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I thereupon, the next day, addressed a letter to Mr. Barrows at Dublin, requesting him to ascertain, in the first place, wbether Mr. Boytop is an American citizev, and, if this should be shown to his (Mr. Barrows's) satisfaction, then that he should examine into the grounds of Boyton's arrest, and if the facts should justify the belief that bis complicity with treasonable or seditious objects had not been made out, that Mr. Barrows should then apply to the authorities for his discharge or to be informed why he is detained. I herewith inclose a copy of my letter, to which I bave not yet received any I have the honor to be, with great respect, your obedient servant,

J. R. LOWELL.

*

answer.

(Inclosure 1 in 140.)

Consul Barrows to Mr. Lowell.

CONSULATE OF THE UNITED STATES,

Dublin, February 14, 1881. SIR: I have the honor to acknowledge receipt of yours 10th instant, relative to the application of Michael P. Boyton for a new passport. I explained to Mr. Boyton that his personal attendance before you was necessary, but he first desired an expression of opinion, and thereupon I sent in his application. Copies of the dispatches relating to this matter are herewith submitted.

Mr. Boyton told me that he was not a native-born citizen, having been born in IreJand, but taken to America when he was a child. You will observe that the Assistant Secretary says the State Department records state he was born in the State of New York. I have to-day written Mr. Boyton informing bim that in order to make application for the reissue of his passport he must appear before you in London. I am, sir, your obedient servant,

B. H. BARROWS,

United States Consul. Hon. JAMES RUSSELL LOWELL,

United States Minister, London.

(Inclosure 2 in No. 140.1

Mr. Lowell to Consul Barrows.

LEGATION OF THE UNITED STATES,

London, February 16, 1881. Sir: I have to acknowledge the receipt of your letter of the 14th instant, in relation to the case of Michael P. Boyton.

The fact that he has already received a passport from the Department of State will not, in my opinion, entitle him to a new one, inasmuch as this original passport was granted upon the supposition that he was born in the United States. If, as he now declares, he was born in Ireland and taken to America when he was a child, it will be necessary for him to prove that his father was naturalized there. And this can only be done satisfactorily by producing bis father's letters of naturalization. It is well that Mr. Boyton should understand this before taking the trouble to come to London. I am, sir, your obedient servant,

J. R. LOWELL. B. H. BARROWS, Esq.,,

United States Consul, Dublin, Ireland.

[Inclosure 3 in No. 140.]

Mr. Lowell to Consul Barrows.

LEGATION OF THE UNITED STATES,

London, March 9, 1881. Sir: I received last night a telegram from Mr. Michael P. Boyton, stating that he is an American citizen, and protesting against an alleged outrage to which he has been

suliject by being arrested on a warrant which he says charges no offense. He there. apon claims the protection of the United States Government. This telegram is dated at Kildare, but I see by to-day's Times that he has been taken to Kilmaivham jail, in the neighborhood of Dublin. I prefer not to correspond directly with Mr. Boyton, and I must request you to see him and make such inquiries into his case as will enable me to take the proper action in regard to it.

It is necessary to ascertain, in the first place, whether he is an American citizen or not. By a reference to the correspondence I have already bad with you upon his application for a new passport, you will observe that while it appears by the records of the State Department at Washington that he claimed to have been born in New York, he bas lately stated to you that he was born in Ireland, but taken to America when he was a child. I must consider, under the circumstances, this latter statement to be the true one. He must, therefore, prove that be bas been naturalized in the United States, or that bis parents have been naturalized, in order to be entitled to the privileges of citizenship. If the fact of his American citizenship should thus be ascertained to your satisfaction, I desire then that you should carefully examine into the grounds of his arrest, and if the precise facts justify the belief that no substantial charge of his complicity with treasonable or seditious objects can be made out, you will communicate tbis to the authorities in Ireland and request his discharge or to be informed why he is detained. You will please intimate, in respectful terms and without auy warmth or suggestion of threats, that you are making these inquiries under my instructions, and are acting precisely as British consuls in the United States acted soon after the civil war under the directions of the British minister at Washington, in cases of summary arrests of British subjects. It is my duty to protect, so far as I can, all citizens of the United States, whether native or naturalized, who are shown to be innocent of designs to subvert civil order, and I should not perhaps require in such cases evidence of innocenca so full and conclusive as that which might be required in a court of law. At the same time I shall by no means try to screen any persons who are evidently guilty of offending against the criininal laws of Great Britian.

