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Presented to both Ho.ces of Parliament by Command of Her Majesty. February 18G7. LONDON: PRINTED BY IIAIIKISON \ND SONS. i^f i No ill Strii's. 1. 1.1)1(1 .Moil v'3. <» )i 4. 11 )» ^6. 7. )i »i v'8. 9. ., 10. 11. 12 »T I' la. 5» I- 14. J) •> i->. •) IC. )» J» 17. M M 18. )> •» in. Lt. Oon. .^ 20. )> »• 21. ji ;» 22. )) '* 23. »» ?• 1. Mr. Cai-ch ,2- V3. 4. V5. )» )» G. .. 7. Lord Can V 9. „ 10. „ 11. „ 1 12. „ LIST OF PAPERS. DESPATCIinS lUOM Till-: (;OVFI!\Oa-Gi;NEl!AI No. 1. /■i. v'3. 4. ^6. 7. v'8. 9. 10. 11. in Stl'ii'9. i.ord .MoncI; 12 M I 13. 14. J) 1.-*. •) IC. )» » 17. )» 18. „ 19. Lt. Ooii. Sir 20. )> » 21. )• •- 22. )! ! 23. t» ? No. 4a 45 47 .^)1 .■)•.! J3 59 04 C5 .III IIP Michel. 17 ( Extr.'U't) 7 Dnic. 1. ISCG 4, 11. 13, 14, 14, 14, 18, 21, 70 28, S7 .liilv 21, 112 Anir. 15, 1,J4 Oct. G, ICJ 18, 183 Nov. 3, 204 Dec. 1, 13, 21, 27, 31, .Ian. 4, 18G7 Iiiv.i-ii)n iifilip Province Iiy Pciiians . .Military ii)i('r.itii)n< iiLr.iiii''t I'diiiiu-'. I'-xcrlioiis of I'nilril .S.iitPs' Govi'rniiiont .. .. Ill coiHiiiii iliiiii of No. 45. Proclamation of PresiiU'iit of I'liiti'd States Acts relalivi' to tlic Ir'al of I'Viiians, , Ditto. I.clli'r to Sir !■'. I'riici' itcoorts from military olliccrs . , Alli).a'(l ciitiaiicc of liriti-li Iniops on AmcricAii territory Palriotisiii of noii-resiilent Caiiatlian-; Case o( Kelly. I'niieil Siates' ciiizeii, tiiUen jirisoiior linriiicf tiie raid . . . .. Fenians have di-persed ai;il returned to their homes. Energetic eondiiet of L'liiled Stales. Force of Arlillerv slionld be streni^'thened .. Letter from Sir,!. Micliel to War Ollice. Move iiunt id' troo|i9 . . . . AIIej;ed viidaioii of j^erritory oy British troo])S Trial liv Militia C'oiirts-iirirlitil. Hejiort on act .\els relative lo the trial of Fenians . Report upon two Acts recently passed for pro- tection against lawless airirivssion . . . . Protection of Lower Province from lawless airgres''ion. Iteporls on acts . . . , Cases of Lyiicdi and Mae Mahon. Notes of evidence. Attornev-tier.eral's Report Tiaii-iiiits ,liidt!e's notes in the trials of live Fe'.ii:m ju'isoiiers recently convicted at 'roronl'i . . . . . . , . Comiiinlatioii of sentences on I.ytieli .ind .Me Maiion . . . . . . .. Trial of Tlioii'.as Madden . Forwards evideiiee on which Thomas Msddeil w.is found i;iiilty . . . . , ('nmiiiiitalion of sentences . Coiniimlatiiiiinf -enteecesof Fenians condemned to death at Toronto and Sweetshnri' 1 1 3 4 G 7 24 2(i 27 29 31) . 31 33 34 35 3G 37 65 (55 66 73 DKSPATCIIES FROM THE SECIM'TARY OF STATE. 1. Mr. Cardwell . ,2. „ „ . V3. „ „ . 4. „ V -J. ,, J, . G. „ 7. Lord Carnarvon 8. ,, ,, ■J 9. „ 10. „ 11. „ ,. 12. „ 5C C3 G7 .lone IG, ISGG 22 23] 69 71 29, 30, 72 30, 4 •Inly 7, 7 11, 18 Antr. 4, 53 101 Sept Nov. 13, 23, 108 24, Acknowledires No. 43, rcportinij invasion ,, 77 AcUiu>wlc'df>-es No. 45 .. .. ..77 AckniiwIedLres No. 47. Expresses satisfaction at the spirit and eiiercy of the (.'aiuulians and the Government of tiie I'liited States . . 77 Aekiiowleilp:es No. 54 of June 14 .. .. 78 Acknowledges No. 53 of Jniie 14, with, expres- sion ol approbation ■ . . , 78 Acts of Le'fislatnre. Offencesajainst the peace of the Province. Trial by .Militia Court-martial >.s Trial of Fenian prisoners by .Militia Courts- martial .. .. .. .,79 Acknowledires No. 55 of June 14. Patriotism 111 non-resident Canadians .. ..79 Conduct of .Mililia and Volunteers. Letter from Field-Marsh.il Comniauding-in-chief .. 80 Objections to the .Acts . . . , , , 81 Fenian prisoners. Approves course adopted nmler the local Acts ., .. ,.81 Commutation of sentences on Fenian prisoners 82 w LI8T OK HAVERS. No. in i rrir!'. l;,. I (11(1 CiMiriAon H. IC. J/. No, ina 121 127 1:M l).it< Ndv. '.'I ! Dec "Jf- I I Jan. - I Fi'l). SunjixT. Pjjjt- l.'-Clj .\tI.iu.\v!c('L'i K'l. 1 •■<.'!, rrspii'liiig tlip rasi'3 of I.Micli , •111(1 .Ml .Maiuui .. .. ..S3 .\il,i!(i\\li df.-!-- l\ . "JO-l, iiiclosiiijj Judge's iioti'i on Iri.iis dl' live IViiiaii iirisomrn . ..83 U(>7 ] Ackiir\vl((!f;cs I'lii'clirv of f'l:.li''> Xo. 7 of ! !)(<(( mix r 11! 18(0 ' .. .. .. s;) A|)pi'(ivii,!; coiLiiiiilaiidii ol .Ai;iil(Ioirs ti'iiUiici' to tttciily veil:,' |)i iiiil s(r\'itii(i.' . .. P4 AckliowK (I'.r.i No. 7 of January 4, rcporliiii.' coniiiiiitaliou of rapiial mhIclc.' on I'lnlan (onvid 1() |H( lily y(aiV |Hnal >cr\ itiiclc .. Si DESPi [82 p«ff« tig tlio rases uf ..83 ,■■ .luilgp's IIOU'S 'I'* • .,83 -•t(''> So. 7 of lilcii's si'iilciicc !.• . .. S4 y 4, report iiifr I.e.! oil I'eniuii I hervitiido . . S-J DESPATCHES FROM THE GOVERNOR-GENERAL. [82] B Cni'V ol';i (N.. 43.) ylll, 1 UA this niornn ofK ew Y( now (((•Clip The I{ij;lit &c. Coi'v of a (No. 45.) Sll!, REFI Tor your in IJiifialo to 900 nuMi, i I had ami a \r.ir attack. I ha VI from ti'k'j. statonicnt liiimt puslifd on L'ohnK'l P( and there ('hil)l)e\va, of 8aturd Port CoUk went in th railway an Colonel l'( They hut were c time on Si C'(doi from Cliip former phi The 1 Dt'sj)atrlit's Irom llir ( i(t\('ruoi-(icMKTal. Ko. 1. Ciii'V ol'ii DIlSl'ATC'Il IriMu (•ovcnior-Cn-mMal the l!i;;Iit U»\i. ViscDunt MescK to the Kiiilil lloii. IIdwaiji) C'ai:i)\vi'.i,i„ .M.I*. (JdVfinnii'iit House, (Ittawa. June 1, 18G0. (Xo. 43.) (Il.cciviil.Iimo 14, ISCJG.) (Sill, (Aii^wriiMl, Ni.. "lU, .Iiiiie l(i. ISfJO, pasc 77.) I ir.WK till' lionoiir io \n['»ym vou tliat a Ixulv of •!(><) I'Vniaiis enteietl tliis Province tliis nioiniuj;-. 'V\w\ ir(i>>i'il llic Nian.iia liivcr at Black L'ock. near l>nlIiilo, ii> the State ot'Kew York, and i'slai)li>lieil tlieniselvi's in the villaj;c of Fort Erie in Canada. I am now occuiiit'd in takini;- nioasiu'es for ineetinj; the cnierj^ency. 1 have, &e. The Ki-ht Hon. Edward Cardwoll. M.P., (Signed) MONCK. &c. &c. &c. No. I. No. li. Coi'vot'a DESPATCH i'roni (iovornor-fJoneral tiu" l{ii;lil Hon. Viscount Mhnck to the Itiyiit Hon. EjiWAUi) C.vi!i)\vi;i.i,, M.P. Oovernnieirt House, Ottawa, June 4, 18GG. (No. 45.) (UfCL'ivctl June 18, ISCU.) Sll!, (Answered, \ie on tiio mornin;;- of Eriday, Juno 1st, proved to be between 800 or nOO nu'n, and seem to have been well armed. 1 had previously had inforniati(Hi that some sneli attempt would sliortly be made and a i)arty of volunteeis liad iieen stationed at Port Colboriie in anticipation of an attack. 1 have not yet h.id time to receive ollicial acc(mnts of the military operations, but from telegraphic rejjorts ^^hicll have reached me 1 am able to give the following statement of what occurreil which I think may be consiilered authentic. Immediately on the receipt of the intelligence of the invasion, Major-Ocneral Napier pushed on by rail to Chip])ewa, a force consisting- of artillery and regular troop.s under Colonel Peacocke, lt'»th l{egiment. Chippewa is about nineteen miles from Fort Erie, and there is no railway communication between the two places. On arriving at ('hil)l)ewa. Colonel Peacocke moved on in the direction of Fort Erie. On the morning of Saturday, June I'nd, the body of volunteers station' d as already mentioned at Port Colborr.e. left that place by rail which runs parallel to the shore of Lake Erie and went ill the liirection of Fort J']rie as far as a place called Ridgway; here they left the railway and proceeded on foot, apparently with the intention of etfecting a junction with Colonel Peacocke and his force. Thev came n])on the l-'enians encamped in the bush and immediately attacked them, but were outnumbered and compelled to retire on Port Colborne. This occurred some time on Saturdiiy -June 'Jnd. Colonel Peacocke in the mean time was advancing in the direction of Fort Erie from Chippewa along the banks of the Niagara river, but was not able to reach tho former place before night-i'all. The Fenians however did not await his arrival, but rc-crosscd the river during the B 2 No. * See above. Mi Incl. 1 in No. 2. Inrl. 2 in No. 2. Jiiil. 3 in No. 2. night l)Otwppn tlip 2tul mill Hnl .Imii-. I<> tlio imnilior ol' aimiit 7*>() iix'ii, and us iipju'iirH fVoni tlic aci'()ini»iui,v'mu tclfniaiu rnmi Mr. ('misiil lliiuaiis, were iiinncdiaUly anvitcd \>y the aullioritios of Uu' I'liiti-d Stales. I am liaijpv to \w al)li' lo iul'orni ytui that the olliceiN of tlie I'liiti-d Htati's Clovi'iimiiiit ajiiiiar to liavo t'xi-rtcd thfiii-i'lvi's to i)i..'Vont any assi>tan(H' hi'in;; sii|i]ili('d til thi' invaders. I Iransniit eopics of telejjranis received on tliis sulijeet froui .Mr. ('(Misul lleinans. We liave si.xty-five jirisonorH in mir possession who have Iteen hy ni\ direetion conimitlei! to the euinnion ;:iii'l at 'roroiito to await trial. I tiiiidv it i-i ereditalde iiotii to liic niiiiliiry and militia authorities in Canada, tlial they were in a |)osition witi\in tweiity-fonr iionrs atter the invasion of the I'rovinee at a point of tlu' enemy's own seh'i'tion. to plaee opposite to idni such a force as eoinpelled hi.s precipilati' retreat without even risixini;- an ennayeinent. 1 shall not fail to send you more full particulars when I shall have reeeived the oflicial reports from the otlicors enyaj;ed, hut tiie main facts are a- I have stated them above. I have, i^-e. The night Hon. Kdward Cardwell, .M.l'. (Si-iied) .MOM'K. &c. &c. Sec. luclosure in .No. J. TELKOn.VM from I5utl'a'i> to Viscount Monck, Ottawa. .lune :'., I8li(). WHOLE I'Vnian force, uhout S.'O stronii'. evacuated Canada at •"> a.m., "<"' of them, with the leaders, lying at th's moment in arrest under nuns ot jMichii-an war-steamer. (Si-nedj 11. W. HliMAiNS. Inclosure 2 in No. 2. 'rELEGi!A.M IVom Buifalo to Viscomit jMu.m k, (tltawa. June L'. ]S(iO. FKNIA!NS hroke up encampment at 'J"M) a.m., and marched ahout f(mr miles down vivcr, said to he ]ialf-stnr\ ed and nua'ii demoralizt'il. Possession of -i\ jiuns is undouhted. Kivcr patrolled all ni^lit liy armed tui;-ln)als charlered hy I'nited States' Attorney. Several captures .nnde, and no reinforcements believed to liavc crossed over. Have uniforndy telej;;raplied to Cieneral Napier. British Consul. (Signed) H. W. HEMANS. Inclosure o in 2s o. 2. Telvgra.m from IJuHiilo to Viscount JMonck. Ottawa. .lune o, lf<66, FROXTlEl? from l']rie to Oswego jjlaccd hy Cencral Grant in charge of General Harry, of United Stales" Artillery to-day : tliirteen companies uniier his command, Avith power to add according to emergencies. .\ revenue cutter just arrived to patrol river. A British gun-boat much vmted in tliosc waters. (Signed) 11. W. MEMAK^. CnlV of a ^No. IT.) Sii;, IN col June. I havi place on flu I am ^ stance^ of I reniU'r corn I have in my last i lunneil force of the 1 have exigencies t IVovince. of Her .Ma insfantaneo within twer that within troops, were the I'rovinc With St. Lawreiu and lilted u Lakes. I am I rnited Stat the Kenian I iui'lo ordei' addre l)rominciit i 'I'his 1,1 (icneral S\ couspirai'v I'mliT which are 1) real dang<'r betake then I'arliai Corpus Act Canada (Ci Courts-mar The Uight Xc. WITE within the havi- ])rovi( military ex from the te people of 1 which said il iiM ii|)))(, I8(!(i. 7n(» of them, • sleiiiner. IIMMANS. le L'. iJ^dll. ir luiles down is undoubted. •s' Attorney, over. J lave EIEMANS. ic 3, 1866. n cliarge of his eonnnand, \ cd to patrol IIEMANS. 3 No. 3. Ci.i'V ot a DllSIVVrCll I'ldin (iovernori Jenerni llie IJiijiit Hon. Viscount MoNCK in the iJinlit lion. MuwAiui ("audwi I.I,, .M.I'. tJovcrnment House, Ottawr., .luno f*, ISOCi. (No. IT.) (H.'Ciiv.'.l .Inn.' 'j;!, ISCii;.) SlK, (.Vn.wprnI, Nil. (i7, .Iiiiic 2:t, IHCO, imijc 77.) IN eontiniiaiiee of llie uairalive eontain'-d in my despateii No. i^>* of the Ith of tluiie. I havi' (lie honour lo repnrt ihi'i no I'nvllier invasion of ( 'uiiadian territory has taken place on file piul nf (he {''enians. I aui >liii wiihoul olliiiiil report ■> of llie pinceedinns a' l''orl I'rii'. lint t'i(> ciroum- stanee> ol' the Im>I week lia\e called -d hiiycly mi the time ol' the military oHieerH as to ri'mh'r eoiri'-;iondeiice very dillicult. I have iKi nasdii to douhl the suhstantial accuracy ol' the account which 1 >ent you in my la-t de-pat"h. Immediately after tin- first iii'ws of the invasion reacheil me the whole N'olnnteir force of the i'rovince was placed on active duty. I have the uliiiii^l ^ali^laclion in reportiiit? lo you the admirahle s]iirit in which (he c\ii;eneies oC (he ninmeiit were met both liy (he administration and the po]iulation of (he Province. 'I'lie former placed unreservedly nt my disposal, for emplnyment )iy (In- ollicers of Her .Majesty's forces, (he entire n'sources of the country. The lafter responded instaiitaneoU">ly to the call to nrins. and I am sure I do not I'Najrueratt' when I say tha(, widiin Iweiity-four hours after the i^sue of the order, L'(l,(Mi(l men wfre under arms; and that widiin lorty-t'inhL hours alter the sanie time, they, in comhination with the re;;ular troo)ts, wi'ri' disposed hy the liicutenanl-tieneral ('onnnandiuf;- in itositions which remlered the I'nnince secure from attack. Willi (lie aNsisiiince of the ollicers and men of the slii]is of war mn\ in the St. liawrenee. a llotilla of steamers has heeii chartered hy the Proviiicial (Jovernmcnt, and lit ted up as temponivy <;un-hoats for service both on the IJivcr St. Lawreneo and the T^akes. I am liappy al>o, to he in a )io~ilitate of preparatiim, and of the steps whieii are being taken by the Government of the United States, I am persuaded that all real danger is at an end, unless the force of IVnians assembled on the frontier should betake tliem>elves (o ncls of plunder which 1 do not anticipate. I'arlianu'iit is to assemble this day. and il is intended at once to suspend the Habeas Corpus Act, and to extend to Lower Canada the Act at present in operation in Ujjper Canada (Consolidated Statutes. Upper Canada, cap. 90), providing for the trial by Militia Courts-martial of the prisoners. I have, &e. The Uight Hon. Edward Cardwell, M. P., (>^igiicd) MONCK. &e. &c. &c. [nclosure 1 in No. ;'». .\ I'liOa-AM.VTlON. AVITEREAS it has become known to me that certain cvil-disposed persons have, within the territory and jurisdiction of the United States, begun and set on foot, and have ])rovided and pre]iared. and are still engaged in providing and preparing means for a military expc'ditiou and enterprise; which expedition and enterprise is to be carried on from the territory and jurisdiction of the United States, against Colonics, districts, and people of British North America, within the domain of Great Britain and Ireland, with which said districts, and iieople, and Kingdom, the United States arc at peace. And No. ;i. • Pngc 1. bicl. 1 in No. J i whereas the procoeiUugs atbresaiil eoustitute u high inisilenu'!UU)r, fovbithlen by the laws of the rnitoil States, as well as liy the lans of nations. Now, therelore. I'or tlie puriwso of preventing- tlie carrying on of the niili'.wtiil expedition iuul enterprise aforesaid, from the lenit(n-y and jnrisdietion of the I'uited States, and to maintain pulilie jteaee. as well us the national hononr. and eiiloree olu'dienee and respect to the laws of tlie I'niteil States. I, Andrew .lohnson. President of the I'niled IStates, do admonish and warn all good citizens of the I'nited States againsl taking part in or in any w;iy aiding, ciuniten- anelng, or abetting said unlawful proceeilings. and I do exhort all -hulges, .Magistrates, • Marshals, and otticers in the service of the I'liited States, to em])loy all their lawful authoritv and power to prevent and defeat the atbresaid unlawful proceetlnigs therein, and •nirsuant to the Act of Congress in such ease nuuK' and provided. I do furlherinore authorize and empower Major-tJi'iieral (Ji-o. (J. Aleadi'. Connnandant of the military and naval forces of the United States, ami the .Militia, thereof, to arrest and prevent, the .setting on foot and carrying on the expedition and eiiier]n-ise aforesaid. In testimony whereof 1 have hereur.to set my hand and caused the seal of the United States to he affixed. Done at the city of AV'ashington, this iltii of flunc. in the year of our Lord liSlid, ami independence of the United States the ninetieth. (Signed) ANDKRW JOHNSON. (By the President.) hici. 2 in No. 3. No. 4. IncI, \ in No. 4. Inclosurc - in No. 3. Attorncy-Ocnerars OHice, Wasiiiiigton, June .">, ISfifi. I>V direction of the President vou are hereby instructed to cause the arrest of all promiiu'ut or conspicuous jiersoiis called reiiians who yon may have probable cause to believe have been or may be guiltv of violation oi' the iieutralitv laws of the United States. (Signed) .lAMKS SPEED, Attorney-General. No. 4. Copy of a DESPATCH from (Joverncn-Gcneral the IJight Hon. Viscount Monxk to the Right Hon. Kdw.mjh C.\1!UWf.li,, M.T. (iovernment House, Ottawa, June 11, 18(5G. (Kccoivrd .liiiu' -J.j, ISllG.) (No. 51.) (Answcml, N . 7:3, Jiuic ,!0, lS(i(J, pagi! 78.) SlK, CAuswcri'd t'lirtlior. .S'n. 4, .Inly 7, IS'Jii. |i:ijr.' 79.) I HAVE the honour to inclose lour co])ies of the ollicial CiMiada (la/.ette, containing copies of two Acts assented to by me in lli'r ^Injesty's name : •• An Act to aulhori;,e the Apinvhension and Detention until the Slh day of ,lune. ist>7, of such Persons as shall be suspecteii of committing Acts of Hostility or conspiring against Her Majesty's Person and (iovernment;" "An Act to Protect tiie Inliabitants of Lower Canada again.st Lawless Aggressions from Subjects of Foreign Cauntrics at peace with Her Majesty." I have, &(■ The IJight ilon. Edward Cardwell, M.P., &c. &c. &c. (Signed; MONCK. Inclosme 1 in No. 4. (No. n.'iOO.) Cai'. 1. An Act to authorize the apprehension and detention until the eighth day of June, one thousand eight hundred and sixty-seven, of such iieisoiis as shall be suspected of connriiting acts of hostility or conspiring against Hi i' .Majesty's Per.son and tiovernment. [Assented to Slh June, 180(1. ] Whehkas certain evil disposed persons being subjects or citizens of tbreigii countries at peace with Her iMajesty, have lawlessly invaded this Province, with hostile intent, and It whereas otl threatened ; and Asseinl 1. All Province at signed by w "Warrant. I Regular. M men of Her AVith 1 Or wit Or wi II Or wit ci Or wit ill Or will to ni (\ Or cha 01 May be dcti one tbousaii bail or try ii from ller M hundred an that if with copy therec cimntersigiK in custody virtue of th 2. In c or shall be detained in Peace for ai for any pei directed to in any plaei warrant or intents und traolers and jilace?. wbcr detained in jirisuns am respectively by warrant persons by or detained ;$. 'I'h ojicrations Ibrce and v foi'ce and e 4. Thi Parliament. (Ion l)y tlio laws for 11k' i)ur])oso atoR'siiid, from ic jn'MCt'. as we'll ot tlio I'niU'il >li and uani all tiding-, (•(uinteu- I's. Mai;istratcs, all llioif liuvt'iil iiii's tliori'in, and do t'nrllioriiioro lu- niilitavv and ind [Movent the al of the Tnitod Lord ISCiC), and JOIINSOX. President.) Jnno :>. ISfiO. the arrest of all irohablo eause to 10 United States. )rnov-General. t MoNCK to the fnno 11, 18G0. UO.) id, |lll}ri' 78.) syu. ii;ig.' 79.") zette, containini!,' to aulliorii.e tiie 'rsons as sliall 1)0 Majesty's Person Canada ai^ainst ler Majostj." iVO, &c. MONCK. i day of Jnno, one 1)0 snspootod of tv's Per.son and whereas other similar lawless invasions of and hostile incursions into the Province arc throatonod ; Her Majosty, by and with the advioe and consent of the Legislative Council and Assemhly of Ciinad;!, enacts iis follows: — 1. All and every person and persons who is, are, or shall bo within prison in this Province at, u\Hm, or alter tiie day of the passing- of this Act, by warrant of eonunitniont sit^nod by any two .Justices of the Peace, or unilor capture or arrest made with or without AN'arrant. by anv of the otliccrs. non-commissioned ofticers or men of Her Majesty's Retcular, Militia or X'oluntoer Militia Forces, or by any of the otficors. warrant officers, or men of Her Mnjesty's Navy, and eharued ; ^Vith being- or coniiuuinu- in arms against lii . Majesty within this Province; Or with iniy act of hostility therein ; Or with havint; I'lUorod this Provinoo with dcsiffn or intent to levy war against Her Majesty, or to eonunit any felony therein ; Or widi levying war ajiaiiisl Her Alajesty in company with any of the subjects or citizens of any foreign State or conntiy then at peace with Her Majosty; Or with entering this Province in eomi)any with any such suhjccis or citizens with intent to levy wai on lb r Majesty, or to connnit any act of felony therein ; Or with juinnig himself (o any j)ersi)n or persons whatsoever, with the design or intent to aid and assist him or them, wluther subjects or aliens, who have entered or mav enter this Province with design or intent to levy war ou Her Majosty, or to commit any felony within tlie same; Or cbai'^ed with high treason or treasonabli' practices, or suspicion of high treason, or treasonai)le practices ; May he detained in safe custody, without bail or main))rize, until the eighth day of June, one thousand eight hundred and sixty-seven, and no Judge or Justice of the Peace shall hail or trv any such person or persons so eonunilted. captured, or arrested without order from Her Majesty's Executive Council, until the eighth day of June, one thousand eight hundred and sixty-seven, any law or statute to the contrary notwithstanding; provided, that if within foiuteen diivs after the dale of any wanaut of coimuitnient, the same or a copy thereof ccrtitied by the party in wliose custody snel |)erson is detained, bo not countersigned by a clerk of the Kxocutive Council, then any person or persons detained in custody under any such warrant of commitment for any of the causes aforesaid by virtue of "this Act, may a])ply to be and may Ik; admitted to bail. 2. Li eases whore any i)orson or persons have been, before the ])assing of this Act or shall be during the time this Act shall continue in lorce, arrested, committed, or detained in custody by force of a wai'rant ot' connuitment of any two Justices of the Poaeo for any of the causcti in the preceding section mentioned, it shall and may be lawful for any person or persons to whom such warrant or warrants liave been or shall be directed to detain such, person or persons so arrested or committed, in his or their oustody in any place whatever within this Province, and sueb person or jjorsons to whom such warrant or warrants have been or shall be directed, shall be deemed and taken to bo to all intents and purposes iawl'uily authorized to detain in >,\\'c enstody. and to be tlu- lawful gaolers and kec|)ers of such persons so arrested, committed or dotaiLu-d, and such place or ])laee?. where such [)iMson or peisons so arrested, eommittod, or detained, are or shall be detained in eustody. shall be tleomed and taken to all intents and purjjoscs to be lawful j)risons and gaols for the detention and safe custody of such person and persons resiH'ctively ; and it shall and may be lawful to and tor Her Majesty's Kxecntive Council, by warrant signed by a clerk of the saiil Executive Council, to change tiu> person or persons by whom and the place in which such person or persons so arrested, committed, or detained, shall be detained in safe enstody. .'$. The Governor may, by proclamation, as and so often as bo may see fit, suspend the operations of this Act, or within the period aforesaid again declare the same to be in full force ami ell'eet. and, upon any such proclamtifion, tiiis Act shall be susjionded or of full force and efleet as the case may bo. 4. This Act nuiy ho altered, ameiulctl, or repealed during the present session of Parliament. ^^i| d foreign countries ostilc intent, and Inol, 2 in No. 4, Inclosure 2 in No. 4. (No. 3,201.) Cm.. II. An Act to protect the inlmbitnnts of Lower Canada against lawless aggressions from subjects of foreign countries at peace with Her Majesty. [Assented to Sth .Tunc, 1 8G().] FOR tlic protection of tiie inhabitants of T,ower Canada against lawless aggressions from siibjpcts of foreign countries at peace with Jlcr Majesty: licr Majesty, by and with tlic advice and consent of tlic Legislative Council iuul Assembly of Canada, enacts as folhiws : — 1. Incase any person, being a citizen or subject of any foreign state or country at peace with Her Majesty, be or continues iu arms against Her AFajesty within Lower Canada, or conunits any act of liostility therein, or enters Lower Canada witli design or intent to levy war against Her Majesty, or to connnit any felony tiicrein, for whicii any person would, by the laws of Lower Canada, be liabl(> to suifer death, then the (iovernor may order the assombling of a Militia Ceneral Court Ahu'tial tor the trial of such j)erson, agreeably to tlie Militia laws ; and upou beiug tbund guilty by such court-nuu'tial of oti'ending against tliis Act, such person shall be sentenced by such court-martial to sutler death, or such other punishment as shall be awarded by the Court. '2. If any subject of Her Majesty, within Lower Canada, levies war against Her ATajesty, in com|)any with any of the subjects or citizens of any foreign state or country then at peace with Her Majesty, or enters Lower Canada in company with any such subjects or citizens with intent to levy war on Her Majesty, or to coiumit any such act of felony as aforesaid, or if with the design or intent to aid and assist, he joins himself to any person or persons whatsoever, whether sub.ects or aliens, who hav(^ entered Lower Canada with design or intent to levy war on 1 ler Majesty, or to couunlt any such felony within the same, then such subject of Her Majesty may be tried and punished by a Militia court- nuirtial in like manner as any citizen or subject of a foreign state or country at j)eace with IL'r Majesty, is liable under this Act to lie tried and punislied. 3. Eveiy citizen or subject of any foreign state or country who ofiends against the ]n'ovisions oi' this Act, is guilty of felony, and may, notwitlistandiug the provisions hereinbefore contained, be i)rosecutcd and tried before "'{'be Court of Queen's Bench'" iu the exercise of its criminal jurisdiction in and for any district in Lower (.'anada, in the same manner as if the oft'ence had been connnitted in such district, and upon conviction shall suffer death as a felon. No. 5. No. .5. Copy of a DLSPATCIT from Governor-General the Right ifon. N'iseount Moxck to the Hight Hon. Huwakd C.Mtnwr.Li,. M.l*. (No. 52.) Government House, OttaAva, .Tunc 13, 1800. >^II!. (K(coivo(i.1iim' -'7, 1S6C.) I HAVE to transmit herewith, for your infonnation. a copy of a despatch which I addressed to Her ^lajesty's ^Minister at Washington, iu referenci' to the ])roclamation of the President of the (Jnitcd States relative to the Fenian organization. [ have, &c. The Right Hon, Edward Cardwell. M.P.. &c. &c. &e. (Signed) MONCK, Sir, I HAA President o of the Feni: I have Attorney-C country for seizure of a As the tended to il nuich ohligi acknowledgi to this nuitt( His ExcellcT .Sec Copy of a I (No. r.3.) SiK, [ HAY General com in the uuirg Fort Erie. C.i I think from telegra] 4th, and Sth Frtnn all comprehensiv as the Swecn This pla one which a- Richelieu and and Cornwall For the the United S and at Pots St. Albans at assemblage. Large si forwarded 1)\ authorities o national law I never reache( It is not arrived at th( It has 1 vening count time circulate Frmn ll * Liontoii.'ui Colonel Hooker, Statement of Ni Montreal, .Iiino 1 Lieutenant-Gene [82] iixgrcssions from ^Icss aggressions \Ia)csty, by and r Canada, enacts .to 01' country at n Lower Canada, sign or intent to liich any person e Governor may of such person, court-martial of ■martial to suffer Inclosure in No. 5. Inclosure in No. 5. Viscount MoNCK to Sir F. Bruce. Sir, Government House, Ottawa, Juno 11, 1860. I HAVE learnt from tlie public press the terms of the proclamation which the President of the United States of America has promul<>ated against the hostile designs of the Fenians on the Province the government of which I have the honour to administer. [ have also, by the same means, been made accpiainted with the orders issued by the Attorney-Cieuoral of (lie United States and other otliccrs of the Administration of that country for the apprehension of the persons of lumian cons])irators and the stoppage and seizure of arms and other supplies intended to be u>ied by them against Canada. As these proceedings of the Government of the United States have materially tended to ilefeat the hostile purposes of tlie Fenians against this Province, 1 shall feel nnich obliged if you will convey to the Secretary of State for the United States my acknowledgments of the course which has been adopted by tliat Government in reference to this matter. I have, &c. His Excellencv the Hon. Sir F. Bruce, G.C.li., (Signed) MOXCK. &c. &c. &c. la li war against Her state or country my such subjects li act of felony as to any [)erson or ■er Canada with felony witiiin the ' a Alilitia court- ry at peace with ends against the the provisions icen's Bench '' in Canada, in the upon conviction . ^I(^N(K to the une 13, ISr.O. c.) .'spatch wliich I iroclamation of e, &c. MONCK. xso. 6. Copy of a DESPATCH from Governor-CJeneral the Pight Hon. Viscount Monck to the Ivight Hon. Edwakd Cardwkli,, M.P. Government House, Ottawa, June 14, 1806. (No. o3.) (Itweived Juiiu ;27, 18GG.) SlI!, (Answoreil, No. 71, .luno 30, 18G6, paco 78.) 1 HAVE the honour to transmit for your information the reports* to the Lieutenant- General connnanding Her Majesty's Forces of the several officers whose names are noted in tile margin rehiting- to the jtroceedings connected with the late Fenian invasion at Fort Erie. Canada West. L think tiiese documents substantially corroborate the accounts which I gave you, from telegra])iii(' and other information, in my despatches Nos. 43, 45, and 47 of the 1st, 4th, and Stli instant. From all the informatiim I have received, I am now satisfied that a very large and comprehensive plan of attack had been arranged by the party which is popularly known as the Sweency-Kolierfs section of the Fenian IJrotherhood. Tliis plan of invasion, in addition to the attempt on the Niagara frontier — the only one which actually occurred— appears to have emiiraced attacks on the line of the Richelieu and Lake Cliamplain, and also on the frontier in the neighbourhood of Prescott and Cornwall, where I have reason to think the principal demonstration was intended. For the latter object, large bodir of men sent by railroad from almost all parts of the United States were assemljlcd at a place called Malone, in the State of New York, and at Potsdam, also in the State of New York; and, with a view to the former, St. Albans and its neighbourhood, in the State of Vermont, was selected as the place of assemblage. liarge supplies of arms, accoutrements, and ammunition were also attempted to be forwarded by railroad to these jioints ; liut, owing to the active intervention of the authorities of the United States, as soon as it became apparent that a breach of inter- national law had been committed bv these persons, a very large portion of these supplies never reached their desMnation. It is not easy to anive at a trustworthy estimate of the number of men who actually arrived at their diflTorent points of rendezvous. It has been reported at times that there were at I'otsdam, Malone, and the inter- vening country as many as 10,000 men, and similar rumours have been from time to time circulated of tlie force at St. Albans and its neighbourhood. From the best opinion 1 can form, however, I should be inclined to think that the * I.ipMti'ii.inl-denoi'nl Sir, I. Miohol to the Set rotary of State, .Iiim> 8; Colonel Peacocko, June 4 ; Lieutenant- Colonel lioiiker, .Inne 'J, 18(iG. Lieutenant-(ieneral Sir J. Michel to the Secretary of Slate, June 8, 1866; Statement of Naviil Foree ; Return of Troops. Lieuteiiant-Cieneral Sir J. Michel to the Secretary of State, Montreal, .Tune 11 ; I.ieutenant-Colonel Dennis, June 4 ; Captain Akers, June 7; Colonel Lowry, June 4, 1800. Lieutenant-Gencral Sir J. Michel to the Se-Tctarv of State, Montreal, .Tune 11, ISGC. [82.-| C No. 6. Pag-'s 1 and 3. :vf number of Fenians in the vicinity of St. Albans never excoedod 2.000 men, and that 3,000 would be a fair allowance for those assembled at Potsdam. Malono, and the surrounding country. The men have been represented to me as Imvinn'. many of lliom, served in the late civil war in the United Htates, to have had a ciniNidevabk' amount of >mall anus of a good and eliicient description. I liave not ln'ard of tlieir ixisst-^sing any artillery, and I am infornied that they were dei'icieTit in tlie sujjply of aniiiuuiition. and totally destitute of all the other e(iiiipments of an organized force. They appear to have relied very much on assistance from the inhabitants of the province, as the force which invaded Fort Erie brought with them, as 1 an) told, a large quantity of spare arms to put into the hands of the sympathizers whom they expectiHl to join them. I have in my former despatches noticed tiie measures which were adopted by the Provincial Government, in order to place at the disposal of the l>ieutenant-( General commanding Her Majesty's forces the provincial resources available for di-fence both by land and water. The Reports of the officers of the army and volunteers, which I transmit, will acquaint you with the manner in which these means were used by the othcers in conunaml. I am hap])y to be able to bear my tribute to the energy and good failh exhibited by the American CTOvernment and its ulljeials in ciiecking all infraction of international obligations on the part of any portion ot its citizens from the moment that it became evident that an invasion of the Province by the Fenians had aciually taUen place. The determination of the Government of the United States to stop the transportation of men and supplies to the places of assembly rendered e\en tem))orary success on the ))art of the Fenians impossible, while the large forces which the Lieutenant-General connnanding was able to concentrate on each of the points threatened, had the elfect of deterring from an attack the portion n\' the cons])irators who had already arrived at their places of rendezvous. is'o invasion in force occurred, except at Fort I'.rie, a slight incursion took ])lace at a place called at St. Armand, about thirteen miles from St. John's, on the borders of the County of ^lissisquoi, which ended in the cai)ture of about sixteen prisoners without any loss on our side. The latest accounts I have received announced that the men who had congregated at the ditferent points of assembly were being tran>niitted to their homes at the expense of the Government of the United States, most of the leaders having been arrested and held to bail to answer for their conduct. Although I deplore the loss which the Volunteer I'orce engaged on the 2nd June, at Limestone Kidge, has sutfered amounted to six killed and thirty-one wounded, 1 think it is a matter for congratulation that a movement which might have been so formidable has collapsed with so small an amount of loss, either of life or ))roperty. I think it is also a source of satisfaction that such .itrong })root's have been atforded of the spirit which animates the Canadian peo])le, of their loyalty to the 'i'iu'one, of their appreciation of the free institutions under which they li\e, and of their readiness at all times to prove their sense of the value of those institutions by incurring expense and personal risk in the defence of them. The period of the year at which the ])eopIe ha^ been called on to make these sacri- fices of time by serving in the Volunteer ranks has been the most i.iconvenient that could be selected, yet I h.ave never heard a nnirmur from any quarter at the necessity for suspending industrial occupation involving tlie risk of losing a whole year's production, while I have received information of a good deal of discontent on the part of those who were anxious to give their services, but whose presciu'e in the ranks was not considered necessary. I have to express my very high sense of the services performed liy Lieutenant- General Sir J. Michel and the otiicers under his connnand in the able disposition of the troops both regular and volunteers. The oilicers of the Uoyal Na\y stationed at Quebec and Montreal deserve the highest credit for the rapidity with which they cxteuq)orized gun-boauS for the defence of the St. liawi'cnce and the iiakes. I have already spoken of the admirable spirit displayed by the Volunteer force, both officers and men. I have every reason to believe that tlieir conduct as regards discipline and order has entitled them to as much connnendation as does their spirit of patriotism and self-reliance. 1 desire particularly to bring before your notice the ability and energy exuibited by Colonel Macdougall, Adjutant-General of Militia, with a view to having his services specially mentioned to His Royal Highness the Commander-in-Chief. I This a organizatio any given time the on lions. While effect. I tlii feeling of I ]iulilic sei'v ii rec(H(l. There official relni I conlii majority of benelicial I'l at invasion portion of I The Eiii-ht 1 "Scc. Lieu My Lord, 1 HAV from the Ut It ajipc force, as pei hearing a l'\ nn)rning of under Coloi removed to ] early as the between the it uill be see night, three force. The con and althoii;; be seen by tl from other ( ; and forced t( The en Colonel Dem morning of t Colonel (dhccr has nc Colonel 47th Kegime two miles am place. The gre river, 'I'hey arrest. Colonel Althoug satisfactory I the change o en, ami that jiu', ami the ■d ill llip Into 11 anus of a •(ilk'rv. niid I ally (iestituto )i(,i'i(s of the told, a laff^e y cxpoctod to otitod Ity the ■iiant-( Joneral ■(.■nee both bj' , will ac(iuaint iiaud. exhibited bv inteinational at it became 11 place. The tatioii of men 11 the part of I commanding of deterring lu'ir places of ook place at a orders of tlie s without any ongregated at lu' expense of !stcd and held iud June, at ed, I think it so forniidaljle been adorded rone, of their idiness at all expense and these sacri- Mit tliat could necessity for i production. of those who ot considered f Lieutenant- sition of the H.'d at Quebec extemporized er force, botii irds discipline of ])atriotism exiiibited by his services , i Tliis odiccr has not yet been one year in Canada, yet so admirable is the system of organization which he has established, that he is able within a few hours to assemble on any given point over ii line of more than l,0(iO miles, masses of Volunteers, who at the time the order was gi\cii were scattered over the country pursuing their ordinary avoca- tions. While I altr!iait(> full credit to ti,e excellent spirit of the people for its share in this effect. I think the adniiiii>tralivc al>ility which has given jiractical operation to the good i'ecliiig (if tlic imiiiilaliiin ought to have its meed of jjiaise, and in the interests of the jmblie servici' on some pi)»ibli' fiitiire emergency ought not to be left without official record. Tliere jiie prisoners in our hands to tlie mnnber of about l.">0. I have not yet received otlicial iH'tin'ii^ of llieiii, \vho-~e trial will lie proceeded with at iiii early day. 1 coniidenlly expect within a leu days lo lie able to dismiss to their homes the great inajoritv of the Vollmteer^. ami my llrni conviction is, that this disturbance will produce beneticia! eti'ecis by di^creditiii^- I'cniun enterprises, exhibiting the futility of any attempt at invasion ol' the Province, and >ltouing the absence ot all disalfeetion amongst any portion of tlie jieoiiK' of Canada. I have, &c. The Rigiit Hon. Edward Carchvell. jM.l'.. (Signed) MONCK. &c. Kc. &c. Indosure 1 in No. 0. Lieuteiiant-General Sir .). Miciiia. to the 8i;ckktaky of St^nte for War. My Loiii), Head-Quarters, Montreal, June 8, 181)0. 1 HAVE the honour to I'orward i'ejiorU, as ])er margin,* referring to operations from the 1st to the Itb of June, on the Niagara frontier. It ajipears by those Reports that C'olonel Peacocke, of the IGth Ikegiment, with a f(n-ce, as per niar^in.f arrived at Ciiiiipawa on the evening of the 1st of June, and that hearing a I'cnian force was encamped at lilack Creek, he emleavoured to arrange for the morning of the L'nd a combined inoveinent with tlu' Volunteer force, as per margin, J under Colonel Booker, at I'orl Colliorne. During the night, however, the Fenians renioNcd to Uidgeway, anil circumstances did not ])ermit C(doiiel Peacocke to move so early as the Iiour ])roi)osed. 1 may here incidtulally stale that some discrepancies exist betwet'ii the reports of Colonels Peacocki' and Hooker as to the time named ^^' junction, it will be seen by the slight ski'tcii siilijoined that the Fenians had moved during the nigtit, three miles nearer Port Colborne, and three miles further from Colonel Peacocke's force. The conse(|uence of this was tliat the Volunteers came on the enemy unexpectedly ; and although tiiey attacked him with much gallantry, and suffered .severely, as may be seen by the subjoined list of killed and wounded, were, from want of support, and from other tau-es connected with their state (as new to warfare), worsted by the enemy and forced to retire to I'ort Colborne. but without much molestation. The enemy then turned their attention to a small party of Volunteers under Colonel Dennis, who had >ei/ed Fort Erie, to which place they had, in a steam-tug, on the morning of the 'Jnd ])roceeded. Colonel Dennis' party, I believe, took some forty prisoners, but the report from that olliccr has not yet ri'ached me. Colonel Peacocke's column having been reinforced by Lieutenant-Colonel A'illier's 47th Regiment with a force as ])er niargin,§ arrived on the evening of the 2iid within two mih's and a half of Fort ICrie, and on the morning of the 15rd proceeded to thiit place. The great body, however, of the enemy on the night of the 'Jnd had recrossed the river. They were immediately seized by the United States' authorities, and placed in arrest. Colonel Peacocke in his march picked up a considerable number of prisoners. Although the result of these o])erafi(ms, in a military point of view, were not so satisfactory to me as I could have wished, still I feel that from the total want o*^' cavalry the change of the po>ition of the enemy during the night of the 1st coidd not have been * Coluiii'l I'ciuncki'V, .liiiii' 4 ; I.ioiitoniiiit-Coloiicl liookfi's ; List of Killoil and Wounded. I 400 iicfriilars, (i fruns. ;[ S40 Voluutcers. ^ i 50 Itcgulars, 750 Volunteers ; total, S'OO Infantry. C 2 / y Incl. 1 in No. 6. i i'ii 10 liid. 2 in No. 6. discovered, nor Colonel Peacoeko's chanate of luiur for opi'ration-i to coinintMU'e have hi'cn made known to Colonel Boolior, and thor.'fore tiiat tlio partial lailiire must hj attril)utod to one of those niisehanees in warfare, wliii'li il i-; ililli -ait to iirovidc a:;'iiiist, ami only possible when all the applianees of war are witlijn (,ur i;Tasp. 1 iiave, iVc. (Signed) d. MlCIlKli, Ijieutenant-CJeneral. Commandin';,' the Forces in liritish Nortii America. The Right Hon. the Secretary of State for War, War Oliice, liondon. Inclosuro i' in No. (J. Colonel Pka'^ocke to Major-Ucneral N.M'Iek Fori J'^rie, .hine t, iMCiti. the field Siii. 1 llAVK the hononr to make tlic following report of v.