The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-09

Il found ready sympathy among that large portion Of
the American people think that England acted In
bad faith in regard to acknowledging begersnt rights
to the Southern confederacy and In allowing ships to
leave her which that confederacy commissioned to
prey the commerce OF the United States With this
class quite apart from the ultimate objects OF the Fenan
cordial for they hoped that The United States
would accord such beigerent rights TO the invaders as
would enable them 70 commission SHIPS 70 prey
had done upon American commerce. Nor are the
sympathy and cooperation of the American people, less
for a scheme which would annex these provinces with
the states OF the Union The native born citizen OF tho
United States earnestly impressed with the belief
the very best He seems for granted that real
liberty be enjoyed under other, and that all
nations would eagerly ADOPT u u they had the oppoun
He appears TO dscredt the fact that under monarchca
government II is impossible to enjoy freedom less tram
meed by the tyrany of office and partyy than under
republican government He thinks II impossible that
here can really devoted to beloved sovereign
and her government government which he affects
TO think overbearing perhdious and envious Of the
power and greatness Of the American nation Unfortun
atelv for our peace we have reaping the fruits OF
these opinions Some OF the really well meaning OF the
American people, many OF the unthnking, and num-
Der of those who entertain the opinions to which have
Just referred given their countenanco co.opera
ton and aid to this Fenian conspiracy. Nor s II all
improbable that the leaders OF the two great political
parties into which the United States Is divided
have the enterprise which they know can
not be successful, on the one hand 10 obtain the
political support OF those engaged in the conspiracy,
which IL has usually received and on the other hand to
divert 70 the other party Protesting, as the American
people do, to be people who respect themselves, pro-
Tossing be nation which respects national rights IL
OF that this conspiracy whose
oh, ects have been loudly proclaimed, has not been
irosned upon by the American people and denounced
ancient modern times, and one dangerous TO their
own peace for organization formed to commit atroci-
ties In one place may by eaav transition become one
commit outrages Ia another place. which s direction
may be turned mention these things dspe erroneous
round your inquiries the present occasion which for
other purpose would be out OF place here but they
extenuae rather than aggrayate the conduct Of those
Investigations The accused said TO be chiefly OF
that young. reckless unthinkng class-but in part Of
an Older and more depraved onewhch are seen in the
principal cities Of the United States Probably most Of
them Joined this nefarious enterprise with the ap-
probation Of those to whom they naturally looked,
Of which would yield at least excitement and Its
nation applause and renown rheseconsiderations and
others which they suggest will, hope tone down your
minds to judicial camness in the Investigations
come before you. Remember the law presumes these
until by legal evidence, their guilt appears They
charged with having feoniousy entered Upper Canada
on the first and second days Of June last, with In
being found in arms against her Majesty here. ~
you VIII presently see they might have been nnn sd
be tried here by the ordinary OF law; or eAcep
ing the late invasions and the hress y .neI aspe
Moreover war its usaoes baaas alien alike
to agricultural and commerce. peo p wno "o h
men should have suffered death upon the sentence OF
court martial The statute against which, VIII be
char I'D thew have offended is the % VIC, cap 9s,
cnnsoaaoo OF tho VIC, cap IL amended by the 20
and so Vic, enacts that in case any person, be-
IN, nescs her Majesty Be continues arms against
reS Majesty within Upper Canada, or commits
any acts Of hostility, or enters Upper Canada with
design intent to levy against her Majesty,
or TO commit any felony therein, by which
any person would, by the laws Of Upper Canada
order the assembling OF military general court mart al
for the trial or such persons agreeaby 10 the miia
laws and upon being sd f"u1d gully BY such court
shall be sentenced by such court martial TO suffer atb
or such other punishment rs shall be awarded by the
court Tho second section that II any subject Of
her Majesty within Upper Canada eves against her
Majesty in company with any Of tbs subjects citizens
Majesty, or enters Upper canada with any such
subjects or citizens, with intent to levy war
upon her Majesty or 70 commit any act Of felony
aforesaid, with the design intent TO and assist
no joins himself to any person or persons whatsoever
whether subjects or aliens who have entered Upper
Majesty, or to commit any such felony with
the same, then such subject Of her Majesty
manner h. any IL .Ssse
OF foreign State country al peace with her Majesty
liable 70 be tried and punished. The third section
country who ofends against the provisions OF this
act y guilty OF felony, and may Notwithstanding the
provisions herenbsf".s consa,6s be prosecu,e -.
gao delivery in and for any county in Upper Canada in
e manner as II the offence had been committed
ns ae 20 sna IS sc ep
,nrd se:a2n just quoted repealed and the following
mentioned act ana read as she tnrs section o. The mrs.
citizen or suhes. any foreign state or country who
has q any lime therefore, offended or may any time
contained may be proseced before sny court of Over
ana ierminer ana general TAIL delivery in and for
manner. As II the ofFcncs Led been Committed lifted
in srch county. and upon convection shall suffer
10 involve them in doubt uncerainy ne sim
pie question L. whether these men any Of mem an
s ~. OF these statutes these 70
in all others where tho intent . material ques-
ton, may &c improved By declaration Of in,en-
Ia that intended to do what no has done
The Counsel for the Crown must prove your saiisac
against her Majesty contrary the statute that the
parties accused were engaged In Il associated with
czens there be evidence which satisfies You they
are such citizen. they arc charged not a. American
citizens The prssump,on = that They are her Mss:
will probably be denied that they subjects q her
Majesty. shall abstain from audin< 70 what was
charged upon hes prisoners and your feelings ought
nc Ss' 1used calm inquiry ,h xss
cases, a. In an Others. the Crown UNDERTAKES
y bring does 20 D q n che :
not hesitate . moueIt Bitter far the guilty escape
thaa the nnocsn. er better that no trial should lake
pihc' VI tnouiu sOYuai tban tnnt the
ministraon OF criminal justice should be furnished with
the stain Of conviction which the Law would not sustain
Az tho 60 ID peopb and true from among whom Won
came were above tins msauncss Of fear when in the
midst Of dangers and conncts and were ready ssrniy
20 defend their homes and TO rcpei aggrcsson 20 now
lot the feeling OF resentment 1nd no place In your
midst In the inquiries upon which you are about
70 enter, and thus show that you can admin
lister the Law in Its pure and benign
spirit In this way alone you acquit yourselves
with credit and appreciation in the sght Of good men
and satisfy your conscences In the sight OF Him
before whom all hearts are OPEN You win now retire.
and am confident you will inquire earnestly ana zeal,
ousy into every case submitted 10 you.
10 not expected that the trials will take place before
Thursday, owing 10 the absence Of some imporsnt
crown witnesses
Mr. r. A. Harrison, the Assistant Solicitor General
and Sol citor Cockburn have arrived 10 coma y,
the business for the lcrown. The sheriff has
made some important changes In the Court House
Tor the safety OF the Fcniana large number of
Irish Americans eau be paradnR the prip
cpai streets, In the city who have arrived ncre 70 wit