Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-06-20
Suppression of Fenianism by the Gov.
ernment,
ATTORNEY GENERALS OFFICE
Washington, June ), 1866.


By direction of the President, you are hereby in
structed to cause the arrest OF all prominent leaders
or conspicuous persons called Fenians, who you NAV
have probable cause to believe have been, or may
be- guilty of violations of the neutrality laws of the
nlted States. JAMES SPEED,
Attorney General
The government is not only bound to take this
action by the recognized laws of international com
ty, which forbid government to allow its citizens
or others TO organize within its borders against
a friendly government, but positive law of the
United States make it imperative. The law was
passed in 1878 and is entitled an act in addition
to act for the punishment of certain crimes against
the United States" It provides for the punishment
of any citizen accepting and exercising a commits
sion to serve foreign government in war, for en-
listing others for foreign service for fitting out yes
sells of war for the same purpose and other similar
offences. The sixth section of the law applies di-
recty to the Fenian enterprise, and is as follows:
That if any person shall, within the territory or
jurisdiction of the United States begin or set on
foot or provide the means for, any military expedi-
tion or enterprise, to be carried from thence
against the territory or dominions of any foreipn
prince or state, or of any colony district or people
with whom the United States are at peace, every.
person so offending shall be deemed guilty of high
misdemeanor and shall be fined not exceeding three
thousand dollars, and imprisonment not more than
three years"
Another section authorizes the President to en-
carry this law into effect
The law of Upper Canada, under which such
Fenans as shall be so unfortunate as TO be caught
on that side will be tried and punished is follows
"In case any person, being citizen or subject of
any foreign state or country at peace with her ma
jesty, be continues in arms against her majesty
within Upper Canada. commits any act of hostil-
ity therein or enters Upper Canada with design or
intent to levy war against her majesty, to COM
NIT any felony therein for which any person would
by the laws of Upper Canada be liable to suffer
death, then the governor may order the assembling
of militia general court martial for the trial of
such person, agreeable to the militia law, and upon
being found guilty by such court martial of offend
ing against this act such person shall be sentenced
by such court martial to suffer death or such other
punishment as shall be awarded by the court
Thus the way of the Fenians is hedged in bv Ie
gal penalties on both sides-fne and Imprisonment
here for setting foot or so much as contributing
the means for, raid upon Canada-death if caught
there in the act.
The arrest of the Fenan leaders, according to the
Presidents order, will prove an efficient measure for
breaking up the mad enterprise. The government
would have been justified in issuing this order while
the raid was only in preparation, and doubtless
would have done if the whole thing had not been
considered stupendous practical Joke and sYipdle