\y operations in since the 1st instant : — ■ In compliance with a •ele;;rani received from yon, I joineil at L' o'clock, al Hamilton, with 2(10 men of my own l)attalio!i ; the force proceeding from Toronto to S;. t'atiierine's consisting of one batiery of Koyal Artillery, under the command of Lientcnant-Coloncl Hoste, C.B., and L'OO men, ITth Jiegiment, under the command of Major Lodder. Vou had also jjjaced under my command for the defence of the frontier seven companies of Volunteer force staticmed at St. Catherine's, umler the command of Lieutenant-Colonel Currie, the Queen's Own IJegiment of Volunteers at Port Colhorne and th( Kith battalion of Volunteer Militia, commanded by Lieutenant-Colonel iJookcr at Dunnville, and you had informed me that I should l)e reinforced at St. Catherine; s that evening by 800 men. Your instructions were tiiat I was to make St. Catherine s my base, to act according to my own discretion as to advancing on Clifton or elsewhere, and to attack tiie enemy as soon as 1 could do so with a force sullicicit to ensure success. On arriving at St. Catherine's, I receivec" telegrams to tlie eff'-ct that the Perdans, about SCO strong, were uuirching on the suspL'i'.ion biidge, and were actually two or three niiies from Chijjpev.a. I pushed on innnediately to the bridge, leaving orders for all troo))s arriving at St. Catherine's to follow me as soon as jxissible. On reaching the jjridge 1 heard tlie enemy liad not yet reached Ch'ppewa ; and being anxious to save the bridge over the creek, 1 })ressed on with the four hundred Infantry in the train, preceded ])y a pilot-engine, the battery marching by road in conseiiuence of the rei^orted want of platform acconnnodatiun at the Chippewa station. It was dark when we arrived at Chippewa. W'c bivouaced there thai night. I here received innnerous reports from scouts sent mit by Mr. Ivirkpatrick, the reeve. They agreed generally in the statement that the Fenians had entrenched themselves roughly a little ijelow Fort Erie, at FreuLdiman's Creek, and iuul sent on a party towards Chippawa. Their strength was variously estimated from bUO to 1,.jOO. 1 resolved on eli'ecting a junction with the force at Port Colboriie, to which place I had already ordered the battalion from Dunnville. With this object in view. 1 selected Stcvensviilc as the point of junction, and having explained to Cajjtain Akers, I'oyal iMigineers, who accompanied thi; force from Toronto, what my (djject was, and that this point was chosen because, judging from the informa- tion received, we could not be anticipated at it till the evening. i dispatched that oHicer at 1:.' o'clock to communicate with the oilieer commanding at Port Colborne, to make liini conversant with my views, and to order Jiiin to meet me at Stevensville between 10 and 11 o'clock next morning, informing him that 1 should .start at G o'clock. I continued to send out scouts during the nighi. and to receive reports which made mc believe that my information was correct, aud that the enemy had not left tludr cam]). At about 2 o'clock i received a telegram from Colonel IJooker, despatched liefore he was joined by Captain Akers, inl'orming me that he had t^iven order to attack the enemy at Fort Erie. At about half-past '■], I received another one from Captain Akers, despatched after he had reached Port Colborne, saying tiiat the enemy k at French Creek, and proposing that Lieutenant-Colonel Booker's force shouLl advance on Fort Erie, and join us at Frenchman's Creek. At about half-past 4 o'clock 1 was joined by the seven companies of Volunteer force 5 from SI. ( (he oxpec consisted The them, had they were I saw and I tek" We II under Ca| Tile . necessary, few lines that he hi at a place that he New (Jerir A( a I Fort F.rii follow thei At tl the arrival strong, uni We m sleeping oi Durin Fenians o.i been reinfi I also had arrived Creek, also The V the niglit Anxioi at those thr able to co-o Subseq I determine AVe we came into c This ii Denison to informed lb We at Major Deni people assui right on lia On enl Durin;. ('iitlu'rim.'"s tcuiint-Coloncl iOiIdor. frontier seven coniiiKuul of Poll Colljorne 'olunel IJookcr St. Ciillierinos I act jiceoiclinj^' cU tlio enemy , the Fenians, L'tually two or iiiH' orders for ppewa : and ur hundred hy road in )ewa station. to 'I iok, the reeve. >d thoniscives party towards 'i rthieli phiee I *| 1, and liaving- roni 'I'oronto, the inlbrnia- ;'omnianding jj to meet me I slionkl start i ^vhi(dl made it thi'ir cami). lied hel'ore he •k tlie enemy latehed after ,nd proposing d join us at jluntecr force u from St. Catherine's, formed into a hn+'.ailon 350 strong-, under Colonel Curric, and by the expected reinforcement under Ijieutenant-Colonel Villiers, 47th T^egimcnt, which consisted of luO men, ITlh, and (d" tlie 10th Royals. 415 strong, under Major Boxall. The Nuhnitcers. being un|)rovided with means of carrying provisions and of cooking them, had not been able to comply wilii an order I had sent the previous evening, that they were to bring provisions in their haversacks. I saw that the alisolnte necessity of furnishing them with some would cause a delay, and 1 telegraidied to I'ort Colborne that I should be one hour later in starting. We marched at 7 o'clock, leaving the garrison Volunteer battery from St. Catherine's under Captain Stoker, to hoi ' Chi|)pawa. 'I'he day was oj jressiveiy hot, and our guides took us by a road much longer than necessary. When about three miles from Stcvensville, at about 11 o'clock, I received a few lines from Lieutenant-Colonel Hooker, written at half-past 7 o'clock, to the effect that he bad just received my teleiiram. but that he was attacked in force by the enemy at a place three miles south of Stevensville ; at the same time 1 received information thac he had retired on iJidgway. I encamped a mile further on at a place called New Germany, across a road leading due south to Istcvensville. At about 4 o'clock, having gathered inforniati(m that the enemy was falling back on Fort Frie. 1 left everything be.'.iud which would en.'umber the men and started to follow them. At the moment of starting we received an important accession to our strength by the arrival of the Cavalry JJody Guard of his Excellency the Governor-General, fifty-tive strong, under ^bijor Denison. We marcbeil until dark, and baited two miles and a half from Fort Eric, the men sleeping on their arms and due precaution being observed. During the night 1 sent out sc(nits to collect information. It appeared that the Fenians on retiring lian from officers of all ranks, the conduct of the men was excellent, a great number of ])rivate individuals rendered me services various ways, and the inhabitants generally displayed a ;^ood and loyal feeling. Mr. Swinyant, .Manager of the (ireat W^estern Raib-oad, gave me the benefit of his services in person, he ])1aced at my dis])osal the resources of the railway, and the officials on the lin ■ exerted themseb.es to render these available. I have the honour to enclose a report of Lieutenant-Colonel Booker of bis operation on the -'nd instant. (Signed) GEORGE PEACOCKE, Colonel and Lieutenant-Colonel, 1st Battalion 16th Regiment. Major-General G. Napier, C.B., Commanding 1st ]\lilitary District, Toronto, Canada, West. ■{ — c- L 4 12 Inclo. 3 in No. 6. Inclosure 3 in No. <>. Kepout of Ijieiitenunt-Colonel BooKi;n, SiB, Port Colborno. .Imii' -', 1800. I TTAVE the honour to roport that, in nccordnnce \vitli instructions rowived tVon' Colonel Poacocke, lluonjih Caplain Akors, 1 procoodt'd l»y train at ;') \.M. to-tlav, to Ridfjeway station, on tla- Jl. and L. W. railroad witli the Queen's Own, of Toronto, Major Cihiior, say 4'*l) men, of all ranks; tlie York Uilles, Captain Denis; the Caledonian Hitles, Captain -laekson, and the iJUli l)atl.\lion, of TIaniilton, t(ii,etiicr about ;'00 men, t"'...! of all ranks, say ^4n men, in order to form a Junction with (' ilouel Peacocke, at Stevensvillc at !' lo !).;>0 a.m. 1 On arrivini;- at l!i(li;e«ay 1 sent tlie Great Western train away, and as I could not (d)tain a horse or wa^i'iion in the place for the conveyance of stores, I was coinpelleil to leave without tlie stores, and sent ihe.n hack to Port Colborne. At a little Itet'ore 8 a.m. wc were feelini'- our way iii'on the Stevens- ville road, and were ahout thrte miles from tiiat villajie, when a.m. the horn" named by Captain Akers, on his behalf. 'i"he enemy was strongly posted in the woods, on the west of the garrison road, the road fornnng .an entrance as it were, to a cul'de-sac. We outflanked him, when he brought up liis centre reserves, and (uitfianked us, we drove them in the first place, over a mile, and held possession of their rifle iiits. A cry of cavalry from the front, and retreat of a lutmlier of men in our centre on the reserves, caused me to form a sijuare, and prepare lor cavalry. This mistake originated from relieved skirmishers douijling back. 1 innnediately reformed colunm and endeavoured to deploy to the right ; a panic here sei/ied our men, and 1 c ild not bring them again to the front; I regret to say we have lost several valuable o.i.^ers and men, I estimate the strength of the enemy as greater than ours, and Lorn the rapid firing they were evidently armed with repeating rifles. ' I have, &c. (Signed) A. 1500KE]?, liieutcnant-Colo.iel, Commanding Volunteer Militia. P.S. — Wc are destitute of provisions licre. A. B. If I liad only one gun of artillery I feel sure the result Avould have been different. A. a. List of Killed and Wounded in the Engagement at Kidgeway, on the lin.i June, 1800. 13th Infantry Battalion. Killed. — None. Wounded. — Lieutenant Routh, dangerously ; privates. Queen's Own llifies Killed. — Ensign McEachun ; o privates. Wounded. — Captain Boustcad, Lieutenant Berau, Lieutenant Campbell, Endign Fahay, 1 Colour Sergeant, 3 Sergeants, 2 Corporals, 1 o Privates. Missing. — 1 Private. (Signed) G. NAPIER, akjor-Oeneral. Tlie vcturri T received from the Queen's Own, docs not, as you will perceive, state the nature of the wounds, 1 will send for another properly filled in to-umrrow. (Signed) G. NAPIER, Major-Gencral. Toronto, June G, 18G0, 10-30 A.y.. I Liei Mv Lniii). I HA\ placed on and extraoii Tiiis th of the St. li; Also a The !'r Very great c The I'l vigour, and The Rioht 1 Tho«e h Those 11 " Pvhuics," A ■ .\t Ton armaments, ship " Auron The '• I? now at Wind Tlic '• ^\ The " V\ a 2l-ponndei and a Volunt Vice-Ad this morning, Helms I June 8, 18 t- •-'. 1 SOI'., ms rc'cpived \..M. t()-(la.v, \'h Own, of itaiii Doiiis; on, toi,otlicr Avilli I' iloiiel n{ till- (iivat dare for tlie t ilie.u buck tlie Stovons- (1 jiitnrd li'lt ill adm .abiC 1 a.s ro([uii-.cl onia. .ifter ainniunition and a half, inunodiately s nionient, I Id, niforniing" ,'ad ol' a A.M. posted in Ihe it wore, to a id outtlanked loir rifle jjits. iir centre on This mistake 1 column and •Id not bring ers and men, id tiring they ■Colo.iel, cr Militia. A. R. len dilierent. A. K .fiine, 18GG. fnclosiiro 4 in No. H. Licutenant-Gcnernl Sir J. Micirr.L to the Skchf.tahy of State fou Wau. Mv Lfiui), llead-QiiartorH, Montreal, June 8, 18G0. I II.Wl'] the hononr to fonvnrd n statement of the naval force which has been placed on 'lie St. liawri'iice and Lakes within the last week, chielly owing to the valuable and extraordinarv exertions of Captain Hood of Ifer Majesty's ship " I'yladcs." This flotilla is more valuable than any number of troops, and (juite places the line of the St. Lawrence in our hands. Also a return showing the number and position of our troops. The I'roclamafion just issued by the I'residenl of the United States has had already Very great eU'eet. The I'nited States (iovernmenl and Military authorities, are acting with good faith, vigour, and i»romptltuili . I have, &c. (Signed) J. .MICHEL, Lieutenant-Gencral, {'onimanding the Forces in British ^orth America. The Bight Hon. the Secrctn-. of (State for War, War Omco. Inolo. 4 in No. 6. Inclosure 5 in No. ti. M E.MORANDUM of Navul Arrangements. The«e have been made under authority of his Excellency the Governor-General. Those at .Montreal lia^ e been carried out under Captain Hood, of Her Majesty's ship " Pyladcs," who has sujjplied the aceompauying tabular statement. At Toronto tiie steamers '-Magnet" and •'Rescue," have been taken up; crews, armaments, ami stores for them reached Toronfii on otli proximo, from Her Majesty's ship "Aurora," Captain de Horsey, which is at t^nebcc. The ''IJescuc," Lieutenant I.eron Maxwell, H.X., has passed into Lake Erie and in now at Windsor. C.W. The '-^Magnet,'' Lieutenant Fairlie, U.S., is at Toronto, C.W. The " Watertown,'' a ferry boat, has been taken u\) at Kingston and armed with a 21-pounder brass lu-witzer, and !t-pounder brass gun j she is manned by Royal Artillery and a Volunleer Naval Company. Vice-Admiral Sir J. Hope was to arrive in Her Majesty's ship "Duncan" at Quebec this morning, with the 17th Regiment on board from Halifax. H'.! has been telegraphed. By command, (Signed) AVM. EARLB, Lieutenant-Colonel, June 8, 1800. Military Secretary. (Signed for the Lieutenant-General, who has gone to St. Jolm'Si) In do. 5 ill No. 6. bell, Eniign General. ivo, state the r-Ceneral. o c 1 C/2 o c s -3 o .s o '/I o a '^ o CI a cS o o PS It 11j B '^> o -i::^ £ B ■E" J5 o 2.3 § ei s ta * « u5 E -^ -« s a " ll ^ s S 2 t: a u 2 S-T i: re '!< f2" =i § a d -ST) . a •« a o tZ 04 1. i •c n :/; 7J -mff »^. 5 — - ^1) ^ n > 1 tii a -J 7. -=.5 i: -= .7 -O 61) .i £« <:^uj -J- — — — rt n o tfl 3 O 0. a <*. .^ ^ ta 'in ■r ■SI ^1.-= ^ >£ 01 t£ c .; ^ -3 ^ - - n ti. ? " i~5 i, ■J. J2 5 51 1^ a o 3 — S U ^ 3 i; J '7 -3 bL i _i i; ei; i _3 '7 TJ tt 33 '^•2 3-"3i^ = -3 ''i^ 3 o yj "t >*. w i :^ »'. i™ j; X < >'. W ;^,J a-:^ f >~-r si's rt rt -.i — ;^.3 tf S o 3-^ g i "5 ° o 5 '5 < 3 O I- 2 :, 5 "^ '^ o 5 .. '••' I. i 3 tIJ o a- cj g.o'S •paadg .1" yja to to o to -jaMod-osjo]-] •uiBsg •qi^uaT c 1/5 o U3 1 9 « 1 1 t , 1 t « t ^ ^ .2 c)^ a" d c o "o i ;m ¥ tS •? a ^ p ^ 8 i -5" 2 To ■■ ll c» := 9! S ^ s ^- s ■p S ■= § c m 3 u bo •= fco 1« -S B a s c to 00 t « U M.ijor C.n .T.I - (.'oliiiit 1 l.< IM\ . Culnlh 1 II »l < . Mlljul (In I'l'.ll II CulDllt 1 liiblOM, ll l.tt'iih- i;0 l Siif, AVAIl. intbnnation 1 ('OIlIK'Clod \M SullSt'(|IKMltly i\I V iiidi strons, to l'( reinrori'oiiu'ii represent >(1, finding ni\at lip, at l\)rt baviiif;' reaeli out of uhieli said that th bridge crossi [82] 10 Tiiflnsuio 7 in No. tJ. Inclo. 7 ill No. d £ IlKTniN >.Iii>wiiiij l'ii>iiliiii mill NmiiliiT nf Troo]'». — c\. 4 a -: n ' Q - -1 o 1 S3 P -^i c r 3 a « ;: to -i 2 ,J, -^ 1 a a .a OJ c to u c« s •^ E 8 == ci" "7 i a > a a 3 o o to S J < 2 e s - CO i: a o " bo on •i 5; >-. t^ o o t^ •^ X e 5 = 3 r: Q --s rt -::; <— -» a ^ « c^^,^ Evei- and I One ^ c n a Miijnr (IrniTil Niijirr (.'oloiii 1 i.iiv\r>, Ktli Ui'k'iniritt CiiliHiil lli.wliy, imth Iti4iiiii'iii Miijoi-liiiiiriil till' Hull. J. I.iiiilany Ciil.iiiiUlililoii, l!ii>.il .\rlilln-y Niii^i^rii frimliiT l.niiiluii IriMitlir liiiiihiii ,, kiUK'tun .. PrrniMlt .. I ■J.li'llil 2.1)11) Hull ,'.>,iiiuili, \ oliiiiirt'i- ('ii|i|iiiii llrliiTilni. Uiitiil Ulillrry Cnliuii'l Kbili.gluii, II. Ill' Iti'iL'.uli' Ciiliiii. I l.iiril \. Uii-tll, Hull' lliiiiad Militi lliiiiiiii'.vliiii DJHtrict. lilt' mis iNiiix Ml. .Iiilin'ii Uiatrii't . .Ml iitmil ,. (I'll hi" .. lOo ii,.'i;o IH'J : 1,1 II 9U1I iin i.isii llliU i.iinii l.lii i.'i'j '.Mil UNO .■■rii I, Mini i.:i'jii l.nnn 1,111 2!l'.' 'J, I III) I, Mil lu Viilunlnr KUiia. No Ui'tiirii. ;i ViilimiriTCiiii'', li li'i-rn. IriMii Mil! 2 ViillllilriT uuliH, In r.i, iivuiliilile Vill,'. Voluntotr guii». ii'iii Volun» Wi'.t. .'ill Viilun- ut Uruck- 10 I 2 ; I Vnliintcir i^iiiu 'I hi' uil'iilii TH ;iri' ii!ilv ;i|iplo\itiiii(i'. Till' Jn.l ll.itl.iliiiii 1.1 ihr ;tli U<".:iiiii'iit liii' I'luii' III MiiiiiiT.il iri'iii IJin'li i'. llii' 'Jiiil ll.illiiliiMi III thi' Kill Iti'uiiiii'iil mil .11-1 ivi' 111 Uiii'hri' io.il:i\ ill III.' llaK !>liip. Till' \'oluiai'rr3' imiiihtTa iln mitiucluilf ( iiii'|iniiii i* '^iiiuiliiii; ili'tiirhnl imiiit-.. i-r h li ut llirir nntiM' |il.irp-. (Siyiii'il) J. MIClll'^lj, liioud'imnl-Gi'iu Till, Montreal, June 8, 18G(;. Comniaiulinn 'I'roops, Uritisli North America. lliclo^ure 8 in .No. ti. Jnclo, sin No, fl. liicutenaiil-Ciencriil Sir J. !Mit'iiEt. to llie .Mii.itauy SccKKT.Miv, Horse (Juards. SiK, I liMil-Quarlors, .Miindciil, .liiiu" II, Isi'iiJ, IN cniitiimation of iiiv ili'-|)i\tfli of (lie ■■''tli ,)uiie, vefiMTiiiu' to alfairs on tin- Niagara frontier, I liavi- now tlw IioiKinr to forward copii's of tiie reports of {..ienteiiant-CoIoncl Dennis, v, ho eonimantl;'il a party uliieli proceeded in a Inu' from I'ort Coliiorne on the moriiini;- nf the L'lid .liuie, and seized I'urt I'hie, and of Captain Akers, R.I'],, wiio aeconi|iani'd hini. 'i'iu' latter report will '/iw His IJoyal Highness sonic in' 'it into tlie want of ])reparedness of the Volnnteir levies hnrriedly called out. Ne.i llu'lcss, these levies Ix'hiived very well, and, with vv\-y short experience in the lield, wonh. make good troops, Tlicir heart is in their lni'~ine>s, and they deserve innch praise. I have, i*Nce. The MilHary Secntary, (Signed) J, MICHEL, Lieutenant General. Horse (Jnards. Inelosnre '.i in Ao. ti. Lieutenant-Coloi el Dkn.ms to CVdonel Lownv, luclo. !) in Nil. C. SlH, JM-ie, June -t, 1i5(](3. A^'AlLIN(i myself uf llie earliest moment. I have the honour to report for the iidbrnnition of Ids E.xeellency the Commander-in-Chief the following narrative of events connected with the late Fenian invasion at this place in which I was directly concerned suh.seipiei'.tly to my h'a\ iiig 'i'oronto on the morning of Friday last. .My orders were on that occasion to proceed with the 2nd, or Queen's Own, 400, strong, to Port ( 'olhorne : occupy and, if necessary, intrench a position there, and wait for reinforcements and further orders heforc an}' attack was made on the enemy, who, it was represend'd, nunihered some 1,.^()() men, and was advancinir on that jxiint. Although finding grv'at excitement at the dilferent stations along the Welland IJailroad on the way up, at I'ort Coliiorne, where 1 arrived ahout noon, things were quiet; no definite news having reached there, in consequence of the Fenians having cut the wires at Fort Erie, out of which place they had driven the officials at b A.M. that morning. Report, however, said that they had some two hours sidisequently sent a party up the track, and burnt a bridge crossing a small stream, known as Sarwine's Creek, six miles from Erie on the [82] D V I: I? ^1 .1: 800 polnlii A aii'l n on (lingrnni. Sec point C on a>p. See point E on sketch. Hi railMiiy to l'i>rl /ollioriic. >i(> news (if niiv t'uilli' r iippnuu'Ii Imvin-; liccn liroiiylil 111 hy any (il'tlic iiimu'rou'* sroiitis miiI out liv llio villii;; s iliiriii^ tin- rmciiDnii. I piiiciciliMl to l)illot llii- null, ill (inU-r to yrt llii'in diiiiifr; iiiitl tiu-ii, lu'lori' ilotcniiinint,' lo (•(timiu'ruT till- nin-tiiiction of iiin tli-rciici-i. I ili^patclnil int'sM'iincrs in'inss to lliu k s 'raviMii uiid >^ti'vt'ii^\ illc. lictwiM'ii Uric 1111(1 till' ituMi i>r W'cIIiiikI. Ill acciliiiii ami ii'|Mirt aiiv iiiovf- im-iit (if llu- riii'iny in that iliicclioii, \\iiitli I iIkhiuIiI ludlmltli', as Mitlicit'iit (iiiic liiul i>ia|)si'(l t) (iialilo iiiiii to ivacli I'ort (.'(illmnu'. Iiad that liccii his iiitcitidii ; aiitl having, tlii'iiiii''li the kiiidiu'ss (if .Mr. LannonI, the -, olitiiincd a hicoiiiolivc. I -.tailed (lo«ii tln" railway iijinii a ri'i'(iiiiiiiiss;iMcc. ^('Ilinn' (hum to wiihin si\ miles (if ICrie. the hiiniinu' of llie liridue iiiciitioiicd preveiilin^- any chiscr a|iproiic'li. 1 then learnt llutt the liriilne iiad lieeii ile^troyed hy a parly of sonu' seven men. who liad come up at almiit " a.m., who. in addition, stoh' a niiniher of horses from the fanners in tlio \ieiiiity. and then went hack towards the niaiii hody. which, from tesliniony I received, it appeared, iiad ;:(iik' (hjwn the liM'r alioiil a inile iielou the laiwer I'erry, and t'amped close to the Kiver Hoad, on one Newlii;rnin;f's Iwinii. 'I'heir iinnilier-i were variously e>timaic(l at from l."'(> to \.'J()i\ men. This testiimmy wa- corrolior.ilcd liy the statement of tlie mounted scouts from Mucks 'raverii and Steveii^\illc, who ritiirii''(l in the iNcniiiji'. and went ti --how tli.ii, with the exception of part ie.i out slealiiiL;' iiorse-. there had heen no Fenians seen in that direction, and was rendered certain hy the arrival ahoiit 10 cm. of Mr. (Iraham, the ollicer of Instoms at Fort Krie. who had lieen in their camp at ti o'clock that e\(iiiiii;'. Sliortly hefore tliis time, li(nvover. Colonel Ihioker. of Hamilton, had arrived wi'h tlio l.".th Itattalion of \'(diiiiteers. and, lieiiii;' senior ollicer, took command, and cuntiinied the cDinmunication hy teie^'raph which had lieen .ufoin!;' on hetween Colonel I'eacocke and inystdf, respoctinpf position and streniith of enemy, and host method of attaekiiii;- Iiim. Colmiel I'eacocke, then at Clifton, haviiij; at aliout ."i cm. telegraphed me that he had ordered the inter- national Kailuay steamer up to Port Colliorne tiir me to put upon her ;i i;un or detachment, in order to patrol the river from I'orl I'^rie to Chippawa — she not liavinj;' arrived at lO.-'JO I'M. — 1 ordered the " Uohit," a powerful tun-hoat, owned by Captain .MeColImn, down from Diiiiiiville. for the ])urpose. intendinu' to place upon her the A'elland liattery, without uuns (the nun armed with ivilield rifles), and received a reply tliai she would he down at "1 a.m. the followinjr niornini;'. This \\as the pojiilion of alliiirs when Ca])tain Akers, UK., arrivod from Chippawa, sent over liy Colonel I'eacocke, to consult and to explain Colonel I eacocke's views as to the Iiest iiioile of attack. After due consideration hetween ('ajitaiii .\kers, Colonel JJooker, and myself, a certain course was decided, arranuinu for an attack in concert on that morning, and Colonel I'eacocke was telei,n-aplied .iccordinnly. In accordance with this plan. Cajitain .\kers and myself embarked on the tug* (which did not arri\e. however, till about 1 a.m., having been delayed in consc(pience of Cajitain .McCollum wishing to bring with him his naval company tVum Diinnville), and proceeded down to reconnoitre the river and Fenian camp, arian^ing to meet the Port Colborne force back at the railway dep(")t, three miles above the enemy's camp, at 7, or, at the latest, half-past 7. 'hi our way jiast the village of Fort Frie, we were brought to liy the armed jialnd tug-boat from the I'nited Stales' steamer '• .Micbigan," who, on finding out who we were, informed us that the l''eiiian camji on Mewhiggiiig's I'^arm had been itroken upnt 3 a.m. that nu)rning-, the enemy having marched down the Kiver Hoad. AVe jiroceeded down the river to the month of the iJlack Creik. eight miles abovo Chippawa, where we learnt that they !iad turned olf the river to the west, a short distance above, and were there, at a point two miles directly in rear of a place called New Germany. A messenger was at once sent oil' to Colonel i'eacocke, presumed then, under previously, concocted arrangements, to be near there moving u\) ; and we returned with the tug, in accordance with that arrangement, to meet Colonel Booker and the Port Colborne force at the Lipjier Uailroad Depot at Fort Erie. On our arrival there we could see or hear nothing of them. This was accounted for subscf[uently by the fact that Colonel Hooker Iiad received, after wc left, an order from Colonel Peacocke directing him to turn ot!" the railroad at iJidgway, some eight miles above Fort i'^rie. and cross the country in order to meet and attack in concert. This being the case— presuming a combined attack would be made in the course of the day, of the result of which we could have no doubt, I considered, as 1 could not then join my proper force, that imporiant service coulil be rendered by patrolling the river to intercept and capture fugitives, ami to prevent by every possible means the escape across the river of any large body of the enemy. * Our object in this was to ascertain definitely the position of the enemy's camp as preliminary to thi attack. ri'if«*r^' iroiinlit III ])y prucrcdcil to III cmiiMiciicc •^ TllMllI iliul 111 iiiiv iiiovc- ciil liini- liiul ; mill liiiMiig, ', olilaiiit'il li I lu uilliiii HJv scr n|i|)riiacli. iiirii. \\liii had III' tariniT-i in tostiinony I ,.,. IViiy. niul 'his li'>iiiiii»ny s Tavnii and a exception of lion, and wuh it' ( iisldins at My lii't'iin' lliis ISatlaliiin of Dininuiiicalion I'll', ri'spt'cliiifr ini'l I'cnroi'lii', rvd tlic Intcr- ir (letarhmont, ni;' anivi'd at in MiCiiilnm, Hand Imtlcry, shi' wonhl be when Cajitain on.snll and to lud niyselt', a and on the tug* onscijnence of uniiviiie), and leet the Port fini]). at 7, or, le liioiiyht to an," who, on s I'arni had Uiver IJoad, t niiles ahovc hort distance \v\\ Germany. or ])revii)usljr- th the tug, in 'ol borne force accounted for n order from e eight miles rt. tbe course of mid not then g tlie river to escape acrogs 'climinary to tht I This patrollin<>' arresting' Erit", soiiii soiiio of tl in wliit'li t as 1 liiul r from rin'i Colonel I! Cone capture of get wliiit instrnetiui ineludiiii;' sixty or si as those i (luiviiii;' in (Jaol) liiicl wlieii tlie ; firs! nu'>-(' were «itlii from till' ]i U])on the s ciiaraeter j nienl [ li;i( tliem. and This 51 men an over the \)\ I first meet tlie e eanie uitiii a volley IVc from the w al)l(! l)i)(lio> intention o lime. In enemy mig eoneluded i enemy iVoi oidy mean- stream, anc man for liii Duriii; grief of see heavy tlion taking sliel There remain nnd a friend in searehed tw if 1 were ni properly, house, whoi J'Vai'in out and re across the n haek of Fo: to this plac the enemy i * I. D,-.n (lij;.'iii ; 7. Jiui KciiiU'ilv ; I L'. Mct'art'hv; It 17 Tliis liiiving- been determined on. C'n|)(ain Akers and myself were cnjiaj>cd all (^ay in palrolliu!;' tlio sliore and seominj;- (lie woods alonii' the river as far down as Hlaek Creek, arrestin<>' in all, including' si\ prisoners made al)oiit o'eloek in the moriiinu' at Fort Erie, some twentv-three men; ihiiinj;' the eourse of llie afternoon we learned through some of the prisoiievs that an engavem' iit hail taken jlaee at some point in the interior, in which the Fenians iiad been utterly dispersed. 'I'his 1 was (piite prepared lo helieve, as I had from the steamer oli.-erved Colonel i'eacocke with a strong- force on his way up from Chippawa turn in from the river-road towards New tiermanA', and I knew that Colonel iioeker's force was comin2: down upon him i'rom the south. Concludiim' that the action which had been kno^vn to come oli' had resulled in tlie capture of the I'uemy. I returned to I'orf I'j-ie about half-past '> o'clock p.ji.. jjroposing to get what information I could about the ])osition of our troo))s. and lo telcgTai)h for instructions as lo what vhonh! be doni" with the )ivisoners, who had amounted now, including those taken in the villa^'e and neighbourhood during the day al-o, !o sonie sixty or sixty-five men. The nundiers 1 cannot give precisely, as I had only got as far as those names given in the margin.' makii.g out a memorandum of each case, and (having in the meantime made up my minil to send the i)risoners by the tug to Welland (Jaol) had brought down and eudiarked those in C(jnllii;'nu>nt in charge of the IJei've, when the ah.rni \\as ■j.iveu thai the Feni.aw wi-re enleriiig the (own in fi rce. In fact, the first mes-cnger had haidly delivered the news, when a second ciime in lo say thai they were within a (jcarter of a mile, ce.ming down the street along the ri\ir. I went over from the pier lo satisfy my. .elf. and saw then.i in mnnbers. as jndin'd about lo(i. advancing ui)on the street inilicaled. S!it)]ii;siiig them to be ol the mateiial and the same miserable character ]ihysicaliy a^ the |)iisoneis we had been taking all day. I thought tin- dt'taeh- nuMit [ had with tlu- beat, cmmi if ve had to rt'sori to '.he bayonet, sutficient to do for them, and concbuhd (hat my duty lay in Uiaking a >(and against (lu-m. This detachment consisted, as bel'Dre menllcnied. (d' the Welland Field i'attery, 64 men and •:> ollicers, and of a porti(m. some IS men and 1 oliieer. exclu.-ive of the guard over the prisoners on the boat, of the Dunnville Naval Company. I iirst took tlu> jn'ecaulion to put (lie laisonevs under hatches, and MiiMi I'.dvaneing lo mei't the enemy a.bout i-Vl yards, drew up my little comiiiand acre s the street ; as they came within about I'UO yards they ope;i( il lire on us, wlii n my deiachnient. by order, llred a volley from each oi' the companies. Uj)oii which a severe (lank lire w.is (ipeiied on us fnun the we.-!, and on looking in that direciion I oh-ei\ed for tlielii.sl liuie two cni-ider- able bodies of the enemy, running nortlu'rly j-arallel v.iih (lu' river. eviiUaiily with the intention of eutting us oil' ami getting posse.-. >i.!ii both of us and the stiamer a! the same time. I'nder the cir(nm.--tances. as 1 considered if we triinl lo escape by the teg the enemy nught be there as soon as we and >o achieve hi- double (dijeel, and 1 therefore concluded thai nty duly l.ny in saving the ])risouers we had on boaro, was his only means of escajie ; and ! ihereibre ordered the captain to casi otf ami get out in the stream, and ordereil my men to retreat and do the best they could, and to get away, each man for himself. During this tim(> a heavy (ire was kept up on us both front and llank. and I had (he grief of seeing several of my men fall. We ictreated down llie front stri'ct umler a very iieavy though com])arali\ely inert'ec(ual (ire: several of (lie men, ceiUrary to my advice, taking sheld'r in a house the door of which sto id open as they passed. There being l;((le or no cessalion in (he lire upon trs in re(reai, I had no desiri' to remain under ii longer (hau was neci'ssarv , and accoidingly (urned into the premises of a friend in the lower ])arl of the village, wheri' I lay conceah'd altlnnigh the ))rt'nHses wfre searched twice, the radians stating (heir intendon to cmie a (bird time, and threatening if I w( re not given up, as they ha o'clock .\.m. 1 then accompanied hi l'or>'e back to this place, iluring its oi)erations laU'r in the day. of all which, as also o\' the e-eape of the enemy during the night, (hat odicer's report will doubtless inform you. * I. Dan. Dniiiiiiiiiiii (lii'iiii ; 7- .Inn. I Ili'jIu's ; '. I'i'.l O'X.iUy : ;i. Mi'i-ifr. IVrrv ; 4. .Ino. C'Kwy ; a. .Intiii M.ilumy ; C. W. Meid- W. 11. Ilaidcn or Sluivin : i). Denis l.annlinii; 10. .Iiki. .Miir|iliv ; 11. Oucm Kiiinody; lli. riiuuU Miles ; l.'i. J, .\. Ilockman ; 14. \V. li.ikci-; Ij. W. Orr ; 111. .Inci. -MaxlleM ; 1/. Teriii McC'ailliv; IS. Michael liilfalhcr ; 19. ,Iiio. Ciia) ; 'JO. Uev Jiia. LunioiUii. D 2 y i I 18 n IlK-ll). .'.0 ill No. l", On my return T was able to learn, for tlie first time, sonicthinii' of the casualties in the affair of the previous evening'. I feel rejoiced not to have to report any loss of life in my detaeliment. althoui^h I was ji'iven to mulerstaml tliat there were son' • five wounded in the A\^elianil Hallery, three of tiieni so severdy as to result in each ease in the h)ss of a K\if, anion^' which eases I re2,'ret to say Captain Kini;- of tiie Welhuid ISatlery. and one man of the Dunn- ville Naval Company ; none of tiie ofiicers excepting Captain King were wounded. A lieturn of tl;e casuaUies is appended hereto. The enemy sulfered more severely. Three of his nunilier were killed outright and four were mortally wounded, two of wIkuu died yesterday morning ; the other two had been allowed, under the circumstances, by the Keevc Dr. Kenipson. with the permission as I understood of Colonel iiowry, to be taken to the Iiuifalo llos|)ital. .Mr. Schollield, the Lieutenant of the AVelland Jiattery having gone to Welland to get his men together again, Mime of them having t'>ciiped across country to their homes diu"iug the night, is ordert'd without delay, when in a position to do so, to i)repare an accurate li>t of the casualties in the hattery. I have delaineil this report somewhat in order to get his return. Should there jjrove to have been any casualties not as yet reported I will lose no time in sending forward a list of the future i)roceeding^, we then determined, on account of heing eneundiered with so many prisoners on board. fil'ly-se\eu in nund)er, and so very few men ht'i to guard them, to run to Port ('oll)orne and semi the prisoners to a place of safety, in passing Fort l-a'ie uji ilie ri\(r. \\i\ I'or a di -iance of a mile's run were uiuler a heavy lire of mu kt'ti'V from the Canada shore, we pa^si'd without any casualtie's worth mentioning, and arrived safely at Port Colborneat lialt'-i.'ast (J e.M.of s.-nne day, and delivered the prisoner^ over to Lieutenant-Colonel .Metiiverin, with eommitment and names inserted. All which is respectfully submitted. (Signed) L. McCOLLr:\r, Licutcnant-Cohnud Dennis, Captain, N. 15 , Dunville. Fort Erie, l?KTi; „l Capt.-iiii H. S (iiinncr .loLii t» 1'. S, )) (ii'or ,1 it. 'J ( Above all Com p.inv, Nav il till Nci-an UM^Il Mead-(^)uai .1 (' Siu, IN ac( Colonel I'e; The sa Port Colbor supposed to miles from Colone Colonel Dei would ]iermi above hour, at A arrivin, in the cars. C.donel They h; as to the jx between Ula considered t the day, and Colonel was prepiirei Knowiii before attacl think it ])ru( enemy's fort I laving the me.rnini; somewhat di The ph quarter part go round t reconnoitre in time to i would marcl Colonel 15o( enemy's retr cutting off { forces advan to Colonel 1 tho use prop 19 c casualties in Inclosurc 1 1 in Xo. 0. Iiiclo. 1 1 in So. C. out, althouj^h I •Hand Battory, J, anionj;- uliicli I ol" tl\o Dunn- .' wounili'il. A (1 outriclit and other two luul tliL' ])(.'nnis!sion to Wolland to to lliL'ir liomes , to ]iit'i)aic an 1 I will lose no ^aval Conii)any, his jjientt'nant, ;ation for their uMi forming my Tort i:iie. I ineil steady and iiel, 11 V -nd June. your tle])arture, mile-, with two ttery, the rest iwiun' ollieers, b'clioHield. and \'aval iJri'^ade, hoard. I then II delerinini'd, t'U in Hiiniher, the jnisuners (if a mile's run I without any (> I'.M, of same !i I'iiiiiiiiitment Dunvilk Retuiin of Casualties in action at Fort Va-xo on the afternoon of the 2nd day of June, 18(50. U;iiik and N:uik'-. Wliciv WdmuliMl. Ivi'iiiMrks, Captain Jl. S. Kin;;' Giiiincr Jiilm lir.uilcv „ !■'. Schollii'lii .. ..I „ (icorac Harrison .. .. 'I'Iivihi.jIi the Ictr „ li. 'rininias .. . ! 'fiu'dnj^li tin' lliigli (Above, all lirloni; to tlio Wcll.nnl Coinpinv, N Il:ilt(M'y, DniiiivilU' Naval l>ri;;a(U') Ni'Nim I'lisli .. .. ..I H.ivnni-t wiinnd in dif^t riiionzii t!ic li'jr, licOow tin," liiici'.. Ui'iiniieil amimlatioM ; iloing wcI ., I, aliovc tlio kni'e. . 1 „ „ ,, bi'low tlio kucc. . „ „ „ Dc.iiig well. . . I Slitrlit woinnl ; (loin'j- well. Head-(juarter I'^orce, I'ort iCrie, June 7, 18(5(1. (Signed) .1. STOl'dllTOX DKNNIS, I.ieutenant-Colonel Connnandiu"- Detachment. luelosure 12 in No. G. Captain .\kkks to tlio Commander of the lioyal Engineers in Canada. SiK, , Montreal, June 7, l?0(t. [X aeeordanee with the orders of MajorCienoral N'apier, C.J}.. I reported myself to Colonel IVaeoeke at Uamiltoii, on I'riday 1st June, and pruceeiled with him to Chippawa. 'I'he same night about midnight, 1 was directed by Colonel I'eacocke to proceed to Port Colborne to arranae with ( 'olonel Dennis for making a I'onibined attack on the enemy sup[)osed to be entrenched on lilack Creek, about three miles down the Kiver Mrie. seven miles IVom Chippawa, and two from Stevensville. Coloni'l I'eacocke was to move on Stevtn-villo, so as as to arrive there about '.)-:W .\.m. Colonel Dennis to move along the railway to K'iduewav', as tar as the state of the railroad would jiermit. and march from (hein'o to meet Colonel I'l'acocke at Stevensville at the above hour, and from (lu'uce the eondjined I'orces were to march on the sujiposed position at A arriving at I'ort Colhorni' at abuit 2 a.m. I found the whole force under arms and in the ears. Colonel Booker being senior to Colonel Dennis had taken over the command. They had obtaii'ed IVom a Custom-house ollieer arrived from luie. exact information as to the position of the i-V-nian cam]); tins wiis on Fi'cnchman's Creek, about half-\say between iJIack Creek and Fort Hrie. The otUcer who had been in the cam]) at (i o'clock, considered there were not more thiin 7al if properly authorized. Knowing Colonel I'cricocke's anxiety to combine his forces with the \'ohniteor.s, before attacking the enemy. 1 could not in his nau)e au(hoi-ize the movemeni, nor did I think it ])rudenl, as froii\ the accounts we had ret'civeil it ap[)eared probable that the enemy's i'orces would be doubled during tiie night. Ilaviiig ascertained, however, that the railway bridge at Kidgeway. partially burnt in the morning, hail been re|)aired, and that the line to Krie was oi)ened, 1 arranged a somewhat dill'erent i)lan of attack, subject of course to Colonel Peacocke's ap])roval. 'I'he plan was as follows; — Colonel l>ooker to ])rocei(l by rail to iOrie with (1 quarter |)art of his foice, to crrive at V\nt Vlv'w at 8a..m. Colonel Dennis and Ujyseif tc go round the coast in a steam-lug, taking a company of Volunteer Artillei'v. lo reconnoitre the shore betwei'ii l'V)rl Erie and Black Cieek, and to return to Fort J']rie in time (o meet Colomd liooker at S. Should ("olonel Peacocke approve of this, he would n)arcli by the river round frou) Chippawa aiul make a combined attack with Colonel Booker at .some [)oint between i-'ort l^rie and Black Creek, cutting off the enemy's retreat by the river. The tug to be employed cruizing up and down the river, cutting oil' any boats that might attempt to escape, and comimiuicating between the forces ailvaiu'ing from Chippawa and fnan i'^rie. 1 conimiuiicateil this proposeil change to Colonel I'eacocke both by letter and telegraph, omitting however, 1 think, to mention the use proposed to be made of the tug. Inclo. 12 in No. (i. J ■ i I 20 Tlic plan was nioroly a uioilificalion of that proposctl liy Colonrl Dennis, wlio wisliccl to iiKivi.' al oiu'c with tlie \'ohiiiU'i'is witlmiit al•l•all^'m,^• a jum'tiiiii witli Colonel I'l'acockc. Before reeeiviiiu; niiy answer IVoin Colonel I'eacoeke, I went off in tlie tug with ipaiiy of Ai'lilieiv, leaviii:, word with ('olonel Hooker to take .olone :are am 1 I) eniii? an( 1 tl le coil Colonel 1' •k hvU ai'tinii' on it. care ami oniaiii i oioiiei reacociie s ajiproNai lo iiie proposi'ii ciiaime nviori' anil evjilaiii'iiL;' the jilaii previously (lelenuiiied on in ca>o ol' (.-olonel IVacocke should desire him lo adlu're to it. "We arrived at Fort Krie ahoul ."> a.m. Steamed aloii^- those, and ])ast iM'ench man's Civek, "hero we saw the enemy's canij) apparently de-ei fed. .\ iter carefully e.\amiiiin<; the shore Iroui llrie lo I'dack Creek, and seeing no si:;ii of any armed I'orce. we went ashore at lilack Creek, and were informed thai the enemy had hrokeii up their camp diiriuij: the ni;;lit. .\ |iariy was >ri'ii liy the iiihahitaiils iiiovinn' alnn^- the v'wcr in the direction of Chipjia\va. and the remainder to lia\e turned inland al llhu'k Creek. .\s far a< 1 couhl make out Irom ilie >i:'.e and ai>i)earance of their (amj). and from the rep(ntv of the jjeoph'. (heir eonihiiu'd I'orce could not ha\t' exceeded 7"" or siKj men. i till 11 returned \\\\]\ Colonel Dennis liy wati'r to I'ort Erie us appointed witii Coloiiel liooker. 'i'hat ollicer not haviiiu' arriv.-il, 1 hecame aware that ('(donel I'eaeocke had acted on his original ])lan. hut from the inrorniation I had ;.;ained was of opinion that he woidd not have more than I'lo or 'idt* men to contend with. Colonel Dennis then landed the coiii])any of artillery, and I proceeded with it patrollinji' the road and hei^ht^ hetwei.'ii J'ort Ihie and I'dack Creek, i)el^\(.'en thirty and forty jirisoners were taken 1«\ the coinjiauv or liaiuled over hv civilians and put on iioard the tug at JJlack Creek. Seein;;' nolhin:; more to he done at I'ort l']rie. I drovi' up to the railvay station on the line to Colhoriic to ascertain whether telegrap'liic coimminicatloii had heiii opened, and (d)lain what information I could. 'i'liis station is ahout half a miie I'roni Ih'ie and to the westward of the higii road from Cidliorne. I had hardly entereil the station \.lien 1 heard a cry that troops were coniiii;^ down the iiill hetween my>elf and the town. I jumped into my t'onveyance and turned towards iv ie to ui\e the alarm to the I'omiiaiiy oi' N'olunleers left there. Finding the ajipriiach to Ihie cut oil', and the enemy"s skirmi>her.s >tealinu round to surround me, I turned round and drove to the >h(nv in the direction of Colhorne, near I'idgeway .1 Uiriied up toward-, the hi^vii road and jiassing the railwa} hridge found it on hre ; I stopped and liiit -ume huclvcts from a neii;iihoiiring farm, and with the assistance of tile driver nianaj:i:d to imt out the lire I then went on to the Cairismi iJoad where 1 iieard an account id' the emiauemeiit with Colonel Liooker's force, and of it> retreat to Colhorno. I t'ound two wounded men al a roadside house, one id' them 1 took into Colhorne, the other was too hadly hurt lo niovt-. J arrived al Colhorne hetween (iand 7 in llu' eveniiii;-. The force had heeu increased since the previous tlay. and now consisted of the 7lh. ^vith four companies of the L'r-'nd Oxford, and tiu" Duniiville coin[iaiiy attached, l.vo companie- of Home Ouard, the Cale- donian conijiany. and the •^)ueeus Own, and l-"5th, in all almul 1,1(M) men. The garrison was in the greatest state of conl'u.siou, iind the troojis (hal had iieen engaged in the morning cousiiierahly exhausted from want of rest and food. .Many of the men luul no ammunition, others hut a few rounds. A compar.itively small jiroportion had their jxtuches full, and there was no reserve to replenish them. No arrangements had heeu nnide for ohtaining cither provisions or aminuiiilion, !ur securing the jiost I'rom attack, or or further oliensive o|)i'ralions. J rend.cri'd what as>istance I could to Colonel Docker, who ajiiiean d (piite overcome with faligiie and anxiety, ile hegged me to undertake all necessary arrangements, and later in the evening reipie.sted iiu' to take the command out of his hands. I'^iuding this was also the wish of the other N'ulnnteer ollicers of sujierior rank to myself, i telegraphed for instructions, and was desin .1 hy Colonel Lovvry to take tlie comuuuid. 1 ported a line of outlying pickets at a radius of one mile from the town, extending from the shore to the Wellaud Canal, with strong su)»ports in rear, and (M(ler"il the remainder of the troops to lie down and get what rest they could. 1 tcK urapheil in various directions for food and aminunition, and hy - a..m. Sunday the oiil had an ample .su[)ply of hoth. Ahout 1 o'clock the alarm was sounded, and ollicers and civilians rushed up inform- ing me that the enemy was marching on us in force, and within ."iUO yards we.st of the town, where I had placed no ])ickits. The alarm was entirely without foundation, hut had the etleet of depriving the troops of the few hours rest they might have had. .Ml through the night reports were coming in of largos forces heing landed on the shore hetween Colhorne and Erie, alao entirely wil owner Mr. ,A the civilians liood. i?evcill serving out statf or org; was a hni;; move. Tin tludr pouchi cars hy -"i o ( whole of tin the enemy the troops (; threw out a .supports to In this ordei and troin tl engagement the niaht, ai After Erie, whert' relieved iron The Comma Sir, I N acco with four tiel Colonel Wol and hy Colon Director of disposal. 