I have to request that in Mr. Boyton's case, as well as all similar ones, you will be cautions and temperate, and at the same time vigilant and firm, and that you will promptly report your action to me. I am, sir, your obedient servant,

J. R. LOWELL. BENJAMIN H. BARROWS, Esq.,

Consul of the United States, Dublin, Ireland

No. 4.

Mr. Lowell to Mr. Blaine.

No. 144.)

LEGATION OF THE UNITED STATES,

London, March 21, 1881. SIR: Referring to my dispatch No. 140 of the 12th of March last, to your predecessor, I have the honor to report such proceedings as have taken place subsequent to that date in relation to the case of Micbael P. Boyton.

I received on the 17th instant a letter from Mr. Barrows, the consul at Dublin, stating the result of an interview he had had with Mr. Boyton, in accordance with my request to that effect, and repeating certain statements made by the latter gentleman in relation to his citizenship. He inclosed also a letter from Mr. Boyton to myself. I forward herewith copies of both these documents.

The discrepancies in Mr. Boyton's allegations in respect to his citizenship were so evident that I thought it proper to address him directly upon the subject. I herewith inclose a copy of my letter.

I have this morning received a further communication from Mr. Barrows, containing an amended statement as to Mr. Boyton's father's naturalization, upon which his own claims to citizenship are founded. The exact dates, however, are not given. I herewith inclose a copy of Mr. Boyton's last statement. I have the honor to be, with great respect, your obedient servant,

J. R. LOWELL.

(Inclosure 1 in No. 144.)

Consul Barrows to Mr. Lowell.

CONSULATE OF THE UNITED STATES,

Dublin, March 11, 1881. Sir: I bave the honor to acknowledge your dispatch of the 9th relating to the case of Michael P. Boyton, now in prison in this city, and who claims to be an American citizen. I proceeded tbis morning to Kilmainbam jail, where Mr. Boyton is confined, and was permitted to visit him, although under the rules he bad been allowed to see his quota of visitors for the day. In answer to my questions, Mr. Boyton stated that he was born in Rathangan, County Kildare, Ireland, in September, 1846 ; that his father, with his family of ten children, Michael being the eldest, emigrated to America in 1859, and settled at Pittsburg; that the father took out naturalization papers in Pittsburg in 1860 ; that he, Michael Boyton, entered the United States Navy in 1864, as ship’s yeoman, on board the United States steamer Hydrangea; that he served on said vessel for about a year, was transferred to different vessels, and was finally discharged from the sloop-of-war St. Louis, at Philadelphia, in May, 1865 ; that he left America in 1866 for England, and before leaving procared a passport at the Department of State, which is herewith transmitted ; that he returned to America in 1868; that he again left America in 1874, and resided at London for five years, during which time he conducted an American agency ; that he came to Ireland in 1879 for the parpose of adjusting the affairs of his aunt, his only living relative; that since that time be bas resided in London and Ireland ; that he is associated with the National Land League of Ireland ; that the grounds for his arrest are based upon the charge of "inciting divers persons to murder divers others persons ;” and that he is innocent of any such thonght or intent. I inclose a letter from Mr. Boyton, addressed to yourself, and also a copy, in duplicate, of the warrant for his arrest. If it is desired, i can procure from the authorities a certified copy of the warrant. Awaiting your further instructions, I have the honor to be, &c.,

B. H. BARROWS,

United States Consul. His Excellency the Hon. JAMES RUSSELL LOWELL,

United States Minister, London.

(Inclosure 2 in No. 144.)

Mr. Boyton to Consul Barrows

KILMAINHAM JAIL,

Dublin, Ireland, March 11, 1881. SIR: I am a citizen of the United States. I was arrested at Kildare on the 8tb idstant and brought by an armed escort to this prison. I was shown a warrant from the lord lieutenant of Ireland under which I was arrested, and which authorized the governor of this prison to detain me for the term of eighteen months, or as long as it may please the chief secretary. This warrant charges me with no offense against the laws of Great Britain. It states that I am “ reasonably suspected of inciting divers persons to murder divers other persons," at the same time immuring me under circumstances that preclude all possibility of reply or defense on my part. Ostensibly I am incarcerated under an act of Parliament which suspends in this country the right of babeas corpus, i. e., the liberties of the Irish subjects of her Majesty the Queen. 1 am, however, an American citizen, and as such I protested at the time of my arrest. I now formally protest, and not alone against this outrage upon my liberty, over which, as one guiltless of any breach of British laws, I deny the jurisdiction of the British Government, but against the attempt to destroy my reputation and cast an ipfamous stigma upon my whole life by the imputation of a cowardly crime, second only, if not equal, to the crime of murder. Confident of my entire ability to prove the positive assertion that I have broken no law of these realms, in the name of justice I ask of you, sir, to demand from the British Government either that it try me for the criine impated on the foul and unfounded suspicion of I know not whom, or else release me at once from what I am competently advised is an imprisonment contrary to international law, and a gross outrage on the person and liberty of an American citizen.

