mr. Averell to Mr. Seward, No. 30, March 25, 1867.

23. Mr. Blake to Mr. Seward, (telegram,) June 1, 1866.

30. Mr. Blake to Mr. Seward, No. 24, June 20, 1866, (with accompaniments.)

31. Mr. Blake to Mr. F. W. Seward, No. 28, August 6, 1866, (extract, with accompaniments.) 32. Mr. Blake to Mr. F. W. Seward, No 30, November 10, 1866, (with accompaniments.) 33. Mr. Blake to Mr. F. W. Seward, No. 34, February 18, 1867, (with accompaniments.)

34. Mr. Blake to Mr. F. W. Seward, No 36, March 27, 1867. [Extract.]

35. Mr. Jones to Mr. Seward, (telegram,) June 1, 1866.

36. Mr. Jones to Mr. Seward, No. 14, June 2, 1866, (with an accompaniment.)
37. Mr. Jones to Mr. Seward, No. 15, June 6, 1866.

38. Mr. Jones to Mr. Seward, No. 17, June 13, 1866.
39. Mr. Jones to Mr. Seward, No. 34, August 20, 1866.
40. Mr. Thurston to Mr Seward No. 98, March 9, 1866.
41. Mr. Thurston to Mr. Seward, No. 108, June 5, 1866.
42. Mr. Thurston to Mr. Seward, No. 117, July 28, 1866.

43. Mr. Seward to Mr. Thurston, No. 83, August 4, 1866.

44. Mr. Thurston to Mr. Seward, No. 119, August 20, 1866. [Extract.]

45. Mr. Thurston to Mr. Seward, No. 127, September 19, 1866, (with accompaniments.)

46. Mr. F. W. Seward to Mr. Thurston, Nc. 94, October 2, 1866.

47. Mr. Thurston to Mr. Seward, No. 131, October 10, 1866, (with an accompaniment.) 48. Mr. F. W. Seward to Mr. Thurston, No. 97, October 19, 1866.

49. Mr. Thurston to Mr. Seward, No. 134, October 22, 1866.

50. Mr. Thurston to Mr. Seward, No. 134 bis., October 25, 1866, (with accompaniments.) 51. Mr. Thurston to Mr. Seward, No. 136, October 27, 1866.

52. Mr. Seward to Mr. Thurston, No. 99, October 27, 1866.

53. Mr. Thurston to Mr. Seward, No. 137, November 2, 1866, (with accompaniments.) 54. Mr. Thurston to Mr. Seward, No. 138, November 5, 1866, (with accompaniments.) 55. Mr. F. W. Seward to Mr. Thurston, No. 100, November 9, 1866.

56. Mr. Thurston to Mr. Seward, No. 140, November 10, 1865, (with accompaniments.) 57. Mr. Thurston to Mr. Seward, No. 142, November 15, 1866, (with accompaniments.) 58. Mr. Thurston to Mr. Seward, No. 144, November 19, 1866, (with accompaniments.) 59. Mr. F. W. Seward to Mr. Thurston, No. 102, November 20, 1866. 60. Mr. Thurston to Mr. Seward, (telegram,) November 20, 1866. 61. Mr. Seward to Mr. Thurston, (telegram,) November 20, 1866. 62. Mr. F. W. Seward to Mr. Thurston, No. 103, November 21, 1866. 63. Mr. Thurston to Mr. Seward, No. 145, November 22, 1866.

64. Mr. Thurston to Mr. Seward, No. 148, November 26, 1866, (extract, with accompaniments.)

65. Mr. Thurston to Mr. Seward, (telegram,) November 26, 1866.

66. Mr. Thurston to Mr. Seward, No. 149, November 26, 1866, (with accompaniments.) 67. Mr. F. W. Seward to Mr. Thurston, No. 105, November 26, 1866.

68. Mr. F. W. Seward to Mr. Thurston, No. 106, November 27, 1866.

69. Mr. Thurston to Mr. Seward, (telegram,) December 1, 1866. 70. Mr. Thurston to Mr. Seward, No. 150, December 4, 1866, (extract, with accompaniments.) 704. Mr. Seward to Mr. Devlin, December 4, 1866.