'I'l considerahle hy order of t On arri' rank and file, On arriv at Port Collx St. Catherini At the 1 and 1/lG Ri proceeded hj Great Weste Under t Colhorne, am Great We.ste to Clifton, ar 1 arrivei Stephens witl steamer from At Cliftc at Port Colh( reported exhi Believin rations and a I telegrt n\<, who wished 1():r'1 IVai'oc-ke. \ tlio tuf? with Booker to take )i\' lu'linji' on it, ViU'ockL' should si I'^ri'iicli man's fully exaniininn; lorco. wo went u[t their camp ho direotion of oaiii]!. and iVom Ki or S()(J inon. apixtiutoil with iilonol I'oacncko was (it' oiiinion Colouol Donnis U' the road and ■ prisoners were ird the tug at ilv, ay station on d 1)0.11 oiieiiod, I' the hi.iili road iial troops were ooiivoyanoo and there. I'i tiding lo surround nie, near liiilgeway |id it on lire ; I sistanco of tlio uhorc^ I hoard it to (/olhorne. Colhorne, the lieon inoroased of the L'L'nd uard, the C'ale- I'ho garrisou ngagod in the men had no tion had tlieir mollis had been 'rom attack, or (juito overoome liigoinents, and {''indiiig this I', I tolograjthed 1(1. I ported a Voiii the shore laiiulcr of the direetions for )f both. u'd up inform- ds west of the depriving the it reports were and Eric, also 21 entirely without foundation. T sent the tug-liont, however, still kept at our service by its owner ^Ir. .Mc ("olluiu. lo watcii th'^ sliore iiotwoen (."olliorno and iM'io,aiid called on stiino of the civilians to act as srouh, and koop nio inl'onned of any inovoiiieiits in the neighliour- hood. Iiovcillo Mas souiidod at :"'. and I imniodialoly made what an-aii",(inems I couhl for serving out rations and anii'.innilioi'. Owing to the want ol' all lirigade or rogiinonlal titalf or oiganizatiiiii. and iho utter want of di-oipline tiiat i)rovailod among the nion, it was a long tinio before I could aecomplisli tlii<. and get the men under arms and ready to mo^o. 'i'ho men having no iiaversacks could carry scarcely any food wilii them. I lilKd tlu'ir |ioncii<'-. and tlioir jsocki'ls with aniniunitioii. and got ibom uiiihr arms and in the cars liy ■"> o'clock; >oiidiiig a |)ilol-oi!uine in front, I moved by rail towards Krie. taking tiie whole of the troops, o.\c(.pt Uu' '•"llh, whom 1 lol'i to guard Fort Colhorne. Hearing that the enemy wore poslod near l!idgo\v;iy. and finding a favouraljle position for forming up the troops (at i» in sketch) on a road kninvn as Skirk'.■^ Crossing. I disombarkod the men, thro\\ out a line of skirllli^^!u■rs wiiii tour sujiports I'rom the 7th, wilii orders for the Hank supports lo wiiool outwards and extend at once, in case of any sign of a ilaiik attack. In this order, and with a -Iron'.',' roar guard, 1 advanced from J> to the (!arrison-road, and from thence towards Fort JM'ie. On coming lo tlie scone of the previous day's cngagomont at C. 1 ascortainod that the oiioiny i.ad attempted to cross the river during the niglii, and tiial Erie was in possession of our troo[)s. After halting the nion fur about an iiour at this spot, I marched them ([uietly in to Erie, wliore I roiiortod myself to (.'olonel Lowry. On the following morning L wad relio\od from my c(jmuianil. I liave, cSce. The Commandor of Itoyal Fngineors (Signed) CHAS. S. AKF.rvS, ill Canada. Captain, Jl.E. Inclosurc 13 in No. 0. Colonel LnWKv to the Major of Brigade. Sir, I'^ort Erie, Canada West, June 1, ISCl), C, p.m. IX accordance with youi orders I left Toronto per train at 2 I'.M. on the L'lid instant with four field guns, &c., under command of Captain Crowe, H.A., and accompanied by Colonel Wolsoley, A.(2.M.O,, by I.ioiitoiiant 'I'urner, R.F., by laeutenant Dent. 47th, and by Colonel Cund)eiland, Provincial A.D.C. to the (Jovernor-Ueneral and Managing Director of llie Great Western I'ailway, who had kindly iilaced his services at my disposal. There were also two gentlemen, Mr. Clarke and iVlr. Ivingsmill. possessing considerable knowledge of the country through which we were to pass, attached to me l)y order of the ^[aJoi-Conoral, and Mr. Hunter, telegraphic operator. On arrival at Oakville. I was joined by its company of Kitle Volunteers, fifty-two rank and file, under Captain Chisholm. On arrival at Ifamilton, I re(|uiriiig information telegraphed to officer comnianding at Port Colhorne asking to know the state of affairs there, and requesting an answer to St. Catherine's. At the iramilfon Station 1 learned that the detachment of the GOth Royal Rifles and 1/lG Regimonts which had iieeii at first ordered to join me there, had already proceeded by railway to reinforce Colonel I'eacoeke, who, the Superintendent of the Great Western Ivaihvay said, had twice telegraphed for reinforcements. Under these circumstances, and finding at St. Catherine's no answer from Port Colhorne, and that difliculty and delay would be occasioned in getting the train from the Great Western Railway to the line of the We'land Railroad, 1 determined to proceed to Clifton, aiul thence to the support of Colonel Peacocke en route to I'ort Erie. 1 arrived at Clifton about H I'.M., and was there a few hours after joined by Colonel Stephens with a Volunteer force to the number of 350, which had been dispatched by steamer from Toronto to Port Dalhousie to meet; me at St. Catherines, .'Vt Clifton I received pressing telegrams urging me to proceed to assume command at Port Colhorne, whence I also received urgent requests for rations and ammunition, reported exhausted. Believing early arrival at Fort Erie to bo most important, I dispatched all the rations and ammunition I could spare to Port Colhorne. I telegraphed to Colonel Peacocke to send Licutcnant-ColoncI Villiers, if possible Inclo. 13 in No. 6. ''f r :i 22 across tlio oountrv to i'ort Coll)onie to coiiiiuaml the Voliiiiteors at that i)hicc, hut soon fiiidinii' that impossihU', teloiiriiplieil to ("ajitain Akors, IJ.E., to assume that duty, adding that 1 did not aiiti('i\)ato prcssiiro al tlial ])oiut. llavinii,' waited I'or tlu- l''.rie Itailuav line to he eli'ar of ohstnu'tious, 1 proceeded at 8'-10 A.M. -""rd instant, to Pdack ('reei<, at wliieh phiee I liad tek'jiraphed to otheers com- niandui"- detaehments o idth h'illes and 1st hattalion of KItli Re; eoniniuiiication witii ('oh>nel i'eaeocke, to meet me at davhreali :nnent, i! not in ion wiin some (h iiiiea Alter some (hdav 1 was joined In- iM)0 raidv and fde nf tlie (idtli. under Captain Travers, and hy I4t» rank and tile of the 1st battahon Hitii IJegiment, under Captain Hog'ij'e. .As the raihvay line had not lieon |)reviiiusly open for lrans]port, I awaited its exami- nation hy .Major tiie lIonouial)K' .1. II. Cameron, who iiad Jdined me at nudninht at Clifton from some ])()int in ad\anee. and who proceeded with a locomotive engine for lliat purpose. On iMajor Cameron's report tliat tlie road was [jassahle, 1 proeeeded to a point ahout tlnei' miles nortli of Fort Er'w, called Frenchman's (;reek, .said to lie (he nearest point to where the h'enians weri' reportt'd skirmishing;-, and fast escapinu' across the river. Here nnloadir:; tlie .Vr'-e from llic railway cars, I advanced with .sonic V\'i!untecr c(mi))uiii's. the dela hments of the Isi hattalion Kith I'euiment and (Idth li'oyal l!ilkstoward.s the Nianara Itiver, llirowiiii;' out an advanced i;-nard and a lew skirnnVhers in (he woods on eitliei- Hank. As soon as two field ;:-uns could he i;ot out, they were pressed to the front, hut on oiieninir on (he river Colonel Wolsclcy. who had jiassed on horsehack to the front, found we were too late, and that Fenian ]irisone.-s to the numher a])parently of some .MM) or 7'"'. "ere in a lariie hai-i:e made fast astern of (he I'nited States' war steamer '• .Michigan,' lyini;- in the centre of the stream. 1 reachetl Fort Fj'ie at ahtuit &\'> a.m., and found (hat the whole village had been abandoned. Soon afterwards 1 was joined hy tlie force under Colonel I'eacocke. who had come ui) (hrotiu'li tlie woods to tlie rii^lit, hi-ini;inii- in some prisoners. The whole force was now huiriedly jilaci'd in iio,'avy, AI. Dant, Fnited States" District Attorney, and Mr. 11. \V. Ilemans. Her Majesty's Consul at Ihillalo and sub-c'iuently with (ieneral Barry, i. j...i. :„;... ;:i^ united States' (roops in (he Eric and Ontavio districts oi' the State of New- Ym-k. Thc-c oHicers. in expressing tluir reprehension of tlie infraction of international law, said that nothing in their jiower had been orw-ould he neglected to arrest such infrac- tion ; (hat such were their orders : and that they had jircvented many reinforcements from iietlimj: across to the Ihitish territory on the two previous nights. In llie course of the afternoon Ca])tain Akers, l!.F]., with a N'oluutecr force of about I.HoO men, arrived from Port Colbornc, making the number of my command about .'i.oiMl of all arms. In compliance with telegrajihic orders j despatched to Kingston at 7 p.m. the troops as per iiiaruui.* sending twenty-two Fenian prisoners liy the same train under escort of the ITth Regiment. Further telegrai)lii<' orders directed me to send forward to London without delay the detachment of the lioth Koyal l^'illes. (he London Coni])aiiies of the 1st battalion Kith lieiiiinent, and the ]..oiidon A'ohmteers. In conse(pience of the dilliculty of iirocuring the necessary railway trans])ort, that order could not lie carried out till 1 ()•••'() to-day, when ahout SUd men weVc forwarded by Great Western Railway via Clifton to Hamilton. Any del ivs in transport of (roops, so far as rehUes to the service of (he (!reat Western Railway have arisen chiefly from the fact that on the Erie and Ontario Railway (being hut a single line of track, Ike, with sidings still incomplete), there were no means of shmiling or of passing trains: whilst that jiart of the line a|)proacliing Fort Erie is still in a very unllnished and unserviceable state. Ft was impossihie, therefore, even with the most prompt assistance ali'orded by Mr. Swynyard, (he manager, and all the subordi- nate ollicials of the iireat Western Railway, to secure the desired rapidity of movement. From the Grand Trunk Raihvay 1 liave received no communication or practical as.sistance, and have as yet been unable to find any person in local authority. * Captuin Crowe's Field BaUery, 4 puns, and 200 man of tlie 47tli Ucgiment, under Major Lodder. I The w The f. nature of I tel. One coiiip; Colboriu-. In con the nature .submitted I That iiidefatinalt Tli,-it da^, woikii That ( nic inform; with raib\a\ The 11 M.WW. -aU Olli 'cr power to r- which had I All api 1 tind offered to f which migli Captaii me (hat he prisoners. 1 replic The ALijor o Lieu My Loun, I HAV still assembl troops. No furt no attempt c A boilv C.K. I ordc his troops so r have 1 far as he c.i Frclighsbur proved the greatest asNJsiance tu me ni,i;ht aiul day, working with a thorough spirit and mo-t wise forethought. That ( 'olonel C'umlierlaml, Aide-de-camp, lia-^ s|>,ired no trouble oi- exertion> to give mc inl'ormalion. and lo render \aliiab'e a>si>lancc in eveiy uay. in matters connected with railway transit : his knowlcd;;e has ])ro\eil specially useiid. The untiring naiui-e ol the exertion^ made by the llonourabk' ,1. Ilillyard Cameron, M.IM'.. also desi'rves cordial acknowli'dginent. Oili 'er- and men, whether of the l{cgular> or N'oluntcer service, did all in their power to r>'acli and re-occupy b'lirt ['jric at the earliest moment, and to arre>t the llight wliich had been almo.-l completed before our arrival. All appears (piiei at proeut on this frontier. I liml that 1 have for^iottcn to >tate that OeiuTal Harry, Cniti-d States' army, offered to furnish nu' with the earliest notice of any intended movement oi' importance which might come to hi•^ knowledge among I'enians in the States. Captain IJiyson, Commander of the Cnited States' war-steamer ■' IMichigan," apprised mc thai he had telegraphed to Washington for instructions as to the disposal of his TOO prisoners. I replied that that was a matter for settlement by our res])ective (Jovernmcnts. (Signed) R. W. LOWKY, Colonel, The Major of JJrigade. Commanding Kield Force on Niagara Frontier. Inclosure 14 in No. 0. l..ieutenant-General Sir J. MicHEi, to the SiicuKTARV of State roii War. Mv liOUT), Montreal, June 11, ISIUJ. I HAVE the honour to report that, by the latest iiecounts, bodies of Fenians arc still assembled at Malono and at liulfalo. but watched by United States' oHicers and troops. No further landing has. iiowever, taken place in Canada West, and there has been no attempt on the line of the St. Ijawrence. A body of Fenians having crossed the border at St. Allan's, into Missisquoi county, CM I ordered Colonel l''J)rington, commanding at St. John's, to drive it out and to post his troops so as lo prevent its return. 1 have not received the report of his movements, but he has informed me that, as far as be can learn, there are now no Fenians in liis front between St. Armand and Frelighsburg, at which points, and at Pigecm Hill he has posted troops. Sixteen (IM) prisoiuMs have been sent into Montreal and handed over to the Civil power. Colonel I'ibrington further reports that he has no information of the munber of Fenians in his front on the I'nited Stati's side of the frontier, and that a party of Volunteer Cavalry returned from a patrol at l.HO cm. yesterday, and rejiorled the country all clear. In reference to the whole subject, 1 may remark that the United States Government is now acting all along the frontier most decisively, by the seizure of vast (juantities of arms, by arresting leaders, by transporting to their homes bodies of Fenians, and by preventing trains laden with Fenians arriving at their destinivtions. 'I'his, combined with the appearance of the prisoners taken, and their only halt- armed vendition, nuUces me l)elieve that in a few days the danger of even small raids will have passed away. I have, &c. (Signed) J. MICHEL, Ijieutenant-General. The Secretary of State for War. laelo. 14 in N«. 6. [82] E ii % n s 1 I No. 7. Incio. 1 in No. •^4 No. 7. Citv\ of a DKSl'A'rf'll Crom (iovcrnor-CJononil tlu' IJi^lit !l(in. ViM-ouiii Miinik to the K'ii;lu lloii. KuwAiin C'\i(i)\vi;i.i., M.P. (Jowniim'Hl Ildiiso. Otlinv;!, .[line 11, lS(iH. (No. •■>!.) (Hfcr;\,Ni .1 -j;. iscii.) Slit, ( Aii-wiT. il, :;». C; , .I,iu^' •_';'. .MUi, ]i:y-yv 7R.) I 11 VVK llii' liwMour (o ti'iiii. iiiit. luv MMU iiifcrr.ifitlvii, colli; . in paraplirnse of a teU\i;rani ii- cvpln'r roci'lvi'd l)y in;' iVoiii Sir !•', I'rucr on ll-,c ^■-"'. ill: i.i'.il, an,! of my iiii>\M'r 1(1 I'.iiii; !',1m> copy ol Ji t'lonram which I (iispatihcil i() SV.,- .!ohii Miclici inuno- (liati'ly on iho receipt ol'Sir F. i'lnico's incs.-a^':'. ^Villi rd'iTiuco to llir poilioii of Mr. Scv.anl's in.tc In Sir I'. I!nuo, «!ucii allcj>'CH thai 'iriiiMi tro.-.p- ciilcrcJ umwinautalily on 'Aw soil of tl.o I'ni; J Stales, 1 lia\c tlic honour 1 > ti..us;ait oopie^i ol reporf ; i'Voiu llic ollicers who^.- n:u\!(.:.s arc iitHciI in Iho niar^-in,* which m'^alivi', ns lav as th(?sc oiliecr. ave c 'ticcriicLl, the r",)orls made on this suhjcct t'l M;iio;--(!. i.^Tal MeaiK'. \'oii \.il! ii!j-Tic IViini !.,iriilcnant-Ci.'li'nv'l !';irh'- I'tirr llirt lurther i\ ports liave been calhil for: ami \ilieii I receive them I s'.iall i:<.l f\'l lo liari.-niii copies io you. I liave ah"aJy .-.oul copies of thein- ro|iort^ t>: Sir I'l-etlericl. I'nuv. I have, SiC. Tlic i;i-lil Hon. E(!w..r.I Canlv.oll. .M.I'., (Si.;nccr, .MOXCK. &c. \-e. &c. Inclosure 1 in No. 7. PAii.\riiu/.>r. of a Teh'graphlc Me>..-age in cypln'r rccelvci! from Sir V. V>n\ if. at 'J o'clock A..M.. .Mine ll', ISIill. I TT.VVE receivcil a letter from Mr. Seward eonclicd in the followinii' terms: — •• i am diirelrd liy the !'rc-idcnl lo inlorni yon tliat, accordii'^' to statciiunls which have iieeii niadi' to the tieneral conimandinj; the Tnited States' troop.-, on the frontier, llie I'liiud Stale--' territory has been entered hy l^itish Mildius in | uisiiit of the Fenians imder Spear ; Miat prisoners were eaiitured in the State of Vermont, and llial threats have been made by persons in the I!r;ti.■^h service thai the fcjiitivi-s so taken, a.-- welJ as Fenians maile jiri^oner- in Canada, uduld he snmiiiarily pnt lo death without any forms of law. Tiioui^h it i.s probable that these rejiorls may ii u pri>\e to be accurately true, the (iovernmeiit of the United States will bi' much disiuriied if nie;isnres ol needless riyoiir, not ju-tified by c.\i--tin,:;' laws, are taken ai;-.iii'.-l IVninn criminals; and the President de>ire^ me to say that he earne.itiy liu-t-- that -iich persons will only bo jiroceedevl auain>t in due course of law. and be even hope.-- tliat i! ey will be treated with signal moihiation. The I'liited States' Ciovernment believe tlia' ihe I'nited States and Congress will a^rei' completely with the sentimeiils which I have e\pressed." I .>hall be mm .i obli:;ed to \ ou if you will allow iiu proceedings lo be taken a.gainst the Fenian prisoners until vou hear fr(nn mc. (Signed) F. BRUCE. Inclo. 2 in No. 7. Inclosure J in No. 7. Parapiirasi: of Answer. I IT i territory i taken pii- disturb.im think till' Sii;. I ;• cotnmain Ihe Iron], the roii'l fired at l.,\ at u- ier where ll wi-re dia- liiK'-., bn troop . V. man 'I' 'h I'olou, I 1. I !;,' ' and -h.' were aihai Stalt-.V iro, !>y his piTii had oithrs until I con' onci- v.v.d 11 so as to lea 1 intri Ihigade wl stone ; afti after our n order. I'he .Major- •Jnd hieutt Unili'd Sta IF Iiritish troops have violated the territory of the United States, they have done so again.^t stric't orders, and i much regret it. Any prisoners proved to be taken by them on the territory of the Uepublic .-hall be liberated at once. The civil power holds all persons captured up to this time, ami the wishes of the TTnited State.-i' (iovernment camiot be |)ermitud to iiilerfi'rc with the adiuiuist ration of jii-stice in this Province. That (ioMriiiiu'iu i^ eiiiiilcd to uii ilianks, which I beg you uill convey to iliem for vigorously and faitldiiliy [(Uttiiig their laws in force agaiint the Fenians after the invasion of Canada had actually taken place. * Capiaiii i>iuil>urv, l.sl liiUUlioii Uitle Bi'iga.Ic' ; [.ic'iiU'iiuiit .Muiiey, 11. C'. UiUm. \ Ca!)ta' Siii, 1 11.^ commandii comr.ia'.d'i Guides am line jirocee loNCK to the e 11, lS('.(i. iii^jc 7S,) tniplirasc of a U, aii.l of my Miclu'l imnio- OS, 1 lia\i.' the iiDk'i! ill the iii,\(!c on this rciioiLs liiivi.' in you. &c. MOXCK. •n\ I K iU cvms: — Liiunts which ,1 iln> IVontiei'. )t' till' Fenians that threats 11. as well as lilt any forms ■iiralelv true, ol iieetllcHS > ; and the \\ ill only be ireatoil with d States and taken against ' 1>I.>IT RUCE. ey have done he taken by wishes of the iiiist ration of ^ U) iiiem for llu' invasion 25 Inclosure 3 in No. 7. TkU'.guam to liieuteiuint-General Sir .). Mnniin., I'i' i'. re])(>rli'il In me from Washinmnn that some of our Iroojis have entered the territory of tlie I'liiied Stales at llie (|iiarter ^here Sjiear ('(ininiainleil the I\ iiiaii-'. and taken iiVisoiiers tin re. l'!ea>e have this in(iuired into, and lei inc know the result. The distiiibanees are olli<-!alIy reported at an end by the authorities of the I'nileil St.ites. I tluuk tiio troojis ma\ In: uilhdraun to poi ds well un our side of the border. (Signed) MONt'K. Iiiclo T in No. 7. Iiielo-ure ! in No. 7. I/ieiit'. nail! MoX: ■. !o Major (Jeiural I.indsav. Siii. Montreal. .Imie 1:-'. l.'^iKi. I II AVH the !;ui)our ;o report, fiir ih' inrin-tnati lU of ilu- JjitiUenanl-tieiural eomniandln;:- the I I'ces in Canada, that, on lr'atui'da.\ the i'th .lime la^i, 1 aeeiniiianied the (roup III r.iouii '' I (IiiM'.-. under emnniand of Caplain .Mi'Dniuall, which iias>e(l down the road leadin.u- i;. in St, Armiuid f'enire (or Cook's CnrMer) t'l llie li.ii" . We were llreil at b.\ a Jiarly of Fenians when aboui nOO yards from the lin.'s; the men uho llred at ns imi!iedi-ii"!\ ' -owiiin' their .Trnn :i'.\.ay and ninniui;' doun (he r. ad to Mie imint where the riulcii S.ates' iriiups, unih-r eomniaiul uf [.ieuteiiant-CoIoi.i! Idviiiy-lone, were dra^n nji in liue, so as eotnplelely !■ blo:'k (he road. We conld ea iiy have -"hot every o;u> of the.se men dov.n before tluy reaehed the lines, bill < nv ^Iio,-., ii.i I i>e lireil, mu4 have jias-ed on and r^trnek the I'n'i d •'"''late.s' Iroop^. wh;) >\ere di .cuv ia our front; \\e were only able, theri'lore, to ov>.riaki' one man iC flu whole i.ar;.\ ; llii- man was taken fully ilfiy yard> I'roni (he ii'aee uhere Colonel Liviiiti-slime ^ men v.ere slalloued. 1 h.id lia 1 the pleasure nf niretiu!;- ("'..l-ne- I.Ivi;'._a'~tone before, f ih.nr.ire ii de up and sho 'k h.Muls v.li.i hi>a, iihii-t talkin-' in liini 1 sa^v tliai a i)aity of (he K'.ie il.i-.ide were a'haneinir ahii. ; a small b_\e-road, which would lirini; lluni in rear nf ih,- I'nited kStaUs' iroi>pi. r ee.il, il (-'oii'U 1 M\ in;'>lniK'-. .illeniidi! lO iliis 'aei an iiLeii :::adiiped on, by his ]ienni;-sion. (o sii|) iium. They had uoi then crossed the line. I'i'idin;^ ihaL tlu'y had ordirs to j;'o r >i'.:d ii.v this read, I iei|uestei.l ihe ollicer eomniandiii.' to hidi !ii .ii.n milil 1 eoiild obtain nend-ion from (.'olor.el Livinysioiie !br them t" p;-.-, this lie at once .".ml most readily uecimivd, orderiiii;' In.- men to fall back to eiliier sid^ of the ifud, 80 as to leiiN'e a free j as-aj;f for our men. I introdiK d C Mlaiii liaiibiiiy, who was eommamrmi;- the sub-divi-imi i..,uiei, Mniitreal. l/eulenant Abe y inslt"' :ly as.-crl^ m> ^■risoncv.-., to his knowh, ,I-e \uvc eaplun d iii L'niti'd States" terrilnrv. Iiulo. 4 in No. 7. (Signe,; ! j.\s. L^^•i)s.\^^ ^b:i>;l•-(;enel•al. Inehisurc ■> in No. 7. Ca])tibi ncMii PiY io llii.> .M.ijor-CeiKT.il ^'nmmaniling the •Jnd IMilil.ii-y Diitrlef, Canada l-jiist. Sii!, ]\bmtri':il, .Iii:,c li\ l.^tJO. i li^\"l-^ the honour to report, for tlie infurmation of ihe i.ii ali ii.sul-Cuneral commanding, thai on the '.ith Jum-, iMjIi, i was ordered by Alajnr Nixun, Killc Ibigade, commr.i-.d'ng for.'c ditr.'led !e attack Fenian encam[mient, to prmwd with IIk Koyal Guides and a suii-.iivisio i of ihe Uh ''»altaliiin itille Ibagade, to covrr the riglii of the line proceeding from the United States' frontier towards Cook's Corner. There being a E 2 tiiclo. 5 ia No. 3. ft '■i 2fl (loop l)ro()k inini('o|w iiliinji tliat imrt of tlio frontier, to allow my di'latlinu'nt to cross over llu- l»rid;it', hy doinj? wliicli we wcio snji|>itsi'd to pass tliroiiijjli tlic I'liiti'd State-*' 1i'rritipr\ . ( 'oloiud Liviiijr- Htoiie haviiin nivcM IcaNc. I vodi' torwanl to sec liim. so as to In- pertfctly ciMtain ; he said I was at pcrtVcl liluTty topa^s; indci'd, lie said he was i.ut certain it was United States' territory. Alter tliis 1 thonuhl 1 was justitied in cnissin^'. On Sunday, the H>th instant. I heard that a St. .Mhans' ncwspajier had stated that a reiiiment of Urilish rcunlais iiad \ii)laled Ihc I'liiled Slate-' territory. I went t.) Colonel l-ivin^stonc thai -anie day and told liini, lie said he uunld wrili' lutJeneral .Meade, coniniandinu- I'liited Si ite>' troops on the iVonlier, to iidbrin liim that it was with his j)erinission thai a delaclinieiit had crossed. '['lie detaclinient that crossed is as per niaruin.* I have, &c. (Signed) (' .1. IM'NUrHV, To the Major-tienerai Coinntandin;;' 1st Battalion li'ille Hriyade. lind Military District. Canada Hast. Captain Bunhury stales that no prisoners were taken in I'niled Stales" territory by the party with whom lie acted. (Signed) .IAS. LINDSAY. Ma j..r-(Jeneral. No. 8. No- -'^• Copy of a DESPATCH from Governor-(Jeneral the Right lion. Viscount Monck to the Right lion. Enw.vui) Caudwku,, M.P. (jovornnient House, Ottawa, Jutit 11, 186(5. (No. r)5.) (Reccivoii July 2. I. SCO'.) Sir, (Answored, Nn. 7, July I I, IHlifJ, pane 79.) I HAVE liad the satisfaction, in other communications, to report to you the excellent spirit evinced hy the resident poi)nlation of Canada in connection with the late Fenian attack on the Province. There has bee., in addition an exhibition of patriotism ami devotion on the part of Canadians who ha])pened to be domiciled, at the time of the disturbance, outside of the Piovince, which deserves, I think, special mention and i)raise. Immediately after the news of the invasion of the Province reached Chicago, sixty young Canadians, who were resident there engaged in various employments, gave up their situations and repaired by railroad to Canada, to give their aid in defending the land of their birth. These young men have been formed into a Volunteer company, and are now doing duty €at Toronto. 1 had also a communication from Her Majesty's Consul at New York, to the effect that a large number of Canadian.s, resident there, were prejiared to abandon their occupa- tions and come to assist in the repulse of the invaders of Canada, if I considered their services necessary. 1 informed Air. Archibald, by telegraph, that I did not require their aid, but begged him to express to them my gratitude for this txhibilion of their htyalty. Such conduct speaks for itself, and I would not weaken the effect of the 'oare relation of the facts by any attempt at eulogy on my part. I have, &c. The Right Hon. Edward Cardwell, M.P., (Signed) MONCK. &c. &c. &c. • Captain I3unbury, 1st I5attalion Rifle Brigade; Lieutenant Smith, 4tli Raltalirn, ditto; Lieutenant Money, Royal Canadian Rifles; about 12 men of 4 th Battalion Rifle Brigade; 2 Royal Guides. Total, 17. I I Coi'V of a (No. .'•!).) Sll!. I II \\ passed betvs respecting till" " .\ew \ the neiy;hbo tlijt Kelly ii be true. The Ri-iiit I ■ &c. Sir, I HAV [ have recei\ together wit of one Jose] Philiiisbuig, His Excel len &C. I'.S.— 'I " Colom Please lay at Sir, ri' is m Mcmday, the the Province States, who v Canada East engaged in li Mr. Ke corres])(nuler city of New ' hostile desigi press. I receiv managing ed fully corrobo Mr. Ke evidence in 1 complicity or • Mr. Pott June 14, 1866; Ottawa, June 1 € liflos, wlio was States' troops idj^c, hy (loiiif^ iiloiu-l liiviii<;- _V I'l'itaiii ; he it was United I stated (lint a I'lit t>) Coloiu'l eiieral Meade, «as uith liis l{V, lie Ikigade. s" territory by joi-(!eiieral. VIoxcK to the a 14, 186G. igi- 79.) t to you the I witli the late 11 tlie part of lutside of tlie 'liiciigo, .sixty ents, , \HM.) I II W'l' llie hiiiioiir to iraiisinil for your iufortiialion, copies of lelti'is whieli have passed lielwi-eii myself and Mr. Potter. Coiisiil-deneral of the United States at Montreal, respecliiin the ca-e of a peison named Killy, r>'])reseiitiiin' himself as a eoriispoiideiit of the " .>ew Yolk Trihiiiie." «lio was caijtured hy our Iroojis duiinn' the late l''eiiiaii raid, in the nciuhlioiirhodd of Pliilipsliiuu-. Cniiada Mast. 1 have also the honour to inform you that Kelly has lieeii released from eiislody, his story haviiii; »u investinatioii, proved to \h- true. I have, &c. The IJiuliI lion. Kdwaiil Cardwell, .\I.I*., (Signed) MOXCK. ' &c. &c. &c. Inclosure I in No. !>. Viscount MoNCK to Sir F. BiiUCR. Sir, Ottawa, June It'., lSt»C». I HAVE the honour to tran.sinit for your information, copies of two letters* which I have received from Mr. Potter, ("oiisul-(!encral of the I'liited >latcs in this I'rovince, together with copies ol' the answers which 1 directed to be sent to him relative to the case of one .loseph Kelly, who was taken prisoner in company with a nunibcr of Penians near Philipsburg, in Canada East, some day.s ago, I have, (&c. His Excellency the lion. Sir P. Hriice, (l.C.B.. (Signed) MONTK. &c. &c. &c. P.S. — The following telegram was also sent to Mr. Potter : — " .June Hth. " Colonel Krmatinger has been desired to eiupiiru into the ca.se of Mr. Kelly. Please lay any information you may liav^ before him.' Inclosure 2 in .No. 9. Mr. PoTTEU to Viscount Monck. United States' Consulato-Ceneral Priti.sh Xorth American Provinces, Sir, Montreal, .June, \:\. IBtjti. IT is my duty to inform you, that among the prisoners brought to this city on Monday, the lOth instant, and now lodged in the gaol here, charged with having invaded the Province of Canadji witii hostile designs, is Mr. .Joseph Kelly, a citizen of the United States, who was arbitrarily arrested at a place called Hancocks Hill, near the frontier in Canada l*^ast, by one Keynolds and two other persons, whose names are unknown, while engaged in his lawful busiiu'ss. Mr. Kelly was both previous to, and at the time of his arrest, a reporter and correspondent for the " New York Tribune," a newspaper printed and published in the city of New York, in the United States. He came into Canada, not only without any hostile designs, but in the lawful discharge of his professional duties, as a reporter of the press. I received a few hours since, a despatch from John Russell Y''oung, Esq., the managing editor of the " Tribune," in which I am informed of these facts, and which are fully corroborated by other testimony in my possession. Mr. Kelly was when taken, unarmed, and 1 am credibly informed that there is no evidence in tlic possession of the authorities of this Government, showing the slightest complicity on his part, in the attempted invasion, or any other breach of tlie laws of this • Mr. PoUer tc the Governor-General, Montreal, June 13, 1866; Mr. Godloy to Mr. Potter, Ottawa, June 14, 1866; Mr. Potter to tlic Governor-General, Montreal, June 15, 1866; Mr. Godley to Mr. Potter, OUawa, June 16, 1866. Sn.9. Inclo. t in Ho. '). (nclo. 2 ii No, 9. '■i ■'{ I 'i laclo. 3 in Sv.:j. Inclu. 4 ill No. '.I. 2N I'inviiici'. On (lie cllior liiiiul, Mr. Krll) \> rt'ful.v to provf. iitid >]\n\\ must conrliisivclj-, tlio iKiici't'iil cliariiflci' til'llu' liii^iiu'^^ wliicli iiuluccil liim to I'lniir Iulo tlic Pioviiifi'. On Ifariiiiiir of tlif I'lu'tn in Mr. Ki 1!.\ V niM', I ininudiali'lv calli'il u|M.n tin- cttinmit- tin;;' Maui-tnitt-, Init not liiidinji liini oiliii'ral liis |ila'« til" Itasini'--. «ir at liis nsidiiu-c, I proici'ilcil 111 llir Li'i"! for till' iiiir|i<)»'' of iililainin- an int'r\ic'\v wiili tlio prisniicr, hut vas infiinnnl liv llii- f;""'*'''- ''"" ''''''''' '"I'li-vs iiail lir.'i\ not allo'u' ! llic privilc^fo of i)urclia>in,:; U>y Id.-* nsv, llio nocossirv luod \.hi('li Iiis wanl-* ri'.iiirf at tli- present lime. IJndiM- llii'M' ciri'mii'stanci's, Mr, Kelly, a-, a rili/vn .il' llio I'niU'd Statoc. lias u r\'^]it lu domaiid and dui'> diinand. oiilur iii^ iunncdiaU" nKaM.- (nun arrv^i "r an imnu'diati' e.\aiiniiatiiiii, v, lion In; sliall liave an ojipoi limit \ lo prove lii>i iniioivncr. 1 tluMi'lon- n.'i|ai--i, dii liiir_v lUlay. I liave. &('. (Signed, .lOIlN I'. i'tn'TI'i:, I'niteil Slates' ('(Mi>ul-(!eJi',ral, I5riti>li N'oilli Nincrican I'lMvinee-'. Ili> Kxeel'' ncy \'Is''oiml Monck, Ineln uri" '•'< in \o. !'. Mr. (lODLKV to JMr. I'nll'KI!. Si!!. (!overn>>rS S'Tre'ar\'s Olllce, ()ltav,:i. ,)iinc 1 j, MiK). 1 AM d'!-.''li' 1 liy iti" (Ii)v,-tiinr .(;^.ii..nil l,i ai'kuo viod,', I lie wr ij.i uf \.iur Iclter of tin- l:'>tli in-!. ml. i'e-])i'ctiii-4' Mr. do-tpli Kelly. ;i i itiK'.-n nl' tin' riiih .1 Stiles, who. you ^lale. wa-i avliilrarily arrested near llie I'lvmlier while eii'/.a-i'i;! in liii hn\l'id l)Usin(.'.s.s. liis l>,cill"iiey has onlered in'|uirles to lie miide inli' Ids ease, anil de.-ires mr to inli'ini ynu iIk'I. ii' 'I luins out llial Mr. Kelly was not ^-.lili > i ! avy acts .d" ho^lilily, lie shall It." s.'t at lilii rty. Hi; Ex('(dK iiey wiaild deeply reii'ivl slmuld any jteite, I'lil cilixen ■ --lol'ily ol' -n '^ an oei-urreiice is one ol" tile iiii vitaldi' incident- o(" an nttaek on Her .Maj -lys diiin'i.ions hy an armed loree or;.rii'ii:'-ed upon and i-snini;- iVom the territory ol' t!ie I'liil' i' Siilr,,. It' .Mr, Kill^ crossed tl'i; IVoiitin' with smli ;'. !'oiee. ai'd wn- loiind ,iii I'rlt -'i irvi-ilory in their company, he ean -eaieely have a right lo eoiuplaiii it' jirimd J'lUic he was tidjiidyi'd to heloiiL; lo tlieni, I have, cVe, John I'. i',..iier, Kmj,. (SiAned) DI-^NlS (iODLHV. &c, &e. vVe. Siii, Inelosure ! in No, !.'. Mr. I''ini;i! to Vix-onnt MiAik. I'nited Slate-,' Co. :>ul:ite-neiiera!. I'-Mli 'i y'Tlli \ie.'r'ean Provinces, Montreal, J"iie J a. l.<(i(i. 1 II. W'', th' honour to aekn.owh di;e the reciii't mm the aflernoon of yt'--lerday of your K.xeelkney's kl.;:rnin in re|)ly lo my desjialch i.i' the I-'Uh in laid in which you inl'oiui me tliai ••(_'ohaiel r^rinati i:ier has hceii desired lo iiiriiiu: inio ilie case of .Mr. K' lly," and rei|iic-!'n:;' me lo lay before him any iiir..ini;;li'in u!.i,'!i i umv have. On receivini;- the teleiiiam, 1 iinmcdiiitely aer, askinn' IiIm to iiiioi-m me al the ear!ie.-i: [ui'-'ilil. inoiueiil -.ihcr 'iin! iilicre f mi^hl have .•lU lntri\iew whh him for I he purpovc meiitioiiei!. [ wac iid'ormed that .Mr. Schiller, the A->i -lanl-Cli rk el" iheCmwn, to whom tlie note was delivered, and siho was made acqiiaintiil \^ilh In ernlcnis. said that Colonel Enu'ilini.": -r was nut in town, but would return in tlie (•ini"-.c lA' a week. Mr. Schiller was infonni'd that the niaUer ad:viitteil of no such (Ul,'i\. upon which hpomiscd that the note >liould he dispatched to Colonel I'2ntiiitini;er, saying- that he \\oidd receive it this morning. I had waited patiently until this evening, hearing nothing i'urther eilber from Mr. Schilb'r since I'lom .N at riiilip-bm ,\. he orders of tin received lie liis removal. Mr.S, whicli uiw of in \ ( I ' \ nn inuiud: I i'.d'orii of \\r\:y-. ,1 intimation the po ition wan made. 'I'his aei rights as a demand iim refer ihe Wa.sliiuglon In'th. unnecessar_\ from my (Jo (iciitral lor III- E.xecUen SiK. I ,\M ( of the l.Mh i in reply thai clinrged with with the oiln necessary wii from the ^la invest iga led does not sec John P. Pott United Cnrv of a T (No. 04.) Sm, I II. \V assembled oi ing this Pro\ I am bn of anenteri)i tst roncliwivoly, |ii>n the I'oiiiniit- liis loidriu'c, I he pri'Miticr, Imt I iiilniil no one iiiliTviiw with '\U'^ llic •'nets ii> till' lilivil(';;-0 of pro.sriit liiiiL'. lUeti, lias II ri;rht 'I' an iuiiiiuiliute )i' < ()ni|iliiM| with ;ni l'i'n\iiici'». iiiR' 14. \l itos. uh'). you '1 Iiiisiiicss. ! ilr>iri's iiu' in \ ail iiniictl . 1 1 Mr. Kflly ■rilin'v ii! (Iicir ^as ailiii(l:;cil to S tJODLKV. ail i'roviiK'cs, '>f .vosteidav of in wliieh you lu I he case of iii;)_\ have, lu'l lM'matinii\>r, F iiii^lii have li. \ liic orders of tlie (.'aii.'.ili.iii tinxenniieiit «'illicr duriin;' the niiiiit or this iiinriiiiiy;. I iiiivo received im lioijn liatever i I'lii'. reiiupval ur I'f llie inteiilioii of tin aiillmritii ^ here of liis rciiKival. Mr. Schiller, t'l." .\.>si-taiit-('ierk nf the Crown, was aware of the iialmv of the rei»lv wiiicli your Iv.celleiu'v mule lo niy exaiiiinalinii, I informcil your K\ev.l!emy in my de-nadh of the 1-^fli in>laiit lh.it I had evidence of KiT.ji's entire i'liiociiiee. N .,v. Iili^limdiii ,■ tills, lie ha- heeii uniusci'. »\ilh(ait any inlini.uioi) to me, 1 i a remote [lace, ntul out of my [>rotee!*on; lliii> claiij^inj;' entirely tiie ]>u it ion of the iiiLioiur with reference to my.self from vh.il it n.i-, >,hcn t!ie iler.iaiul was made. 'I'liis act of ilie aulliovilies having tlu eii-toily of Kelly I reirard a-, a vinJalioM of his ri;;'lits as ail .Vnu'riciii ci:I;.u'j aiid a-- inauifestiiii;' a coiiten|iiiiiiii> di-ie;;iuil ot' the deniaiid nunle for Kt!!y l>y tiie Coveininen; of the I'nited Slates. I •'hall, therefore, refer ihe whole i:i;;tl.r, v,i;h all the fact.-, connected wllli it, to tin ( I.neniniciit at Washinu'ton. Ill the meaiillaio, u.ilo.'.s .-.oiiie Kitisfactory exjdanalit ii ^liall he iumik' without imiieee^-iary dehiy. of the collide jiiirsiied. and unlesv j shall recei\e furllier iii>lniclions from m\ (ioxrninent to the contrary. I shall deem it my duty |o clo«e tlii- Consiilate- Ocncral for all hiisincss except uilh .\incrican citizens who iua\ he in (':'.nada. I have, &c. (Siirned) .INO. \'\ I'Ori'KU, I'li'.lel :-l;i:e-, < 'oii->ul-(!eiieral. liriti li North .\iiierican Provinces. His E\cellencv \iscoiuit .Monck, &;c. ■ N:c. &c. Iiiclo-nre •"• in No. !(. Mr. (JmiLKV to .Mr. I'ottkk. Sii!. Oovernor's Secret my's Ollice. Ottawa. .Inne Id, IStiU. I .\.M direcied hy tile (lov riior-tieiieral to a<'knowledue the receijit of ymir letter of the loth iiist'int rel-iti\c to the c,i--e of .Mr. Kelly. I liine the liononr to inform you in rojily that I' • n niovni of .Mr. Kelly to IMiiliii-hiirL;' was llie act of the Maui^lrates chnrged with the i!i\('vtii;:itioii of the chare'e airain-^l him ■ th.it he \\a- removed in common with the oilier iiri-oner-i liecaii-c it was found iiii|io<>il)le to (diinin the attciidiince of the necessary v\ it iiers(-. at Montreal. That the .V'torney-Cieiieial lia~^ hail to-day a hotter from the ]Mai;i-trali cli,iri;ed with the invcstiffation to tliis ell'cct : — •• Kelly's casi' will he invest i;;a ted carei'ully at once. The evidence touchinii' him appiMrs to he coiillii-tiim-. It does not seem improhahle that he uas actiiii;- in a doiihle ca|iacity." I have, itc. John r. Totter. K-ij., (Sij-ned) DKNIS t;()l)Li:V, Secretary. I'nited States' Consul-tleneral, Montreal. No. 10. Cow of aDESPATCFT from Covernor-(!cneia! the Right Hon. Vi.scount IMunck to the Right lion. Ki)W,m;|) ('\i;invKi.i., ^I.P. (No. 04.) Government House, Ottawa, June L»l. 1806. SlT!. (I!,(oivo(l .Iiily ;i, ISGli.) I II.WK th" honour to report that the hands of Fenian consjiirators who were lately assemhled on the Tnifcd States' side of the IVonlier line for the avowed purpose of invad- ing this Province have dispersed and returned to their homes. I am bound at the same time to state that this comparatively bhiodless terminatiott of an enterprize. vliirh might have resulted in much loss of life and destruction of property,. Inclo. " in Ko, 9. No. la I 'ifl ■ff ill r» 30 is mainly duo to the cnorj^i'tic proooodinns of Iho Government of the Uiiitod States, for the i)ur{)ose of securing on the i)art of the citizens of tiiat country a proper observance of their international obli;iations and tlieir own municipal law. 1 have already in more tiian t>ne conununication noticed with approbation the spirit evinced by the peoj)K' of thi> I'rovince in tlic instantaneous and enthusiastic response which they made to my call to .vrms. The exjiericnce of the last few months has sati■^iied me tlial as rei;ards inlimtry, the local force of the Province, together with the ordinary garrison of regular troops, assisted by gun-boats on liie river and lakes, is sullicicnt to protect tin' I'ountry from any force which the I'Vnians can bring to bear on us. 1 mean, however, to act on the permis.sion given tome b\ Her Majesty's (Jovernment to retain at all events for a \'vw months, the two n'giments whicli in the ordinary course of relief wonhl leave the Province at this .^^eason. I (U'sirc also to bring befori' your notici' the achisability of sirenglhening tiie force of IJoyal .\rlillery >tationi'd in the Province, by tiiret" or four achlitional balU'ries. This is the arm of the service in which it is most ililhcull for Nolunleers to acipiirc ])rollciency, and it is also that in whicli our Penian iMiemv is entirely deficieiii. and the possession of wiiich would give us a prepomleraling advantage whencNcr we nu'et him. I am also of opinion that a supply of .\rnistrong guns. l»olh lii'ld and of ])osition, should be sent to the Province, lint on tiiis l)ranch of the snliject and the general (piestioii of stores I mean to avail m_\sell'of another opportunity of addressing you when 1 shall have obtained fiom tlu' military authorities a return, which 1 have asked for. of the amount of war material now in store in the Province. Withtmt venturing to give an opinion as to tlu' probability tiiat the Fenian invasion T.ill be renewed, it would be unwise to disregard the continued allegations of the leaders of the move:nent that such will be the ease, and it becomes tiiose who are responsible for the safety of the Province to make their arrangements accordingly, 1 have. &c. The Hight Hon. Kdward Cardwell, M.P., (Signed) MONCK. &c. &c. &c. t hav< The \ will be wit aspect of a The Secret (/OPY of a (No. 70.) Siu, REFM transmit a military oH the 9th am The Right ^&c Ko. 11 Incln. in No. 1 1. Ko. 11. Copy of a DESPATCH from Governor-General the Right Hon. Viscount Munck to the Right Hon. Euwaud Cakdwkll, ]\l.P. (No. (!.">.) Government House, Ottawa, June 21, 18GG. SlU, (Kocfivi'd .Inly ;!, 18CG.) I HAVE the honour to inclose herewith a copy of a ilesiiatch from liieutenant- General Sir John Michel, to the Secretary of State for War, a copy of which the General transmitted to me. I have. &c. The Right Hon. Edward Cardwell, M.P., (Signed) MONCK. ' &c. &c. &c. liulosLirc in No. 1 1. liieutenanl-tieneral Sir J. Miciikl to the SKcuKrAin ok St,\ti: ihi! \V,\k. My Lokd, Montreal, June \r>, 18(10. HEFEPRI.NC, to my despatch of the Uth instant, I have the honour to .state that Colonel Ebrington's force was advanced from St. Johns to St. Armaiul on the 9th mstant. A detachment of ,'U) Volunteer Cavalrv. two field-guns of tlie Royal Artillerv, ;5,jO Regulars, ami lnO Volunteers, under Major Nixon, Kilie Mrigade. was immediatelv sent to Pigeon Hill, wiiere the Fenians had been encamped, to Cook's Corner and Frelighs- burg. The roads ami country towards the frontier were then examined, ami sixteen stragglers pickeil uii. On arriving at the line a body of United States' troops was found drawn up across the road. The officer in command of them stated that l,50t) Fenians had re-crossed the border during the day. Sin, REFJ': explanation Captain 11 Guides, in i Lieutenant Milita: SiK, • IN re instant, dei States I)y ^ to stale tl Franklin i'l enters the along it w i crosses tlu permission + Lioiito Mc Douf;all. [82] iiited States, for lor observance of )l)alion tlu' spirit isiastii' resj)oiise ids iiit'aiitry, the 1' IroDits, a>sisteil y 111 mi any force ty's Ooveniiucnt ■ ortlinnry eoursc icninii' tlie force hatU'ric's. iUh IS lo iie((uirc I'licioni. ami the wo iiu'ct liim. and of ])osition, ii'iMU'ial (|iii'stiou you uhoii 1 shall jlied for. of the Fenian invasion IS of the leaders responsible for ve. &c. MONCK. t iMoNOK to the une -21, 186G. ) om liieutenant- lieh the General 'e, &c. MONCK. II! WaK. iiie l.">, l,S(')(i. )ur to state that nd on tlie !)th Artillery, ,150 ninediately sent -M- and l'\elighs- id, and sixteen drawn up across 1 re-crossed the 31 T have nothing further to rc])ort. The Volunteers and He;;ulars remain at present in their advanced position. They will be withdrawn when his lv\colleiu'y tln' (!ovi'riior-(leiieral sliall state that the political aspect of aliiiirs no longer re([uires their prest'iiee on the frontier. I have, &c. (Signed) ,1. :\IirilEL, Lieutenant-Oeneral, Connnaiuiiiig in iJritish North America. The Secretary of State for War. No. 12. No. 12. Copy of a DESPATCH from (ioveinor-(!eiieral the Uiglit Hon. Viscount MoNcic to the lliglit Hon. Edwaui) Cakdwki.i,, M.[\ (No. 70.) (iovernmcnt House, Ottawa, June i'8, 18(30. Sill, (ItiH'oivocl Julv 10, 1S6U.) KEFEniMNC, to my despiiteh No. r>\* of the Ittli instant, i have the honour to • Page 24. transmit a copy of a letter from Lieutenunt-C'oloiiei h'.arle, iuelosiug I'eports from the military oHicers named in the margin,! '" regard to their proceedings on the frontier on the 9th and 10th instant. I have, &c. The Right Hon. Edward Cardwell, :M.P., (Signed) MOXOK. ^&c. &c. &c. Inclosure 1 in No. 12. Lieutenant-Colonel Eaim.e to the ]\1ilitaky Six'Uktauy. SiK, Military Secretary's Oliiee, ^Montreal, June 20, 1S(3G. KEEl^lMH.Nf; to my letter of tlie' 12th instant. I am directed to inclose further explanations contained in communications from Major Nixon, of the Ifitie lirigadc, Captain Hallowes. 2<">tli KegiiiU'nt, and Cajilain McDougall. commanding the Uoyal Guides, in regard to their proceedings at St. Arinand on the Otii and 10th instant. I have, &e. (Signed) WM. EARLE, M. S. Lieutenant-Colonel the Hon. U. ^lonck, Military Secretary, Ottawa. Inclo. 