THE FENIAN PRISONERS—CORRESPONDENCE BETWEEN SECRETARY SEWARD AND THE BRITISH MINISTER.
The question of the ultimate fate of the Fenian prisoners who had fallen into our hands was one which received considerable thought and discussion. While the temper of the Canadian people was not favorable to any leniency being shown to them in those sad days in June when they viewed the death and desolation that had been caused by the raiders, yet all felt constrained to give them the full benefit of British justice—fair trials and an opportunity to separate the guilty from the innocent. The authorities further resolved to be not too hasty in bringing the unfortunates before the tribunal, as in the excited state of the public mind such action might prove disastrous to the accused. This policy was a wise and just one, and met with general approval.
While these Irish-Americans were penned up in Canadian prisons their friends across the line were using every effort to effect their release by supplicating President Johnson and Secretary Seward to interpose in their behalf, and at last succeeded in getting some resolutions put through Congress with this object in view.
Secretary Seward took the question up in an official way with Sir Frederick W. A. Bruce, the British Minister at Washington, who forwarded the documents relating to the matter to the British and Canadian Governments, and no doubt this friendly interposition had some effect in influencing the authorities to adopt the humane policy which subsequently prevailed.
During the month of June the Fenian prisoners who had been captured at Fort Erie and vicinity and lodged in the jails at Brantford and elsewhere, were removed to Toronto Jail and placed under special guard until their cases could receive due consideration by the authorities. At a preliminary investigation a large number of these men were discharged for want of sufficient evidence to convict, and were deported from the country. About forty were held for trial. Some of these were British subjects, while the remainder claimed American citizenship. The former were charged with high treason, the penalty for which is death. Those claiming to be aliens, and citizens of the United States, were indicted under an old statute which was enacted during the period of the Canadian Rebellion of 1837, which provided that subjects of a foreign state who entered Canada for the purpose of levying war rendered themselves liable, on conviction, to the death penalty.
On the 26th of July, 1866, President Andrew Johnson sent to the United States Congress the following documents from the Department of State, in reply to two resolutions of the House of Representatives, the first requesting him to urge upon the Canadian authorities, and also upon the British Government, the release of the Fenian prisoners captured in Canada; and the second requesting him to cause the prosecutions instituted in the United States against the Fenians to be discontinued, if not incompatible with the public interest:—
DEPARTMENT OF STATE, WASHINGTON, July 26, 1866. To the President:—
The Secretary of State, to whom was referred two resolutions of the House of Representatives, passed on the 23rd of July, instant, in the following words, respectively:—
"Resolved, that the House of Representatives respectfully request the President of the United States to urge upon the Canadian authorities, and also the British Government, the release of the Fenian prisoners recently captured in Canada.
"Resolved, that the House respectfully request the President to cause the prosecutions instituted in the United States courts against the Fenians, to be discontinued, if compatible with the public interests."