71. Mr. Thurston to Mr. Seward, No. 152, December 6, 1866, (with an accompaniment.) 72. Mr. Thurston to Mr. Seward, No. 153, December 7, 1866, (with an accompaniment.) 73. Mr. Thurston to Mr. Seward, No. 155, December 10, 1866, (with accompaniments.) 74. Mr. Thurston to Mr. Seward, No. 156, December 12, 1866, (with an accompaniment.) 75. Mr. Thurston to Mr. Seward, No. 157, December 12, 1866, (with accompaniments.) 76. Mr. Thurston to Mr. Seward, No. 159, December 29, 1866, (with an accompaniment.) 77. Mr. Thurston to Mr. Seward, No. 161, January 3, 1867, (with an accompaniment.) 7. Mr. Hunter to Mr. Thurston, No. 115, January 8, 1867.

79. Mr. Hunter to Mr. Thurston, No. 119, January 22, 1867.

80. Mr. Thurston to Mr. Seward, No. 165, January 22, 1867, (extract, with accompaniments.) 81. Mr. Thurston to Mr. Seward, No. 166, January 26, 1867, (with accompaniments.) 2. Mr. Thurston to Mr. Seward, No. 167, January 28, 1867. [Extract.]

83. Mr. Thurston to Mr. Seward, No 168, February 13, 1867, (extract, with accompaniments.) 84. Mr. Thurston to Mr. Seward, No. 174, March 4, 1867, (with an accompaniment.) $5. Mr. Thurston to Mr. Seward, No. 176, March 13, 1867, (with an accompaniment.) 86. Mr. F. W. Seward to Mr. Thurston, No. 128, March 19, 1867. [Extract.]

Miscellaneous papers.

87. Mr. Richmond to Mr. Seward, telegram, June 3, 1866.

8. Mr. Groesbeck to the President, June 9, 1866.

9. Mr. Raymond to Mr. Seward, June 9, 1866, (with accompaniments.) 90. Mr. Pendleton and others to the President, June 9, 1866, (telegram.) 91. Mr. Joyce to General Gillem, July 11, 1866, (with accompaniments.)

92. Mr. Seward to Mr. Hendricks, July 16, 1866.

93. Mr. Hendricks and others to the President, July 30, 1866.

94. Mr. Seward to Mr. Hendricks, August 24, 1866.

95. Mr. Hunter to Mrs. Lumsden, September 13, 1866.

96. Resolution of the citizens of New Haven, Connecticut, November 2, 1866.

9. Resolution of the city council of Cincinnati, November 3, 1866.

9. Mr. Burke to the President, November 10, 1866, (with an accompaniment.)

99. Mr. Dickson and others to the President, November 12, 1866, (with accompaniments.) 100. Mr. Cahill to Mr. Seward, November 19, 1866, (with an accompaniment.)

J01. Mr. Hunter to Mr. Seward, November 20, 1866.

102. Mr. Seward to Governor Dillingham, November 26, 1866.

103. Mr. Seward to Mr. Baerman, November 26, 1866.

104. Mr. Seward to Mr. Sitgreaves, March 9, 1867. 105. Mr. Seward to Mr. King, December 5, 1867. 106. Mr. Seward to Mr. King, February 3, 1868.

LIST OF PAPERS HERETOFORE PUBLISHED IN THE DIPLOMATIC CORRE SPONDENCE, VOLUME I, 1866, RELATING TO THE ARREST AND IMPRISONMENT IN CANADA OF AMERICAN CITIZENS, AND PERSONS CLAIMING TO BE SUCH CITIZENS, BY THE CANADIAN GOVERNMENT, FOR ALLEGED COMPLICITY WITH THE FENIAN MOVEMENTS IN CANADA.

No. Date.

From whom and to
whom.

Subject.

Page.

