Mr. Seward to Sir
F. Bruce
Department of State, Washington,
July 26, 1866.
Sir: I have the honor to invite your attention
to the enclosed extract of a communication of the 19th instant, which
the United States consul at Toronto addressed to this department,
regarding the arrest and imprisonment at that place of three American
citizens, who are charged with participating in the recent Fenian
movement against Canada.
I have the honor to be, with the highest consideration, sir, your
obedient Servant,
The Hon. Sir Frederick W. A. Bruce, &c., &c., &c.
[Extract.]
Mr. Thurston to Mr. Seward
No. 113.]
Consulate United States of
America, Toronto,
July 19, 1866.
Sir: * * * * * *
Among the Fenians arrested in Canada on suspicion of being engaged in
the Fenian raid in June last, are several American citizens. Many of
these persons have placed in my hands affidavits of their innocence
and testimonials of their character, which I have forwarded
[Page 250]
through the Crown officers
to the government of Canada. One of these parties was released at my
request some days ago. There are three persons now in jail for whom
I have placed before the government of Canada the most
unquestionable proof of their innocence. The names of these parties
are Thomas Ellis, James Dillon, and Carney, citizens of Buffalo. So
convincing was the evidence to the clerk of the peace here, Mr. John
McNabb, that he did not hesitate, after examining the same, to send
his report to Mr. R. A. Harrison, Crown agent at Toronto, that they
be forthwith discharged. On the 5th of July Mr. Harrison made his
report, and, as I understand, recommended the discharge of these
men. On the 13th instant, hearing nothing further from the
government in relation to their discharge or trial, I addressed a
letter to Mr. Harrison, herewith enclosed, which he at once
transmitted to Ottawa. On the same day I telegraphed to the Hon. Mr.
McDougall, which is also enclosed, together with the answer
received. On the 17th instant I telegraphed to the honorable
attorney general, asking, from the evidence submitted to him, that
these parties be at once discharged. I received no answer until
yesterday afternoon, when the enclosed answer was received. These
parties, arrested on the charge of being engaged in a raid on Canada
on the 1st of June, have been in confinement in the old jail in
Toronto ever since. They are most respectable persons, living at
Buffalo, and, as the testimony submitted to the government of Canada
proves, they went over to Fort Erie after the battle, the boat in
which they crossed was stolen, and they were arrested sitting on the
banks, with no arms or offensive weapons found on them. That parties
in Fort Erie saw them when they landed, and to some of those persons
they told the object of visiting Fort Erie at that time, which was
to see the Fenians and the battle-ground. The government of Canada
have not determined whether to try the whole number arrested by
military tribunal or by the civil courts. In the mean time they are
deprived of their liberty, and no amount of evidence, conclusively
proving their entire innocence, seems to have any effect to hasten
the government action in their case. I have made all the demand that
I felt authorized to make, and I now refer these particular cases to
the department for instruction.
There are several other parties, claiming to be American citizens, in
prison here, for whom I have transmitted certain evidence of their
innocence of any complicity with the Fenian raid. The proof
submitted to the government, however, is not full and complete, and
I am waiting further evidence to enable me to press their claims for
discharge or immediate trial. In the case of Ellis, Dillon, and
Carney, I beg to say that I have had every assistance from the
county clerk, John McNabb, esq., who has arranged all the proof
received, and, with his comments on the same, has transmitted it to
the government, with strong recommendation that they should be
discharged at once. The general feeling among the law officers of
the government at Toronto is that they should be discharged, and I
respectfully ask that some action may be had in their behalf by the
department at once.
With great respect, I am, sir, your obedient servant,
D. THURSTON, United States
Consul.
Hon. William H. Seward, &c., &c., &c.
Letter sent to Mr. Harrison
United States Consulate,
Toronto,
July 13, 1866.
Dear Sir: I trust you will pardon any
seeming importunity on my part when I again ask if Ellis, Dillon,
and Carney are to be released. The proof, so clear and full, would,
I am confident, satisfy any one of their entire innocence, and I
most respectfully ask that the government be requested to discharge
them at once. I know their families are suffering, and, in view of
the excessive hot weather, it would seem nothing more than justice
that they be discharged at once.
I am, sir, very truly, yours,
D. THURSTON, United States
Consul.
R. A. Harrison, Esq., Toronto.
Telegram sent to Hon. William McDougall
Hon. William McDougall, Provincial Secretary, Ottawa, C. W.:
Is there any reason why Ellis, Dillon, and Carney should not be
discharged at once? The evidence of their innocence is certainly
conclusive, and has been before your government for a week.
D. THURSTON, United States
Consul.
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Telegram received from Hon. William
McDougall.
D. Thurston, American
Consul, Toronto, C. W.:
The prisoners having been taken by the military authorities as
persons engaged in a piratical attack upon this province, can only
be discharged after acquittal by the proper legal tribunal.
Telegram sent to John A. MacDonald, Esq
Hon. John A. MacDonald, Attorney General, West Ottawa, C. W.:
Is there any reason why Ellis, Carney, and Dillon, in prison here as
Fenians, are not discharged? The evidence of their innocence is
conclusive, and the report of Mr. Harrison in favor of their
release. I would respectfully ask that they be discharged at
once.
D. THURSTON, United States
Consul.
Telegram from John A. MacDonald,
Esq.
D. Thurston, Toronto, C.
W.:
The cases of all the prisoners at Toronto are now under the
consideration of the government.