1 ill Xo, 12. Inclosure 2 in No. 12. Major Nixon to Colonel Eurixgton. Sill, St. Armand, June l:^, 18t5(>. FN reply to your letter from ihe Acting Prigade Major at Montreal, of the 12th instant, deniaiiding information respecting the crossing of the frontier into the United States by some of the troops under my commaiid on the Otli instant, i have the honour to state that, when F readied the road nmiiing eastwards from the road leading to Franklin from Pigeon's Hill to that from Iv'cless Cm-ner to Cook's C(n-ner. and which enters the Cnited States about 100 yards to the westwards of Eccless Corner, 1 proceeded along it \\ith my skirmishers to a >p(i| about ."iO yards on the Canadian side of where it crosses the lines, where 1 halted, and requested, through Ijieuteiiant Money, ll.C.R., perniission from the otlicer commanding the United States' troops at Eccless Corner t I.ioutonant-Coloiicl Earlc to Colonel Monck, June 'JO, 1S6G; Mnjor Nixon ; Captain Ilallowcs ; Captain Mc Dou)ral1. [82] P Inclo. 2 in No. 1 2. 32 n (aomc'times called Rullick's SotllL'inont) to iiiarcli snnic troops by the road crossing the lines to its junction with the road loiulini;- to Cook's Corner, a distance of about 150 yards altoj^etlicr trom its entry to its exit from the American frontier, and passini;^ at the furthest point not (loe])cr than (]0 yards into the States. This request was immediately {jranted liy Colonel iiivingstone, on which 1 sent one sub- division of the Uh IJattalion Hille Hrii^-.ide (^thirteen files), under Lieutenant Smith, two troojjcrs of the Uoyal Guides, ^vho had been actint^- as orderlies. Captain I'unbury, of the 1st Battalion l?itle Urigadc, and my horse, as 1 iiad to dismouiil to go through tlie bush. iiieutenant Smith's sul)-di\ ision was regularly maiched in fours, and called to "Attention," with s]u)uldereil arms, when pa- sing the United States" troops. I re(piested this permission to cross the frontier as there was a stream to my front — north— running between binh rocks, and \\hich cuiild not possibly be crossed by the Royal (iuides al)ove-mentioned, my own nor C^iptain iUuibury's hors(>s, and by infantry only at one spot, without making a long detour, on a small beam part of the framework of a ruined mill, and would have caused great delay to Lieutenant Smith's sub-division, which I was anxious to send as (piickly as jiossible to join the Uoyal Guides under Captain ^IcDougall. who was about to return to Cook's Corner. I then advanced north- wanls through the woods, tlu' American frontier behind us. No shots were fired by our troops until we were at least a quarter of a mile from the lines, and facing from there, nor were any prison. >rs taken near tlu' border. exce])t one by the ]>oyal (iuides when advancing to lu'cless C>rner, where tlu'y were tired on by two Fenians, one of wliom they m-.de a prisoner evi the Canadian side of the lines ; the other escaped by crossing tiie bor/ier, over which he was not pursued. Xot a single soldier crossed the frontier except those I have already mentioned as having done so liy permission of Colonel Livingstone, United States' Army, as I was most cari-ful ill keeping tiie nnii well on our side of the lines, which L was able to do, as a farmer named Lowel, who is thoroughly acipuunted with the country, and knew the frontier-line well, and who had two days previously been into the Fenian camp, accom- panied me as guide. 1 have, iVc. (Signed) H. J. MIXOX, ATajor. 4th J3altali(m P. C. O. Eiflc Brigade. Colonel h'brington, Rifle Brigade, Conmianding St. Armand, Canada East. Inelo. 3 in No. 1'2. Inclosiire ;'» in 2s'o. 12. Captain ILvi.i.owi'.s to Colonel Ebrixgton. Sir, St. Armand, June 14, 18Gtj. IN nccordance with your orders contained in (lie Ab'niorandum received (his day, 1 have the lion nir to repoit (hat. alter skirmishing throuLih the woods at and about Cook's Corner, 1 collected my men and marched them through a road di\ iding the bush until I reached the open ground, where, finding mysi'lf close to the lines, i sent an officer in advance to the American i;uard and obtained permission to march my ])arty through and along the main roail as far as the turning to the nearest direction for I'igeon Hill, where 1 expected to rejoin Afajor Nixon. 1 beg to add tlhat [ did not attack any Fenians, or take any [irisoners, on the American -ide of the frontier line. I have, &c. (Si-ned) G. S. II ALLOWES, Captain, L'Ath King's Own Borderers, C!ommanding Detachment. The Ofllcer Commanding the Troops, St. Armand. Sir, I nA\ no oiTicer o United Stat Second piidvct on Sii "ladva of Mie exact picket, [ wa: '• So fai the line, I ci Captain Ilea Major &c Corv of a F (No. 87.) My' Loiii), 1 ilAV 7th instant.* Canadian I'ai many year~ i whet iter foroi arms against In the had to any hands of the Province, wh complete a fa ordinarv trib Wiien tl than one poii necessity, wit 1 (iesire makes this of of trying fort subjects of til The Right 11 &c. 33 id crossing the s of about 150 passiiiij at the as imim'diately J Uh Uattalion ' Uoval (juidos. Rillc Jirigadc, and called to )S. 1 (o my front — crossed by the 111(1 by Infantry tlic fraiiiowork li's siil)-division, 1 Guides under idvancod north- a niilo from the ■, except one by ired on by two ines ; the other ly mentioned as y, as I was most ibie to do, as a and knew the n camp, aecom- [vifle Brigade ine 14, 18GG. ed (liis (lay, 1 d about Cook's le bush until I t ail oflicer in y tluDiigb and nil Hill, whore uiv Kenians, or )etachmcnt. ■t'- .:ii Inclosure 4 in No. 12, Captain McDougali. to the Brigadk-Majou. S,^^ Camp, St. Armand, June 11, 186G. I riAYE the honour to report that (referring to your Meuioranduin of this date) no oflicer or non-coininissioned otficer of the guides passed the boundary-line of the United States upon Saturday last. Secondly, that 1 have examined Corporal Drummond, who was in command of the piijket on Sunday, and states as follows : "I advanced along the road for 200 yards (with four men) beyond the boundary-line, of *^he exact jiositioii of which I was ignorant till, on my return to the main body of the picket, [ was iiilonned of it by seeing an ir(m post upon the road side. '• So far from having taken a prisoner or prisoners upon the United States' side of the line, I can positively state thai we did not see a living soul there." L have, &c. (Signed) D. L. Mc1)0U(;AI;L, Captain, Captain Healey, Commanding iioyal Cuides. Major of Brigade, &c. &c. &o. 1^0. 13. O'JPY of a DESPATCH from C.ovenior-(!eneral the IJiglit Hon. Viscount Monck to the Right Hon. the Earl of Caunakvo.v. (No. 87.) Government House, Ottawa, July 21, 18(i(J. My LoKI), (licccived AuLMist C, ISGG.) I HAVE the honour to acknowledge the receijit of your Lordship's despatch of the 7th instant. •■'■ m reference to the Act passed on the first (lay of the present session of the Canadian r,iiliament, ivhich extends to Ijower Canada the law already in ojieration for many year- in Upper (!anada, authorizing the trial by Militia Court-martial of persons, whetiier foreigners or subjects of Her Majesty, who may be found within this Province in arms against the Queen's forces. In the opinion which your Lordshii) expresses that recourse .should not be had to any extraordinary tribunal for the trial of the Fenian prisoners now in the hands of the (Joverninent of this i'roviuce, I iiio4 entirely concur, and the invasion of the Province, which occurred in the beginning of the month of .lune, speedily proved so complete a failure that it soon became apparent, both to myself and my advisers, that the ordinary tribunals would be able to deal with the subject. When this Act, however, was passed, larne bodies of Fenians were threatening moro than one \)oint on the iVontier, and it was considered advisable to lie jirepared in case of necessity, with legal means for bringing prisoners summarily to trial. I desire to draw your Lordship's attention to the third clause of the Bill, which makes this oilence felony, and confers on the ordinary tribunals of the Pro\ince the jiower of trying foreigners for it. A Bill is now before Parliament extending the provisitm to subjects of the Queen, which 1 have no doubt will shortly become law. I have, &c. The Right Hon. the Earl of Carnarvon, (Signed) MOXCK. &c. &c. &c. Inclo. 4 in Ko. 13, Dcpt. ^'iliiia & Detenc« LIBRARY. AUG 8 1904 Cook Shelf-.. • I ° A U -A. D A.- F 2 Ko. IS. Page 79. yi\: % i\ 'M ^0. 14. Page 33. 94 No. 14. Copy of, a DESPATCH from Gov.nnor-Goneral the l^iglit Hon. Viscount Monck to the Ixiglit Hon. tlie Earl of Cahnahnon. Government J louse, Ottawa, August 15, 180G, (No. 112.) (Itcioivcd A.ijr,ist 29, ISGU ) My Lord, (Answerod, Xo. 53, Sc|)teTiil)pr 13, 1SG6, |)ape 81.) IvEFERTHNG to the concluding paragra])h of my despatch Xo. 87 of the 21st .hily,* relative to tlie Act for the trial of j)erson.s engaged in lawless aggressions I'rom foreign countries on this Province. 1 have the honour to inclose copies of two Acts jiassed by the Legislative Council and Assemb!\', to which 1 have this day given the Koyal Assent, viz. :— '•' An Act to amend the ^\ct of the ])resent Session, intituled ' An Act to protect the Inhabitants of Lower Canada against lawless aggressions from sui)jects of foreign countries at peace with Her 3Iajesty." " " An Act to amend the ninety-eighth Chapter of the Consolidated Statutes of Upper Canada." I have, &c. The Eight Hon, the Earl of Carnarvon, (Signed) .MONCK. &c. &c. &c. Imlo, 1 in No. 14. IllJ.U Inclosure 1 in No. 14. (No. ;5197.) An Act to amend the Act of the present Session, intituled '•' An Act to protect the Inhabitants of Lowek Canada against liawless Aggressions from Subjects of Foreign Countries at peace witli Her Majesty." HER ]\Injesty, by and with tlie advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : — L The third section of tlie Act passed in the present session of tlie I'arliament of this Province, and intituled " An Act to protect the Inhabitants of Lower Canada against Lawless Aggressions from Subjects of Foreign Counlrios at peace with Her Majesty," is hereby repealed, and the following section shall Ite and is hereby substituted in lieu of the said section hereby repealed, and shall be taken and read as tlie third section of the said Act : — " IIT. Every subject of Her Majesty, and every citizen or sabject of any foreif>"n State or country, who has at any time heretofore olfended, or may at any time iiereafter offend, against the provisions of tliis Act, is and sliall be held to be guilty of felony, and may, notwithstanding the provisions hereinbefore contained, be prosecuted and tried before the Court of Queen's liencli, in the exercise of its criminal jurisdiction in and for any district in Lower Canada, in tiio same manner as if the otfence had been committed such district, and upon conviction shall sutler death as a felon." ii Xo. 14. Inclosure 2 in No. 14. (No. 3198.) An Act to amend the Ninety-eighth Cliapter of the Consolidated Statutes for Upi'ek Canada. HER Mfijesty, by and with the advice and consent of the Logi.slative (.'ouneil and Assembly of Canada, enacts as i'ollows : — I. The third section of the nint-ty-eighth chapter of the Consolidated Statutes for Upper Canada, intituleil " An Act to protect the Inhabitants of Upper Canada against V Lawless Agj; is hereby re| the said sect said Act : — '• III. 1 State or cou offend, again may, notwitj before any county in U] such county, 11. In ( next precedi which such take effect a1 of the Const and Appeals Copy of a I (No. 1.54.) My Lord, WITH subject of th( intituled an j from subjects 98th chaptei Provincial Pi of tlie report Province. The Right H &c. THE U Secretary, da of Canada, intituled an from subjects 98th elia'pter In this I live operatioi be punished The Un report as foil And firs Statutes of 1 ment of Upj was repealed cap. 12. In isng Act 22 Vict. as jMonck to the ist 15, 1866. ) tiG, pape SI.) the 21st July,* IS I'rom foreign s ijussod by the Uuyal j\ssent, t to protect the )rcign countries itutos of Upper e, &c. MONCK. to protect the nil Subjects of Ive Council and a i'iirliiinicnt of 'jiiiiula against er Majesty," is uted in lieu of section of the of any foreign time hereafter of felony, and iteil and tried lion in and for ecu connnitted lies for Uppki; j ve (.'ouneil and ed Statutes for 'anada against Lawless Aggressions from the Subjects of Foreign Countries at peace with Her Majesty," is hereby repealed, and the following section shall be and is hereby substituted in lieu of the said section hereby repealed, and shall i)C taken and read as the third section of the said Act : — •• III. Every subject of lier IMajesty, and every citi'/.en or subject of any foreign State or country, who has at any time heretofore oifended, or may at anj time hereafter otfend, against the provisions of this Act, is and shall be held to be guilty of felony, and may, iu)twitlistanding the ])rovisions hereinbefore contained, be prosecuted and tried before any Court of Oyer and Terminer and General Ciaol Delivery, in and tor any county in Upper Canada, in (be same manner as if the oll'ence had been committed in such county, and upon convict ion shall suffer death as a felon;" I [. In case any person sliall be i)rosecuted and tried under the provisions of (he next preceding section and found guilty, it shall aiul may bo lawful for the Court before which such trial shall have taken place, to pass sentence of death upon such person, to take effect at such time as Ihe Court may direct, notwithstanding the provisions of an Act of tlie Consolidated Statutes for Upper Canada, intituled '"An Act respecting new Trials and Appeals and Writs of l^iror in ( 'riminal Cases in Upper Canada." No. 15. Copy of a DESPATCH from Governor-General the Right Hon. Viscount Monck to the Earl of Carnarvon. (No. \rA.) Quebec, October 6, 1866. My Loud, (Hocoivcd October •J4, 18GG.) WITH reference to your Lordship's despatch No. .'33* of the 13th September, on the subject of the Acts intituled respectively " An Act to amend an Act of the present session intituled an Act to protect the inhabitants of Lower Canada against lawless agn'ressionsi from subjects ol' foreign countries at |)cace with Her Majesty." and " An Act to amend tho 98th chapter of the C^onsolidated Statutes of U[)per Canada," recently passed by the Provincial Parliament ul' Canada, I have the honour to transmit to your Lordship a copy of the report made thereon, by my direction, by the Law Cdiecrs of the Crown in this Province. I have, &c. The Right Hon. the Earl of Carnarvon, (Signed) MONCK, &c. &c. &c. Inclosure in No. I."}. Report of the Law Okficeus ok the Crown. THE Undersigned have bad under their consideration the despatch from the Colonial Secretary, dated l.'3th Septembir list, on the subject of two Acts passed by the Parliament of Canada, intituled resj)ectively " An Act to amend an Act of the present session intituled an Act to jirotect the inhabitants of Lower Canada against lawless aggressions from subjects of foreii^n countries at peace with Her Majesty," and " An Act to amend the 98tli chapter of the Consolidated Statutes of Upper Canada." \n this despatch Lord Carnarvon objects to the Acts on the ground of their retrospec- tive operation, and he states that under the law as it now stands a man miglit apparently be punished as a felon for an act which was not a felony wheti it was committed. The Undersigned have now, in obedience to your Lordship's commands, the honour to report as follows : — And first with regard to the Act to amend the 98th chapter of the Consolidated Statutes of Upper Canada, In 1838, and before the union of the provinces, the Parlia- ment of Upper Canada passed the temporary Act known as 1st Viet., cap. 3. This Act was repealed, but re-enacted with some aiuendinents and made ))ermanent by 3rd \ ict., cap. 12. In 1859 the whole of the statutory law of Upper Canada was consolidated, and the Act 22 Vict., cap. 98, forms a portion of that consolidation. By tl.e 8tb. section of the No. 16. Page 81. Inclo. in No. 15. !' ; I' fi 1^ No. 16. i- P««e 81. 36' I bt chapter of those Consoluiatod Statutes it is provided that "the .said Consolid.ited Statutes shall not he held to operate as new laws, but shall be eonstrued and have cHlx't as a consolidation, and as declaratory of the law as contained in the said Auts and part of Acts so repealed, and for which the said Consolidated Statutes arc substituted." So that the law of Upper ('anad;; on this subject has l)ecn continuously in operation since the 10th Kebrnary. 1840, the date of the passlnu; of the S'aluti^ 3 Vict., cap. 12. The tirivin;; retrospective operation to a\i cnactiuent so long in force, can, in I-oi-d Carnarvon's language, liardly have any practical eonsecpienccs. Before the Act of last session, the law of Tpper Canada provided, according to the terms of the Consolidated J^tatute above-referred to, two modes tor the trial of partiea invadii'g I'pper Canada with intent to levy war against the Queen or to commit any felony therein. The first was by court-martial, and was applicable to all parties, whether Ibrcigners or subjects. On conviction, tlie penalty of death was incucred. The second mode was nf)f»lieable to aliens onlv, and provided tliat, insti ad of being tried by court-martial, an alien might be tried for telony before any Court ol Oyer and Terminer. An alien, therefore, might be tried at the discretion of the (Government either summarily by court-martial or for telony by judge and jury. A Briti>h subject would be tried by court-martial or for treason. The object of the Bill of last Session was (o picae all jjartics, whether subjects or aliens, on the same footing. As regards the aliens now awaiting their trial, the law is not altered; and as regards British sulijcets, the alteration merely enables the down, at its discretion, instead of trying them lor treason, to indiit them fur tlie minor offence of felony. Lord Carnarvon':! objection to the retr.ospcctive character of the Act amounts to this : that under it an al'cn mia;ht possibly be tried for an oifence connnittcLl belore the 10th February. 18 10. But, supposing that no j n Act had ever exi-tcd, an alien committing tlie offence of invading the country with the iiostile intent above mentioned would have been guilty of the crime of high treason (such, at least, was the opinion of the Law Ofliecrs of the Crown in 1838, Sir .lohn Campbell then being Attorni'y-Cenoial), and an ,\ct rendering him liable to the penalties of telony, altiiough ri'trospectivc, caimot, therefore, be considered as injurious to the position of the alien. Tiicre can be no objection, ho. .ever, to a modification of tliis ,\ct ne.\t Session, so as to limit the clause to otfenees committed since the lOlli Februiuy, 1840. Meanwhile, as it is not intended to put tiie Act in force except as regards persons taken in arms dui'ing the present year of 18(i(i, no objection can be taken to tiie trial of those j)ersons, and your Lordship can convey that assurance to the Colonial Secretary. There is no necessity for the .Acts being submitted tor Her .Majesty's sanction, as y..ur Excellency has already given them the Royal assent; and the LhuliMsigned understand, from Lord Carnarvon's despatch, that no objection exists to tlie tiial, muler the recent statutes, of those parties who have committed acts of hostile agi:rcssion since such acts were declared by statute to be felony. With resjiect to the (irst-mentiDned Act in this report, the undersigned have only to say that the offence of a hostile invasion was first made a felony in Lower Canada by the Statute 29 and 30 Vic, cap. 2, which was passed on the 8th ,hine, KSflG, and it is intended to try those parties only who have committeil acts of hostile invasion since that date. (Signed) .fOIlN A. Mc DONALD. GEO. ET. CARTIER. Ottawa, October 5, 1866. No. 10. Copy of a DESPATCH from Governor-General the Right Hon. Viscount MoNCK to the Right Hon. the Earl of C.minauvon. Government House, QueVec, October 18, 1866. (Ntl. 105.) (Itocoived November 1, 1866.) My Lord, (An^jwcmi, Xo. lOl, Noven-.Vr 23, 1866, piipe 81.)' RKFERRING to your Lordship's despatch No. 53* of September the 13th, relating tor two Acts^ intituled respectively^ 'An Act to amend an Act of the present Scssion> I intituled an from Mibject the OHthcliji expresses an might appar eommilted :' neither of tl rctrosp* ctivc your despatc despatch No reference to 'i'hese 1 to the forme '1 he crii Upper Canac Lower CaiUK Roval assent ■" The pri: since the pas were all arrc Th(> ca> In their quentiv to l! l;ut I ai 1 am ill to the siatut indicted for i necessity of It \\nul( by thi^se Act The eir( felony at the technical nil If the they must treasoji. .\iiy ot dilficnltics ; appear to mc last session. The Ki-bt 1] V\:c. Corv of a ("N".). ]8."..) Mv liiii;i), I HAY of the e\ idei lately coiivi( for Canada I am a\ part of the Washington Sir F. IJrueo It is th should not b 37 1 Consolidated i luivf cHi.ct as its and part of ted." So that ilioii siiK'C the , can, ill Lord cording to the liai of parties iniit any felony isti ad of being rt of Oyer and •crnnuMit cither ibjcft woukl be ler subjocts or , tlic law is not • Crown, at its liiuir ofl'cnue of nounts to this : )C'forc the 10th ,' liu; ofi'cnce of i)t,'in guilty of OHicers of the Act rendering p, be considered Session, so as Meanwhile, as ill arms during ■ie persons, and sanction, as led understand, der the recent Mnce such acts :d have only to Canada by the SOG, and it is invasion since ( DONALD. ARTIEK. MoNCK to the )or 18, 1866. .) GG, p-iRP 81.) 1 B lyth, relating resent Session^ intituled an Act to protect the inhabitants of Lower Canada against lawless aj^trrcasions from subie<'ts of foreii;ii countries al ])eMee with Her Majesty," and '• An Act to amend the !)Sth clia])ter of (lie Coiisulidaled Statutes of Cpper Canada." in wliieb your Lordship expresses an opinion tliat under the provisions of tiiese la"s as they now stand, "a man niiii'lit apparently be ])unislu'd as a felon for an act which was not a fehmy when it was committed ;" and your Lordship tlicrefore 'ioes on to say, •• 1 have to instruct yon that neither of these Acts niiist on any !icc(uuit i)e enforced in cases where they would have a retrospiCtive oi'oratii .i." I have the iKuiotn- lo report that I have lost no time in laying your tiespateh bi fon- the Law OHieers, and have already transmitted their report in' my despateli No. l"il* ol' the (Itli of October. The practical aspect of the (|iiestii)n is in reference to the I'Vnian pvisiouers now in conlinement in tin- Province. 'i'iu'se men are divided into two classes- -Foreiiiners. Hritisb subjects. AVitli re2;ard to the former class, no (pr stion eonnecled with these statutes can arise. 'J he crime of invailin^- the Province was made felony in the case of foreigners in Upiicr Canada by the '.•"^di eliapter of the ('o!is( lidated Statutes of Upjier Canada, and in Lower Canada by the 1st chapter of the Acts of tiie late session, to which I gave the Royal assent on the Sth of .lunc. The jaisoners in I'jjper Canada all obviously committed the acts alleged against them since the passing of the .\ct for that portion of the Province, and those in Lower Canada were all arrested sub-equently (o the sth of .lune. The case of sui'ii o!' f lie ])risoncrs as are ISritlsli subjects is somewhat different. In their ease the statutable felony was a])parently created by a statute passed subse- quently to the commission of the acts for which they were arrested. I'.iit 1 am aiKised that those acts in their case coiistitiiteil th<' crime of hinh (reason. I am I'lirther advised ibit all treasons arc a(, commoii law felonies; th(Uii:h previous to the statutes referred to. a Briii'^h subject who had committed treason could not be indicted for the felony whicli bis treason involved, from a technical rule which imposes the nece.>-i(y of imlielinu- him for the liinher crime. It uoiild t'lercfiae appear that in the ease of British subjects no new fehmy is created by thesi' Acts of Parliament. The etl'eet an bleb they have is to permit the trial of a ))risoncr for an act which was a felony al the lime it was committed, but the indictment for which was prevented by a technical riih of law. If the iirismieis, l)eing I'rili'h sulijeets, be not tried under the Acts of last session, they niusl cither be libirated without trial, tried by court-martial, or tried for high treason. Any of these modes of treating tliem seemed to me to involve very serious dilliculties; and as this class of ^irisoners. on the grounds which I have mentioned, do not apjjcar to mo to come within the reason of your Jiordship's prohil)iti(m to use the Acts of last session. 1 have authorized the Attorney-General lo indict them under these statutes. 1 have, S:c. The Itigbt Hon. the Karl of Carnarvon, (Signed) MOXCK. ^c. &c. &c. No. 17. Ooi'Y of a Dl\SP.\T(iI from Oovemor-C.eneral the Right Hon. Viscount Monck to the l'i!;ht Hoc. (he I'^arl of C.\uxai;vo\. (lovernnient House. Montreal. Xovcmbcr ."», ISGO. ( UticiMil >i'ov ■'. Coiisiilt'iinj; the natuiv of tlic ofloncc ol" <«IiicI: ll:o'o j>.'i.ions Imvo been convicted, and the t'iU't thill the soeiely I'rom wh.icli this attack upon the Province emanated still niaiiitiiins its or<;ani/;itiun, and tliat the expressed o])inions of its leaders show no appearance of ahatenieiit in (heir sentiments of hostilily to Canada, 1 think these conviels should not he allowed to eseai)e without the intliction of some adequate punislnnent. 'JMie ease of the prisoners arrested durini!: tiie i'Vnian attack in hist summer has already been the >ubject of oflieial comnniniealidn to me on the part of your iiordship; and looking to tlie recent representations made to Her Majesty's fJovermnent by the Secretary of State to the I'nited States, it appears to me that I shall best ])erforin my dutv in the matter, and take tlie course least likely to embarrass Her Majesty's (iovcrn- nient in tiieir communications with the authorities of the United States, if I abstain from dealinj;- with tiie coinnnitation of these sentences until I shall have received your Lordsiiip's instructions respectiiii;- them. As it is of some importance that your Lordship should be in possession of this information without delay. 1 write this despatch away from my otfiee, and avail myself of the departure of Mr. .Macdouyail, the Troviiicial Secretary, for England, to transmit it to your Lordship. I will send this communication in duplicate, jiroperly numbered, by the next mail. I have, &c. The Kitiht Hon. the Karl of Carnarvon, (Signed) MONCK. '&c. &c. &c. Inclo. 1 ia No. 17. Inclosure 1 in No. 17. Judge Wilson to Mr. Codley. Sib, Toronto, November 2, 18G6. T SEX1) you herewith copies of the proceedings in the trials of the Queen v. Lynch and McMalum. 1. Copies of the indictments. 2. Copies of my no'es of the evidence at tlie trials and of papers read. I have nothing written of any thing else, but the '• Leader" and •' (llobc " of the 9th Octobi'r contain my charge to the (!raiid .hiry at the opening of the assizes on the 8th October. These papers of the days next aflor tlie trials contain a fair account, I believe, of what was said in charging the juries, and on jiassing sentence, ^Ir. Solicitor CJeneral was present at both trials, certainly at that of l^ynch. He will be able to give you any further information yini nisiy rtuiuire from his point of view. I will send the ])apcrs to which I have referred, if the Sheriff can find them. Very faithfully yours, Dennis Godlcy, Esq., (Signed) J. W. WILSON. Quebec. Inclo 2 in No. 17. Inclosure 2 in No. 17. Indictment against IIouekt 13. Lynch. Canada, County of York, one of the Tnited Counties of York and Peel, to wit. THE .jurors of our l^ady the Queen upon their oath jjresent, that Robert B. Lynch, late of Louisville, in tiie State of Kentucky, one of the I'nited States of America, and now of the city of Toronto, in the county of York aforesaid, being a citizen of a certain foreign State, to wit, the I'nited States of America, at peace with Her Majesty the Queen, with force am' arms luTctofore to wit, on the first day of .hine, in the year of our Lord one thcuisaiid eight hundred and sixty-six', and while the said foreign State was so at peace with Her said iMajesty the Queen, at the village of Fort Erie, in the county of Welland, in that part of the said Province called and being Upper Canada, with divers other evil disposed persons, whoso names are to the jurors aforesaid unknown, did unlawfully and feloniously enter that part of the Province of Canada, called and being Upper Canada aforesaid, with intent to levy War against Her said Majesty the Queen contrary to peace of our And tin Kobert 15. L America, at June, in the said foieinn in tlic count 1 having befor evil-disposed arms against War against made and j: dignity. ,\n(l the Ifoliert 15. L; America, at June, in the said foreign i in the conn! Canada, liav divers otlier there unlawfi and felolli()u^ Canada afor^ last aforesaid persons armt of Her Majes with intent ti in such case crowa and di Canada, Cou Countie THE Ji late of liutfa of the city of State, to wit force and ai thousand ei;. with Her sai in that part ( disposed pci feloniously aforesaid, wi form of the Lady the Qu And thi said John M of America, of ,lune, in said foreign in the eo; Canada, hav divers other feloniously i intent to lev [82j con convicted, omunntod still uk'is show no I think these onie adeciuate t summer has our Lordship; rument hy the st perl'orm my jehty's (Jovcrn- 1 abstain from received your session of this avail myself of I) transmit it to ic next mail. L', &e. MONCK. nher 2, 1806. i^uccn V. Lynch aiohe " of the ! assizes on the lut, I believe, of tor (leneral was i^ivc you any them. i. WILSON. obcrt B. Lynch, jf America, and zen of a certain jesty the Queen, far of our Lord State was so at n the county of ada, with divers J unknown, did •ailed and being jesty the Queen 'M\ 39 contrary to the form of the Statute in such ease nuule and provided, and against the peace of our said Lady the <4)ueeii iu-r crown and dignity. And the .lurors aforesaid, uimiu their oath atoresaid. do I'lirther jjrescnt tliat the said Kobert 15. Ijyndi lieiiiu' a citi/.en of a ci-rtaiu foreign State, to wit. llie I'nili'il States of America, at pi ace uitb Her .Majoly tlie (^uitm lieretolnrc, to wit, on tlie M'coud day of June, in the year of our Lord one thousand einht humlred and sixty-six, and while the said foreign State was so at peace witii Her said .Majesty tlie (^)ueen, with force and arms in the county of Wdlinil, in tluit part ol the said Provinci- called anil bciiij; Tpper Canada, bavin;;- bct'ore tliat lime joined iiimself to ami bein^■ tlien and liiere joineil to divers oiher evil-dis])osed persons, to llie .lurors aforesaid unknown, «as nnlawliilly anil feloniously in arms against our said Lady the Queen within I 'p))er Canada aforesaid, wUh intent to levy AVar a;;ainst our said Lady tlie (./uecn, contrary to llie form of the Statute in sucli cast; made and provided and against the peace (if our Lady the (Jueen her croun ami dignity. ,\Md the .Tnrois at'ori'sai;!. upim il,.ir naiii aiorcsaid. do further present tiuit the said liohcrt IJ. J^yndi, ijcing a citi/en of a certain forci;;!! State, to wit, the United States of America, at peace with Her .Majesty the (^tueen Jieretol'oi-e, to wit, on the ■^ecniul il.iy of dune, in tlie year of our Lord one thousand eight hundred and si.\ty-six, and while the said foreign .State was so at peace with Her said Majesty the Queen, with force and arms in the county of W'elland, in that part of the said Province called and being I'pper Canada, having betore that time joined himself to and being then and there joined to divers other evil-disjjosed persons, to the .lurors aforesaid unknown, who were then and there unlawfully and feloniously in arms against our said Lady the Queen, did un'awfully and feloniously commit an act of hostility against our said Lady the Queen within Upper Canaila aforesaid in this, that he the said Robert il. Lynch, ou the same day and year last aforesaid in the county of Welland aforesaid, together with the said other evil-di>po.-,ed persons armed and arrayed in a warlike manner, feloniouslv did assault and attack certain of Her ALijesty's liege subjects in the peace of our Laily the Queen, then and there being with intent to levy War against our said Lady the Queen, against the form id'the Statute in such case made and piovided and against the peace of our said Lady the f^)ueen, her crowQ and dignity. (Signed) J. W. WILSON, J. C. P. Inclosure 3 in No, 17. Indictment against John McMahon. Inclo. 3 in No. 17. Canada, County of York, one of the United Counties of York and Peel, to wit. THE Jurors of our Lady the Queen, upon their oath present that John ^Ic ^lahon, late of liutfalo. in the State of New York, one of the United States of America, and now of the city of Toronto, in the county of York aforesaid, being a citizen of a eer.ain foreign State, to wit the United States of America, at peace with lier .Majesty the l^ne.'n, with force and arms heretol'ore, to wit, on the tirsl day of June, in the year of our Lord one thousand eight hundred and si.\ty-si.\, ami while the said foreign State wa^ s(» al peace with Her said Majesty the Queen, at the village of Fort Krie. in the cou'jty of Welland, in that part of the said Province called and being Upper Canada, with div.'rs oilier evil- disposed persons whose names are to tiie Jurors aforc>aid unkiu)WTi, did unhiwlully and feloniously enter that part of the Province of Canada, called and being L'jiper Canada aforesaid, with intent to levy war again>t Her said ^lajesty ih" Queen, contrarv to tiie form of the statute in such case made and provided, and against the peace o*:' our .-aid Lady the Queen, her Crown and diginly. And the Jurors aforesaid, upon their oath aforesaid, do further ])re-eHi lliat the said John McMa'ion, being a citizen of a certain foreign State, to wit, the United States of America, at I'oace with Her Majesty the aid. upiin llii'ir oath id'on"-aid. (hi I'urtlu'r iirescnl. Unit the siiiti .l>'lin Mr .Malion. Iiciny a citizen of a certain litrci^ii State, to wit, liic I'nilcd States of America, al peace N\itii Her Maje-ly liie (^>iieen, liciclotore, to wit. on tiu' -econd day ol .lime, in the year oi'onr l.oni one lliou>:ind ei;:lil Iminired and ^i\ty-.>.ix, and uhiio the said I'orci^in '•>taie was m» al peace wiili Her said Mujesty tiie (^»iieen, «ith force and arms, in tin- connly of Welianu, in tliat pari of tiie saiii I'rmince called and lieinu' I'pper Canada, liavinu before tiial time joined iiiiu -.elf to and liein;;' tiien and tluTc joined to divers otiier evil-iiisposed persons, to the .liirors aforesaid nnivnown. wiio ui-rc tiicn and there nnlaw- fullv and feidiiionsly in arms ayainst. our said l^ady liie (.Jucen, did unlawlully and feloniously commit an act of hostility apiinst our >aid liiuly tlie (^>ueen. within rp|)cr Canada aiori'-aid, in this tlinl he the >aid John Mc Mahon. on the same da\ and year last aforesaid, in the county of Weliaml aforesiiil, together witli the said other evil-disposed ])ersons. armed and arrayed in a warlike nuiniier, feloniously did assault ami attack certain ol' ller .Majesiy s lie;:e suliiecis, in the peace of our liady the (^>ueen, then ami there being', with intent to levy war against our said l^ady the Queen, auainst the form of the statute in such case nnide and provided, and ai;ainst the i)eace of our said Lady tho Queen, her Crown and dignitv. (Signed) J. W. WILSON, J. C. P. Inclo. 4 in No. 1 '4 Inclosure 4 in No. 17. Coin (d" Judge \Vii.so.\'s Note:, in the Trial ol' the Qri:i:.\ /. l{ojii:iir H. [..vncii, I'-ith October, IsiUO. Indictmeni for felony on the lM>reiL;n Aggression Act, ridf Indictment, .f. II. Cameron, QC, S(.licil(ir-(ienerai, and M. A. Harrison, for the Crown; Uicliard Martin for ]aisoner. .I.\!MKS Si'iVLIiS, suoiii. I am in charge of tlie gaol where the Kenian jnisoncrs are coidlned. The prisoner is out' of them. He banded me these pajiers. Tiie one dated .Inly 1. iMid, is an oiiginnl : the l. Thomas L. Newbiggiiig. sworn. 1 resided at l''orf ImIc on the Ist day of .June last. 1 saw the jiri-oner in the I'lnian cam]) on my father's farm at i'ort Im-Ic about ."> r..M. of that ilay. I went to the cam]) to induce the Fenians to take care of thret' horst's which they had taken of my fallier s. I asked the iiiekets on the Krenclnnans Creek Uridge where I could find (iener;'l O'Xi'i! or Colonel Hoy. They said (Jeneral O'Xeil was busy, and Colonel Woy was in the cani|), but they ivferri'd me to Colonel Lynch. 1 then went to Colonel Lyncli, the prisoner now in the dock. He dirccteil me to General O'Neil's Adjutant, and jiointed ium out to me. The |,ris(nier had civilian clothes on. such as he has now ; a hnv felt lial. He \\ore a sword by his side, shing by a belt around him. I asked liini how long the I'enians were going to stay. He said. •• You know as much ab 1 do; it may be two honi-s, or two days, or four days, I do not know.'' I had no further conversation. The men pointed him ont as Colonel Lynch. 1 addres.sed him as such, and he ao' . ered me without correction. The sentries ou the briilge were armed. 'Iheir men in camp were working a b, ml ; s(nne ssashing, cooking, carrying I'ails for bri'ast-works, and cutting down trees. I saw rilies with bayonets about the cumj). They took three of our horses : slaughtered eleven himbs, and four sheep. They took some of our harne.ss ami a tow-boat. When they left they tool: hor.ses with ihem ; they brought none to the cnmp. I saw them In fore tliev landed, and I saw them moving to the camp 011 oiir farm. They got on board canal-noats at I'raifs Dock, on the American side of the >.'iagara Hiver. 1 was told at 12 o'clock i'.m. hy the Custoin-house oliicer that the Fenians were coming over. I was in bed. 1 dressed and went to the road. The evening- was calm ; the wind blowing from that dock towards our lioiise. When I got to the road I could see steam escaping from two tugs, and I heai'd the wheels of waggons coining on to tin- dock on the .\n.erican side, .lust l)efore daylight the two lugs started with two boats, each tilled with armed men. They steamed to the Canadian shore, and as they approached they shut olf steam, as if hesitating where to go: then they started up the river to the Shingle Dock or Lower Ferry, and there they landed. 1 did not thiuk I'll, lior ('rowii •siiil, that the riiilrtl States lit' -I't'iiiul (lay and uhilv^ the ci' ami arius. in l'|i|K'r Caiiiulu, lo (livers other IIh'IC lIllllMV- iiiliiwliiily and uilliiii Ippcr \ and year lust 1- I'vil-disposcd attack CLTlain R'ti and tlu'io K' i'onn of the Httid Lady the JN, J. C. P. 5. LvNC'ii, 24th I. II. r'anuTon, ird Maitiii for L'lniiu ])nsont'rH leis. 'flif one of an ori<;inal. Ihcni lu'ri'with, tes of America ly of .Iniie last, alioiil ."1 r..M. of 'I' imrses which s Creek Uridge ''Neil was bnsy, I. I then went eneral O' Neil's on. such as he iround him. J u as innch im 1 had no further il him as such, armed. Their IV breast-works, 'hey took three i some of our :y hi'ought none 10 the ciinip on i-an side of the iliict'r tliat the . 'I'lie eveninj^' 11 I i;tio\ing the anus. Ft W!i> diirinj;' the alternoon of the 1st of .lune I visited the canip. !'.'e.\t morninn' tlie ninn \\as iMiriiin:'; and lire.ikiiin- tiie aims imainst apple Irif-: they were rille-. \»ilh liayoiiel^. What were leil weri> nearly all loaded. Ill one lire I eotmled ninet<-ei:;ht bai'iels oi' rilles ; the ^((icks li.'id lieeii hnrned. Tlii're were other lires with feuer liiles which I did iml count. We found in Krenchinnn's Cr'.'v'k nin"te"n eases of :iinninnition. Iijill earlrid;:i's. and caps complete. Iml partially destroyed hy wnler. We found iurty rifles in uoud order in the nwk and at its month. The mark oil nil the ainniniiilion ho.xes w;i •■ Watervliet .\rsciial, Sti'.te of New York. I.diM) hall ciiitridiii'^. lS()!,e\lri! good." The marks on all .•^eemed alike. The rilles were marked " i'liideshiiriili " on the lock, and " l'. S." on the stock and hiirrcl •• iSdK" \\'e foun ! in til" camp-ground 1 iiMTsacks wiin eletlies which had hee'i worn, canteens, four hams, and lliiiii.'s lliev hnd >t(den from the ni'ij'hhonr'j. feather lieds. and everything they eouhl get hold e|'. Some lew .vore the I'nited Stales" unitorm ; some green jiiekets and shirts, hut 'ere not in iitiil'orni. They had canleens. great nmnlters of which were found at the camp ne\t moniiii'^-. The men diil not e\cei'd l.iliio. | do not know wheti they marched out. They liiid green Hags with harps; one had a crown and harp. There were about I'ight Ihms. Tlie\ had drums. One wlio was a jiri^mier said they did not conie to injure the citizen^, but tlie red coats. [ did not >ee the pr'soner from the time I spoke to liim till 1 saw him here in .Inly. Th" maiii body I last ^aw in a scow under the stern ol' the ^teanier " Michigan." ('rf)vs-examined. I oiil\ s;iw prisener on the oik; occasion there. There were about soil men with tlu' prisoner. I saw (ieneral O'Neil in llii- c.imp. I saw him soon alter I had s|)oi^i ;; lo the iirisoner. Oeneral O'Neil wore civilian eloihini;. drab coloured, lie was M gen! leman-like man. ])a!e and freckled: more like a dry goods' clerk than the leader of a marauding ])arty. lie was a sliglilei' man tlian jjiisoner. and l;iller. I should think him over ;5"> years of age. lie wore. 1 think, a small black felt hat. and had no arms, ih- was examining a ma]) of the roads in the county of Wtdland. I saw no one with arms except the prisoner. I saw none other with swords. All. except a few, wen? in ordinary clothes of all colours. Sonu' old men. and some vi'rv young, not excei'ding liiyi-arsof age. .\round O.Neil were two or lliice men better dressed than the rest. I did not see the i)risoner till the ailernoon in ihe camp. Tlu'y were armed when they marclied down ; 1 was within a yard of them. Some were inarching wilhotit arms, \wilking \\itli the rest. The privates were all armed. I ditl not notice the men outside SI) much as the men in the ranks. Tlu' rails were removed for a (piarter of a mile along the road, and about the same i'i' the ]irisoner arrested. 1 had arrested some, and I came here in July to recognise tluin. I saw ]irisoiu'r about the middle of July, and then I identified him. lie is a man I could identify among a thousand. 1 did not see him there with his iiat oil'. His hat resembled that on the talile. I think his beard was, as it is now. 1 am posit i\c prisnni'r is tiu' man I saw there. I am positive lu' had a sword, like our cavalry swords, or like tlio-e a colonel would wear, lie seemed to be in command o!i the niad op))i>site the camp. I am positive the prisoner is the Colonel Lynch 1 .saw at the camp. He is lii;liter in com]»lexi(in than he was. Ke-examined. Me is the m. a. I con-cientiousK lu'lieve. Arthur .Abdesworth, sworn. I live on the bank ol" I'iver Niagara, lu'ar Fort Erie. AVheii the Fenians were marching ii) on Friday morning, the 1st of June last, I saw prisoner marching behind them. He had a s^-ord in a steel scabliard slung round his waist, lie was sjieaking to a man whiim i knew, who void prisoner his son bad joined the Fenians, and asked prisoner to take care of him. lie .said he would. The Fenians first marched up towards the village, but came down again. The men who were marching had rilh^s and bayonets, about l.oHO, mnrching i ui abreast. I saw some of tlu'iii land, they came from Black Hock, in tlie State of New Y'ork. They cheered on lamling. I saw two Hags. The prisoner is the man I saw the'e. Cross-examined. 