THURSTON, United States Consul to William H. Seward, July 19, 1866

Mr. Thurston to Mr. Seward

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 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,