1866. 1780 June 12 1820, July 30

Mr. Seward to Mr.
Adams.
.do

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166

1868 Oct. 30 Mr. Hunter to Mr. Adams.

Enclosing copy of the President's message
of July 26, to the House of Representa-
tives, together with the copies of the doc-
uments which accompanied it.
Enclosing copy of an instruction from the
Secretary of State to the United States
consul at Toronto, in regard to the trials
of American citizens in Canada.

1976 Nov. 17 Mr. Seward to Mr. Enclosing a note of the 15th inst., relative

Mr. Seward to Sir Relative to affairs on the Canadian border.

Adams.

to the action of the Canadian government,

June 11

F. Bruce.

Treatment of Fenian prisoners

June 11

Sir F. Bruce to Mr.
Seward.

Same subject....

209

212

237

238

List of papers, Sc.-Continued.

Mr. Seward to Sir Enclosing copy of a letter of the 28th in-
stant, from Hon. Thomas A. Hendricks,
in regard to the case of John McMahon.
Same subject.....

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1866. June 21

Mr. Seward to Sir Enclosing the petition of Mrs.Sarah O'Malia
F. Bruce.
on behalf of her husband Patrick O'Malia,
captured in Canada.

239

June 23
June 30
June 30

Sir F. Bruce to Mr.

Relative to the case of Patrick O'Malia,

239

Seward.

captured in Canada.

...do....

Same subject..

241

241

F. Bruce.

July 10

Sir F. Bruce to Mr.

July 13

Seward.
...do

242

245

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Relative to the prompt action of the United
States with regard to the Fenian move-
ments against Canada.

Mr. Seward to Sir Enclosing copy of a letter of the 23d of June,
F. Bruce.

[blocks in formation]

from James Diamond to the President,
relative to his arrest and imprisonment,
Enclosing copy of a letter of June 23, from
Patrick O'Mally to the President, relative
to his arrest and imprisonment.
Enclosing extract of a letter from United
States consul at Toronto, relative to the
case of Ellis, Dillon and Carney.
Enclosing extract of a letter from United
States consul at Toronto, relative to the
case of John Sheridan.

Case of James Diamond

Enclosing a copy of a letter of July 21,
from John McMahon to Mr. W. D. Frazee,
relative to McMahon's arrest and impris-
onment in Canada.

Enclosing a copy of a letter of the 17th in-
stant, from Mrs. Lumsden to Mr. Seward,
relative to the arrest and imprisonment of
her husband, Rev. David F. Lumsden, in
Canada.
Same subject.....

Mr. Seward to Sir Enclosing a copy of a petition from several

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254

258

259

259

260

262

262

263

Nov. 27 Sir F. Bruce to Mr.

Seward.

Enclosing copy of a despatch from the Uni-
ted States consul at Toronto, relative to
the trials of Fenian prisoners in Canada.
Enclosing copies of a letter of the 13th in-
stant, from the governor of Vermont to the
President, and of a similar communica-
tion of the 15th instant, from Mr. A. H.
Bodman, city clerk of Chicago, to the
President, both relative to the cases of
Robert B. Lynch, John McMahon, and
others, prisoners in Canada.
Same subject...

263

265

No. 1288.]

No. 1.

Mr. Adams to Mr. Seward.

LEGATION OF THE UNITED STATES,
London, December 8, 1866.

SIR: Having received an intimation from Lord Stanley that he would like to see me, I called at the foreign office yesterday and had an interview with him. His object he said was to make a statement to me in regard to the demand by you for copies of the record of the trial of Lynch and McMahon in the court of Canada, for participation in the attack on Fort Erie. Accordingly he read from a memorandum the statement herewith transmitted as copied from the paper left by him with me for the purpose. I remarked to his lordship that inasmuch as I had not been the medium of communication through which this demand was made, it might be perhaps advisable for me to endeavor to define to him my impression of the nature of the case as gathered from the documents supplied for my information, so that I might be corrected if I was wrong. I understood that your demand for the copies referred to had been made in the first place in a letter to Sir Frederick Bruce, and through him to the authorities in Canada; that the question thus made had been referred by the latter to her Majesty's government for consideration and a decision here; that the paper now read to me was that decision, which in substance was intended to grant the application, at the same time precluding any inferences that might be drawn from the concession as a matter of right; and lastly that this paper had been placed in my hands with a view to my transmission of a copy of it to my government.