1 saw the Fenians just ivs they landed, between ■) and 1 oV'ock a.m. They marched about S a.m. I was at the ro id close l\y where they marched, some had uniforms like the United States' uniform. T.iey were walking along the column. I saw- two olRcers in our yard. I only noticed three with uniform. Prisoner had no uniform. I was inside the road and wiw only that side of the column. 1 did not see those on the outside. I never saw prisoner but then. I saw him standing opposite our house, speak- G 2 1,1. 11 11 !. I.'. #1 , |: f U 42 injy tn two mon. I snw liini nbout livp or ten niinntos. T\\v colunin wns inovinqj when 111" stDppoil. 'I'Ih'v Iiiul iiiiHsi'il wluMi lie rolliiwod tlii'in. He W(iri' a cimt like that lie now li!i-i pri^miiT. I (lid iinl know tin- last witncNs lini roco^inizi'd. I saw liitn standing; niul speaking' to llic {wo men. IK- liad a sword and a litllc satclid. I sec no diUVronci! ht'twi'i'ii liini now and tluii. I ^nw no man liki' liiin. One olliccr canu' to our lion>^i' and asked tor iMcakfaxt, lie liad iinil'orni "illi un'cn Iiinilinn-. tlic rioili wa> dark hhic, his hair was hhu'k and he woro a black moustache, he was younjicr than the prisoner with the snnio kind of coniplcxion. I do not, know who was in connnand. I wa> alon^^sidc of the prisoner and tiie man to whom he \\a> speaking. Alioul S a.m. on the 1st .lune last, I saw prisoner there, his hair is as if was, I nee no ditl'erenee. Ke-examined. I inn sure jirisoner is the man I saw there. ,lo>eph Ste\en>. swdrn. I was at Tort Krie on the 1st of .Intu- hi'^t. I saw the ])risoner lliere on that da\ , on the road uctlini; his nn>n in rnn\ lu-twecn tl and 7 o'clock, to nnirch. lie had a. sword, nothinu' el-e. lie was connnandin;; the nu'n. The l'"eniaiis took me i)risoner and some others. 'I'hey made us ffo into the ranks. After I was there, I hciivd him n'ivini;' the word of commaiul. I was there tifteen miimtes. I was marched three-ipiiirter'^ of a mile .ilomr the ro.id and dismissed. The men said thev were •ioinj; to Toronto ;ind Quchec. I'hev a-ked if ( 'aninla was seven miles across, i siiid it was ten miles. Tliev said thev were ^ioinjj to take Canada and have farms. 1 saw lots of them marchinij around. I was a prisoner all day. They kept me a |)risoner in my own house, and I did iioi -h- the prisoner that day ay;ain. J saw no fi:;lilinii:. I am certain the prisoiu'r wa> there. I saw no liyhiiiii; on Saturday. [ was in my house, a mile ami u quarter below l''ort Krie all day. ('ross-examined. I did not know prisoner bel'ore that day. I -aw the men about half-pnst six. 1 saw (hem lirst about daybieak. They took nu- jirisom-r. I did not see the prisoner at tlr--l, but in an bunr ni'terward--. He was marching' up and down the road speakiii;; to i1m' men. 1 did noi see him coniiiiL;- over. The pri-oner bail tiie most to say of any one. lie uave direction^, winch N\ere olieyed. They wcr<' movinj;' thinji's out of people's house-, I -a\N no moveuieni till lie i)ul them in order. ,\fier he had put them in line be said " I'oiward," •■ .Miircb." Tliiswas niiout two lioiu's after dayliirbt. Prisoner had no uniform, be liad a >word with a steel scabbard sluni;- with a licit, lie bad a black low-crouncd Jiat. lie niiirched us and halted, then hailed ac;ain and ordered us who h.ad been forced into ilie raidis to fall out. and he said "'you are dismissed." lie looks sleeker now than be did. His ;ti.>u-liiclu> i- bmi^'cr. lie was then more weather-beaten, but otl',erui-e secniN the s:ime. Thomas .M. .\i(desworth. -w(v,ii. I reside at Tort Krie. I iii(l lie )i'f'(iri; In- • on i!n' .a" prpftt niimbpr ol nnv.od mpn. U*. Iiiul n S'vonl Ininsf by his siilo. I snw liim nflorn-nrdH lower down the river \. tli ii niimlMT oF otlicrs. Ho liml hi-; swonl llicii. Iwi\s«illiiri fifty yards of them when tlioy Iniidcd. I went (o tlic 'r('lt';,n-ii|>ii ullicc to irivc niilicc of tlu'ir landinjy. I saw llicni man'li past uit' to tlw i'aiii|iiiii: uroiiml at I'^iciiclininirs Crock. Tlicy liad llnys niid buniicrs and a drum. Tlicy wire all arnitil «lio wire in flic rankB. Cro'^s-rxamitipd. I Mn«»' prisoner first nl)ont or 10 o'elock nf fbe fiower I'l-rry, wliere they landed, 'i'lu'y bad j;one to the I'pper i'erry first, but eanie back, and I'nMii ilial to Frencliiiiair.s Creek. I bad not seer I'-.isoner beluie. lie \vas sfandin;; talkin;; jit fimt. He bail dark elotiies, wi'.b a swonl slim;;' to a. belt wbieli was round liiin. lie was dressed in eiviliaii clothes, dark, his sword had a steel scabbard. They wore dillerent Kinds of hats, nn)stly lilaek. 1 was williin (if'iy I'ert of tlie:n. nr)l many nu-n were ol' pri-()iie;'s ago. I saw one man of about his an'c. The prisoner and lli()->e with him, were al .nii old saw mill, t'.e road between us. I next saw him at Krenelmians Creek, dioscd as before. He was talkiii^j to one dressed and with a sword like his. I was aliout tin- leii':lh of this Court-r om from him in the afternoon of the same day. His hat liad a s|i|l' broail inim and a lou crown. He Ionics paler now, but I si'c nolhin;;; else, I'xeept 'le seemed to have more beard. He is not .so bold loukiny. The beard seeiiud more over hi> fice tlian now, not a areat deal. Freib'riek Kldon Dixon, sworn. Faman ofTicor in the Queen's Own, The reuinicnl was ordered from 'I'oronto to Port Colborne (Ui the Isl of .luiu', IstHi. \\'c ^dt iIh'IV the same day. Colonel Ot'imis was in command when we left. I am major noi\, Imt 1 commanded a company them. We were orih'red to start on Satunhn moiiiini;- by rail to meet Colonel Peacocke's force. We moved at o a.m. \\'\i\\ l,"(m nun. The d to .skirmish rijibt and left. We advanced s(une dislance anil saw men luiiiiiiiir aliiuil in front, and then we lu'ard a shot fired, and the liriiii;- continiied. Thr men took c vir all they could in a field in which were r^fumps. We were in IVont, the l-'Uli in red coats in the rear. They were not in front at the bef;innin,u,. The skirmi-.liers of the l-">th were ordered nj) to relieve us, and then their red coats could readily be son. I sau -ome of our men fall. Two fidl in front of me. I saw men wonnih'd on the lit hi, of our corps. They were wounded from the lire of those who ojiposed us. I -aw a body of them in front of us firing,'. ( )ur troops after a time retired. .lohn White, sworn. I beloiin' *<> tbe Queen's Own. 1 wa- in the all'air at lliilireway, I was wounded in the arm and lost it I was wounded in the retreat. William H odder, sworn. 1 belong;- 'o the'Queeirs Own. I was at Kidm'u.iy. I wa-. ajljutant with tlu' comniandiiiij,- ollicer m the reserve. The troops advanced a- de-'.-, ihed by Major Dixon. 1 saw several wounded of our men, and one of the |:'tli. Lieu- tenant Routli. They were wounded by the tire of the enemy. The troops were in uniform. Adam Kinii' Schotield. sworn. I am a Lieutenant in the \'olunteer Welland C.ninl Field Battery. We left Port Colborne and disemb.nked at Black Creek. Then enibaikid to Fort Erie and re-embarked and returned to Fort Erie. AVe then .scoured the count ly to Trottiii's bend. Wi; had 'iffy-four men and three otiieers, no laroe oun. W'c verc in Artillery uniform. We came in contact with the enemy between :) and 4 i< n. at Fort Krie on shore. Wc wore in Front-street in Fort Erie with the Dunville Naval Brigade who had no uniform exce])t the otiieers. The Xaval Brigade were in front. We saw men skirmishing- down the river bank. A man threw up a white cloth and we were called to surrender. First a shot was tired. Then another, then a volley fired amou!^ us. Captain Iving' was hit in the ankle. F. Schollield was shot in the leg l;olow the knee. J. IMadley, shot in the thigh. Robert Thomas, through the thiiili. Jidni Harverton. shot in the leg. We retreated to a building and fired till the Fenians threatened to set tire to a store, which would have burnt the house we wer ■ in. Our men in the house surrendered and were kept by them all night. I was taken. Lieutenant Nimmo and Lieutenant McDonald were taken. The Fenians said they had come to take the country and they would. We were mistaken they said in their force, they could and I !il ll t! I: •I: 44 would take the countrv. A i^UiUil was ])Ut over us. atul over llio house, of some lifty or sixty uu'ii, I'lu'y kiuMv \m« wcio tidmis. 'I'liov took my tToss-bi'lts tVoni nu'. Cross-exam iiR'i I. 'i'liere was a iar;.i:f liody oi' some 70U men. One. I'itzpatriek, was adjutant, id' iiad limun clollu's. (]U'Uter lioois, a lilack hat. and a swuvd witii a hriglit seal)l)avd. Some ol'tlie olliciM> lnok Um \vilh us wluTe wi' w.'ii' inqirisoucd. I was taken l)y the men.. Kitziiaiiic-k met me. he si\id, •'y(m ;ire an ollicer. urn shall txo hack \\\{]\ me." Ill' askid \\lKre my cro^s-hidls wrre. I ))oinli'd out the man ulio liad tlu'm ami he made him jiivc tlem l^aeli. I'itzpatriek was a, man ol' !.'.■> year> of aui'. This was on the -nd (d" .luni'. I sau tiie snr^i'on Dr. homdly. lie iiad no arms, had (h\rk eh)tlies. T saw hall a di./.i'ii oliii\'i'--. i loiik lea with tliom. They uore eiviliau elotiie^s. Some two had Idue cloth irinimod wilh ;.Lreen. tluy wi>n' eaiitaiii-. I saw six oi' seven oliicer.s who took lea '.villi u-. Tlu- (JuarU'i'-masler had no eoai. ..None of tlie oHiccrs were old, some of ill-.' mi'ii ut ro. I diil not si'o O'Neil, I hoard he was tiiere that evruiiiu'. ''"hey told us till"' hail frcm siti'i to !.-J."pO men a! Uiducway. Tlicy W(>re tho.-e who had l)een at l\id^o^^ ay. 1 do n;i; I'lnu'inluT si.'oiii;_ the iJiisouer. Mrs. Kempsmi came in and said. •'Tea is ready." \. i did not move. Tlk-e otficers said, "you must j;o in lirsl and whatever jilaees are left we \\\\\ take,' We went down and ahoiit four sat with us. They said ihey had iieeii liiz'htiuii'. We were vvell UH'd iifter we yavi' in. Thomas liyle, >woni . I \\a^ at I'^ort Kiie nu ilu- 1st of .lune last. I eanie tVom Butfalo early in tlie moinin^-, and came in a eaiial-lioal, drawn by a tiiu'. Tiiere were about ;'>(1i1 nie',1 mi b.iard the 'loat. We eanie on fool from liuliah) to IJlaek lioek. We had no ai'iii> wIh'u e left, (hi (.ur wny aeross the amis were issued. We had llie ammunition on the .^meriean side. We i>'ot muskets on the way dver. Some liad revolvers of their or r. i'ayoiiet-; were is-ued. 'I'nere «as amiuuuition in jjoxes, I'hey talked of takiii;.;' Caua^la by tiylidni;'. Tiiis we intended. 'I'he |iris(nier was in i''orl lOrie tliat afternoon \, ailing up ami dioMi where llie aim were staeked. lie wore a sword. AVe went to I'>laek (reek, where we >to))])ed : !()(; men — a skiriinVliiujj line — wont out and eanie '.jack to the river, and waiti'd till the main body eame baek. We were all armed; I, amoiii;- t'ne re>t, walked, into the eouiiiry, and 1 left iheiii. A eaptain eame baek and >wuiin' his sword, and .-aid we were jioiii;;' into action. I and some otiu'rs left and wenl to ('(.lonel IVaeocke's cam]): 71)1' or f>(iu men marched out. I can't say J saw prisoner there. Cross-examiiu'd. 1 \'as Ijoni in the County Kerry ; came to tlu' Uniti'd Slates a year ago. One .Me')oiiaid. who came I'roin Tennessee, swore me in on his sidi'. .My oath was to serve tl.iiii i '\:ill\, 1 do reuard oaths. I ri'iiiembiT ii was "to serve them Irulv, so help nu' Cod." 1 t.iviied Q<- en's evidence ; I told ilu' liirnki'y, and then Mr. Harrison. I expect to ii'et free for '.'i^iiiji' "\id(.'nce. I was sworn to keej) tluir secrets, and was in McDoiialifs Company. The one shown as O'Neil wore plain clothes, was about ;iO, lioht coloured hair, ]iale face. I came over about 4 o'clock, towed by a tun'. 1 did not see Coltinel Starr. I know one siiields, who was a. captain. I did not know Colonel Shav. I was of the eoliimn formed alter we landed. The Captain put us right. Shields was giving orders to his men. He is '< feet 8 inches, dressed in a black coat, a felt init, and had a reAolvi^r, lie is >tout, heavy, dark nionstache. -"lo years of age. McDonald \vas acting-captain ; i- a young man in light clotlu's. .Most of tlie ollicers were in civilian clothes. They generally wore sack-coals, dark. They wore dill'ereut kinds of hats. SlcDonald had a rowdy iial. [ saw a Lietitt'iianl. a broken-nosed chap, with a black hat, so had the rest, mostly. Shields was the oldest man there. I saw Lynch, the prisoner, who was the oldest man there. I saw two nii'n about the Fenian camp of ])iisoiier's age, taller and heavier men than lie. I think they \vere ollici'rs. 1 saw none oithis dcseriii- tion ai Frenchman's Creek. I saw pri-oner on the 1st of. lime, early in the forenoon, aliout *J o'clock. I saw a seow-i'uil ceiiu' .iboul 7 o'clock. I saw prisoner first walking up and down wliere the arms wi're staekt'd. The first 1 saw of |jrisoner was in the fii'ld, after tlie arms were stacked. Prise luev had the clothes on he now has. and a sword. I am giving evidence. I know .lohn Mi'cham — I slejit with him. I toKl him I had given evidence against the prisoner. ('.\si-: I'd! tut; Crown, At 5'4,') r.M, Court adjourned till 10 a.m. to morrow. October 2."), IS'iii, 10 a.m., Court opened. Jury cdled over and all jire.sent, Foli DlCKENCE. John McMahon, sworn : I am a clergyman. I saw prisoner on the forenoon of the 1st of June la.st at a cam]) at Fort Erie. 1 saw him writing. I tliink he (old nn' he was ivriting lor sword, I ihii I was talkin Mary I veracity. I yeui's. lie farmer. I i after removi He was in ( (jiuelph wlie April, and 1 tlie last tinn Cross-c murder. 1 1 a liar, a nig Re-exa every day I John ^ otticers who the si/e of much like tl smaller I tli The prisoue 1 would kiio Daniel Fenian cam taking note sword or an chillies. 11 O'.Neil. 1 t Cross-c Daniel l']rit'. about round, i of the ollice of his ho,i\ large as no\ (1ross-i bad l\\. I He said lii- a iniiiie bal Patrie of Fort Eri He had no resemble.! I less beard ( than the pr' ( 'ros^-i say what it camiiing-gi rank of tlu Tlioma Ferry, iieai for a Ijoui.-^' dill not not .lolill t lUiifalo to ferry-boat Cross-i I'atiic Mullah), abi said he can '• fjouisvilli and imperi. 45 writinp; for some np\vspa|)('r in Konturky. I snw liiin wi-itin!:;' in ii lidok. lie had no sword, I lliiidi, and mi j^iin with liini. I saw him ,ni iiour al'tiT. v\alivin'j;- alonj;- llii- rciad ; I was talkin<;' with him. I do not it'i-ollt-ct scciim' liini a:;ain. Marv l{.vlo, sworn. I am Iho mutiu'r o\' 'l'l!(im;:s lIvU". lie has a poor i-haiactcr lor voracity, lie oiii;lit iiol lo ho l)i'lit'vx'tl nn his (lath. 1 iiavi' iiocn in liii- countrv iil'ttHMi years. Jlc rame witii lis. tliiMi i^ yrars ohi. to (.'ape Towi;. !'c \\(irkt'(l out witli a farmer. I ii-niovinl to I'aris liner- years afd'r 1 liad eomc to (';:[)l Towi), and one year after renmved to (inel])!!. ami there I liave lived sinee. on the pri'perty oi' Daniel Allen. He was in ('ape Town. I'nris, and aliout lour yiars with me ai (Juelpli. lie winked in (.]Uei|)li when tlie market house was Imill. Me went to the Uniied Slai- - a year .mho last April, and I ne\er lieanl I'rom him till 1 heard lie was in i;aol. .\hoii( two yeai,'' hefore tlic last time he hail g'one to the United States in May and remained till the I'all. ("ross-exainlned. Ili^ was not a tood hoy, lie was nuilly nl' all had acts e.xcejit murder. Jle was i>'ood till lie was 1.") years old. Jle is m)w L''5 years. He is a drunkard. a liar, a ninht walker, a waylayer. and he was lonnd liuilty and hailed. Re-examined. He was not tried after he got out on hail, lie was always in iroiihle, every day I heard somethinii' had of him. He strolled with Lad hoys. John .Mc.Mahon. recalled. 1 was not iinsent when the l'\ nians landed. I saw the otiicers who coimnandeil the lu'nians. There was a man, I do not know his nami'. much the size of prisoner, who was a cajitain from Indianapdlis. ]\v wa> a nuin who locked much like the prisoner, and wore a similar coat. 'I'he ])risoner"s heai'd on Ins chin was smaller I thiidi then than now. The ea]jtain I speak of had more beard than ]irisoner. The (irisoner had a moustache hut not so nnich imdcr his chin, '['he Captain I s|)cak of I would kiH)w if I saw him. lie said not to he afraid. I shoidd not he moh-sied. Daniid F. Lumsdeii, sworn. 1 think I saw prisoner afternoon. Hi- was half a mile from the \iilage. lie \\as walking round. ! understood he was a reporter \\)V ihi' "Louisville Courier," I raw some of the oilicers in coniniand then. I -aw liooHic 'r reseudiliii:; the prisimer. I took notice of his heavy moustaclu\ I ilid not take netiee of his Ik aid. 1 1' hi~- ln'ard liad heen as large as luiw I should have mitiecd it. Cross-exanuncd I was seduced lo come over oii the Kriilay. riiid lotmd I was in a bad ii\. 1 asked the advice of prisoner : he lold me to stay till nii.'hl and gel away. He said lu' had nothing lo do with it only a> a rejjortt'r. I met with an accident. I had a miiiie hall through my neck. Patrich .Norton, sworn. 1 saw pi'i-oner on the I si June I'l^i, oiit,-,ide oi' ihe village of Fort J']rie, about !iall'a-nule or so. lie was walking mimil liiu' any oilier (iiizeii. He had no .-word. I did not know what he was doing, I saw several oi' iln.' oilicers. one resemhled the prisoner; in' wore a sword. I do not know his nani>'. Tlu' luisom'r had less heard on the chin, an impi'rial, bnl a moustache a;> now. The oliieer had moie beard than the jirisoner has m)w. Cross-examined. 1 was like a peaceable eiti/.en. I mei with an accident, I won't say what it was. 1 cami' with another man. I saw pri-oner bnl once, and it was on the camping-groimd. I iieai'd no one called ••('nlonei Lyuidi." 1 do init know tin.' name or raid; of the man I spoke of who icsembied pri-oner. Thomas Henry .Maxwell, sworn. I saw prisoner on the 1st .lune, at the Lower Ferry, lu-ar iM)rt lOrie. He was standing: had no arms ; heard ih,ii he was a reporter for a Loui.■^\ ille jiaper. 1 saw some of ilie oilicers ; imne who resemiiled the [)risoner. I did not notice tin' kind of beard he li,".d. .John Cornev, swxnii, I saw prisomi- on ihe I si June last. I drove jirisoner troiu Bull'alo to I'dack IJoeU. at about I •_' o'clock. I took his valise from the carriage to tlie ferry-boat, lie had an impeiial ami a nnnistai'lie. He is greyer now than tlu'n. (Jioss-examined. He had a nnnistache anil imjierial, I did in)t come over with him. I'atiick t)'.Malley. sworn. 1 saw |)risoner on the Isl .lime last, in Exchange Street. Hullalo. ab(ait S in the nnirning I knew ja'isoncr as a hookkeeiier in Loiii>ville. Prisoner Haid he canu' with a s(|uad of I'Vnians from Loui.^ville. ami w;ts a, reporter for the "Louisville (-ourier." I never saw him during three years have anything but a moustache and imperial. l.i ''( 46 Martin Cormick, sworn. I saw prisoner on the 1st June last at the Cross Road, near a shinnle-null. I saw him between 8 and 9 in the morning. He was standing iliere. I did not know what he was doing, lie had no arms. I saw no otticcrs. There was iici crowd about prisoner. Cro s-examined. It was between S and 'J in tlie morning, as near as i could tell. I was walking along ilie road. I did not see the camp. 1 came in the ferry-boat. I left ]?hu'k Uock at 7 A.ii. I saw him at the Shingle Block between 8 and U, and met him there. •lohn ^leeliam, si.orn. I saw prisoner on the 2nd June ; not on the 1st. I saw him on the tug-boaf after he was arrested ; he had a moustache, as now, and an imperial, I know Thomas 1{\ le. 1 would not believe him on his oath. Cross-examined. 1 did not know Hvle till I saw him in ffaol. Dennis [.cnaglian, sworn. I did not see i)risoner on iiie 1st or 2nt[ June last. I'eter Mmrwon. suoni. 1 saw |)risoncr on the I'nd June last, 200 yards out of the village. I saw liim, but did not know him. I was arrested, and he was soon after. Michael I'urtei. sworn. I diti not sec ])risoner on the 1st or 2nil June last Patrick Keating, sworn. I was at Fort Erie on the 1st June last, and saw Stejjhcns a inisoucr. lie was intoxicated. 1 should judge by his talk .and appearance. I was talking with him. He said he had been arrested by these fellows; and I asked them, and they said by O'Neil's orders. [ saw O'Neil. I did not notice other officers. Cross-examined. I did see Stephens a ])risoner there. Gecnge Wells, sworn. I saw prisoner when he was in gaol here. I shaved him. He had a nn>ustaclie and a slight imperial on his lip ; nothing more. Cross-f\aniined. We were in Brantford Gaol seven days before we came here. Jie-exainined. I saw him a prisoner on the tug after he was arrested. He had the same moustache and imperial then. Ilenr\ M. Oliriey, sworn. I know prisoner at the bar. I knew him as a boy in Galway and uublin, in Ireland. County of Galway is his birthplace. I came to America before he did, I think. I am here twenty-five years. I met him as a boy in Galway five years after. I met him at a ball at my father's in Dublin. He was head clerk in the Charitable Bequest Otiice, at the Castle. Case for prisoner. Verdict, " Guilty." Sentenced to be executed on Thursday, the 13th day of December next. :.,.; (Signed) J. W. WILSON, J. C. P. Xovember 2, 186t). iMontreal, November 5, 1866. The rndcrsigned, after consideration of the evidence in this -ruse, begs leave to report to \our Excellency that in his oi)inion such evidence fully sustains the verdict and conviction, together with the within notes of evidence, are transmitted, for your Excel- lency's ini'ornu»ti(m, newspapers containing !Mr. Justice Wilson's charge to the Grand Jury, as well as his charge to the Petit Jury. The reports in these jiapers are stated to be correct by the learned Judge. (Signed) JOHN A. MACDONALD, Attorney-General. liiclo. 5 in No. 17. Inclosure 5 in No. 17. Cui'V of Judge Wilson's Notes of Evidence in the Trial of the Quken u. Juhn McMahon. Indictment for Pelony under the Foreign Aggression Act. Solicitor-tieneral, J. H. Cameron and Harrison, tor the Crown. M. C. Cameron for the Prisoner. JOIIX l{Ai, sworn (tliis man's name is not on the indictment. M. C. Cameron olijecls to his Ijcing examined, because the prisoner had a right to know who had to be called auaiust him. I allow his evidence to be taken, and think the objection late, if good, and that it is no objection, the oll'enee is not treason). I live in Fort Erie. 1 was there on the 1st of June last. I saw prisoner on the 1st June, he was there among the Fenians, who landed there about 800. They were mostly armed. Prisoner was not armed. 1 saw hiiu lirst about in the morning. He was dressed in black clothes, and a c Cross Road, ; \>as standing tticcrs. There IS 1 could tell. •y-b(.at. I left and met him ist. I saw him m imperial. I une l.ist. iirds out of the )()n alter. ■ last d saw Stephens arance. I was I j>sked them, ifficers. laved him. He ame here. i. He had the lim as a boy in o'. I came to lim as a boy in He was head e 13th day of ON, J. C. P. nber 5, 1866. , begs leave to the verdict and for your Excel- to the Grand ■; are stated to INALD, iiey-Gencral. uiiN McMahon. ("ieneral, J. H. risoiier. M. C. Cameron who had to bo lijci'tidii late, if )rt Eiie. I was lere aiiioiig the •isoncr was not i. clothes, and a 47 black hat. They landed one and a-halt miles from Fort Eric . came up marching through the village, and halted lor breakfast. They halted sixty feci from my hoiisc. Prisonei' Was there. Tlicy broakfi-tcd tlicre, and remained about (wu hours ^lost marched, a few stragiilcd behind. Some Icl'l their vali>cs, and Ibc pii~nncr ordered lliu-^i' uiiicli were behind. He said, jjick up ilic valines, ibc boys may want llieni, we do not know how long wc may ^top in Canada. The men picked up tiicir valines and went o:i ; we i'olloHed. They went in the direction of Newliigg'!ig farm. They oaine aliont 7 .\.v.. I can't say the very time. 1 saw prisoner alter the liglit l)etwccii the l'\'niaii< and the Volunteers. The Fenians look mc prisoner on Saturday evening. Ti:c ligiil (oo jihicc at ;> p.m. Those wiio came back, came from tli<' direction of Hidgeway. i wn^ a prisoner. I saw a wounded man by tlic road: iu' was a Fenian. Prisoner Mas attending lo him. and examining !iis wound. I saw Iiini as a prisoner on Sundny iii.on; he was in charge of our soldiers or volunteers. The I'tiitcd Slates and our (iovernincnt were then at |)cace. Cross-examined. There i^ a reriy-lioiu going between our side and tiie American. The conmnm ferry and the raihvay one, which takes only cars ami passengers. Prisoner had a satchel of his own. which he carried. 1 did not speak to iiini. I was witli one of my neighliours talkiii.;. I was not hero to see tliesc men till :,!-t week. There were about half-a-dozen valises left .\hno>l every l'\nian had a gun and a valise. Prisoner wore a l>Iack coat and a black jiliu;- hat. They had all sorts of hats and clothes. He was not armed. I said I thoiiuht ]n-i-(nier wa-; eitlnr a ])riost or a doctor ; when I saw biin last I though; he wa< a doctor, lie liad a white iieckei'chiefanil black cluthes. ile-i'Naniincd. I am jiosilive he is the man. Alexander Wilcox, sworn. (The same objection is madi' to this \\iines>a- lo (he la>t. and the same ruling. Tlien the witne.-s was not sworn wjieti the objeciion \\as taken) — I live in Fort Erie. I sau ])risoner on the morning of the ]aw a lioily of men, armed, there. They were near my lot, arranged there aboiU '> or .e>. Cross-examined. I do not keen a salron. I sau them at tavern. I kept hou-^e. It is not o !ifiy yards from that lavern. th" woman next door ; it was light, I uciit to the back door and diM>\n up in the green at the I)Mck of tny lot, wliere the schoid-housi up and look them to lluilnlo. \fler iii\ family were up. 1 went oni was with them about a (|ni;rter of an lioiu': went home aiid Ihm' few minutes. I went to iln; iavern and several went in and I dratd; with timn. I w.is as sociable as possible. I askeil to treat them, but they saiil I >lioul:i not jiiiy — liiey could pay better than I coul !. I had four or live horns, atid rem.iined there till about {}. I got my family away in the foremxin. There were >evera! men widking \\\) and down the streets with guns and bayonets. I saw prisoni'r al ihi' do"!'. ! n'..'.s talking with '.vo or three whom 1 knew. — they wcw IVoiti Biiil'alo and Toronto. Pri-oner wa> talking lo the men to keep straight, lie had a revolver and [ thiiUv a beh. 1 saw the Fenians go away. I can't .say the lime; about'.! o'clock. I ihink. I did iiol ^ee the ]a'isoiier or those who straggled go away. I saw ])ri^-(mer twice at the same place. All he had to say was that the boys should mind themselves. 1 wcu'ked as a tailor and I kejil a tavern here. I was a \ear in the I'niled States. I left this about two yiiir.>^ ago next .lanuary. 1 came back the beginning oi'daminrv, and settled ii; Fort Fiie. It was ;;l)out a (|uarter or a half an iiour between the tirst and second tint;' I saw pri.--oner. The Fenians nu)ved oil' between !l ami 10. 1 saw ])i'isoner bolwcci .-> and C), I w;;'^ al home ))arl of the night and iiut at .McMeney's saloon, which \ left al about 10 v. '. I had uone there at about S I'.M. 1 did not expect the I'enian-. I we.s talking to ^Iv. Siptire, and I took a droi) occasionally — oidy beer. I went to bed aioul |i> or 11,1 think. I was at no other place tliat night, and I went home alone, .loseph Squire was tliero when I left. Thonnis [821 H liarney .Mc.Maney'N I wa-; liwakened l>y saw the Fenians all i -. I got my fannly ;.;;d jinieeu' li;ein. I i;^ain. i remained a. '. % th '»»'; Ii If I' 1^ 48 and Fairohilils were the men playing' liilliarils. I lieard of it just after I (juit work. I was not (hunk tlie niornini;' of the Ul .luuc. I'.au'Ue and ^loonoy were tliere just ahout the time tlie I'eniauh came. I sjioke to Moonev iiefore and after, lie ealird me to sec lini al) ail tln're all morninu'. 1 can't Lad ii revolver, which was a "'ood-sized the Harp of Ireland hoisted in Canada. 1 -aw tell what kind uf a lielt prisoner had on, Iml he one. Re-e.\amiiied. 1 saw i)risoner lulweeii •"> and (i tellLig' the nuin to take care of themselves and kcej) right. 1 was proposing to go to lUiilalo. 'i'hcy said they were not going to molest the iidiahitants but to go on. Cro^s-e.\anuned. I asked, when I went to drink. ulutluT I >h:iuid go; tiiey said I need not, for they were not going to iiurt us; outside they said the s;iuu.' thing. I wont with my fanuly to lUilValo — took a carpet -ijag only. A\'ent in the forenoon. Joseph Ne.^ bigg'ing, sworn. I live .m the Niagara River, two unle.- I'roni i'ort Erie. 1 was at hmne on the night of 3lst of .May. <.)n the nmrniiig of Ihl June I saw a body of l'\'nian> landing al the louer i'erry. They came in canal-boats toweil with tn^s; they were armed. I >.a\\ pri.-oner in tli Fenian c.uiiji on my father s farm, on the 1st of June, about mid-day. He uas >tanding talking to souie of the I' dans in the camp, lie seemed friendly with iheni. Two or three of the jiirties he spvi > to were Fenian otlicers; tile rot were of the lower Mirt. 1 saw him in ihe aflernooii of the same liay going into a boat with tluee other-, one dres>ed in comnum clothes, one in Confederate unit'orm, and United States. I heard one say to prisoner, L'ome, Father, get into this boat ; and he went. They started olf for Hlack liock Dam; in going they kept up the river a bit and then across. Xc.\t I >aw of him was on the ."h'd, on Sunday, under a guard of soldiers. I was at the camp four or live time: on I'riday, and 1 >.aw Inm tiiere most .' these times, and 1 >aw lum conversing witii them. Cros-^-exar.nned. 1 saw none >.!' ihe villagers there that day. I saw and spoke to Colonel Cyeil. When ibev called him father I understood he was a prie>t. Tho-. L, Newlii^ging. sAorn. I am brother of last witness. I think 1 have seen prisoner betore. I saw inm on I'riday about •"■ in the aflernoou, on 1st of June. He was conung with some others from the camp. Tin".- ajipeared to be l''eniaiH. .\fter tliey l)a-scd I saw a lioy with a boal condng ilown the /iver; some of them hailed it and said if he would take them over he would pay for it, They were going to i>ullah>. The boys came ashore ; the !i'.;at was loo small ; one boy remained. Prisoner and tliosewilli him got into the boat. • .Vfter tlie boal was jiuslied oil', I beard one say, Faiiier, lake this seat (the sle;n one — the mor.t cond'orlable one llure. i hey rowed tlie boat U]) to cross to Black Iioek l)am. I did not see it cross. 1 ihoughl lie was a clii!|)lain. His clothes were not so genlet'l as now. His bat was very nnu'h worn, i did not see him again till I saw him in gaol about tiu' middle of .Inly. Cross-cxamineil. lie had no amis 1 could see. Charles Treble, sworn. (^Tbe same olijectioii and tlie same ruling as 'o the .second witness.) i live al Fort Ivie, and wa-; living there on the 1st of .luiie last. I bvlieve 1 saw pri-oner bet'oie, but am not i)ositi\e. I saw liim on the afternoon of Satuiday in AValnut-slrecl after the eiigageiMcnt. He was Wiiiking alone up the slreel. Fiom his ai)pearance and dress J ihoughl him a priest. He wor? a long coat, i do not swear j)osi- tively it was the ])ris aier. (ieorge Mc .Murrii-b. swom. I am a. Captain of the Ititli Royals. I saw prisoner liefore ihi- ;i dio.'t distance from i-'ort Va\j, livi.' i!i- ten minutes" walk, at tlu' iiouse (d' Major Cautie. a ?»Iajor of tlie {•'enian army as i beard, on Sunday nmruing before .'^ or ox'lociv, idenieiiants Denison. llodotr, Stoa'ves. Mr. Jannesoii, ami others. It was suggested ii\ Lieutenant Dcr.ison there wi'ie wouiidetl l^'niaus tliere, and he sent men to search it. ! w prisoner at the door. i)r. Jamiesoii asked where lie came irom. and iie said froKi -n.w --.Lw:' in. lilirio'.. 'n t'lo Stat'.v-. 1 canni.t renu ml;vr li:e |,!ace. laud Dawson arresuii him. iie said he c.i.iie to bury ilie de;'.d. He .-c/.d he laid been at Ijulfalo. and heard of ■-oiin_ihing !ia})) ening here. He came to do his duty in ijurying the dead. lie was on his w;;y to see tlie liishop in Montreal. 'A e found one dead I'Vniaii in the barn on a stretcher, (hie Kiley was in the hayloft 'Aouui;v.'d, and his companion Smith. The laisouer was adied soon al'ier \\e went i' ere ii' liiei'c wvw any l''euians. He sail! he uid not know. Anelher dead man w:is ioiind in a \\ork'-iii>p. lb' was marched oil' as a piisoner. Cross-e.xamined. On ^M^uda,^ aboui daylighl \*i' were two miles from I'ort i'^rie. Ahout !) or 10 we were in F<.!i F,r!'_'. i canunl tell tic iime CAaeily. -lohn (i. liidout. sworn. I saw |iiisoner at tlie Imuse of Major Cauiie. as mentioned b)' last witness. Four men, I, and Captain .Me ..Murriciw, went to the hou.e. \\'e asked if there wore a to the cellar. ;i a (lend Fenian i Cross-exan knew nolhing a Ke-examiu him at that Imu Dennis SnI I am one of tlic and twenty eigl the Fenians as them while llu\\ J(dm Mete Own at Ividgewi Own and the \ uniform. 1 sa\ killed liy my si told Inm anylhi indiicenu'nt to I Ireland. Was ; lianded al Fori compelh'd him I of the batlle-liel heard the confe; wants of the 1 Feidans were wi Flic. Colonel found on his pe a Fenian Comp; Fort l'>rie, sium no arms of any ( ross-exan to make a stale him to go will was on the i'lid Fdward " prisoner befori I was in fron Dr. Jandeson and Dr. .liiUiii and saw prison Priisoner said stolen his vesii where the w(uu woman also de He was asked Cross-exanui \A'hat are y.ni and could have 'J'here is uo -m our men were and a pockel- asked if any F U in. Crai I have seen ))r month in the ; wounds. Cross-e\a partly otn (d' ( others nUo. gentlemen, a coiiinieri iai t 49 f.^ if there were any wniiiulcd Fenians llioir. Tlic uoinea and lliis man denied it. [ went to the cellfir. and toniid lll•lt^ and coats, 'rijc-ii the prisoner was arrested. We i'onnd a dead Fenian in th'' liarn. I I'oinid o!!e Kih-y and one Smith in the h)l't. Cross-examined, i lie;;r(l jirisom r .-ny In- had nothino- to do with llu' Fenians : lie knew nolliinii' aliout tlnni. 'i'hc liehs wi-rc of the |:'itli lliin;ilton prople. ]{t'-e\Miniiicd, W'iicn 1 saw iirisorn'r in ;;a(il lie did nn! drny liut tiiaf I hiid seen him at that Ikhis,/. Dennis Sullivan, sworn. (Sanic olij('cti.)n luliini as to second witness, and same nUiuiC.) I am one of the I'oyal Canadian llillc-. I wn- at Fort lOrie on look-ont duty two years aiul twenty eiu'hl d.ivs. I knew Canlie and his l!oii>e on tlie liill. Caiitie went to meet tlie FVnians as they came up. lie was with them, and iiad a revolver, lie was witli them wliilc they were there. !ml lins not liecn seen since. John AletcaltV'. sworn, i s^iime olijection as to him. same ruling.) I was in tlie (Queen's Own at K'idiicway. I am now in tlie Slicrili's ( )liice. I was at Lime rid^i's. 'i'he Queen's Own and the \ Olnnleers were attael-ed tlieri' hy the I'enians. 'I'lie \'olunteers wore in uniform. I saw Lieutemmt ^ic Ivu-linm iy ini;' wouniU'd in I'ront of nie. A man was kilii'd !iy my -ide. 'I'lie 'ot cair.c I'roni the Fenians. I siiw prisoner ia ^aol here. T told him anylhiii;;- lie mi;^iit sav mi;^lit lie useil iiiiainsl him. I niadi' no promise or imlucemeiit to iiim. Me said he was a [\om;in C'atiiolie priest: born in .Monayhan. in Ireland. Was a citizen of the I'nited Stat>-. Came over from I'niiiilo on the 1st June. Landed at I'or! I'h'ie. where the I'enians to"k liis ear])et-ha5^' and elotlies from him. .and compelled him In _o to [{idtieway to act as cliajilain for them. He was withir. hnlf-a-mile of the liatlle-ficld. lie attended, to ihc waiiis oi' ll e v.ounded, liolli i'Viuaiis und Ihjti.-h. lie lieard the Cdiilession of live wounded Fenians, win) dii'd on Saturday. He attended the wants of tlu' liriusJ! and Feiuan- indisciimi.iattdy as they were liroujiht. Several Fenians were wounded : he could not tell the nu.ndier. I'our I'enians were killed at I'ort l']rie. Cohmel Dayky uas killed hy rln-ee halls in his hody. When arrested there was foiHul on his person a list of ijoys he wished to send to .1 -Mr. \'a;'uhan. hut no list of a Fi-nian Compa.'iy. Ther^ were som(> pis;ol--liot' of his own and shii;s lie picked U]) at Fort Va'w, some waiers unconsccrated, souu' oils, and a liotlle of ]ieppermint. He had mi arms of any description, and was no I'enian. Cross-examined. .\11 this was t;iven meat onetime. ]\Ii-. .Mc Nahasketl if he wished to make a statement. The stateiiicnt was taken in writing', lie said the Fenians forced him to f^o with them as priest, and as a medical adxiser too. The battle at Ridneway was on the ^nd ol' June. I was not injured. I uot to Fort Fric on Mondav. I'Mward 'ioddei-. sworn. (S'"ne objection, same rulinu' as to this witness.) I saw- prisoner before at .Maior ( 'antic's house, near Fort Frie, on Sunday the -'rd of June last. 1 was ill front of the (rooj)s when it was said i', wounded ina:i uas in the house. Dr. Jamii'son was sent to see him. lie wanted an escort outside of the skirmish line. 1 and Dr. .I.Miiieson went first. .Mr. Kidout and others lollo\>ed. AVi' wvni to the house and saw prisoner standiiiii- at the door. Dr. Jamicson asked him what he wasdoiui;- there. Prisoner said he came from I'ulililo anr In-ccnilu'v next. (Signed) .1. W. WILSON, J.C. P. Montreal, November 5, 1866. THE Undersiunod, alter consideration ul the evidence in tliis case, begs leave to rejKivt to your Excclh'ncy that, in his (ipiniou, such evidence fully sustains the verdict and conviction. Tonetliei' with tiie within notes oi' evidence are transmitted, lor your Kxcellencys inlonnalion, newsiniper.s containing ^Ir. .lustice Wilson's charge to the Grand .Iury as well as his charge to the I'etit .)nry. The reports in these papers arc stated to be correct bv the learned Judge. (Signed) .lOHN I^IACDONALD, Attorney-General, U.C. Inclosiue G in No. 17. (A.) Mr. LvNTii to Mr. Kkuk. My nr..\i; Mu. 1\.i:i!K, Military Prison, Toronto, Jidy 4, 1866. f IJECEIVED yours ol' tlie -Ittii ultimo, .ind I assure you I was much pleased to liear t'roni yoii, lor 1 am not nnmiiult'ul of your many kind acts to me, and the interest vou took ill my welfure-. Had 1 taken your advice. I would not be in the predicament 1 am nou jilaccd in, Vn\\ 1 had not the slightest idea that I could be interfered with, having gone into Canada as a iieaceable American citizen without any hostile intention whatever, never liaving carried arms or done anything to otfend a man, woman, or ciiild in Canada. Thev are our own r.ice ami ])eople, and never done anything to me. But being out of cnijjioynu lit. 1 accejited the offer of Mr. McDermott to go as correspondent. 1 (lid not corre-ponil any. from tlie fact that the Fenians were some eight or ten miles in tile country tigliling wiieii 1 was arrested at Fort Erie. I sujipose you seen an account of the skinni-^li at a place called Hidgeway or Iron Ridge, it was madness for their leaders to have t.ikeii them there; some T'>0 or 800 men to tight not abne the IMililia, and the Regulars, at least, 4,()iiu strong. But the Canadian people Avere up to a man in ui'positi(ni against them. If they counted in any aid i'rom th ; people of Canada, you must have oliscrved how much they wore deceived. Nothing I could say could convey to vou the indignation oi' all classes of Canadians at this Fenian raid into their country. r)Ut [ will more fully give you aa account of it when I have the pleasure of seeing you. I wrote to McDermott and Lincoln on business connected with my case, and you excuse me not mentioning your name. I assure you it was not that I forgot you: but I had inteiulcd devoting a sheet to yourself. I regret much that I am not in L(Hli^- ville. With regard to that lard trade, my evidence would have settled the matter at once, r was jiresent when he solil you the lard, and wanted you to come on Sunday to examine it. I recollect your saying distinctly, you never did business (Ui Sunday. He then said yon might examine it wh .'n you pleased. The trade was then finally made, and we drove off. You can postpone the trial on account of an absent important witness. I cannot s.qy when this trial of onr comes off; but if you prepare an affidavit, my testimony taken here before the jiroper authorities. I should think suflicient. I heard from McDermott yesterdav. i am glad to find lie has been to Avork for me. and I hope I will soon lie back with you (uice more. [ have now tletermineil to turn over a new leaf, and settle down with the determination of leading a sober, useful, industrious life ; and, not that I say it myself. I have the jiropm' Inisiness (|ualification, and all 1 want now is a fair start. I hope you are doing well. FTas our mutual friend. Mr. Canan, iH.'turned ? I hope he has succeeded in the object he had in vie\\ . Give him my kindest regards. I would to hear from yon again if you can sjiare time. This iirison life is most intolerable. I would sooner be dead than live here another month. I have not ate anything tor thirty-four da\s but bread and water. There is a kind of soup furnished, but 1 could not use it ; no meat or vegetables ; corn meal mash for supper, — this heats the blood. Any few of the prisoners that have not the itch. There are about lOu of them here. The officers of the jinscm are very strict in the discharge of their duties — much more so than in the Unitea (States ; but withal, obliging &c. Sentenced to be .SON, J. C. P. onil)er 5, 1866. , begs leave to ns the verdict and emitted, lor your charge to the these pa])ers are INALD, -General (I.e. , duly 4, 1866. nnich pleased to and tlio interest he i)redicanient 1 interfered with, hostile intention 1, woman, or ciiild ling to nip. But as correspondent, lit or ten miles in ,- ed tile matter at me on Sunday to on Sunday. He 1 finally made, and lortaiit witness. 1 ivit, my testimony 1 from McDcrmott will soon he back ', and settle down , not that I say it fair start. I hope ' I liope he has J would to hear live here another ater. There is a corn meal mash ave not the itch, very strict in the it withal, obliging \ 51 when approached properly. Where there are so many prisoners, considerable responsibility rests on the officials. They have certain rules that are strictly enforced. But the diet is •A disgrace to Canada and it.-^ (iovernnn'nt : no able-bodied man can live on it for any t'me. I have got no money to buy anytiiing (which is allowed) : you can buy provisions if you have the money. Y'ou were mistalcen with regard of our ii(»t being furnished with stationery; we get all we want of it. I have received no money from jVIcD. Twill write to vou again next week. Your faithful friend, (Signed) K. B. LYNCH. V-ovY of a Card attached to the Letter. R. B. Lynch. with Hackett and Otter, Grocers and Ceneral ("<»niniission Mercliants, Nos. (Ut and (!-' Sixtii St., near Maine, Louisville, Ky. Indosure 7 in No. I 7. (B.) Mr. liVNcii to Brigadier-General O'Neil. SiK, Military Prison, Toronto, July 20, 1866. 1 WAS arrested ut Fort Erie .lune 2, with others charged witli being connected with the Fenian army on their invasion of Canada, and though protesting 1 was only so as lar as being a reporter tu the Louisville Press, through Mr. .McDeiniott, b\ whose instructions I came to IJuHalo for ihe purpose of reporting the incidents, Nc, Kc, of the campaign; 1 have Mr. McDennolfs affidavit, witli that of Mr. Shia, to this efl'ect. A \'(^\\ days since two men from Fort Erie (one a Mr. Newbiggin, in whose orciiard you were encamped), identified me as being in command at the camp and ranking as colonel, which .statement he has sworn to-, the otlier, whose name I don't know, identified me also, and made and swore to a statement that on tiie arrival of the troops at Fort Frie I wa.; in command and forming the men into line on their diseinbarking at tlie wharf. 