s 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."
Has the honor to report, in regard to the first resolution, that the
Government of the United States holds no correspondence directly
upon any subject with the Canadian authorities mentioned in the
said resolution, or with the authorities of any colony, province or
dependency of any other sovereign state; and that, on the contrary, all
its correspondence concerning questions which arise in, or effect, or
relate to such colonies, provinces or dependencies, is always conducted
exclusively with such foreign governments.
On the 11th of June last a note was addressed by this department to
the Honorable Sir Frederick W. A. Bruce, Her Majesty's Minister
Plenipotentiary residing in the United States, of which a copy is
hereunto annexed. It is proper to say, in relation to that note, first,
that the reports mentioned therein to the effect that prisoners had
been taken on the soil of the United States and conveyed to Canada, and
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