His lordship assented to this statement of the transaction, and the conversation on the subject dropped, with a remark on my part that I should at once transmit the paper as desired.

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

Hon. WILLIAM H. SEWARD,

CHARLES FRANCIS ADAMS.

Secretary of State, Washington, D. C.

Substance of a statement made to Mr. Adams.

We cannot admit that the United States government are entitled, as of right, to demand copies of the record of the trial and conviction of the prisoners Lynch and McMahon, but we see no objection to copies being furnished in this case; and, though declining to give an absolute pledge, we shall, as a general rule, not object to supply them in future cases.

Her Majesty's government will, undoubtedly, examine the judicial proceedings, as requested by Mr. Seward, with a careful regard to the rights of the United States, and to maintenance of good relations; but, in doing so, we must guard ourselves against the supposition that we regard the local tribunals as likely to deal with the cases before them otherwise than justly.

As to the adoption, generally, of a policy of leniency, it is to be observed that such has been for many years past the custom of the British government in political cases, e. g., in 1848, when Smith O'Brien made his attempt at insurrection. We think that policy sound, and intend to follow it, but with this reservation, that, if leniency fails in its effect, and fresh disturbances are attempted, we may be compelled, with whatever reluctance, to adopt a

different course.

No. 2.

Mr. Seward to Mr. Adams.

No. 1894.]
DEPARTMENT OF STATE, December 24, 1866.
SIR: I have to acknowledge the receipt of your despatch of the 8th of De-
cember, No. 1288. It is accompanied by a statement which Lord Stanley

made to you on the 7th instant. (This date of the statement is referred from your despatch.) The statement shows that this government would be furnished with copies of the records in the trial of Lynch and McMahon, who have been lately convicted, and that like copies of records would be supplied in future cases. The statement, however, declares that her Majesty's government, in consenting that these copies of records shall be furnished, do not accede to my application for them on the ground of absolute right. The statement also expresses the views of her Majesty's government in regard to the policy of leniency in the cases of political convictions.

The United States have no disposition to find an occasion for difference with her Majesty's government in either of the matters thus referred to. In point of fact, copies of the records have been and are being received from the Canadian authorities, and the rigorous course of the law has been already stayed by a respite of the convicted persons from execution. It is much more pleasant to us to express a high appreciation of these proceedings on the part of her Majesty's government, than it would be to raise complaints upon any merely abstract questions which could arise out of the transactions themselves.

It is important to understand clearly the ground which the United States assumed when asking for the records referred to. It appears that, in the indictment upon which the parties named were tried, it was expressly charged, as a material and integral portion of their crimes, that the accused were citizens of the United States and that their offences were committed in that character. This government, in such a special case, where citizenship of the United States constitutes a material element of the conviction, thinks itself entitled and obliged by international law to review the proceeding in all its parts, and to ask from her Majesty's government a full and perfect exhibition of all the proceedings which resulted in capital conviction.

I have stated the point thus distinctly for the reason that in the criticisms which have been made abroad, upon the application for the records, it seemed to be assured that citizenship of the United States did not enter at all into the allegations of guilt against the accused.

I am, sir, your obedient servant,

'CHARI ES FRANCIS ADAMS, Esq., &c., &., &c.

WILLIAM H. SEWARD.

No. 3.

Mr. Seward to Sir F. Bruce.

DEPARTMENT OF STATE,

Washington, December 6, 1866.

MY DEAR SIR: I have not yet received the transcripts of the records of the late capital trials which have taken place in Canada. It can well be conceived that the papers are voluminous, and the delay is, therefore, unavoidable; nevertheless the 13th of December is near at hand. I beg leave, therefore, to ask if you have it in your power to inform me of the probable disposition of those

cases.

WILLIAM H. SEWARD.

I am, my dear sir, very respectfully, yours, Hon. Sir FREDERICK W. A. BRUCE, &c., &c., &c.

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