1 cannot for the life of me see who those men lake me for, and how they should be thus mistaken. But such will be their testimony on my trial, which will come off very soon. In order to meet this evidence 1 must have atlidavits to prove to the contrary. 1 am, therefore, obliged to appeal to you, as having co iniand of the Fenian army which invaded Canada, lor an affidavit as to wlieth', r you had known me to have any position or command in that army, or in any manner connected with it, either as a Commissioned Officer, non- commissioned officer, or private, or that 1 could belong to it without your knowledge. General, as tins evidence is very important to me. [ trust yuu will not delay in going before a -Justice of the Peace and make this afliilavit. I acknowledged 1 was at the camp at Fort Ivie, but in the capacity of an American citizen without arms, in Canada witli no hostile intention, but solely on the business on which I came there. 1 liad a letter to-day from Mr. McDerniott iniorming nic of your lieing at Nashville. As m\' trial is supposed to come off soon, your early Itention to this will much oblige nie. L am now in this jirison some seven weeks ; there are abc.'t ninety lirisoners here charged with being connected with the I'Vnian movement. 1. have written also to Colonel Starr for a similar affidavit. r have, &c. Brigadier-General O'Neil, (Signed) ROBT. B. LYNCH. &c. &c. &c. Direct : Robt. B. Lynch, SlieritF Jarvis, Toronto. Inclo. 7 in No, 17. \, No. 18. No. 18. Corv ot'fi DESPATCH (Von (lovcinoi-CJcnoriil the Hiiclit lion. Visrount Moxck to the l\i'.lll 11(111. tin." ivill of ( ' MlNAIiV UN. Qiuhcc, Dcccmbi-r 1, IsfiO. (No. '204 ) (lir- iiotc^ in the tri;il> ol' ti\c l'\ iiiiuis prisoiuTs rcciMitly coiivictril at 'I'ofoiito, .Motions tor ucw l:i:ils in sonu' oC these eiiscs haw liccii made, hut have not been decided on. Tlie tinw. iht rei'ore, has not yet arrived tor any intert'erenee by the Ivxeeiitive Covcrninent in ri';j;aid tn the execution or conunntiitioii ot' tlie sentences pronounced on the prisoiu I's. I have, &e. The Riulu lion, the Ear! ofCariawon. (Sit-ned ; MONCK. &e. ^;e. 6s:c. Col'^ of .hidiii' N\'ii, sun's Notes in the Qi:ki:n r. .Iohn (Oiin. Indictment uiuler the l-'ureiun .Auu'ression Act. .Mackeii/.ie moves to [lut the trial off. ( in.nncU not sulliei;'!it. .McKENZI!-' savN since the Crown will nut eon-.'nt to the delay, lie will challenge tlie arrav as was (l(ine yesterdav. I'rixmcr moves to (|uash ti;e array on mounds stated in the ehalienze tiled, 'i'lu' Crown taUe.-i i.-si;e upon it. I a|)i .>int ]\iehard Potter Stephens, ' 'harles \'. Warmoll to b,' Tiicrs. .loiin AIcNabh, sworn. 1 am Cleric ol' the IVaee in iuid tnr the ui\ited counties of Y< rk md I'eel. 1 have th.e .Jury Li>ts ;md books velalini;- to jurors in my office. My office is ill this block of huiidimis. 1 have not the ])!ipers here. McKi'li/'e moves to nut off the trial — refused. Mr. .McKcn/ie moves that I order Mr. McNabb to ; roduee the iiooks. 1 liiive no authority to ordet it. AJr. MeKen/ie moves that the eansi' be delayetl ten minutes — i;ranted. lie moves that I order .Mr. .MeXabb to produce tin- books. 1 say he has the process of the Court. If it is di-nbeyed, I am prepiued to punish for disobedience to it. MeXabb rc-ealk'd. 1 have been -crved with a sid)p(v.'nu to p-oduce these books. 1 have not the books. 1 do not ))roduce them. (It is about twenty mimites since he was served.) I a.sked Mr. McKcii/ie if he has any motion to inake against Mr. -MeXabb, he says not. Xo lurtlicr evidence is L'iven on tie challenp'. Wrdiet for the Crown. John Metealle. sworn. 1 am a private iti tlie Queen's Own. Same description as before.* (Joviinment of the I uited States and tJreat Britain were at peace. The piisoner has nuule a statement to me. I held out no fhreiits, made no iiiomises. IIo said, 1 am an American eiti/en. a sailor by trade, a native of the cou'ity ot Armaich. I resiiled usually in Kochester, my last place of roidence was Butfalo. 1 was arrested first at () A.M. on bunday, the ."Ud of .lune, and 1 was disehariied. I was arrested a second time two hours atterwards by some soldiers of the -17th Pcuimeitt. At this time 1 was driukini; in a tavern, and was very drunk, and I was drunk tlu' day bct'ore. Cross-i'.\an\incd. The statement in the liook 1 have was made \\\ .liiiu". MeXabb wrote in the booii in ms prcst'iice. lie was a piisoner undergoing sentctice tor obtaining money under false i)rctenees. lie is not the best of characters. 1 will not say prisoner said, I atn a ciiiziii of the United States. In the book it is said, 1 am an American citizen. I read over to prisoner what was in the book. Re-e.\atnined. I understood he meant a citizen of the United States. George Whale, sworn. I live below and near I'ort Erie on the l\i\er-road, three miles below the Xewbigging Earm, j\ist south of the town line. The Eetiians came on Eriday night, the 1st ot June, between 1(1 and 1 1 v.s\. There were ")()() or (ioO of them. They took my boots and jiauts. Tlu y wanted me to show them the road to Kidgeway. About 12 they went to the town line, and along the town line 1 j, nule from tiie river. Tbeystojiped and camped there all night. On Saturday mornim.' at -iumise tiiey starred. I took them througli a cedar swamp. They could not take their waggon through with ainimmition. They left it, and threw the aimnunition in the water. 1 saw the prisoner, and was given in his charge with three others to go ahead. An officer, who wore a sword, put me in * Soe Whalni's case, as to aflfair at Kidgewav. )\( K to the sfWi. sci;.) si;i;, |i;iL'i' S3.) (■()))ies of the ■onto. live i\ot been llic Kxirntivo )ri)iiouiicc(l on MUNCK. tin- trial off. will clmllengc uikIs stilted 111 I'd coiiiities of my ortii'c. Mv 1 liave no iiiis tlic! process U) it. these books. ] •; sinct' lie was [c'Xabb, lie says n. (ksciiption as it peace. The iiniiiiiscs. He of Ariiiairh. I as aiie.-itcd first ■e.-ted a beeoiid thi> tinie 1 was lino. McNabl) ee for obtaining ot say prisoner iiuricaneiti/cn. nad, three miles ame on Friday if them. They vay. About \'2 They stopped I ti)oi< llieiii h aminuiiition. , and was "ivcn ord, put me in .53 charge. The officer said, take care of ine. and march aloii^'. I'risoncr was not armed, the otiiers were. 'I'hi' otiiicr ean.i' about I o'clock, and said llie>>c iikmi (the prisoner and other tiircc who had nic) have biiii on duly all day and uuist be relieved. They were relievt'd by eight otiiers ; I went tlu'ouirli the cedar swauip willi them, and a-ked them about (i A.M. if they would lei nie go, and tiiey allowed me to l;o hiiiiie. 1 suw the prisoner just belore I left slaudiim by a tin; s|K;d i'..\i. I saw prisoner about 7 standing guard witii another, both armed willi rid^s, over .Mis. Uristow's door. She kee])s a tavi'rn there. I went up and spoke to him ; 1 examined his gun, which be handed to me. lie showed me how it was loaded. It was a Spencer breaeli-lo.uiinLi rille. ! K' uave mo to understand he had come iVoni 'i'ennessee ; had been in .Meseby's (iuerillas. and that the ■z\u\ had done good service in the Southern war. 1 next saw him on Sunday about N a.m., and the same one who was with him. almost at the same place, i saw .Mr. Tupper, a (lovernmeul Detective, st;mding close by them ; he asked if the)' were Fenians, and I said \es, tliev were standing the niudit la'iiire. Cross. c'xamii.i-d. When he had the horse he seenu'd inloxicated. Tiiis was aliout 5, but al 7 he was straightened up and was vn guard, lie was not armed on Sunday when 1 saw liim. He was dic.rsed in a plain eommon-K)okiug dirt) dress and a slouched hat. He had \ery little beard. I '.ould recogni/e him among a thousand. His face ^vas blotched more than now ; v( ry dirty looking. I think he had grey clothes. His arms were dillerent from the rest. I am sure lie is the man. iv Tupper, sworn. 1 was at Fiiit Faie on the 1st .)ui:c last. I saw the Fenians on the wayu|i to the Foit i->rie, and back of it. They were armed. I did not see prisoner till Simdav, the .'ird ol' .June, o|)posite Mrs. iiristow's. lie wn.s with another man, and I was told ihey wi'i'c I'Vuians, and arrested them, lie said hr had gone o\er to the other side on Friday, and returned that e\eiiinu:. He said he belonged to Uoehester. l.orenzo Ihistow, sworn. 1 am pas' thirteen. I am a son o[' Mrs. Iirisiow, wlio lives at l'\jrt ICiie. I have seen prisoner at Fort Frie. 1 saw him on Saturday after tlie light, at 4 v.M. He had a grey liorse walking about. He was armed. He had a carbine. i '. . «4 Ivjf i •\. i : lie was on guard that nitjlil at luy inollici's lioust.'. Ili- iiindt- iiic a present of tlic jfrcy liorsi' and 1 niiulil have tlic gini. lie kit the Iioim' in flic barn lor nie. but a man claimed tlie iior^c ironi lllii'.'euay, and ,:iave me "_' il'illars. lie was on unard in tlic morning and till tiie soUlieis immw. Cross-examined. 1 le bad a wide-rinnned bat. Was solier. lie was at our iiousc from Saturday till Si;nda\. lie was (Ui yuard and ibey lelt liiin. lie ^.ive mo the btjrse l)cft>re lie was talveii l!■i^■'ner. 1 do not Know wiio^' hoiM- it \\a^. I'lixiner is tlie man. I saw bim liist on Saturday i)elu, 'en '^ and I. lie bad llie borsv! and was sober, lie remained about our lionse. lie t-ot diimU on Sinulay morninu' .nid I fbini; on Satinday. I i;ot tbe uun and bave ii now. it is n lireeeli-loader. .lose|)b Siiuyer, swirn. I saw |iii-oner nw Silurd.iy al'iernoon beiwt'eii .'i and Ii, witli Colonel Hoy. en(|uiiniL; about iirisoners tlie villa'^. rs bad eiptnreti. I'ri-^onei' rode a j^iiy liorse and bad a Soeneer breeeli-loader. Tliey asked where the jirisoners were. I said, in the 'I'u;,:; IvDiib. They wont and evanilued ilir Court-rouMi and found tlu'y were not there. CrosN-examined. I'lisonei' bad a siouehed iiat, a lont;' euat. I laimot say bo was i;ili xieated. lie rode straiuiit. Colonel Hoy I'ode aNo. I ^aw bim next in ::;aol in .hdy here. I reeot^'ui/ed bim the moment 1 saw liini. I ,'.;!mol ie!l how I know iinn Imt I do k'aw bim. I'risiaur had lai unit'orin, John Kay, sworn, 1 saw |irisoner (ui Saiurday "Jnd .'une aimnt I p.m. at Kort Kri( A iiumi many weic witli i\im. v\ e wci'e (h'i\en into Lewis TuM-rn and I hero taken prisoners alter the lijiht. S',\eral lami in alterwc surrendered. One look me and ordered me out to fall in ;.s ii [ni-one;-. I w lit out at another door an band. He rmie in front and :^aid. it y< u do not iall in as ii pi'isoner I will shoot you. Cross-examined, 'i'iiis wa> about 1 u'eloek. He was- excited bul I cannot say intoxicated. He had a broad low bat and a urey coat. There were a u'ood many prisonei'.x and -101) or oOU reni;ins who march.ed ns up to the Fort, i leeosni/ed the |)risoner and McMahou. 'J'liere was another man iii uaol whom I saw on Friday. The pri.-oner bad little beard. I said to bim on Sunday. \ou are tlu- man wliu drove me in yesterday. He did not deny it. Adim Kiny Seliolield sworn. I :ini a Lieutenant in Wclland Canal Battalion. I saw pri-oner first at Fort Kri(-. at Mi -. tiri>low's. before (i a.m. I arre-ted three tou,etber. IVisoner was one. I asked where their arms were. They saiil round the bouse. .Ntiuimo went and brouj^bt three Fenian rifles. Cro>s-exaiuine(l. He was in iroiil ol Mrs. Ih'istows in I'ort Frie wlieu 1 first saw him. Wo had a L;ieat coat, slouched hat, and brown pant.-. 1 saw iiini next in gaol. 1 recognized the prisoner at once. Case for the (a'own. Objects there is no evidence lo -bow lie is a ciii/en or the United States. Mr. .McKen/.ii-' objects there is no preot'of bis b.inu' a eiti/.cn ot'tiie Unili'd Sratcs. He makes tlie same objections as in ilavden"> and W'halen's eases. Verdict, " Guilty." Mr. MeKenxie mows In arrest of judunient on the same grounds as in Ilayden's and ill Wbalen's case. Sentence to be exceuted on the I'!!', dav of December next. (Signed) J. \V. WILSON, .1. C. P. Copy of .ludEe \\ ilson's Notes in Tin; Quken r. Tiio.mas School. Indictment under the Foreign Aggression Ajt. Two sets of counts: 1st, three against bim as a citizen of the United States ; i he 2nd, three as a British subject. McKenzie objects that there arc two s^ts of counts. The Crown should now elect which they go on, and that the pi'isoner ought not to he called upon to answer both. Overruled. John Metcalfe, sworn. 1 am a private in the Queen's Own l^see evidence in \Vhalcn'.s case as to aii'air at RidgewayJ. 1 know the Governments of Great Britain and the United States are at peace. The priioiier made a statement to me. I held out no threats or promises. Ho said, I am a native of the county Tyrone, in Ireland. My usual place of residence is Buffalo. I work as a puddler. I was arrested in a house in Fort Fric, on Saturday the 2nd day of June, between 8 and t) a.m., while talking to two women in the 55 IiouHC. 1 cn.sscd over tlic river in ii small bunt bv iiivsilf on Fri(lu\ aficrnooii about 4 o'clock. Cross-cxaminrd. It was about, tlii' cud ol" June he made the statement. I cannot tell what part of the j^aoi this was taUen. 1 read it over to liiiii since and he said it was correct. 1 did not read from the book but (roin a coj)) of it which 1 Imivc not. I referred to the book this niornint; before I came into Court. I have seen t! e 1 ooU since. I saw MeNab write down what lluy said. Tiie statement was read to .very ;)risoiier after it was taken and they assented to its bein|j; correct. The statements were taken that any that were not guilty mi^ht be let uo. I cautioned him that the statemeui would be used as evidence aijainst him. 1 slajiiid not hke 'o swear a;,'ainst this |)riM)ncr without rcferriii- to the book. 1 read to prisoner from this book in October last (i'\c book was I)ro(luccd). Ke-c xaniiiicd. I read his statement to the pi, -oner from this book in October. The prisoner admitted it was correct. " Was arrested on Saturday morninu; Jnd .hmc, 1S(JG, between H and ',) o'clock in a bouse at Tort Erie, talkiiii;' to a couple of women in the iiouse ; crossed over from Hutfalo on I'riday 1st of .lune, at \ o'clock p.m., in u small boat by myself." F read I ids over and he said it was correct. C'ross-examiiu'd. The |)risoner has been in as one of the renian prisoners since ,Iune. Dennis Sullivan, sworn. 1 was at Fort Erie at the raid. I saw prisoner at the Lower Ferry on the 1st of .June, lie was underarms. I was a prisoner under tlie prisoner. lie was armcii with a riHo and ii.\ed bayonet. F saw him brougiit to the Ferry Dock on Saturday as a prisoner. Cross-examined. F am in the Royal Canadian Rifles. I do not know who arrested liim. I saw him first at the F.ower Ferry about half-past 4 a..m., 1st June. I was held j)risoner there tijr two hours and a half. I did not notice his dress, lie had a cloth cap. Prisoner and seven men and a sergeant had nie in custody, lie was sober then but he was drui\k on the Saturday, liarney Dunn and McGrath were on {,'uard with them. I was made a jjrisoncr on the "indof June, about .'i o'clock p.m. On tlic 1st of June he had a fur cap, on the 'Jnd of June he had a straw hat. About 10 a.m. 1 saw |)risoncr, be seemed tired and sat down, seemed under the influence of licpior. He had a rifle on Friday with a bayonet. He heard I had been arrested on my way down, and when I came to the Lower Ferry the guard was detailed to keep me prisoner, 'llic jirisoner was one of the guard. He was sober then but was drunk on Saturday. He was guard over me off' and on. Joseph Schrycr, sworn. 1 was at Fort Erie on the 1st of June, 186(). 1 saw the Fenians marching on the bank of the river towards the village armed, marching principally in a body, between 5 and (J o'clock. I saw prisoner between 8 and 9 in the morning armed with a l^'tnian rifle and fixed bayonet. There was a military escort sent from the Fenians to bring in stragglers. My attention was called to a scuffle. On approaching I found the prisoner drunk and two men were trying to take him with them, but he was unwilling to go. He had his rifle and fixed bayonet, and came near sticking one of them. I saw him on Saturday about K) a..m. brought in a prisoner. He was .sober then. Cross-examined. 1 saw him between 8 and 9. The men who tried to take him appeared to be armed — so was he. Edward Henderson sworn. I am a private in the Wclland Canal Rattery. I have seen the prisoner. 1 saw him on Saturday, the 2nd of June, about 1 o'clock p.m. in the Court-house at Fort Ev'w. We had brought in a prisoner. 1 asked where he came from. He said from Toronto to look for work. He had left Toronto on Friday morning. Cross-examined. He was sober then — about 1 P.M. He was then in the Court- house, a Fenian prisoner, in custody of Acting-Master Burgess of tl\e Naval Brigade. llc-cxamii.ed. The villagers brought in the prisoners there for safety. Case for the Crown. James Conlin, sworn. I reside in Buffalo. 1 know prisoner. 1 saw him on 31st of May, on Thursday, in Buflalo, under the influence of liquor. He called at my house at p.m. under the influence of licjuor. He wanted me to drink from a bottle he had. I wanted him to go home, but he was unwilling. 1 took him in to tea. He tooii some, but did not eat. 1 said then, Tom, go home to your boarding- house. He wanted me to drink. 1 took him part of the way home, but he met with some people, and he went with them. I went to the Fenian Head-Quarters. On my return 1 met him very drunk. 1 said, I thought you had gone home. I said, go home or you will be somewhere you ought not to be. He said thats so. 1 said go home, and I led him up Ohio Street, but he was so drunk I was ashamed, and he fell. 1 met him again with his bottle soon after, and about 12 o'clock on Thursday night, I saw a party of Fenians marching along. 1 met prisoner with Bernai'd Riley leading him along drunk. [82] I !• fi<'' ii^ I Hoid lie is not (il Id ','<) over. He snid, I am goiiiR to si-nd liiin over. I tolUmod, and at till' l.iiMliii:;' I -iiA |iii>.iiii'r dniiik. I said, ii(>\v is ytmr tliinicf to mt a\\;iy. I tried to prevent lii< udiiiu, l>iil llioy |iUMlu'd liiin iiitu tliu boiil. I jiiiii|i('d in and tiied to u;('t liiiu out, iiiit i NvaH |)Uhlit'(l out and tlu- prisoner pushed into Mie liold of tlie eanid boat. I .saw liiui on Fiiilay alt.rnoon, about •') I'.m., on MueKinnan Sueet, in llutf'alo. I said, Ih it possible \on are here? He said, yes, 1 ran nwiiy troni tluni. He is a (|\iiet bard-working man, lull iiiiiks l,,nd. Is iioi very bright. Is easily In!. He i» very l>)oli>b wliun drunk, nnd bard to lieeptraek of bini. C'ro^s-exuiiiiiied. He has been in the liutiulo lidiiworKs. 'riicir are some Peiiianft in the inill. Cue of tic men who worked in the mill bad told of liim. On Kridiiy after- noon be \.,is (linnk. Till re was a irreat deal of exiiirinint and a iiieat n.any civiiii'ins. The first lioat ero-sed alioiit I or '2. I saw thice boats eioss. There \. t'lc boxes eon- tainiiii;' afln^, whieb were broken open in the boats. Most of the eiowd were Iri^h. atui thu Kntilish. and Seotih, and AincrieanM hud to keep (jiiiet. I do not tbiiik any ujipeal to that oiier never came back to work. Prisoner eaine and impiired for my h.isbanil. lie was drunk. He acted " quite simply." He moved in a state of intoxica- tion. He moved about in walking. I looked after him a lijw moments. He wa» staggering. Kale . Jenkins, sworn. 1 am twelve. A daughter of John .Jenkins. I knew prisoner for about six inontiis. I had seen him many times. I heaid the Fi niaiis jjassed over oft' Friday inoinin^ ; on that at'tcrnoon between .'$ and 4 o'eloek I saw him. I eannot tdl whether he was drunk or sober. I saw him on the street. Cross-examined. I saw nothing with him, be was alone. 11 was the day after they had gone over. I saw no gatliering on Thursday. 1 saw bim on the last day of school that wtek. It was Friday. Re esamiiied. J heard father and mother speaking of prisoner that evening, but I said nothing aiiout it till I came here. .John .lenkins, sworn. 1 superintend one branch of the works at the mill. The' Puddiinu Dipartmeiit, which employs 150 men antl boys. About 'M)0 men in the mill. The puildlers struck in May, because of a reduction in wages, and they were on the strike all May. I have known |irisoncr since 18.59. He has worked with me since, except one year. He is an industrious man addicted to liquor sometimes. He is a fool then. When sober he is ipiiet. His character is peaceable. I did not >ee bim on Friday or Saturday, lie came to my house on Thursday. He was affected by liuiior. Cross-examined. This was about -i o'chick. Tl.e Kenians were talking of going over. He fold me the Fenians had been talking of going over, but lie was not. I was at home on Tliurxlay. The prisoner had not been at woik Irom the 1st of May. He waa running about the street. Some of the men from the mill went over. Some two or three. I had not seen bim from that time till now. James (iuiii, sworn. I. reside in Buffalo. I work about as I cfui get work. I know prieoner. His character is good. He is fond of liquor. Barney Kiley came to my housa about 4 on Friday, and tajiped me on the shoulder and said, are you ready ? He said yes. He was drunk then. 1 did not see him again. 1 cannot say where they went. He wa* full of liquor. My boy could lead him where he liked. Cross-examined, liarnoy Riley did not say w house. Net a word was said about Canada or the Fenians. They walktd oH' together. lam not cenlain what day it was Thujreday, Friday, m Saturday. J think Friday, the day after Bamey went away. I heardi it frfm thai papers. Tbc day aHmr I saw the Feniana hadl; goat) lo>Caiuula, fnam tka. papoau V9 Re-i'xan)it d. I think it was PViday. "Guilty" oil tiic Hiuitli anil liilli counta. "Not Guilty" on tlip otlicr counts. Mr. McKi'iizii' i^ uinlirstood to Imvc iiiudc the same olijectioiis to mx (li.imf as in the other ciistH. The Cniwn uiidorstiiuilin^ tliut thi« was hiti intention in nil the e.i^en. Mr. MeKcn/.if iiK.ve-- in arrest of judf,'tnent, on the same ;;roiiii(U iis in the last and former cases of conviction, and that the ottenccs charged in the touiili :d lidli eounts are not olfences created hy tic second .section of the Act. That the oileiuc^ in the fourth ftlid filth ( omits an- distinct tjUli!Ucc>, and tliat u joint judgment caunol i>.i.ss miou iheni. Crown does not reply. I do not coniur. Prisoner sentenced to bo executed on tlic l.'ltli day of Decemher m xf. (Si-ncd) J. W. WILSON, J. C. P. l but I Coi'Y of Jiid:;e Wilson's Notes in tlie Quekn r. Wii.ii.\m Si. win. Indictment under tiic I'oreign Agression Act. John Metcalfe, sworn. 1 was a private in the Queen's Own. I w.is nl t!ie hattle of Ridgeway on Saturday 2nd June hist. The Queen's Own, the l.'JtIi R iiallioii, the 11. C^om- paiiy lor Calciloiiia, and another eoiiipany. We were in uniliirm. WC uiic atl.ickiid by the I'Viiians ;it I.imc Kiduc They were in considcrahh.' lorci-, ainirl. I s.iw Lieutenant McKachren wounded a lull ' in front ui' me, and I saw him (had alleiwai'(i>. A man was shot hy my >ide. i am euiplujed i.ow at the Old (Jaol where the |>ri-.)iKis are. I know prisoner. 1 made no thieats, no pioiuisc. i cautioned him that ai.Mliiiii; he miL;ht say would he used as evidence against liim. lit told me he was an Aimricaii citi/.rn, a native of New \'oik ; a gilder hy trade; a lloii:an Catholic in religinn. He iime from a place in New York called lloweve. near Rochester, lie crossed over fiom lUitliilo to I'ort Krie In a ^kiH', on TliurMlay, the 3\^ Ma^', between G and 7 in ili • Mitcriiooii. lie was arrested on Saturday, hetwei'n 10 and I'i.rt'ejock, in a cider iiou>e. I U- was asleep at the time of his arrest, lb' did not know what partjjf Canada he was in at the liiiu . He did not know l''oit Erie. A man by the name of J^hn Hughes (•ros> d over witli liiin; a mun he did not know, and paid his passage over. He said he had liceii in l!ie American army. Cross-examined, i am a turnkey in gaol. 1 was not diiKtl to lake these state- ments. 1 did it as a matter of duty. 1 know it as a tact that (oe.it IMlaiii is at ])eacc with the United States. rriMHier is deaf. He did not tell me llo^^ be i;"t ileal'. He said Huj:lus and he came in a >kitl' with a man they did not know. I man'licd tlure with my otHcer, and did as I wa- bid. 1 fired. 1 cannot tell how many s'l. u I tinil. It com- menced at 7 A..M., and la-ted over an hour. On my way from UuLt Aa\ 1 .sometimes went with one, sometimes with another. 1 did not get to Fort Erie till Monday. John SloeUdale. sworn. I live in Hertie, about a mile tVi'm Ncwliiiririns. 1 saw prisoner alone in IV' ..t of my house, on the road, on Saturday iii. ii.inu' aliuul 4 o'clock, A.M. lie bad wir ; I suppose was a Fenian rifle. It had had a hri.: l liairel with a bavonet on it. 1 saw t' ,• ritle ailerwaids; he gave it to mc. Jos. Newb j^ ii ..nd Williaiii Miller took him priscicr. They wanted to know where his arms wn , he said he had none. They saw tin rifle. I handed it to Captain King. 1 went to tli He came u;. to me and liai.di d me the rifle to take care of. He ;.- he euulil lie down, for he was liri'd. 1 said I had, and took \aiil. •' Have you le I llieiii at a place 1 . i.liliy. I'liis would \ I let ween '.) and 10 ,1 , imped about three .y pa.-seil, and he then i V Fort Erie, on the . -..lid he ))ieked it up I II iliciii, and I think iiri.soiier. There had lie ^^as perfectly i .la«t. lie laid down I 2 \ i 98 Mv. Stock- liiia up. I He said there were a dozen arms where he picked liis up. Prisoner is hard of hearing. He said he was hard of liearinji. He liad been in the American army — in tiie artillery. Had lost his hearinj:;. Me said he did not know tlie Fenian watchword, and he was ad'aid he would he clia!lenu;ed ai,,t shot. He said he had hecn with them the night bel'ore, and got away from them that morning Aecording to his -tory, he was with tlu'ui all night. I think he said all niuht. Ke-exainiued. lie said he had fonnd the rifle aliout a mile down IVom my house. I understood he was afraid of onr force as well as the otliers, from his deafness. Josejih Newhiirtrin, sworn. I have seen the ])ris(iiu'r before, 1 saw him i:i dale's cider house, about 1) in the morning. He was lying asleep. lie woke made a jiiisoner ol' him. I s;iw a Kenian rifle in the eider house which 1 inulerstood beloniri'd to him. 'Plicir rillcs had bright barrels, and were difK i\-nt tVom any I had seen. The locks were marke;l " l?rideslnirgh." I saw lots of them about after. ' saw hetweeii ii;')() and 'M)0 rifles destroyed, some were burned, some smashed against liei's. I -upposed they had more ritles than men. The rille he had had a bayonet on it. I did not hear what he said. I caimot -^ay I heard him make any statement. Cio-is-examined. I saw the ritles on our farm. No stranger was allowed to take rifles from our farm. If 1 had seen any 1 should have taken them from liin'. William Miller, sWi)rn. 1 was at Stoekdale's on the morning of Saturday the 2nd June. 'Ilie prisoner was there. He said he had no arms. Stockdale handed a rifle to Ci.ptain King, and said it was the prisoner's, but not so loud as prisoner eonid hear it. I do not know whether he saw this done. Adam King Sehotield, sworn. 1 am a Lieutenant in the Wdland l?attalion. I saw prisoner on the morning of the 'Jud June as he was marched out of a eider house, three miles below Fort Erie, lie was with Captain King and his men. There was a Fenian rifle brought out. I'risoner «ai(l he had come over to get work. I did not hear much of the conversation. The W. C. Field Battery were attacked on that afternoon. (McKenzic objects that prisoner is not responsible tor anything that was done after he was taken.) The Crown answer they dio not charge him with what they did, but offer it as evidence from which their intentions in coming are to be inferred. (McKen/.ie t'urtlu'r objects that nothing they did while he was not present is evidence against him.) The Fenians attacked the \V. C. Battalion and the Naval lirigade at Fort Erie. The battalion was .')4 men and 'A oflieers. The Fenians were 'xveral hundred. Captain King was shot through the leg. below tl ' knee, and it has been amputated, and four others ; Fergus Sehotield was shot through the leg. which has been amputated ; John Bradley shot through the leg, about the knee, and since amputated ; Robert 'I'homas and John (laverton shot through the legs, but not amputated. Wc were in uniform. Case tor the Crown. McKenzie objeds there is no evidence on the first and third co'.uts. As to the third count, there is no evidence he was in arms against Her Majesty. No evidence of his intent to levy war. No statute in force. The statute in force when this ofl'enee was conniiitted was rei)ealed. Hefcnee. .John Hughes, sworn. I know prisoner. I met him in New York city. He had engaged last .April to work in Iit)neoye, in the state of New York, lie left that on the 23rd or 2-4th .May. I'risoner and I went to Rochester. Then we walktd to Hufliilo, Prisoner could not get work ia Mochester. We went first to tiie Falls; then went to Buffalo, and got there on the .'31st A!ay Prisoner ealkd on one Jaiiies bandridge, who is a carver and gilder, to .see if he con!d get work. Qandridgc works witii Teller and Corning. I did not sec Dandildgc myself. Prisoner did not get work, there was no room for him to work there. Daiuirid'j,e gav;; him three dollars. As we were passing on to Buffalo a man beckoned to us. aurl asked if v.e wanted wo.'k. He said, " if you war.l work vou can get it on the Erie and Ontario road, and a dollar a-day Canada money.' .ii'.nius was the man '..ho called us over. Two men gave ns an order to jjass over the ferry to Canada on Thursday. Wc went and went to the sujii'rintendent's house, but did not sec him. .V man asked wluit we came for. We told him, and he referred us to the foreman, whom we saw. We said we would work for a v.hile at least. He sent a boy to take us to Smith's, to ask him to hoard us. We had supper, and sle|)t at Smith's that night. There uas then no excitement. Smith told his wit'e to get us breakfast, but while it was gettirig ready the Fenians came over and eat everything up. 1 was going out, to go to llie fo.ema.n's, hut two men with guns prevented n.e. 1 remained over an hour, we could not get out. I said I wanted to go to work. They said then; would be no woi'k done there that day, except what they did. Alter we got out, I tried to find the foreman. I and Slavin were partly in the woods, and laid down not I'ur Irom Smith's. We wandered about all day. hearing. iitilk'ry. vas iili-airl lore, and nil iiii^ht. ly house. Ir. Stock- Ill II)). ( luli'r.xtood liad seen. In'twceii -ll|l|)OS('(l nut licar 1 li> lake tlie 2iid a rifle to lear it. 1 n. 1 9i\\\ use, three a I'Viiian r niiieh of MeKenzic as taken.) evidence )jeets that s attacked s .')4 men roiii,fh the lotield was h the leg, )t tiiroii^h o the third ' his intent committed . He liad lat on the ;o Buffiilo. ■n went to Ige, who is 1(1 Corning. )iu I'or him Bufl'alo a Ilk you can IS was the Canada on ini. A man )m we saw. ill's, to ask 13 thcri no ; ready the man's, but ret out. I ; that day, Slavin were ut ull day. We were kept in Smith's an Slaviii came on a t'erry-lioat, We did not pay our f'erriau;e. 59 I parted with Slavin at .') p.m. He said we had better get to some house, for if jiickets arc tliiowu out we may «;et shot. I said we had better get into some house and hide for the night. We went to the ferry, but having no money the I'erryman would not take us back. I saw hundreds of armed men about. I supposed they were Fenians. Prisoner left me aliout 7 or M to sleep in a barn. 1 saw prisoner iie.vt in the tuL? under arrest. Prisoner was under liquor on Friday. lie got it at Smith's, lie could walk. J saw arms scattered about on Friday. Boys were picking them up. hour and a half. ('r()>s-e\amined. 1 was taken prisoner by both parties, not in a >kiH'. No one paid our hill. We bad a bill to pay. I do not know who paid it. Vvo went to the t'oremaii. then to Smith's. We got over about ;") or (i in the evening of 'riiiirsday, and slept at Smith's. Wo got up at T) .a.m., and first saw the Fenians tbrec-tjuarti-rs of an hour afterwards. I was arrested at Fort Krie on Saturday niorning. I had not lione throuudi a ])ou(l of water when I was arrested. It was one mile and a bait from where 1 parted from Sla\in. I ;le])t out all niulit in the woods. 1 had no pistol. Prisoner had no rifle. 1 had wandered about all day, laid down in the woods so'.iHtinies. No guard on the ferry. 1 bad luard of the I'Vnians, but 1 did not bcloiii.; to till' II. I am ;'.n Irishman. 1 had known prisoner only from the time we left. I was arrested between 9 and 10 on Saturday morniii;;-. i threw down nothing belore I was arrested. .James Dandridge, sworn. 1 reside in rmfl'alo. I am an ornamental designer, and work with Teller autl Corning. I know prisoner. I first knew him in 18")7 or 1859. Prisoner was a preparer of picture I'rames for gilding, lie was a steady man, a first-rate worker. We worked loLjether in Boston in the same shop. I next knew him at ISaddu Ferry, in the army of the I'nited States. I ne\t saw him on the 31st .May last, at Buffalo. He called to see if I could get him work where I was. I gave him the address of another gilder. He did not get work. I gave him three dollars to help him, being out of means and out of work. He had said he thought he could get work on a railway. I advised him to get it, and work his way to Toronto, where he could get work at bis own business. I know Toronto workmen. They did not use machinery at his branch of business. He left to i;o to t^^et work. He is not a man likely to join this. He is sympathetic and kind liiend. He left at three in the afternoon, saying he would look for work. Cross-examined. I am an Englishman. Have been in the United States sixteen years. BuHalo had then a great many people, Fenians. I aslied him if he was one. He said be was not. I gave him three dollars, and that was the last I saw of him. Mrs. Aim Smith, sworn. 1 live in Fort Erie. I lived there on the 1st of .Tune last. My husband keeps a hotel there. I saw prisoner and Hughes first at 5 p.m. on the evening of the .'51st of May. 'I'hcre was a hoy who brought them to rny house : he was a stranger. The bov said he had been sent by Mr. Alel.eod to get these men to board, for they were going to work on the railway. McLeod had sent others. They had several drink's they paid for. some they did not. They had supi)er. We had only four or five boarders there. Hughes said to Slavin not to pay for the driidvs. 1 then asked my husband if it was right. He said, yes, if they are going to work to-morrow. We had been ])aid for a few drinks they had in the forepart of the evening. Prisoner went to bed about 10 in the evening. I saw them n"xt morning about 5 o'clock. We were routed uj) by being told the Fenians were there. 1 awoke them, and they got up. Tt was about .') o'clock. The Fenians got to our house about .') o'clock. They came in and ordered breakfast. They said they would arrest every nii.n. They placed a guard over every door. 1 got breakfast for them. They said I must get it. They did not leave me much. The Fenians said to Slavin juid Hughes, who were cutting up, and saying they were not Fenians, "if you do iu)t shut up, we will take you prisoners.'" Hughes and Slavin were (he prisoners of the Fenians, and I heard them .say they were not Fenians. One of them, the prisoner or Hughes, said there will be no work done here, we had better go to the other side. I heard them say thev had been hired by McLi'od to go to work next day. He used to hire men. 1 thought they had been drinking. They got breakfast at S, both. I waited on prisoner myself'. 1 did not see them after '20 iiinutes past 8. 1 saw men of Fort Erie on Friday afternoon carrying rifles to the Custom-bouse. Rifles and canteens were lying about all Friday and Saturday. The parties who brought me here W(;re looking for McLeod. Cross-examined. Slavin and Hughes were brought to my house by a boy. 'I'hoy told me so. They had been working on that road the week before. I think they were working on the road the same week. Some of the men boarded with us. One nun by the name of Mack, used to board a week or two before this. I cannot mention one man who boarded with us on the .31st May. I did not see McLeod for a week before that time, nor since. Sluvin and Hughes said they had been sent by a man-.by.tlie name of AlcLeod. ■I i ,60 Id; tf; • jPi' Huglies, I think, said so in Slavin's presence. The four or five who hoarded witli us tlven were not lailwiiy workers. They were not engaged at tiiat time. Tlu; only two tliat left our house oil tiu" 1st .[une wero Slavins and Hughes. The men who came across vv.tye Fenians. Slavins and Huijhcs .said, they were no Fenians, and were trying to make their way out. The Fenians would not let them. While the l'\nians were at breakfast they were kept prisoners. They took breakfast with a few of the Fenians. I knew of nothing to keep them there after breakfast. Tiie prisoner and Hugiies (lid not leave till 10 (j'elock. I heard one say to the other, you had hettor keep the three dollars. Slaviii, I think, spent r»0 cents after this. We trusted them on the laith of their working on the railway. Tlie Fenians went away between 9 and 10. A few remained aiiout. It was towards evening tiie arms were scattered about. The guns had bright bands. Ou' house was search"(i for Fenian arms on Sunday. They found nothing but me. 1 did not sec Slavin or Hughes. Ke-examined. Neither Hughes nor Slavin had arms, and seemed strangers. It is not usual to renienil). r names. People did board there, although I do not remember their names. My liu-hand ke. ps the time of the boarders. I attend to t!ie kitchen and bor sometimes. Defence. Vcnhet " aniltv " on the 2nd count. " not guilty " on the 1>I and :h-d coimts. McKenzie moves in arrest of judgment on the follo\\in^ gi oUUdS 1. Tiiat it appears on the lace of the indictment, that the olllnce charged .against the {wisoner was eo'umitted in tiie county of Wclland, and tlie indictment therefore could not be legally |)rel'eired against him under ^he statute L'!) ^i: '^(^ Met., cap. I, sec. 3, in this .Court. It heing a Court (or the United counties of York and iVel. The authority of the statute being restricted to single counties, and that the verdict and the indictment are illegal. 'J. That liie jirisoner is charged in the 2nd count with an offence ditrerent from that created l)y the statute against citizens of a foreign State, and iMiantliori/e.. I saw ICnsign McHacliren wounded, in front where I was, and I saw bun dead afterwards. I saw a man shot dead by my side. The force wdiich we met were i-mhodied, an I in arms, and called thenisi'ive-i l'"enians. I saw prisoner in gaol. I made no threats; no promi.-.i's. 1 gave him tlu' u>n:ii caution. He said lie was an American eiti/en ; n^id to work on steam- boats, and a native of Louisville, Kentucky. He had n-i home; be last came from Buffalo, (ireat Britain and the United Slates are at peace, and wfie no then. .Joseph Newbii^L'ing, sworn. I live near Fort Erie; ani a >on of Thomas Xcwbinging, On the moininu- ot' the 1st of June, 18(i(i, about dayjiuiit. I savv ihr Fenians come from the state of New York, and cross in four canal-boats, towed l)v two tngsj, aild'thcy landed on this side, at the Shingle Dock, or Lower Ferry. They appi'ared to he 700 or SOJ). fSlost were in |)lain clothes ; some had green tunics; some .\iueriean uniform,, undress ; some partly tiimmed in grciii. They carried arms, and were armed. I saw the prisoner that day, between ;') and (i in the evening. He was dressed in plain clothes ; a green veil about his neck. He had a cartridge box, slung by a belt aionral Ins wai.-it. He bad a Feni.m litle and bayonet. He rode a roan-coloured horse, which 1 k»yrnt belonged to the rtj. Ui. Railway Company. He spoke to Cranmer Riccly, who stood near me. He said, " Give me the rest of that money." He pullpd out his pocket -book, and said, "I have «►, li us tlien o tliat left LTOss \v«yc nakc their ast they )f nothing o'clock. 1, 1 tlurjji, ic railway. s towarils 10 use was sec Slaviu It is not inbcr their 1 and bar its. linst the could not . 3, in tills lity of the ctnicnt are Voni that I lie statute nu'iit, was cd on the icn in the ound here J. C. P. IC battle of , tlic 13th loiiuileeis, ot say the ■aw ICusii^n saw a man and called s. 1 gave on steani- •aiuc from c\vl)iii;;ing, come ti'oiu hcv landed ess ; some soncr that green veil lie IkuU ged to the He said, , "1 have *, but very little left ; I gave you nearly all I had before." The prisoner said, " You have lots of money." lie gave prisoner 80 or S!i cents, in 10 and .') cent pieces. Hieely asked him it' lie would not keep the boys away. Prisoner said he would now he bad soiuetbing to treat tbein with. That was th ■ first and last time I saw bini. This happened at Ricely's house, wliicli is I] iiiilc from where they landed. I was tiiere at tea. He is a farmc!' tiiere. It was lietwcen '> and 'i in the afternoon. We were sittiiin' outside, with one William Miller. The juisoner rode to the gate, and we went to meet him. Cross-examined. .Most ot tbein were armed. Some wore ;;ieen tunics, but most had civilians' eiotlies. Prisoner rode down towards the Shingle D.ieU wiirii he jell tlic lane leading iVom Kieely's house. I saw ])risoner in Toronto ; I piei Mu-ro. Riccly talked with them. 1 thought he was a little in liquor. He sat his lior .. ell. I did not know his talk was wild. I think he bad all his senses about bim. i lot kuojv when he was arrested. I next .saw hiu> in gaol here iu July. I recognized l. at Qncc, and a few others. I have no doubt he is the man. ' f Case foi' the Crown. : ♦ ,;* r A • U /'ft V^ 62 Defence. McKei'zic reads affidavit, by consent, of character. Good. Was a soldier in the United States' army in 1H()3. McKin/,ie obji-cis to my charge, on the grounds taiicn in Parry's case. I should not have told tlio jury that it lay on the prisoner to show he had business there. I should not have said, " Can there lie any doubt prisoner was at Lime Kidge or Foit Erie';"" 1 should have told the jury that his riding up and down 2 miles from the eamp was strong eviderice that his object was private plunder, and that the Crown had to show by direct evidence that prisoner was connected with the Fenians. I did not tell the jm-y that it lav on the prisoner to show lie had business there, exec|)t in illustrating how a man may relieve himself from imputation ; and I told the jury that a man needed not, unless he chose, to jj ' "■.)y account of himself. Virdiet, Guilty. MeKenzie moves in arrest of judgment : That it appears on the face of the indict- ments that the several oll'enees charged against the jirisoner were conunitted in the county of Welland ; and the indictment could r.ot be legally preferred against him in these Uniti'd Counties, muKr the 2!) and 30 Vie;., cap. 4, sec. 3, in this Court, being a Court for these Lhiited Counties — the authorifv of the statute being confined to one county (R. and K. l.')S. Rt'\ r. Hewitt): that the {)risorer is charged in several counts of otl'ences different trom those created by the statute at:anist citizens of a foreign State; and in the tiiird couiit he is charged with having conniitted a direct act of hostility against the Queen not n\cntioned in the Act at all ; that it appears that the oflcnces were committed on the 1st and L'nd .June, 18(j(), befoK ■''ic passing of the statute 2'J and 30 Vict., cap. 4, sec. 3. Scntencei". to be executed on tlic 13th day of December next. (Signed) J. W. WILSON, J. C. P. .0'?'