I have the honor to be, with high consideration, my lord, your obedient
servant,
Right Hon. Lord Lyons, &c., &c., &c.
Messrs. Haidy & Hardy to
Mr. Seward.
Brantford, Canada
West,
March 16, 1864.
Sir: We are instructed, on behalf of Ira
Lee and George Cooper, citizens of the United States, to represent
to the American government the following facts and
circumstances:
That they are citizens of the United States, and came to Canada a few
months since. They left Canada in February last and proceeded to
Tonawanda, in New York State. While sleeping at a hotel in the
village they were arrested by. the American authorities of the
place, on a charge of stealing horses at the town of Paris, and
county of Brant, in this province, and, by a policeman or constable,
handed over to a constable by the name of Gardiner, from Canada, who
handcuffed them and brought them against their will to Canada. This
without an investigation before an American justice of the peace,
and without an order or other authority from the governor of the
State, or the authorities at Washington. They were taken before a
magistrate for a few minutes at Tonawanda, but no investigation was
held, and they were remanded by him to prison to await evidence, and
handed over to the Canadian constable for remand. Instead of placing
them in prison he brought them into Canada. They were brought to
this place and committed to take their trial at the quarter sessions
[Page 565]
for this county, and
the trial took place on the 10th instant, and being found guilty,
they were sentenced, Lee to three years and three months, and Cooper
to three years, in the provincial penitentiary. Lee, we understand,
is a deserter from the 2d Michigan cavalry. It is a clear case of
kidnapping, and as your government have heretofore, under like
circumstances, demanded that the prisoners should be released, we
are instructed to make application to your government that a demand
may be made upon the Canadian authorities for a release of the
prisoners.
We beg to enclose a copy of the sworn statement of the prisoners, and
to say that the facts stated were fully borne out by the evidence on
the trial. We shall be happy to furnish you with any further facts
in our power, and to substantiate them by evidence such as you may
require. Lee has friends in New York State and Michigan, and Cooper
in Pennsylvania. May we request a reply at your convenience ?
We have, sir, the honor to remain your obedient servants,
HAIDY & HARDY, Barristers,
&c.
Hon. William H. Seward, Secretary of State U. S. A., &c.,
&c.
In the Court of Quarter Sessions for the county of
Brant.
The Queen
vs. George Cooper and Ira Lee.}
We, George Cooper and Ira Lee, at present confined in the common
jail of the county of Brant, in the province of Canada, make
oath and say:
1st. That on the 22d day February, A. D. 1864, we were arrested
at Tona-wanda, in the State of New York, by the (as we were
informed) chief of police at Tonawanda, on the charge of
stealing the horses of a Mr. Robinson, at Paris, in the said
county of Brant and province of Canada.
2d. That by said policeman we were taken before a justice of the
peace at Tonawanda, and by him remanded to the jailor prison at
Niagara Falls, on the American side, as it appeared in the
commitment read to us.
3d. That by said policeman we were handed over to a person by the
name of William Gardiner, a constable, a policeman acting as
such, in or near the village of Clifton, on the Canada side, and
having no authority to act as such in the said State of New
York, and by the said William Gardiner we were at once conveyed
across the suspension bridge into Canada, without a hearing
before a justice of the peace in said State, and without the
authority or warrant of the governor of said State of New York,
or of any person having authority or power to deliver up to the
authorities of Canada.
4th. That we were brought to the county of Brant, and consigned
to the said jail, where we were remanded until the 10th day of
the present month of March, when we were tried on the aforesaid
charge, and on being declared guilty were sentenced—I, the said
Ira Lee, to imprisonment in the provincial penitentiary of
Canada for a period of three years and three months, and I, the
said George Cooper, to a period of three years in said
penitentiary.
5th. That it came out in evidence that the said Robinson paid the
said William Gardiner the sum of $17 for kidnapping us as
aforesaid.
6th. That on being arrested, and before we were brought to the
Canadian side, we remonstrated with the said Gardiner, and told
him he had no authority to bring us into Canada.
7th. That we believe we were sent into Canada by and with the
connivance of the
[Page 566]
government of the said magistrate at Tonawanda, whose name we do
not know.
8th. That we are citizens of the United States of America, and
claim the protection and benefit of their laws and
institutions.
9th. That we were unlawfully kidnapped from the said State of New
York.
IRA LEE.
GEORGE COOPER.
Sworn before me, at Brantford, aforesaid, this 14th day of March,
1864.
ARTHUR S. HARDY, A Commissioner for
taking Affidavits, &c., &c.,
&c.