^ '^^ Copy of Judge Wilson's Notes in the Queen ik Daniel Whalen. Indictment under the Foreign Aggression Act. PRI^f'iNER is put upon his trial — on the first juror being called, McKenzie for the prisoner challenges the array, and the prisoner himself challenges the array ; and his Counsel slates on the following grounds. They are tiled. Noon. Court adjourned till 2 P.M. 2 P.M. Court opened. I have overruled the allowance of the cliallenge to the array. McKenzie te.iders a bill of exceptions to my ruling, which I decline to receive. 5 P..M. Court adjourned till 10 a.m. to-morrow. 10 A.M. Court opened. McKenzie moves to quash the petit jury list, or to put off the trial until next Court f Oyer and 'i erminer, or for a rule on the Attorney-General to show cause why the jury •lel should not be set aside, or why the trial should not be put off to enable prisoner to •e to (juash the jury list. See motion paper. iNlotion refused. McKenzie moves for a precept to summon a jury dc meditate liiujucc, and it is granted. the precept was being j)rei)ared he declined to have it. liii Metcahe, sworn. Describes the affair at Uidgeway, the same as his evidence Wbalen's case. The United States and Great Britain are at peace. •e seen the prisoner at the bar. I eon'-ersed with him. I m.ide no threats, no lie said, " I am an American citizen; I was Ijorn at Siniising, Jackson county, v York. I live a portion of luyiime in i\jj',.ila, Albion, and Tecumseth. 1 left t three years ago, and went to Cle- ^,^^^^1 j,; Q\;^Q^ \ left Cleveland for Buffalo of Muy last, to go to Irelan'J^ ^^/ liberate her 1 crossed over with several t hne meanal boats. ; ^^,^^ ^^.^^„j^,, ^^ ^.^^^ g^.^ig,... i subsequently saw ...c riKUi snoulder, the ne->„, ...d the left ear. A wound made ^ ""'^ f^'^'l; H t Z the wound. - , ; • , the reason they retreated -- th;.t - o h J riuht about face, ".^^tead of forward; and the lu'c was so hea^ ylu.> could This he told ' f 4t Colbon>c, while he was lymg wounded m the ind an.^:,,/^Lrplrte,l were -:uU^ aml^-g jn the ^.n.. bed. ^^^I •,v i^any they bad. I'artell --;--i^ '^hI, Sed, Colonel O'Ncil. I .. ..... 1 -ked who comnumdcd U^^^^^^^^ Both said they had been in «: r 'pr- ^nJ^rwSt oltl^td tllir o.Hcer had g.veu the wrong word «2 f the tire was so heavy they had to retreat. were case. 63 Cross-cxnininecl. He seemed at ease when the prisoner S])oke to mc. 1 did not then sec j)ris()n(T's wound. It was then bound up. This was about 7 a..m., on Sunday. The battle happened tiic day before. He said tiie fire of our troops was so heavy, we were obhged to run. The memorandum in the book was written by Dugald C. McNab, who was in i^aol for receiving money imdcr false pretences. 1 did not, to my knowledge or recolleetioii, use harsh words against the prisoners. I said if they were not punished 1 should lay down my arms. I said 1 should not take prisoners at another raid. McNabb asked me to go with him, and I went. Alexander Lawson, sworn. I live in J'ort Colborne (McKcnzie objects to his evidence ; his name is not on the Indictment), overruled. It is on the Indictment. \ was at the battle of Ridgeway. I am a civilian, but I accompanied the troops to Ridgeway. I was made a prisoner by a Fenian, by order of an officer. A Fenian officer there gave me this paper. It is read. I went in search for wounded men to help th(;m. I saw tlie prisoner : was wounded. I washed the wound. He was sliot through the shoulder, neck, and left car. lie was in a farm-house with other wounded Fenians. Sentries were at the door; but there weic some of the Queen's Own there. The prisoner had a blue jacket, like the American uniform, trimmed with green. The officer had the same. I saw prisoner's coat which he claimed as bis, and I saw where the ball went through it. Cross-examined. I was with jjrisoner half an hour at first. I went for assistance and brought waggons down, and went with them, and they brought the wounded men up. I saw him then in l)ed. He wanted his coat, and I went and bunted it up, and lie said it was his. This is the coat I (lescril)ed. He did noi seem to suffer ut first, but in the evening he did. He said bis name was Daniel Whalcn. '! seemed to be suffering when he was in the waggon. He seemed then weaker than he was at first. I did not see him again till I saw him in gaol. I went to the gaol and asked to see Whalcn. The turnkey tiled them against the wall, thirty or forty. 1 could not recognize his features, for when I saw him be was all over blood ; but 1 picked him out from tiie wound in the ear, and when I saw it I said this is Whalcn ; and it was. 1 was in the fire. 1 might have been wounded. I did not hear of any wounded who did not belong to one or the other. I saw persons in civilian's dress about there, and I heard bullets. Case for Uie Crown. Robert li. Lynch, sworn. I am a prisoner in gaol here. My home is in Louisville, Kentucky. 1 was in a commercial house. I wrote several letters to my employer, who was to revise them and publish them in the Louisville papers. I was not specially employed by the jjapers. I was in Canada in June last. I was in the employment of James McDermott, of Louisville, who was Assistant-Adjutant-Gcneral of the Fenian brotherhood in the State of Kentucky ; and I was sent by him to report the progress of the affiiir in Canada. 1 saw the prisoner at the bar on Friday afternoon, the 1st June, 18G(), between the Lower and Upper Ferry on the river bank. He was walking with Mr. Lavin, from Cleveland, a railway contractor who has works on the North road. Prisoner was introduced to me by him. The prisoner was not armed. Very few Fenians were there. John Denun sworn. I have been in gaol since June, in Toronto. I lived in BufTalo. I work at the rolling-mill at B. V. 1 was in Buffalo on the 31st of May. He was drinking, and not sober. He did not assent at tliut time to come over. He said his father and his friends lived in Canada, and he would not go to fight against them. This was between 7 and 8 p.m. He was then pretty drunk. He did not appear to belong to the Fenians. C'ross-examinod. 1 did not see him on this side till he came to gaol. He had no uniform on. 1 do not know how be came over. R. B. Lynch, re-called. 1 do not know whether be was a Fenian. He had plain clothes. This was between 2 and 3 o'clock. Lavin had nothing to do with the Fenians. He was walking with Lavin, and did not appear to be with the Fenians there. Cross-examined. The prisoner was sober. John Metcalfe, sworn. I have no recollection of the prisoner saying he never fired a shot. McKcnzie takes the same exceptions to my charge as in O'Neil and Parrv s cases. Verdict " Guilty." On being asked why, &c., McKcnzie moves vO arrest judmcnt, on the jame grounds* as taken in Hayden's case. Sentence to be executed on the 13th day of December next. (Signed) J. W. WILSON, J. C. P. \h [82] See case of Haydeii tor above objections. 62 Defence. McKcMzic reads affidavit, by consent, of cliaracter. Good. Was a soldier in the United States' army in 1 «().'?. iMcKrn/.ie oljjccls to my charge, on tlie gronnds taken in Parry's case. I slinidd not have told the jury that it lay on tlie prisoner to show he had husiness there. I shonld not have said, " Can there be any doubt prisoiur was at IJnie Kidge or Fort KrieV" I should have told the jury that his riding up and down 2 miles from the camp was strong evidence that his obn'ct was private plunder, and that the ( 'rown had to show by direct evidence that piisoner was eomuctid with the Fi'nians. I did not tell the jury that it lay on the prisoner to show he had business there, except in illustrating how a man may relieve himself from imputation ; and 1 told the jury that a man needed not, unless he chose, to give any account of himself. Virdiet, (iuilty. MeKenzie moves in arrest of judgment : That it appears on the face oi' the indict- ments that the several oU'enees charged against the prisoner were committed in llu' county of Wclland ; and tlic indictment could not be legally i)referred against him in these Uniteil Counties, undrr the Hi) and 30 Vie;., cap. 4, sec. ;3, in this Court, being a Cnurt for these L'nitcd Counties — the authority of the statute being confined to one county (11. and 11. l.')S. Ri'x r. Hewitt); that the prisoner is charged in several counts of otl'ences different from those created by the statute a::ainst citizens of a foreign Stat(> ; and in the third count he is charged with having conunittcd a direct act ui' hostility against the Queen not mentioned in the Act at all ; that it appears that the offences were eonnnitted on the 1st and 2nd .June, 18(J(i, belbrc the passing of the statute 2[) and 30 Vict., cap. 4, sec. 3. Sentenced to be executed on the 13th day of December next. (Signed) J. W. WILSON, J. C. P. Copy of Judge W^ilson's Notes in the Queen v. Daniel Whalen. Indictment under the Foreign Aggression Act. PRISONER is put upon his trial — on the first juror being called, McKenzic for the prisoner challenges the array, and the prisoner himself challenges the array ; and his Counsel slates on the following grounds. They are filed. Noon. Court adjourned till 2 P.M. 2 P.M. Court opened. I have overruled the allowance of the challenge to the array. MeKenzie tenders a bill of exceptions to my ruling, w hich I decline to receive. 5 P..M. Court adjourned till 10 a.m. to-morrow. 10 A.M. Court opened. MeKenzie moves to quash the petit jury list, or to put off the trial until next Court f Oyer and Terminer, or for a rule on the Attorney-Gcneial to show cause why the jury nel sho\dd not be set aside, or why the trial should not be put off to enable prisoner to 'e to (piash the jury list. See motion paper. Motion refused. MeKenzie moves for a precept to summon a jury de meditate lingucc, and it is granted, the jirccept was being j)reparcd be declined to have it. ,T^L hn Metcalt'e, sworn. Describes the affair at Ridgeway, the same as his evidence given in^Whal ii's case. The United States and Great JJritain are at peace. I ha^'e seen the prisoner at the bar. 1 conversed with him. I made no threats, no promises. % He said, " I am an American citizen; I was Ijorn at Singsing, Jackson county, State of Ne^v York. I live a portion of myliine in \(jjala, Albion, and Tecumseth. 1 left ■panada a\)oiv'\t thiet- years ago, and went to Cle- g|jj,jj |,^ q'iiJo, j left Cleveland for Buffalo n the 30tb fof May last, to go to Irelan'^ ^^ liberate her I crossed over with several thers to F^ |t l-ne a. eanal boats. \ ^^,,^^ ^^.^^„^j^,, ^^ ^.^^^^ p,,,,ge." I subsequently saw e wounds ^ ^„„ «,,., „_„i . ., " i.rv „„.. A wound made by one ball. a^^eN e hoi und an^:,,/,;;iierp;;;di ;;»; wounded^ .uui^ingj^^^ rartell answered, about 1,000 '''''''.., ^.,^^^ I asked who co.nnumded them; Partell answered, Colonel O^Nul. '>'^ "".anv they liad I K.r. i asKcu «nu --'■•,,;;., . ., j^eck. liolh said they liau ueen u obliged the tire »0B so licavy they liad to retreat "^: 63 the Cross-examined. He scemcrl at ease when the prisoner spoke to mc. I did not then sec prisoni'r's wound, 't was then bound up. Tiiis was about 7 a.m., on Sunday. The battle ba])|)C'ne(l tlie day bcl'orc. lie said the (ire of our troops was so heavy, we were obbgcd to run. Tlie memorandum in the book was wriUen by Dugald C. McNab, who was in i^^aol lor receiving money under false prctenees, 1 did not, to my knowledge or recollection, use harsh words against tin- prisoners. I said if they were not punished I should lay down my arms. I said I should not take prisoners at another ruid. McNabb asked mo to go with him, and I went. AkxundcrLawson, sworn. I live in J'ort C'olborne (McKenzie objects to his evidence; his name is not on the Indictment), overruled. It is on the Indictment. 1 was at the battle of Kidgeuay. I am a civilian, but I accompanied the troops to Ridgeway. I was made a prisoner by a Fenian, by order of an officer. A Fenian ottieer there gave me this paper. It is read. 1 went in search for wounded men to help them. I saw the prisoner; was wounded. I washed the wound. He was shot through the shoulder, neck, and left ear. He was in a farm-house with other wounded Fenians. Sentries were at the door; but there were some of the Queen's Own there. The prisoner had a blue jacket, like the Anieriian uniform, trimmed with green. The ottieer had the same. I saw prisoner's coat which he claimed as his, and I saw where the ball wc.it through it. Cross-e.vamined. I was with ])risoner half an hour at tirst. I went for assistance and brought waggons down, and went with them, and tliey brought the wounded men up. I saw him tlicM in bed. He wanted his coat, and I went and imnted it up, and he said it was his. This i.s the coat F (Inscribed. He did not seem to suller at first, but in the evening he did. He said his name was Daniel Wlialen. He seemed to be suti'cring when he was in the waggon. He seemed then weaker than he was at first. I did not see him again till I saw him in gaol. 1 went to tlie gaol and asked to sec Whalen. The turnkey filed them against the wall, thirty or forty. I could not recognize liis features, for when I saw him he was all over blood ; but I picked him out from the wound in the ear, and when I saw it 1 said this is ^Vhalen ; and it was. I was in the fire. I might have been wounded. I did not hear of any wounded who did not belong to one or the other. I saw persons in civilian's dress about there, and I heard bullets. Case for the Crown. Robert B. Lynch, sworn. I am a prisoner in gaol here. My home is in Louisville, • Kentucky. I was in a commercial house. I wrote several letters to my employer, who was to revise them and publish them in the Louisville papers. I was not specially employed by the papers. I was in Canada in June last. I was in the employment of James McDermott, of Louisville, who was Assistant-Adjutant-Gcneral of the Fenian brotherhood in the State of Kentucky ; end I was sent by him to report the progress of the atl'air in Canada. I saw the prisoner at the bar on Friday afternoon, the 1st June, 18GG, between the Lower ;'nd Upper Ferry on the river bank. He was walking with Mr. Lavin, from Cleveland, a railway contractor who has works on the North road. Prisoner was introduced to me by him. The prisoner was not armed. Very few Fenians were there. John Demm sworn. I have been in gaol since June, in Toronto. I lived in Buffalo, I work at the rolling-mill at li. V. 1 was in Buffalo on the 31st of May. He was drinking, and not sober. He did not assent at that time to come over. He said his father and his friends lived in Canada, and he would not go to fight against them. This was between 7 and 8 p.m. He was then pretty drunk. He did not appear to belong to the Fenians. Cross-examined. I did not see him on this side till he came to gaol. He had no uniform on. 1 do not know how he came over. R. B. Lynch, re-called. I do not know whether he was a Fenian. He had plain clothes. This was between 2 and 3 o'clock. Lavin had nothing to do with the Fenians. He was walking with Lavin, and did not appear to be with the Fenians there. Cross-examined. The prisoner was sober. John Metcalle, sworn. 1 have no recollection of the prisoner saying he never fired a shot. McKenzie takes the same exceptions to my charge as in O'Neil and Parry's cases. Verdict " Guilty." On being asked why, &c., McKenzie moves to arrest judment, on the same grounds* as taken in Hayden's case. Sentence to be executed on the 13th day of December next. (Signed) J. W. WILSON, J. C. P. [82] See case of Hayden for above objections. K ■I Mil 64 *!'' Odjections referred to in the cases where they are noted. Mr. Mc Konzii's objections in I'arry's case nrc as follows : — 1. That his liordsliip slioidd have directed the jury that in law there was no evidence that the prisomr was au Anierican citizen within the incaninp; of the Act, and that the Crown should sliow wlial consthiited a citi/en of the United States according to the laws of the United States. 2. Tliiit he siioulil have directed the jury that tiicro was no evidence tliat the prisoner entered L'ppcr C'aiuida, with otlicrs, with intents to levy war au:Jiiiist the Queen, or entered it at all with others ; conse(|nently he couhl not be convicted on tlie first count. 3. That he should have directed the jury that the jtrisoner could not lie convicted on the second count unless it were |)roved that he took up arms or \\as in arms, or was actually armed, in company with others, in Upper Canada, with intent to levy war on the Qucn's province, without being armed being insutficient. 4. That he should have directed tiie jury that the prisoner could not be convicted on the third count unless the jury tound that the jirisoner committed a direct act of hostility in assaultin;; or atiuckiii.;, v- ith otliiT iiersons, armed and arrayed in a warlike manner, certain of Her M' *\'.s subjects, with intent to levy war against the Queen; that the prisoner must ba\ ', \ -.ent during an attack and taking a part before he would be guilty on the liiird e 5. That he shoulu '...ive to'^ he jury that the prisoner could not be convicted on the present indictment for being pre- .v, aiding, assisting, and comforting the alleged raiders, as there is no count in tiie indictment charging him with such an otfencc. 6. Tluit till' Jirisoner being charged in the indictment as an American citizen, no duty was cast on him to withdraw or give notice when he found a breach (4 the law was contemplated, although it might be otherwise if charged as a Hritish subject ; and that there is cviilence he withdrew when he found the law was about to !)c violated. 7. Tliat 111' should have directed the juiy that unless there was evidence to show, or from which they eoultl infer, an intent on the part of the prisoner to levy war against the Queen, he could not be convicted on the present indictment. 8. That there is no lci;al ividenee to show that the prisoner, or the persons assembled at Fort Erie on the 1st and 2nd of .June, intended to levy war against the Queen ; and for all that appears in evidtiice, their object might have been the redress of a private grievance, wkich might be a great riot, but not a levying of war against the Queen ; and that he should have directed an ac(|uittal of the prisoners on the ground that there is no evidence to show the intention alleged in the indictment ; and that the jirisoner cannot be convicted without jiroof that the prisoner intended with force to dethrone the Queen, destroy the Government, or subvert some public lav\- or institution, or to effect some public object ; and that he should have explained to the jury what would constitute levying war against the (^ucen. 9. That the Imjierial Act 11 and 12 Vict,, cap. 12, providing for offences against the Queen similar to those alleged against the prisoner, must override the Provincial Act which was passed jjrevioubly to it, and under which the pris(jner is being proceeded against. (Signed) J. W. WILSON, J. C. P. Objections referred to. riiat under the first three count.s he is charged as an In O'Neil's case Mr. McKenzie moves to quash tiic indictment: — 1. For i)iisjoini!(M' of counts American citizen uiuUr the 1st clause of the Act 2. That he is eluuged in the I'ouith and fifth counts as a British subject under the 2nd clause. That in the sixth count he is charged with high treason. A man cannot he citizen of a foreign State and a Hritidi subject at the ^auie time. There cannot be disthict ofiences chaiged in the same indictment. 3. That on the indictment it aj)pcars the otfonrc was committed in the county of Welland, and tiie jirisoner cannot be tried on an indictment found in this Court, being for the united counties of York and Peel. The words used are "county," not "united counties." On motion of Mr. McKenzie, the piisoner is allowed till to-morrow to plead. — lie pleads. 65 •videncc liat the the laws |)n&oner entered No. 19. Copy of a DFSPATCIl from Lieutcnant-General Sir J. Michel to the Right Hon. the Earl of Cabnakvon. Montreal, December 13, 18R6. (No. 7.) (Recpivrd Ik-crmbcr 28, 18GC.) Mt Lord, (Answered, No. 1'27, January 7, m67, iiage 83.) I HAVE the honour to acknowledge the receipt of your despatch No. 108* of the 24th November, addressed to Lord Monek, and announcing your decision with regard to the conimutution of tin; sentences of the Fenian convicts Lynch and McMidioii. Before your Lordship's despatch reached Lord Monck, he bad p-ianted a respite til! the 13tli Marcii to Lyncli and RlcMahon, and also to the other Fenian convicts now under sentence of dcjath in Toronto. Lord Monck will explain personally to your Lordship the reasons which induced him to refrain from immediately promulgating the decision which you eonnnunicated to him. I shall accordingly leave the convicts in their present position until I receive further instructions from your Lordship. I have, &c. (Signed) J. MICHEL, Lieutcnant-General, The Right Hon. the Earl of Carnarvon, Administrator of Government. &c. &c. &c. No. 19 * Page 82. C. P. No. 20. Copy of a DESPATCH from Licutcnant-Gcncral Sir .J. MicutL to the Right Hon. the Earl of Caunauvon. (No. 15.) Mont jal, December 2\, 1806. My Loud, (Received .laiiiiary J, IMJT.) 1 HAVE the honoiu" to report to your Lordshi that the trials of the Fenian prisoners taken in Lower Canada in the month of June last, connucnced at Sweetsburgh Oil the iHth instant. The first case was that of Thomas Madden, a British subject, ',vho was chai'gcd with "feloniously joining himself to persons who had entered Lower Canada with intent to levy war on Her Majesty." His trial was only concluded to-day, and I have just learned by telegi'aj)b that he has been convicted and condenuied to death. I shall not be able to send any details of the evidence to your Lordship until the next mail. I have, &c. (Signed) J. MICHEL, Lieutenant-Governor, Administrator of Government. The Right Hon. the Earl of Carnarvon, &c. &c. &c. No. 20. No. 21. Copy of a DESPATCH fvom Lieutcnant-General Sir J. Michel to the lliglit Hon. the Earl of Carnarvon. Montreal, December 27, 18G6. (No. 17.) (Received January 1.-), 1SG7.) My Loud, (Answered, No. l;J3, Fel.rnary '_', 1S(17, page 84.) IN my despatch No. ISf of the 21st December, I reported to your Lordship that the trials of the I'cnians taken in Lower Canada had conunenced, and that one case had ended in the conviction of the ])risoncr, Tiiomas Madden. The convict wai, sentenced to be executed on tlic l.'jth of February, 1807. I beg to transmit for your information a copy of the evidence on which he was found guilty. It shows that Madden was taken with arms in liis hands, and that his comrades, if not he hirnsLlC, fired on the policemen who were endeavouring to arrest him. His case, therefore, is still more serious than those of j^ynch, McMahon, and others, who were convicted at Toronto of a crime similar to Madden. K 2 No. 21. t Page 65. 66 Two moro prisoners hnvc hecii convicted at Swcctsburph since tho conclusion of Maddens trial ; one of tlieni, Tiioiuiis Smitli, was indicted as a citizen of u toreign state, the other, Michael Crowley, as a British subject. I have not yet received copies of the evidence in the^ie cases. Smitli has been condennicd to death, and sentence on Crowley has been deferred, but no doubt lie will be left for execution. Hearing in mind, howevi'r, the decision to which your Lordship came with respect to the convicts Lynch and McMahon, as conuuunicated to Lord .\loiiek in vour despatch • Page 82. No. 10!^* of the 2 Ith Xovemher, I do not intend to allow the i)enalty of death to be nllieted on the prisoners who have been condenuicd at Swectsburgh until I shall receive further instructions from your Li)rdshi[). I therefore now beg to refer the case of Madden for the consideration ol' Her Majesty's Govermnent, and in dealing with the other prisoners 1 shall be guided by tho measure of punishment which shall be awarded to him. Wlnlst I thus place the matter in your Lordshii>'s hands, I thJnU it mv duty to state that on grounds of public jjolicy it is my oi)ini()n that none of the convicts should suffer the extreme penalty of the law. 1 have, &c. (Signed) J. MICHEL, Lieutenant-Gcneral, The Righ' Hon. the Earl of Carnarvon, Administrator of Coverimient, &e. &c. &c. Incl. in No. 21. Inclosure in No. 21. Province of Canada, District of Bedford. In the Court of Queen's Bench, Crown side. — December Term, 1866. Wednesday the 19th day of December, 1866. Before the Honourable Mr. Justice Johnson. The Queen v. Tjiom.xs Madden. On indictment for (being a subject of Her Majesty) feloniously joining himself to persons who had entered Lower Canada with intent to levy war against Her Majesty. Evidence at Trial. William Stewart Holsapple, sworn. Resides in St. Armand's, is a farmer. In the month of June, I think the 5th, I went to St. Albans to ascertain what I had heard by rnniour, that an invasion of Canada was intended. 1 met a person who told me to take an opposite course, that is to say, to East Highgate, where 1 went. At East Highgate I saw a number of persons called Fenians, they were so called there. Some were armed ; some were not armed. There were several hundreds of these Fenians. Some weie armed and some not. One of them offered to sell me his gun. 1 saw them moving towards Franklin Centre. East Highgate is six miles from Frontier Line. The last I saw of them that day was at Judge Hubbard's, there were eight of them under his wood shed. I counted at East Highgate 276 of these Fenians ; they were together on the east side of the bridge. There were others on west side whom I did not count. These people were armed with guns, bayonets, swords, carbines, and revolvers. I counted thirty-one guns that seemed to be new American j)ieces, such as were used in the United States army in the war. On leaving East Highgate for Franklin, they were in the straight road to the Province. The persons I saw in Judge Hubbard's barn were not armed. I saw these Fenians in a body of 200 or 300 the following day, marching towards Canada. 1 saw them again on Friday, the 8th of June. I met them in small nund)ers near my house in Canada, at night. On the 9th, early in the morning, I went to Pigeon Hill. I saw three persons coming out of Oliver's store ; two of them had a basket. On Saturday the 9tli, I visited several nouses at Pigeon Hill, and found they had been pillaged. 1 went to Pigeon Hill because tl.'C report was rife that the Fenians had the previous day ransacked the place, and carried ofl" the goods of the inhabitants. Another reason was that they had entered my own house. My house was broken open on the 8th. When I saw it, they had not damaged the house much. Some things were missing ; my carriage-house was broken open, and a saddle and other articles taken away. The place generally at Pigeon Hill, had an extraor- '•inary appearance ; furniture was broken, glass and crockery scattered about the houses. I conversed with the three men I saw at Pigeon Hill, on the evening of the Sth. They ■onclnsion of circiyii state, >|ii('s of the on Crowley til respect to our (K-spatch ' death to he •liall receive ion ot" Iler Hilled hy the duty to state hould sutler iierai, )veriiment. Hi. elf to persons [ajesty. mer. In the had heard by ne to take an ighgate I saw armed ; some e armed and ards Franklin hem that day I counted at if the bridge. e armed with hat seemed to ;lie war. On ovince. The ms in a body in on Friday, ;t night. On ^ coming out isited several Hill because ', and carried :rcd my own not damaged 1 o|)en, and a d an extraor- t the houses. ; Sth. They 67 first inquired if there were any horses at Krantz's, my neighbour, then if I had any. They said tlu'y wanted horses to form a ( uvahy corps. I asked tluiii what for. They said also, they were goin;,' to form an Irish Mcpublic in Canada. I said 1 h.id no more hor.sis ; they had already two colts, but they wanted better ones. One of them went to the barn to look for horses ; another advised me to go to the hill and take the oath of allegiance to the Irish Kcpublic. I said, No. Two of them were armed, the liiird may have been, but I saw no arms on him ; oiu; who vepreseuti'd li'inself as the leader of the party, hud a L;un. 'I'hese people were straiigi'rs to me. I " c born and brouglit up near F igeon Hill, it was the inhabitants of the place at ll,„!igate that called these people Fenians. I had heard the name before, and seen it in print. 1 understood it meant the name of some persons who wire banded together for some purpose. (Crown pioduees I'lijier No. o.) I received this paper from my father, on inlbrmation from one Alpheus Steplienson. (Witness ordered to stand down.) Alpheus Stephenson, sworn. I got this paper on the 8th of June. I got it in the village at Pigeon Hill, from Colonel Kdnumd Ilice, to give it to Mr. Holsapple. I gave it him. Colonel Kice I never saw before. I did not see any military e(|uipments about him. This hjoks like tlie pajjcr. I only got one paper from Colonel Hiee. 1 have no doubt this is the paper. Paper read. Copy of Paper. "Head Quiirters, 1st Div. Irish Army, Camp in the Field. .Tune Sth, 1866. "The Irish Republic promises to pay W. Stewart Holsapple 100 dollars for value received, six months after. " J. H. Wilson." Mr. Holsapple is recalled. At Pigeon Hill on the 9th, I saw, besides the three I have mentioned, a number of persons coming from the south. I think the first squad consisted of eleven or thirteen. I don't remember which. They went into Carpenter's tavern. A few moments after they went in, one of them came out and asked me to tell him the way to get into Carpenter's cellar. George 15. Baker, Advocate, sworn. I lived at Nelsonville last .'une. On the 6th or 7f.h, ll.jie was a rumour about the FiMiians were coming. I went towards the line and found the houses abandoned. I procee led across the line and found the village tilled with Fenians; part were armed, part unarmed. Some had muskets, simie swords, and some pistols. They were encamped on the village green. They moved off in the direction of Canada. We started (Mr. Whitman and myself) to go to Cook's Corners, and overtook these people on the road. As we came near the line we heard the order sent back to bring up the rear-guard ; we drove on and passed more of them, and saw that part of them had come into Canada, stacked their arms, and hoisted a green flag. The body of the flag was green, and there was some figure and device on it that I could not distinguish. This was about a ijuarter of a mile on this side the line. There was a guard on the line, and the sentry asked us if we had passes. The guard that halted us were armed with muskets and fixed bayonets. We had no passes, and the sergeant said it was doubtful if we could go on without passes. We asked where we were to get them, and he said at head-quarters. We found another guard stationed about a quarter of a mile on this side of the place where the flag was hoisted. We were halted also by this guard and asked for passes. I laving none, the sergeant said he must jiut us under arrest. I asked him for what, and he said for the purpose of sending us back to head-quarters. I asked him the object, he said he had no explanations to make, his orders were positive. He then ordered one of the men to take our horse by the head, and called another man to seat himself in the buggy, and told him to take us back to the Colonel. The man in the buggy \\ith us, was armed with a gun and a bayonet. The head-quarters were on the other side ; we met the column advancing towards Canada in martial array, four deep, and commanded by officers. We met this colunm close on the line ; the Colonel was walking in the rear of the column. The guard in the buggy told him he had us as prisoners. The Colonel I think told the Major to march the men down towards the line, and to establish his head-ijuarters in a building just on the line. The Colonel said his name was Contri; he was dressed in a fantastic uniform. He expressed regret to inconvenience us, but said he must adhere to military rules. That they were going into Canada to occupy the country, and could not release us except on parole. This conversation took place on the ■ r ■ . 'I other Hide of the line; he said they wanted linrscs, they hml the soldiers, and the? were not r()t)liers, Imt Holdiers. A piirt of the eoiuinn [nisscd the line just as wt- did; I endeavourt'd to eonnt the eohinm as wo passed. 1 think flierc were ahoiit (!()(• of thotn. ('oloiK'l ('i)iitri [Miinti'd to the llaij, and said it was already iioisted in Canada, and they hftd |irocliiimt'd tlir Irish Ri'pid)lic'. Th s was said a little on this side thi line. Cro-^s-oxaniincd. Never saw the [Jiisoner at thr har lu'lore, to reeoj,'ni/,t' him. Rohert L. Titteniorc, swoni. IJves at St. Arniand. ahonf two miles i'roiii IVovince line, did so in .luiie. I was at home on the Hth and 7th of .lime. There was a p\d)lic rumour on the 7tli that the Proviiiee was t" 'h- invaded hy tlie Kenians. I jiad sei'U them on the other .side of the lino at I'VauUlin, on the .Ith. I siiw one haml of twenty men armed; some of them were singint; and dancniu,' The people called them Fenians. Some of them had sahrcs, some nuns, some large revohcrs. I know the jieople of Franklin ver) well. The aimed nun I saw were strangers to the place. On I'riday the Ntli, I saw armed men at PiL,eon Mill, at aiiout II o'elock in tiie day ; I had gone up to sie what was going on, having heard the Fenians wiTe there. I saw two men aimed, and leading a horse. I saw William lUitkr's door hroken open ; as 1 >teppe{| in 1 saw four armed men in tin iiouse. I had never seen them hefore ; I .>tipp()>ed them to lie Fenians. I did not >pviik to them. As 1 came out of the door, I saw five or six men with guns; four men rode up saying they eame from ('lareiieeville, they joined us. We ran away, and they fned at us ; we proceeded, and they hailed us again and fned another shot. Tlioy lired at its a third time, not long at'ter that; I heard the hall whistle over my head. 1 went to one William Smith's, and was thin- when these same six men eame there ; they ordered the family out of the house, made a demand lor the wounded cavalry. They said they hud shot two British cavalry soldiers, aiul they were secreted in the house. They tluii a^ked if there were any red coats secreted ahout the house ; T understood they meant IJiitish soldiers; I answeri'd, No. They said, don't you lie to me, if you do, I will hlow your iiiains out. They then made me prisoner, and said tlii'y would take me to camp. One of these men called himself Captain Mriiphy of the h'ourth Cavalry ; lie gave orders to one of the men to go to cami) and tell Colonel Somciiody to forward his forces, the red coats were in sight. The man left, and Captain Murphy then paroled me; he sat on his horse with his sword drawn, and administered a sort of an oath to me to the effeet that I was not to harhour Hritish soldiers, and not take up arms against the FeniaMs. He took me under tlie protection, as he said, of the Irish llepuhlie, and offered nic a pass. He said if I liroke my j)arole, he would hang me up to the first tree. Me said when he was leaving, that he would ho thiough there in a fortnight or three weeks with a large army. ! .saw in liie course of the day, fifteen or twenty Fenians neai\ my place; they were most of them armed, and uiuhn- the command of this Murphy. The next day, the 9th, I saw the houses at Figcon Hill, they had heen ransacked. Cross-examined. I did not know any of the people I saw on the 8th of .June ; I had never sciii tluni hefore. I knew two of the men, who said they came from Clarencevillc. I thought they were Fenians hucause they were .- rangers and had arms in their han''.s, and had heard it reported. On the 0th, the main hody of the Fenians IctX Pigeon Hill. They were therein the morning; they left in the afternoon. Levi Scott, sworn. Lives at Dunham Flats. On the 7th of .lune, 1 had heard of the Fenians coming, i went down to Cook's Corners, and saw a hody (jf them. Some thirty, I should think, came in. They marched three deep, and sniiu d to l:avc olhcers to command them. The citizens nearly all left. Two ol' the Fenians wanted to spea!: to me, that they were after horses, hut would not take mine. I stopped, and tliey took my horse. They said they intended to take Canada and march on Montreal. I went to \vhat they called their head-quarters on this side the line. The guard sto])ped me, and took me down to General S])e.irs. It was on the high road 1 was stoj)])cd. I saw Colonel C'(mtri. He said the General was very husy that night, hut if I came in the moining he would see inc. 1 saw armed men at the camp. The next morning 1 saw a Hag. The hi,'.'d-(|iiarters were at Rcclcs' house, ahout a 8, 18()(J. Good for roNS, Marshal." I mot three more Fenians near Frcli;,'hshurg. They were armed and drinik ; they pushed me off my hor^e rand rifled my jioeketn. One of them snnppcd his rnri)inc at me, and another strnck me with his sword. Cross-exiimined. Was ii witness hefore (Jrnnd Jury. Slated there what I have snid here. Nenhen Martin, sworn. Lives at Duidiam Flats, [iived there in .luiie. On the 7tb I went to the lines on the roiid tVom Cook's Corners to Franklin. I was stopped ahout liair a mile on this side nl'tlie road liy a i^nard of six oreiu'ht men all armed. 'I'liey wanted to knov. my hnsiness. I said we wanted to know their inli'ntions. The odieer let'erred us to ( 'oloii I ('ontri. F never ^aw hut one of the men hefore. 'I'hey were stran;^trs in that pait ot lliecomitry. They t'oriiicd lour deeji. and took ns lo ( 'oloiiel Contri's. Mr. Kykerd told him the inhiihitants were miieh alarmed, ;ind wo wanted to know their intention, lie saiil lie expected to pay for what he took if he could, hut that the Iri^li had heen down- trodden li\' Hiiti'h p'lwer, and they had eometomake war upon the forces of tlii' I'lovinec, hut not on the iiiliahifanls. lie refused to piinil(! tne, hut paroled Rykcnl and Cohnrn. I learned, indiictly, tli:it the reaxai for not piirolini; me was that lie tlioiiidit me a soldier. Soon aHer Kykerd and Colinrn left, (leiural Spear came across. Theiv was a general cheer when he came. The lorce collected on the line marcln d over immediate ly iHter the arrival of (ieiural Spear. They were .^OO or (100. They ealled themselves the Fenian army. They hid several flails, small p;reen silk flags. There was a harp, and some letters on the flairs. They nmrelied in military nrrny. Cross-examined. Was a witness hefore the Gnmd .lury. I do not known when the Fenians left tlie Province. I understood they left on Saturday, Init I do not know the hour. Fn dci'iek .lohn Parker, a Cu'tom-honse officer at Freliijhslnirq. I was th(>rr on the 7th. I left hi'causc I was oiiliged to do .so hy this Fenian raid. \ returned next morning. My house was disordered when I returned. I left afjain nn the 8th, and returned on the loth. I found the house ransacked, and proj)erty taken away; evei'y drawer and hox broken open, and iilino--t everything stolen. Aly flag was stohin. It was a Kritish ensign bought hy subscription lor the village. Custom-house office also entered; stamps and other things icmoxcd. Tlu; royal arms were split to pieces. The Fenians came to Freliirh-^biiii,' on the 7th. Freliuhsburg is 2.', or .'{ miles fron\ Province line by road. There were iipwarils of twenty marching in military order, and comeianded by an offieer, and armed with ri'les. I learni'd on Saturday evening tliat tliey had left. Cross-e.xamined. 1 heard late on Saturday that our troops were coming, and the Fenians were running ;iway. I have received from Unvernnicnt the amount I claimed for damages to mv property by the Fenians. Williatn Thomson. Lived at Pigeon Hill. Saw the Fenians on the fith of .Fime between Franklin and llighuate, about 800 to 1,000 of them; they were marching. I asked them where they were going; they said to Sl.ab city (Frelighsbur^), The majority of them wci'e armed, and they were marching in imperfect military ordi-r. On Thursday, the 7tli, I saw abmit UK) Fenians at Cook's (^ornei's • about .'iO of them were armed; some had halters for horses, and swords. I saw some afterwards at Pigetm Hill; they were armed ; they left late on the !)th. f i-ecognized some of them fnmi having seen them at Cook's Corners. Cross-examined. Some Fenian pri.soncrs were taken by our forces on Saturday ; the main body left on Satunlay. 1 saw no large body of Fenians after troo[)S came up on Saturday, only small jiarties of six or so. Koberl Olivir. U'as at Frelighsburg on the 7th. Saw Fenians arrive about 7 o'clock in tl evening; there were 22 maieiiing in order ; they wcj'c all armed. They came from Cook Corners by mad leading to the United States; they had carbines, swords, revolvers, and lulrs. I saw them plundering stores — L;uisberg's and Smith's stores. I'hey got a flag at Smith's store ; they said they had a flag now, and cheered and made a row. The first man 1 nut ealled hiniilf a Captain of Cavalry; he told me not to fear. \ guard was placeil at the bridge. The guard were armed with guns and fi.xed bayonets ; I saw them fire at a man crossing the bridge; I don't know the man. The guard would not let us go one way or the other until they cho.se. Cross-examined. I got back on Sunday, f heard on that morning the main ' idy of the Fenians had lift on Saturday. The houses in Frelighsburg were abandoned, d any one might have [ilundered them. Ke-exaiiiiiied. The people abandoned their houses because they weie al'raiu of the Fenians. Noah Siiu'cr. Lived at Pigeon Hill in June. I was not there when Fenians came. I was in Fraukl'u; went there on 1st June. I saw Fenians on 5th at Franklin Centre, I 70 fifteen or twenty at first, afterwards more. The public said they were Fenians. Some of them wiM'c armed. 1 saw a number of them on Gtii in Hubbard's barn. 'Piiey said they were coinini;' to take Canada, and establish a Hepublieau (iovcrnment. 1 saw 700 or 800 Fenians encamped near Kccles on Thursday the 7tli. It was ealled the Fenian camp. Sentries were posted, and 1 saw ottieers eommaiuiiniz;. I was taken prisoner. 1 n.jt Colonel Contri, be ordi'red me to a;o to the Adjutant's office. I was afterwards sent to General S^pcars. I asked to see Colonel Connor, who had L;iven me a pass, and I was subse(iuently released. Cross-examined. I never saw the prisoner l)et'oro. I returned to Figeon 11 ill on Saturday niirht. I understood previously the invaders had left. Thursday the 20th day of December, 1860. Present: — The Hon. Mr. .lustice Jounson. TuE Ul KKN r. Thomas Maooe-v. EvioENCE — continued. Peter Yates, sworn. Lived in St. Arinand's, near Pij^eon Hill, in .lune last. On the 7th in I'lC fort'noon a s(|uad of 7 came to my house. I had heard previously the Fenians were comin ,-. They told me not to fear, tlicy would hurt no one who did not resist them, but only those \. o did. They asked foi' milk ; one man, apparently the leader,- said, not to be alarm 'd, unless resisted, but those who ivsisted would be made prisoners of war. 'I'luy did not want to hurt any body or injure pro])erty. They came to fight the British Government, and they were going to give us a llepubliean Govermnent. He said, I supi)ose you would not object to that ? I did not assent. He added, I sujipose you may not want it, but the people in general would like a Republican Government. Other squads came, and we had pretty similar conversations, and they avowed the same intention, adding, that they wanted to whip the red coats. They said, England made all our laws for us, and they were not going to allow it. I dissented, and to convince them showed them a volume of our statutes. They added, when I told them our Governor was an Irishman, that we had one other renegade Irishman, and if they caught him they w ..Id string him up. They said it was Mr. McGee, one of the Ministers of the Crown. They said, on one occasion, they understood we were going to have a confederation of the Provinces, and there was to be an English Prince on the throne, and they were not going to allow that. I saw more of these men on the 9th at my house ; they were armed, as well as those who came previously; they bad various arms and equipments, such as guns, swords, and cartridge boxes. In the course of the two or three days I should think I saw 200 or 300 of these men in different directions. I gave them food under compulsion. They ottered no violence to me. Cross-examined. I ceased to fear them after I had become acquainted with them. i saw them make no use of their arms beyond shooting at a scarecrow behind the house. On Saturday they mostly left. I only saw six on that ilay. Thomas Russell Roberts, sworn. 1 live at PInlipsburg, and am a practising attorney. I went to Pigeon lliU on the 7th .Tune, to ascertain somelhing definite respecting the Fenians, who I understood had come into the I'roviniie. Wy Fenians 1 understood a body of armed men who had invaded the Province from the United States with hostile design. The ])eople were nmcii alarmed in the village. I saw a number of these men, they were armed with sabres and had belts on. I entered into conversation with one of them, who appeared to be a sort of leader. He seemed vi-ry intelligent. I spoke t.) lum of his travel-stained appearance. 1 said, most of the women had left from fear, and wc are uncertain of your designs. He replied, we pretend to be a Government, and shall carry on war on the princi|)les that govern civilized warfare. We shall not iilunder from the peo|>ie; wc consider poor j)eoj)le our friends. Something was said about horses. He said, our orders are that the first man who brings a horse into canq) shall be shot. He meant the Fenian camp at Eccles' house. He said, Quehic is a strong place, but may be taken. While this conversation was going on, a bystander said some more were coming. I got into my buggy. There were thirteen. They were all armed and straggling along; they were all together in a straggling squad. They were strangers. I then went home. Cross-examined. I understood the Fenians left the Province on Saturday, 9th. Alpheus Stephenson, sworn. Lived at Pigeon Hill 7th, 8th, and 9th June. The Fenians came on the 7th at three. The last I saw of them was on Saturday the 9th, at Some of V siiid they 700 or 800 iiiiin camp. UM'. I IlJvjt rtls sent to i, and 1 was (in Hill on ist. On the eviously tlie who did not pai'ontly the dd he made 'hey eame to ?.overnnient. sd, 1 snppose dovernmcnt. ked the same and made all nvince them )ur Governor ;ht him they f the Crown, ration of the icy were not ; they were I equipments, • three days I ,vc them food id with them, nd tlic house. sing attorney, respecting the rstood a body lostile design, icn, tlicy were of tlicm, who t-) him of his !•, and we are id shall carry jilunder from about horses, shall be shot. )lace, but may ue more were and straggling I then went lay, 9th. th Juni'. The Jay the 9th, at 71 about II o'clock in the forenoon. They were plundering people's houses. I saw (lie plundering going on on Saturday morning. 1 saw about Ui houses at i'igoon Hill thai had been jilundcrcd. Ci'oss-cxamined. 1 saw most of tlic houses when they were being ])lundered, ."ud saw the Fenians going fioni bouse to bouse. I saw tin in by twos mid threes. The nia'u body left on h'riday nin'lit and Satui'day lunniin:;'. I s;iw I lie prisdiin- there on I'^'idav morning (^te(l. lie is iiow diseharged. 1 saw him with a iieigliliour's horse, lie was getting thi' horse rt'ady to mount, and subsetpiently mounted him and rode away. 1 saw a |ieiM)n who gave his name as Colonel Uiee. lie gave uie a receipt or |)a]ii'r, which I liaiuled to I bilsajiplc. 1 was a witness before the Grand .Jury. Questirn. Did you tell the Grand Jury that you saw Colonel Rice '.■' Question objected to and overruled. Humphrey Chadburn, sworn. I live at Frclighsburg. Several of the Fenians were searched by me at St. Aniiand station after tiieir arrest. . I searched one 'rerenee McDonald, one of the prisoners, ll was about 2 o'clock in tlie afternoon. 1 t'ound on him the medal I now produce. Anthony Si'Well, sworn. In (io\crnmcnt police. Was so on !)tb .hnu'. I know the prixnier. I went down to Cook's Corner on the 9fii .linie, bavinir been tidd thercMveie some Fi'iiians at I'a'cIcs' house: aiiout a do/cn in ninnber. 1 pr'ocecdcd to the place with .^sa !\ykerd and Levi 'I'raver. I got out of the bunny at Kccles'. The Fenians stopped me, and asked me when' the lie!! I was goinu'? 'I'lii'v were armed witii sabres, earbiiKs, and lilies. I pulled out my revolver, and told them that was where i was going. One (it tlieiii, not in cu>to(ly. hi'ounlit ids ride to the present, AVe lioth lired. The prisoner run and took ids po-iliiai on the right. I cast my eye on biiii, and I saw be had his cai'binc at tlie pre-ent. I le v is armed with a cariiiiie and ,i saliiv. I raised my revolver to his side, and shot him. Prisoner turned round to run across the road : 1 .' we drove off with the prisoner. As we went to i'igeon Hill, I saw the guides going up to Kccles'. W'c then had the prisoner in the wag^nii. Tlu; prisoner asked me t(i throw him out ol' the waggon into the ditch, and let liiin die. lie was in great jiain from his wound. Cidss-cxamined. I don't know how near the I'roxinee line is to jv'cles'. We were at I'.celes' liousf. On Satiu'day afternoon 1 heird the l''eiiians were retiring. I saw no Fenians there at'ter \'2 o'clock (ai Saturday. When 1 got to Fcclcs' the I'cnians, among whom was the [)iisoner, were standing ci the road. W Inn 1 first saw the Fenians, I thought they were, some of them, trading their arms. I know there were three or four guns in the lot, and the piisoner had a carbine and a salire. .M'ter 1 tiled the shot at the first man. he wa.s taken away, 1 believe liy his comrades, (nit my attention was particularly directed to W. Cadden. .\sa Rykcrd. L:vcs at Dunham; was there on iltli .lime, I went to Kccles', about half a mile t'rom the lines, with last witness and Traver. When we got within about three rods of Kccles' we met Mosgrove, wiio told us that we ciaild take the whole party, a^only three gims w("re loaded. Contirms Sewell in every particular, and adds, that wliih- Scwcll was running after jirisoner a shot was fired i'roni Kccles' hmisc at him or Traver. When Traver and 1 got into >vood we found prisoner ; be surrendered. Wc took him, and jiut him in the buu'gy. While we wer(! doing this the Fenians came out of the house, and fired at us. We met the guides. The road was barricaded near lu'eles' house. Cross-examined. The Fenians, when wc met iheni, were in the road near Kccles' house. I think there were seven standing in the road, others in house. .Ml seemed to have arms who were standing' in the road. May have lucn a dozen or so. Mr. Mosgrove said he iiad hoiiudit a gun, and was trying to buy another. The party all started wlicu they saw Sewell firing repeated siiots. I understood Sewed lo say, as wc got to FiCeles", after getting out ol' the waggon, he wanted lo be shown the last {''eiiian, lie addn'-sed this to the Fenians. Oiu' ol them said. "What in hell do you want here':'" I went to I'igeon Hill to see United States' guaiil that bad been placed near the line, as 1 understood to prevent the Fenians reerossiiiu'. I heard they were leaving on Saturday. Asa Kykerd recalled. I did not see the prisoner searched. James Mosgrove. sworn. Lived inSt. Armands last June. I was at home jiart of' the [8'2] L i I timo, and at Franklin, and at tlie Fenian ramp near Kccies' lionsc. 'I'liis was on Saturday afternoon, the !)tli. I was witli the F'Mii;HTi near Eecles" two or three hours. I saw the prisoner wltii them all the time I was there. .*>ome were armed. When I first saw the pri.-ioner he was sittimr on a lo^ near th,> road, witii tour or five others. One of them was niarchin'j; as a sentry, and ordered us to halt, lie then or(kn\'(l us to adviuiee. \\'p advaneed and sat down. Tiiere was ime Kdward Ilurtney wiili me. The |)risoner asked him if he was an Irishman, lie said I:e was. 'I'he |)risoner spoke in Ti'iah to him. He did not understand it, and the prisonei' danmcd him and said he was no Irishman. The ]irisnner began to complain tiiat their olheers had deserted them, and took lii- earl)ine and drew tiie liammer back, and asked nic if I saw tiiat. I told him I did. lie said, " Ireland would never be free as lona- as that went back."" There then came up anotlier sijuad of four of five more, and ordered tlicse to leave, for that tliey had been fired on, and the enemy was eomini;-. This si|uad came from Cook"s Corners. One of tiiem said. ])ointiiitr to prisoner, '•This is my Captain. I will olu y him." i'risoner said notliiui:. They [las-i'd down to the line. Prisoner and his squad remained. I went down to the lines, the American troops were there, and the Fenians, when they saw them, began breaking their arms. \ asked tlie man who called prisoner liis Ca]itain, to sell me his i:mi. He said he woidd for 1 J dollar. He told me to keep out of the way of tlie rest (f the Fenians, or they would take it from mi', ilui'tney wauled also to huy a ltuu from the Fenians. Ilurtney asked nie it I had any moni'V. I t aiie ofieiire as the prisoner : Fdward liilgan. Terence .McDonald, l'".d\\ai(l ( airoll, Cornilm.-' Owens, .Michael Crow! ■■. and reiilon lltlmes. liilU found Gtli Ucceiiiber instant. The bills were submitted to the Graud Jury one by one, and Twentv-one 7th June ; t five other pr Verdict Sciiten( Siri'ctfili R\ii! \(' r Kigi rr is n of all the F( convicted at (lovernmcnl think it is o same time. In dete and m\self Lordship's ( Col", of a cXo. 7.) M\ Loitn, I IIA' ration the e trials at Toi sentence in vincial I'en The ci it was not i them, nor t Majesty's ( The d( and three are other I instant. I'niil des]iateli N ivft'rence ti thcv can In " This J as they are the rnited known tl::i imjirisomiK I inti tentiary at garrison of The Right &c. )ii Siitiirday lis. I saw 1 I (irst saw >iH' of tlu'in •aiicc. \\ c inner asked 111. lie (ild riic prisoner nd di'ow tlic and would id of lour of enemy was to prisoner, down to the rie:ni troops IS. [ asked ic would foi" tliev would I'tiiev asked 1 uiive it to do Motliiui;- ! le would Traver, and •iiiaiis tlieie. 1 said soine- 1 both tired. started tor hers rushed six or seven Lh tlie other fired at, he cc on me at I see tile la^t for vietuals, eaiiip on the it to s(\' the -ot in. We id, whom I the wanton, 1 did not 1 rods from ss the fields, prisoner was ins had left, th .hiiie was ok's Corners I her man in nil a body of' iiith. s, ■ Nth .luile; I' re'^peeliiijr )iit down in id ; his trade I the state of ini». > line otlenee I'liiis Owens, md Jury one 73 by one, and returned top:etlier. Tlu' investigation before (Irand Jury lasted three days. Twcntv-one bills ai^'ainst prisoners for an otleiuc eharj^^ed to have been committed on the 7tli June ; tliey iiave been the siilijeets of a //(;//r prnscijiu. Six bills were found against five otiua' prisoners. Verdiet, t.luilty. Sentence, Death, lath February, isfij. Sirrclslntru. Dvcvinbcr i'), iMiti. (Signed) F. G. JOHNSON, J. S. C. No. -i-l. R\i n \( I from a OFSP-MTIF from the Officer Administering the Coverimient to the Rifiiii Hon. the Karl of C \i!.v.m:\ ox, dated .Montreal, I )eeeiiiber -'U, liSGG. (licrc'ncii .laiuiarv t.'i, 1S()7.) IT is my intention now to jiroceed without further delay to eommute the senfeneesj of all the Fenian eonviets who have been eondeiniud to death, ineludiiii;- those recently convicted at Sweet-biirn'. whose caKe^ I referred foi' the coiisideratioii of Her Majesty's (lovernuient in my despatch No. I 7* of the 271 li Instant. I shall take this eoinse. as I think it is of the •ireatot iini)ortaiiee that the M-iitences of all sliould lie aniiouneed at the same finie. Ill ileteiinininc; the toinis of imiirisonnienf to be awardi'd to the convicts, my Council and ni\ self will be L;uided as fiir a^ the cireumstances of lach ease will permit by your Lordship's decision with ri'^ard to Lvnch and MeMahou. No. L';;. Copy of a DES1'.\TCH from Lieufcnaiit-( lencral Sir J. l\rHni:i. to the Rii;ht Hon. the Fail of C \itN \i:\ (IX. (No. 7.) M\ LoKii, -Montreal, .January 4, 18(i7. (RiTc-ivcil Janii.nv '2i, 18G7.) ,..,..-. ( AnswiTiil. No. 1:54, {■'(•liniai-\ •_', lS(j'7, pau'c S4.) I II.W II the honour to inlorni you that I and my Council liaxc taken into conside- ration the cases of the FVuian convit'l- who ha\(" been condeinned to death at the late trials at Toronto and SweefsburL:. and that it has becni determined to commute flu' eajiital sentence in every case to impri-onment lor twenty years with hard labour in the I'ro- vinciiil Penitentiary. The crime of which all ihe prisoners wvix liiund .nuilty was of so ijiiivc a nature that it was not considered advisable, for the present at least, to make a distinction between thetn, nor to award a smalK'r amount ol' punishment to any than was decided on bv Her IVIaiesty's (Jovernmcnt lor Lynch and MciMahon. The documents eommutint,' the sentences on the convicts — sevcm in Canada West, and three in Canada I'.ast — received my signature and ap[)roval yesterday, but there are other lc:'i;al formalities necessary, and these cannot be completed till aliout the stji instant. Until that time, therctbrc, I am obliued to postpone the publication of your Lordship's despatch .No. loS''' of the '1M\\ November, in order that nothing may lie surmised from its reference to Lynch and AfcMalion respecting the probable fate of the other prisoners till thcv can be legallv remoxcd to the Penitentiary at Kingston. This ])reeaution is necessary with regard to those recently coiivicfed at Swcetsburg, as they are now in iJedt'ord Gaol, at a distance of only lil'tecii miles I'rom the frontier of the United States, and an attempt to resciu llieni iniglif possibly be made, if it became known that I hey were likely to undergo so si'vere a punislniien! as that of twenty years' iniiirisonnicnl. I intend to make special ])rovision for the sale keeping of the prisoners in the Peni- tentiary at Kingston, by stationing there some volunteer militia in addition to the ordinary garrison of regular troops. I have. C\:c . (Signed) .1. .MICHEL, Lieutcuant-General, The Right Hon. the I']arl of Cavuarvon. Administrator of Government. &c. &c. S:o. L 2 No. 22; * Page fi5. No. 2."?. * Pare 82. \ !W- V k ■«; DE mm ^ DESl'ATCHES FROM THE SECRETARY OF STATE. mm 77 Despatches from the Secretary of State. No. 1. No. 1. Cdi'V of a DlCSlW'I'CI I tVoin tin- IJii'lit. linn. lM)\v.\iiii ('.\i,i>\vi'.i.i., M.V., to Governor- ( Ifiicnil till' liiiiiit lion. \'is('omit Munck. (.No. .•)•;.) jMv liOiiii, Downiiiji' Hlrci't, June 1(5, 1800. 1 ll.W'I'i till' liniiour to iickiiowlrii^'o the n'rei|)t of vour Lonlsliip's dospiitoli .\o. lO* • p.,ge i. of the 1st ot'.luiu'. iiit'orniiii^ nic lluil a limly orCiiiu Fcniiiiis liad iTosscil tlic I'rouLicr aiul ostablisluul tlK-iiisflvos in tiic \illagi' oi' Foi't Eric in Canada. I liavo, &c. The RiKlit Hon. Viscount Mouck, (Signed) EDAVARD CAEDWELL. &c. &e. Sn;. ^0. 2. Coi'Y of a 1)ESI\\TCH from the Hin-lit, lion. En\vARD C.\I!DWell, M.P., to Governor- General the Iviglit Hon. Viscount Monck. (No. G3.) Mv Liiun. Downing Street. June 22. 18()6. I II.WI'] the honour to aeira DHSl'.VTCH from the Right Hon. Ei)\v.\i;i) Caiidwki,!,, M.\'., to Governor- General the Right Hon. Viscount Monck. (Xo. (IV.) Mv l-oi;i.. Downing Street, June 23, 1866. I H.VVE received witli great satisfaction the intelligence conveyed to me hy your despntcli Xo. ITt of the 8th of .lune. \ do not donht that the judicious ]ire|)arations for dcl'encL' ahich were made by the Civil and Military .Vuthoritie^ in Canada, will prove ell'ectual in securing the Province against an,\ fnrllicr attack on the i).irt of the l'Vnian>: and I learn with great pleasure the admirable i^piiil di,>.played by tlie .\dininislration and people on this occasion, and thi.' u'reat /eal shown by the \ oluntecr- in mealing «ith promptitude the outrage eomnulted upon the peaceable country of Canada. i ha\e comnuinic:(led your despatcli to the lOarl of Clarendon, and I have no doubt that his Lordship will in>tnKi Her Majesty's Minister at Washington, to express to Mr. Seward the gratification which Her Majesty's Government feel at the friendly and eti'ectual co-operation of the (iovcrnmeni of ;he I'nited States in repressing these uni^^lili:lble iu\asions ot I'rili.^h Territory. I have, &c. The Right Hon. \'iscount)Monck, (.Signed) EDWARD CAJIDWELL. &c. &c. &c. No. 3. t Page 3. No. 1. l'ai;t lM. 7« No. 1. Cni'V ol' ii DKSPATCII tVoiii tlio |{i;j,li( lion. Kdwakd ('.\i;i.ui:i,l, .M.P., to (ioviTiior- (a'lK'iiil tlio Iviiilit lion. \'i-i.* I ii|i|iidvo till' course jiuisiicd liy your lj(U(Uliip. iiiiii iini ulitd lo liiid (iiat tlu' ri'porls of tlu' ollii'crs rot'errod to iii'^iUiM'. as far as lln'v ari' coiici'mcd, llu' rrjiorts wliicii liad licoii uiadi' to Major-Oi'iicral iMoadc. I have-, Sir. 'I'lic Kiuiit lion. Viscount iMouck. (Sii-ucd) KDW.VHI) CAIIDWKM.. \-c. .Vcc. Xc. not dould i to llic ordiii ^hj,: I'|U)]IC llu' Colony will cnii!)lc coiisidcratii witlinul iuc ■I'ho^Uiulit kr. No. .n ■M ''3; ' •!• I^ll;c 7. No. o. ( 'ui'V of a i)l",S|'.\'r('ll from the h'iiilil Hon. I'".ii\vai;i) ('.\i;ii\vm.: . M.I'., to (lovcrnor- (iiMural tlio Wiulit lion. X'iscounl Munck. (No. 71.) .Mv Ijc.i;|), Donnilm' Strcci. .lunc .".0, iSiiCi. I ir.\\r'. \]\c liiinour lo acknoulciluc (he icccipl of your l,ord.shi|)'s despatcli No. .V'lf of tiic I till of .lunc. cnclo-inii' copies of ri'ports addressed in riieutenan(-(!ctu'ral Sir .1. .Michel, l>y liic si vera] ollici'i's whose names are noted in the niaruin.T relalivi' to the recent I'eniau invasion at I'ort ICrii'. Her Majesty's ( Jovernnteiit deplore ihe lo-s of life which has thus occurred, hut ihcy conunitnlate you on (he conqilei'j discomtiiuri' of the lar^e and comi'rehonsive plan of a((ack wliicli had heen arran'..;ed. Her ,Ma)cs(y's (loMrnmeiit uniie with \ou in tin' tiihutc you jiay to ihe energy and jj.ood faith exhiliiled hy ihv' .\nieiican (Jovermni'iil on this (jeca--ion, and they confidently trust that the clliciont n;ea-iires which liave hei'ii adopli'd hy iiolh the I'liited States and (ho Provincial (iovi>rnments, will secure Hritish Territory from any further attack. Your account of tlie spirit ^vh;ch nniunilcs the Canadian people, of (lieir a]ipri'cia(ion of tho free institiiti(ni-. under vvhich they live, and ol' llu'ir h)yal(y (o (lie Tludne. is in the hi,ulie-( dei:ree sati-fai-tory. (he idieerfulness witii \\hich thev sus])ended iheir industvi'd occnpations in order to servi' in the ranks ol' the Ndhiuli'ers, and tlu- zeal which tlu'V eNlii^iiled in ihi' ser\ice, i-e!!ec( the ureate-t cri'dil upon (hem. 1 shall have much pleasure in hriniiin^' under (he notice of ihe .Secretary of Slad.^ tor War. the leslimony you hea.r to Lieiitcnant-tieiieral Sir .1. .Miclud and the ollicers under his command, in ihe ahle disposition of tho troojis hotli ({euulais and N'oliinteers, and 1 will not fail to call the attention of tlie F.ords Connuanders of the Admiralty to the praise awarded hy yau lo the Ollicers of the Koyal aNavy ipiartered at (^uehec and Montreal. 1 will also hrinu' under the notice of thi Secretary of State for War the name id' Colonel Mcl)ouj;all. the .\djutant-Ceneral of Militia, whose si.;\ ices have heen so highly ai)preciated hy vou. I have, Sir. The K'i-ht Hon. Viscmut Monck, (Signed) KDW.MH) C.\RI)WEIJ.. &c. &c. cScc. Coi'v of (No. 1.1 Mv Loiii), I ()I5? hy Militia < of aaji'ressi from mv pi This ^ Canada am to he justil to leave it I'xjircssiny for the tria When the I'ldvini your Lords Canada an •lo-gression threaten (1 on the liar am eonliih moderalioi praclicahh now and ii But accounl to should he fan be (da serious re authoritie^ the spirit The llii-lit &c. No C. k I',ig(-4. No. C. Coi'Y of a DESPATCH from the Wight Hon. Edwaud CAi;nwr.i,i,, ,M.P., to Oovornor- (ieneral the IJighl Hon. \'iscount jMomk. (No. 7-'.j Mv Jjuiii). Downing Streei. June 3(J, lS(i(). I IIA^']^ received yoiii- despatch .No. ."ilv) oi' lllh i'istant, in whi(di you inclose copies of two Acts jiassed hy the Legisla'ure of Canada, authorizing respi'ctividy the summary imprisonment of persons charged with certain oifeiics again-i th<' peace of iIr- Colony, and the trial in Lower Canada hy a Militia (leneral Court-martial of jiersonis levying war against Her Majesty in that Pnivince. I rely on \uur discretion for tlie use you will maki' id' tlicsi' exiensive powers, and do I Culuiitl IVacuck, Lii'iiK'uaiil-CuluiRi lioiikcr. Licultnant-Coluiiil Di.'iii>. (.'iiplaiu .M.its, ami Coluiicl I.uvmt. Copy (No. 7.) My liOiiii I w: cA' the 1 ' ((kwotion who on li to return You [82 I iinciiior- 1». \«\{',. I.* lit' rcporis wliicli liail 'UKhL. ■ oviTiior- 0, ISCiC. (l('S|)ilt<'ll nl-(ioiu'iiil ilivi' to tlu- 1, Imt llu'v ivo |ilim of neruy niid •oufidcnllv Stiiti's iiiitl tick. [)|)r('('iiitioii Udlic. is ill ulcd tlii'ir zeal which y of Stale he olliccis (lIlllltiHTS, inirally to lichee and e name oi' 1 so highly WEF.L. o^c^llo^- ', isiid. Ill inclose Lively tiic ice ol' the I' jiersoiis s, and (In ml I.owi'v. 70 not iloulil that yon will have reeoiuse, in evuiy case in'wiiicli it may he ])(i-.sihle to ilo so, to the ordinary trihunals lor the piiiiishmeiit of oU'enders. fhf,- riiope that the total failure of the recent seiiselcs-; attemiits to distiirli the |ieaee of the Colony will have relieved ,\oiir (Joveniment from all a|)[)rehensioii for liie future, and will eiiahle you lo deal with the poisons who iiave fallen into your hands with delihcrate consideration of the \arioiis reasons which should atl'ecf your (realnicid of them, and without incurriiiii' any a|»pi'a ranee of precipitation or uiidiie severity. i have, &c. Tlie;i{i:;ht lion. Viseoiint Momk, (Si-iied) KI)\V.\I!I) ('.\i;i)\Vi:iJ,. Ike. Sir. &e. No. 7. Ciii'V ol a DI'^l'A'I't 'i i iV'iui iiu- l;iL,lit ilmi. the ilarl of Caiinauvon to Uovenioi- (ieiieral the lii^lil lion. N'iscoiint AldNi K. (No. 1.1 Mv Loi;;), Downini^ Street, July 7, l.^^tii;. 1 OlSSElJM^i that the recent .Act of the Canadian Parliament, authoriziiii; the trial by Alilitia Couvts-uiartial. of forcijiners and others who are .i;'uilty of, or ai'ces-iiry to ai'ls of ufffjrcssion or hostility in Lower Canada, has t'ormed the subject of u conimunication from my pri'decessor in this dc|)artmenl. This ,\ct. which is copied Irom an .\ct passed in IS.'iS for the protection of I pper Canada and is made ajiplicahle to tlu- Lower i'rovince, is of an exceplional cli;iracti'r and to he Justilied by the exceptional ciri'umstanccs of tlu; time. 1 shall advise Her .Maji'sty to leave it to its operation. At (lie same time, 1 am unwillinn' to lose any time in ex])ressinii' my eainest hope that recourse will not lie hail to any but tbi' iisual tribunals for the trial of olfenders. When in lS;5s a, similar Act was passed for Ujjper Canada, the scncral condition of the iVovince was in many respects a very critical one. Such happily, I imderstand from your liOrdshiirs despatches, is not now the case, 'i'luud\s lo tlii' loyalty of all classes in Canada and to the i;'ooil faith and co-oiieratioii of the I iiited Slates aulhorilies, all aii;gression from their territory has been i)aliK'd and no iimueiliale dantzer a|ipears to thrcaleii the )ii'ace of the I'roviiK.-e. Tlid'c remains doubtless, some natural resentment oil the ]iart oi" timse who liavi- Vieen I'xposcd to so wnnton and criminal an outianc, but I ain conlident Ihat youi' liordship and youi' advisers are lully alive (o the wisdom ol' moderation in such a ("ase, and of coiiiiuiii<;' the punishment of the olfenders as far as jiracticable within the limits of what may be re([uired IVir the protection of the l'ro\incc now and in the future. I5ut uiuler any circunislaiices Her .Majesty's (Jovcrnmeiit considei' it on vwvy accoiml to be desired, that the persons concerned in this insane and lawK'ss eiiternri/.i', should be tried with all deliberation and sliould not be tleprivi'd of any ad\aiitaiies which can bo claimed under the ordinary forms of law. ,\nd it would be to them a cause of serious regret if any step were taken from which il cimld be inferred that the J'rilish authorities weri' either unwilling to await the ordinary caiisi' of juslice or disirusttul of the spirit in which it would be adiniiiisterctl. 1 have, ^cc. The Right Hon. Vi.scount iMonck, (Signod) CAIJNAIJVON". &c. &c. &c. No. 8. Copy of DESPATCH fronr the IJight ih.n. iho Earl of C adnauvon to Covernor- (!eiicral llu' Hight Hon. Viscount Monck. (No. 7.) Downing Sii'ect. .luly il, L'Sdii, the receipt of your Lordship's desp!itc!i No. 0,5* !o my j)redeccssor"s nolice llu> pa!vioti-ni and disturbances by Canadians ri'sideiii in Chicagd. who on boariny of the seizure of Fort Krie, gave up their various eniploymenl-. in order to return lo Ci'iada, lo offer their serxices for the defence of their counlry. You also rejiort. that a large number of Canadians, resident in New York, exprossi'd [82] ^ M My Loud, I H.VYHthi inniour to acknowledge fflf the 1 tth .luiie. Ill whicii y.iu bring ilpvotion exhibited during the late Fenian No. 7. No. 8. * l'il3C I'ti. m !h ,; '1- No, 0. Inclfi. 1 in No. !». Inclo. 2 ill No. 0. 80 til yuti. ilinmuli llcr Miiii'^tv'> ("(tii^iil. llu'ir \\i!liii;>iu'ss to iilmiiiloii llicir >cM'ral iiccu|)a- tioiis ill that fity, to assir^t in tlic tk-t'ciu'c of ('iuiiiilii niiniii'^t I'diian iUtiicks, 1 I'liniiol cKiiiL'N-. to Vdiu' l.onlslii]! tiMi ■^lniii;;l\ , liu' liiuli sons*' i-ntcrtaiiinl li\ Hoi- Ma jest v'n (ioMMiiiiiiiit of till' s|iiiil ami loyalty tlius oviiicoil, and I trust that siicii jindiiilic coiKliirl will i;o far lo pri'vciit ilu' ri'in'litioii ol' >iicli crinrina! attoiiipis as have n-ct'iitly lu'i'ii mndo at I'oit Evw ami Si. Albans. I have. &c. The lJii>lit Ih.u. Vi-,n)uiit Monek, (Sit-'ned) CARNARVON. &o. &e. &c. No. 9. Cory of !i DKsrATCll iVom ilif Rinlil Ilnn. the Karl of (' \Rx\i!Vr,\ to (lovovnnr- (inieval to l{ii;lit lion. Viscount Mom k. ^No. 1^.) ^h IjoiiK. Downiny- Suvi'i. .\ii;;ust t, l^iHi. 1 lI.W'l'l tlie iionour i.> imn-niil lo yon ih;' i-opy of a letter from the Secretary of Slate for War. inclosini;' one wriMeii liy the (lireclions oi' II i- K'oyal llii;hiies^ the I'ield Maishal ('onnnamlinu-iii-cliief. i-Npressiiiu,' his lii::h ajiprecialioii of the ^'alluiit ami encrjietie liehaviom- reeeiitiy evhiltitetl by the .Militia ami Volunteers of Canada. 1 am de-^irons of adiiiii^' that it is most nratifyinu' to me to lie the medium for making' this eomuuinieation to j-our Lordship. 1 have, &e. The Right Hon. N'iscount .Monck, (Signed) CARNARVON. &c. &c. &,c. Inclo^ure I in No. ;i. Sir E. ]ji(i.\ni> to Mr. Im.i.iot. Sir. War Olliee. .Inly L'C. l.^tiO. I AM direelcd liy SiM-retary Ijientoiiani-Ceneral Peel to transmit to you, for tlie information of tiie i.arl of Carnarvon, the uiei^sed copy of a letter which has iieeii received from the IIoino (Juards i-xjires-in^- the lii^ii appreeiaiion by His I'oyal Highness tlii' Field Marshal ( '(r,iiniandin::-in-cl',ief of the uailanl ami eneri;'etic behaviour shown by the Volunteers and Militia of Canada, on liie oeca.-ioii i tiie laie Fenian attack n])oii that Province, Fjieuleii;uif-(!eiu'ral I'eel reciuesls that Lord Carnarvon \\\]] connnunieate to the (Jovernor-iu'iieral the sentiment^ expressetl in this letter. I have, o\:e. T. Frederick Kllini, Lm,. (Si-ned) FJ)W.\I{|) Ll'j;vi':\^ n'ralitication and satisfaction Ic iias thereby eviierienced ; .-mil ilis Royal lii<;Imess trlI•l^, liieiebire, that ijicuieiiant-(ienercl I'eel will see no objection to the neces.>ary coniiounication beinu,- made by him lo the Colonial Olliee with the view to His Royal inglmes.s' sentiments, as above expressed, being made known tlirou--\.) Mr liOitji. I liW collies ol th' intilrded ' } sion- from I amend the (.)ne eli Canada to J5rd scclioii cap. -. The ^i first year of any praeliei a mailer i< appar>'nll\ eommiltc;!, iMajesly's i^ ret'oniiizeri I'l-oiial (jiovernmen give rise, ill enforced in li will such modifH The Ki:;hl &e. ( 'OI'Y of (No. 101.) Mv Loiih. I HA' (itli and 1 nient sec n have adiiph Acts imitu 'An -Vet t( Subjects ol' Niiu'ly-eig The Right &e. vi'inl (iicii|)n- liiiiicil hv llor M^t that sudi mpts US have XARVON. (idvcrnfn' list 4. l^r.C). ic Sfcrotuvy ol" mess the I'icld unllaiit ami iiada. uin tor iimkiiig' iN All VON. ik 2(1. isc.n. to von, tor tlic s hci'ii rocc'ivcd Hi^liMC'ss tliii • shown liv llio icU ajxin flial inicalo to tlie ia'(;aiu). iVak. h I'l, hsiii;. m the (Jriicial I'roviiict.', and Liii diroctc'd by tht' Si'c'i'otarv ,alty. and zeal ii'ward ibr llu' roups, is very and enerij;'etii'. y e\)ierionped : (.'1 \(ill sec no ual Olliee with made known 81 tliroup;h the proper channel to tlie Volunteer^ and Militia of Timada lately eni|)loyecl aj^ainst the Tenians. 1 have, \-e. (Signeil) W. K. I'ORSTHU. The rnder-Seeretarv oC State tor War. No. 10. No. 10. ('i)i'V ot a Di'lSl'A'I'CIl iVoni the IJinht Hon. the Karl ol' (' \K\AiiVo\ to Oovornor- (ieneral llie Ui^iit lion. \ iseoiml M()\( k. (No. :>■■'>.) Mv liOHii, I )o\viiinj;' street, .Seplenihor 1:5, Isdli. I liAV'i'. lo aekini\vled!;e yonr despatch No. ll'J*of tlii' l.'ilh olWnLinsi, inclosing- ' Paj^'f 34. copies of the .\ets intituK'd respeetivtdy •' An .\et to amend an .Vet of ihe prestnt Si-.>ion. intitided ' .\n Act to proteel the Inhaliitants of Lower Canada a:;ainst l.iawleHs .Virnres- sions from Subjects of {''nveii^n Counlries a( pe.-ice with llev Majesty; " and "An Ael to amend the Ninety-einhth Chapter of the Consolidated Statutes of Upper Canada." (,)ne ell'ect of these .\et^ is to L-ive an indilinltf; retrospective opemlion iii I'pper Camilla to tlie •"iiil section of the Act I'-M'ii'l., cap. ;)s, itsell' a re-i'uaclmenl of the Urd seclion of I Vict., cap. ;> ; and in Lo«erCana.la to llie .'Ird section of ihi' Ac) '_'!> Vict., ca]i. 2. The iiivimj; vetro-jieclive opeialion to an enactniei.t whicli has been in lorce since the lirsl year of Her Alaiesty's reiun. thon!::it o)u'ii in objection of |irinciple. can hardly have an^' iiraclical consequences, lint to i;i\'i' sncli an etfeci to (In- ii cent Act of J'J \'ict., is a nnitler id' sulistantial inqiortain-e. I'nder llie iaw as it now stands a man niiuht apparent 1\ be puni^lH•d as a felon foi' an .aci uhicji was niH a lelony when it was citnimiited. Such a retrospective law is liabk- to serious dlijeclion. evi-n as regards ller Majesty's snliji^cls: and in its application to ibrt'iL;ner-- \vould be inemi-isti'nt with vocoi'iiizeri principles of international law. Probably this conse(|uenee of tie- law now Ibrwavded e>caped the atti'ntion of your Govei"iment. Ihil care nmst be taken to avoid the end)arra>snients to which it nui;ht give ri>e, and I have to in>ii'ncl you that neillier of these .\ct-. must on any account be i'nlV)rced in cases when- they would ha\e a retrospective o]»eration. It will not bi' po>sil)le for nu- to snbnnt them for ller .Majesty'^ sanction without such miiiiiiications iis will relieve them from the objections ^\hich I have described. 1 have, &c. Tin- Ki-ht lion \ iscomit .Monck, .Signed) CAIJN Ali'VON. &c. &c. &<•. No. 11. No. 11. Coi'v of a DKSPATCM from the ni:;lif lion, the Earl (d' Cak\ai;v()N to Governor- (ienaral the I'itiht lion. \'isi'onnt .Monck. (No. 101.) Mv l.oiii', Downing Sireel, November L':>. iStiCi. I II Wl'i had under my consideration your despatches Nos. I."i4 and lll.'i.f dated the f I\ngcs 35 ami 36. Utli and 1^1 li October, and I bine l!ie honoiu' to inform you that Her .Majesty's CJovern- nient see no obiection to the course which your Lordship and the Canadiiin (lovernnient h.ave adiipicd, and propose lo athtpt, with rcLiard to certain l''(nian jnisoners, under the .\cls iniitnleil respi'ctivcly " .\ii Act to amend .an Act id' the pi'csenl se-sion, imiluleil ' .\n .\ct lo protect till' Inhabitants of Lower Canada against Lawless Agizressions from Subjects (d' I'oreign Countries at IVace with Her Majesty,' " and *•' .Vn .Vet to .-liueud the Nincty-eiglith Chai)t(.'r of the Consolidated Statutes of l'p|)er Canada.' i have, &e. The Right Hon. Viscount Mom-k, (Signed^ CAKKARVON. &c. &c. Ike. M 2 IMAGE EVALUATION TEST TARGET (MT-3) /. ^ *^.^ C/j 1.0 I.I 1.25 If' 140 2.0 |||||_L8 V] <^ /^ 'ew/ A 7 Hiotographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 ^v. >4\^ V> ^ % '•b 82 No. PJ. No. 12. ("orv til' a DESPATCH I'lDm (lie riij;lit Hon. tin- Karl oICahnahvon lo Governor- (iciHTJil tlio Uiyiil Hon. discount AIonck. (\o. lOS.) Mv Ii0i!i>, Oowniiiji;: Strocl, NovonibiT 21. lS(i(i. I IIAV1-] ivci'ived your toloiiiani ^talinn lliat you liave ivsiTvoil tlu' sonlom-os oltlio I'Vnian ronvicts. and ii'loniiiii- nic to Mr. S^■^vard'^ comniunication lo Sir i\ liruco upon I'agi' ;)7. this suljjci't. I liavcal.io rc'ccivi'dyour dcs))atcii of llic ^rd Novoniber* and the Ifoporls of Konian trials. .Mr. Soward. I ol)-^crv(\ applie's \'oy a record of tlu' judicial prococdini^s, and I infer from the papers liefore me tliat this retpu'sl lias lieen granted. 1 approM' of your having' done so. At the same time, haviiiij- reg'iird to all the (•ircumstanee>. I am anxious to siuard myself from assenlinn' to the jiroiKisilion that this recpicst could have a^sunu'd the form of a demand founded upon strict international ri'j.ht. An application hy the prisoners' ('ounsel throiiiili the rniti'd States' Consul in Canada, who iia^ iuid all facilitie> granted him, mii;lit have secured lor .Mr. Seward all that Ik- desiies, and would have heen more in accordance with ordinary usage. I'lUl uhil>t thus reiid\ and anxious lo alfonl the convicts iu (|uestiou every ciiaiu'C of interi)Osinj;- any ])lea for delay or exlennalion which may lie I'airly o])en to them ihrou^'h the j)ro))er authorities of their country. 1 .im houiul to protect tlie ailministration of justice in Canada from au,\ claim of supervision which mi^■ht on a first perusal of ^ir. Seward's words lie ihouulil to attach to them. Such laiit;uane min'ht possihly he construed into a chiim on the i)art of the I'nited States' (iovernment to investigate into .and to sit a> a (_'onrl of .Vpju'al upon the judicial proceedinos n, carrii'd on in an Knglish Court in Canada, and with all the safeguaiils ami sanctiun.■^ of Knglish jiuispruden(!e. I am satisfied that no such claim could he inlendi'd. It woidd he, indeed, a ])reten- sion that the rniled States' Covermncni would jn'ohahly he the first to reject, not only l)ecau>e a uiition >o jealous of it> own honour would scrupulously ahstain from any recpiest a comiiliance with which wouKI he im'oiisistcnt with tin- I'ights ami dignity of an imle- pendent State, imt he<'ause the jiracticc and jurisprudence of the two conutries on siu'h a t|uesiion. are, 1 l)elieve, almost, il'not (|uife identical. After a carel'ul perusal of the trials in Toronto. I am convinced that not the faintest shadow of an imputation can, in llu' oiiiiiitm of any reasonahle ])erson, rest uj)on the perfect fairness of the procei'tlings or the justice of the verdict. N'ot only Avas there no emtailnii'nt of thai fidl measure of lilierly and means of defence which is so es.sential an eleinenl in the ( I'imin.il juri-pnulence hoth of thi' rniteil Sintes and of (Ji'cal Dritain, hut every privilege that coidd he concedi'd to ihe !iri>omrs appears to have heen allowed. The case of tlii' Cruwn x.a- iiinperately stated, ihe whole Court concurri'd in the delays which wire asked aui granti'd. ami 1 ol)ser\c that evcii llie pi'i-uner Lynch linr^' witness to the fairne>- ami impartiality vvilh which hi-^ ca^e \\;i- tried. Her Majesty's (iii\ernmi'iit ari- reqiie-ud to grant an amnesty to these piisouers. They have carefully I'onsidered the (piestion. They canm)t sh; i their eyes to the very heim>us character of the oli'eiu'c. It was neither more nor le>s than a wanton and lawless attack, with the a\owc'd oliject of carrying lire and sword into an uimU'ending I'rovince. h has indeed, pro\identiall\. proved lo he as I'ruitless in its result as i( wjis wicked in its design, which contemplated not only miniler ami rapine in Canada, hut tlu' pos,,i!,;ii(y of emiiroiling two friendly luitien^ in ini unn:itural war. Her .Majesty's (iovern )ie' 1 are not insensihle to the resentment which the jKMtple of Canada mu-t !'eel. Thev have -luhmiiteil. and suhnutli'd cheerfully, to great sucrilices of their tinu' iinil their urofessi;ini!l avocations. Properly ha> heen destroyed, trade injiu'cd, and, I grie\e to thin!,, \aluai)h' lives have heen lost. Nor, again, have the course which the associates and the sympathisers with these uidnip])y criminals adopted, the language which they are rei)orted to have held, ami the idle threats of retaliiition said to have heen used by them, ri'ndered it easit'r either for Uie Canadian ]ieople ov Her .Majesty's (iovernment to overlook the grave character of the ofl'ence. Hut taking into account, the fact that nearly six months have now elapsed, and that nothing lias occnrri'd in the interval to detract from the ceinnh'te success which crowiu'd the eiforts of Her Mjijesty's troo])s and of the Caiunliaii Vojimlcers in suppressing the Fenian invasion, and readily accepting the ojiinioti of yourself and your advi.sers in favour of clemency, Her .^^ajesty^s (io\ermnent are disposed to hope that the ends of justice and wise policy may he secured wilhoul recourse to the extreme penaltii's of the law , 1 have thercJbre thought it my iluty to reeonimciul to Her Majesty to e.\tend Her prerogative ( Jenth, and t( as tiio law ol It is on be mi.sundei commuted in which they v criminal proi must he pre] Tlie Right 11 &e. Coi'Y of i (No. 109.) Mv Loiu), I HAVl aceomi)anied Mac.Mahon, I have upon the dis The Right K &c. Coi'v of r (No. 121.) SiK, I HAV of the 1st Di at Toronto. The Officer Coi'v of i (No. 127.) Sir, I IIA\ l.'Jth Decern the condenii You \v considered i 24th Novetii Lieutenant-' &c. lovernoi- 24, ISC));, onees of the liriieo ii|)t)ii V lii'porls oi' ;, and J infer I to iill the ion tiiat tliis intcrniitional t'onsul in r. Seward all yy chance of lem lin'ou^li ni^tration of t perusal of possihly he estimate into 1 an Knjili-h ndence. ed, a preteii- 'ct, not only I any rc(|nest of an inde- ies on such a ; tlie faintest 'st njion the was there no » essential an I r.rilaiu, hut H'cn aHoued. in the (h'lays l)iii\' witness •se |jri--()ners. s to the very II and hiwless Uii' i'rovince. ^'■ielM'd in its jiossil'iiily of ihe i)(Mi]ilo of 1 siici'iiices of rade injured, IS with those leid, and tiie ier either for iracter of the iod, and that hicii crowned ipressiiio- (lie >ers in favour )f justice and law, extend llcr 83 prerogative of mercy to the prisoners Lyncli and Mo Maiion. now lyinn' under sentence of death, and to connnute that sentence to twenty years ol' penal servitude or iniprisonnu'nt. as the law of Canada may warrant you in assinninj^-. It is only to be liojjed that this act of clemency on the part of Her Majesty may not he misunderstood, and that tin,' punishment to which the capital sentences have been commuted may he of sutticient severity to warn others of the still i^ravi'r conse(|uences to which they will inevitably render themselves liable by a repetition of such iii>ane and criminal procecdinj;s. But if unhappily this hope sliould be disappointed, all --uih persons must bt' prepared to be visited with the extreme penalties of the law. I have, iSic. The Riftht I Ion. Vi.scount Monck, (Si^r„e.d) ( • 'J{ X .\ R VO N . &c. &c. &c. No. \:\. Copy of a DESPATCfl from the Right Hon. the Karl of Cahn.\1!V().\ to Governor- General the Right lion. Viscount Mo.nc k. (No. 109.) M\ Loiu), Downing? Street, November 24, iN'ifJ. 1 HAVE the honour to acknowledge your despatch No. 18.'3* of the .'{rd of November, accompanied by various documents in the cases of Robert 15. Lynch ami the H' v. .inbn Mac.Mabon, lately convicted ot felony at Toronto. I have in another des])atch conveyed to you the views rd' Hei' Majesty's (loveiiiincnl upon the disposal of these prisoners. 1 have, Hcc. The Right Hon. Viscount Monck, (Signed) CARNARVON. &c. &c. &c. No. 14. Copy of a DESPATCH from the Right Hon. the Earl of C.w! a 'vo.n to the Otiicei- Administering the Government. (No. 121.) SiK, Downing Street, Decendier 28, I'sOO. I HAVE the honour to acknowledge the recei|)t of Lord Monck's despatch No. 20 If of the 1st December, inclosing' notes in the trials of ri\'e Fenian prisoners recently eiinvicted at Toronto. I have, &c. (Signed) CARNAR\^()N. The Otlicer Administering the Government. No. 1'). Copy of a DESPATCH from the Right Hon. the Earl of Cak.nauvon to Lieutenant- General Sir J. Micmki,. (No. 127.) Sir, Downing Street, January 7, IS<17. I HAVE the honour to acknowledge the receipt of your despatch No. 7] of the l.'ith December last, re.'<])ecting the decision of Her Alajesty's (Jovernmcnt in the cases of the condennicd Fenian prisoners, Lyncdi and MiicMahon. You will hav(! been informed by my telegraphic despatch of the 2>^th ultimo ;!iat I considered necessary the pronmlgation of my despatch on the subject, No. \0S^ ul' the 24th November. I have, &e. Lieutenant-General Sir J. Michel, (Signed) CARNARVON. &c. &c. &c. No. i;i. No. 14. t l',i-e •,■2. No. I,-). J P;iffe C5, § Page 82, No. 16. * Pago 6j. 84 « No. 16. C'oi'v ol'a DES .I'rCll tVoin the Right lloii. the Karl of C'mi.nauvox to Lieutcnant- Gencnil Sir J. \\u 111.1 . (No. 1.13.) ^iH' Dowiiiiii): Street, Fehruury 2, 1807. I HAVE had helbre nin your despatch No. 17* ol' tiic 27th of Deeeiulu'r, re(iuestini'- instructions on tile ease ot" Thoma- Madden, a Eeniaii convict, on whom capital sentence was |)assc(i. I approve ot your not liaving allowed the penalty ol" death to he intlictcd on this and tile other prisoner^ wlio were cuiideniiicd at tlic m ■;!' tiiiii'. 1 have, however, caretullv coiiHdered the evidence in tliis (M>e, ■,>\\i\ ] 1,11; of opinieii thiit under all liie eireuinstances it will he riiilit thiit you sliould co'innuii- Madden's seMteiiee to ilie same term of twenty years o! iienri-enment or pen.d .-ervitud.', as may under the Caiuidi 11 law he tiltinu-. as has alreiidy heen ' :l t'oi' the eoi.victs Lviic'! and .XJaeMalioii. 1 have, ^;e. Lieutenant-Cciieral Sir J. :MicIicl, (Signed i t^AKXAR^'OX &c. &e, .l'ATC'll I'rom liie Uii;iit iiim. tiie i'.ail o'' (' \u.\ ahvon to Licuteiiant- (ienei'al Sir .1. .Mh iii;i,. (No. \:u.) Sir, DowniuL: Stivit, FeLrnary "J, |sG7. f Page 73. I HAVE had the iumour to leceive your dispatch No. 7+ of the -kli of .January, reiiortinu- that you had detennined. with iih' advice of your (■.nuicil. to eomimite in every ease the capital sentence passed on Fenian convicts at the late trials at Toronto to penal sei'vitude for twenty year-. The particulars of thesi' eases must have heen I'ully wiiliin the conni/.ance of vourself and your Council. The crime of wliieli all the prisoners were t'ound guilty appeared to vou ?o urave that it would not, lor the present at least, he tit to make a distinction hetw'eeii them, or to aw:ird to any of them a smaller amount of pimi^hmeut than was (U'cided upon for L\nch air.i .Mc.Mahon. , see no reason to douhl the correctness ol' the eoiielusion at v.hicli vmi and the Council have arrived. I have, &c. Lieutenant-Gencral Sir .r. Michel, (Siirned) CARNARVON. &c. lie. ^;c. .^ ieutonunt- y -J, 1807. :r, ro(|m'sting ital si'iiti'iico .1 on this and vvv, cm ('111 I ly iiiiiiiistanci's 111 of twinty ittiii"'. as has