My father was naturalized a citizen of the United States twenty years ago, and for convincing proof of my citizenship, well earned in defending the honor and integrity of the Union, I beg to refer you to the American consulate in this city,

Respectfully claiming at your hands the lawful aid and protection to which I am entitled, I have the honor to be, sir, your obedient servant,

M. P. BOYTON. To his Excellency the AMERICAN MINISTER,

United States Legation, London.

(Inclosure 3 ip No. 144.)

Mr. Lowell to Mr. Boyton.

.

LEGATION OF THE UNITED STATES,

London, March 17, 1881. SIR: I have received your telegram of the 8th and your letter of the 11th instant, and have given to them attentive consideration.

Laying aside for the present the question whether you have or have not committed acts to justify your arrest under the coercion bill, I beg leave to point out certain discrepancies in your statements in relation to your citizenship, which require explanation before I can examine the point whether I ougbt to intervene in your behalf.

Mr. Hay, the Assistant Secretary of State, wrote to Mr. Barrows, the consul at Dublin, on the 2d of December last, that you appear on the records of that Department to bave been born in the State of New York. I take it for granted that this entry must bave been made pursuant to your own statement in the application for the passport, which was issued to you on the 20th of November, 1866. You are described in this passport as being at that time twenty-two years of age, which must have been so entered agreeably to your own statement.

You now state to Mr. Barrows tbat you were born in Rathangan, Kildare County, in Ireland, in September, 1846. It appears, therefore, that you were not born in New York but in Ireland, and that you were not twenty-two years old at the date of your passport, bat only twenty years and two months.

It follows, therefore, that in order to make out your claim'to American citizenship, you must prove one of two things: 1st, That you have taken out paturalization papers yourself, which, as I understand, you do not assert; or, 2d, that your father was regularly naturalized while you were yet a minor.

Yon say that be took out such papers at Pittsburgh in 1860. But this is impossible, because by your own showing he did not come to America uptil 1859, and he must have resided there five years afterwards to entitle himself to such letters, having also given two years' previous notice of intention to become a citizen. Letters of naturalization could not, therefore, have been legally issued to him earlier than 1864, even if he had declared bis intentions immediately upon his arrival.

Sach a declaration of intentions by itself would not have given him or his minor children the privileges of citizenship.

Upon receiving satisfactory evidence, therefore, that your father lawfully and regularly became a naturalized citizen of the United States while you were yet a minor, I shall take pleasure in immediately examining into the circumstances of your arrest. I am, sir, your obedient servant,

J. R. LOWELL. Mr. MICHAEL P. BOYTON,

Kilmainham Jail, Dublin,

(Inclosure 4 in No. 144.)

Consul Barroros to Mr. Lowell.

CONSULATE OF THE UNITED STATES,

Dublin, March 18, 1881. Sir: I have the honor to acknowledge receipt of your dispatch of 14th instant.

On yesterday I again visited Mr. Boyton, and took down his statement. As the burden of proof rests with Mr. Boyton, I have simply reduced his answers to a condensed statement, and allowed bim to tell his own story in his own way. I shall be pleased to know whether or not this meets with your approval. Statement transmitted herewith.

Pending your decision on the question of his citizenship, I have not placed myself

officially in communication with the Crown authorities, nor made any demand in Mr. Boyton's behalf. Personally, Mr. Boyton informs me, be is treated with the utmost courtesy by the prison officials. I have the honor to be, sir,

B. H. BARROWS,

United States Consul. Hon. JAMES RUSSELL LOWELL,

United States Minister, London.

(Inclosure 5 in No. 144.]

Memorandum of statement made by Mr. Boyton to Consul Barrows.

STATEMENT.

I called on Michael P. Boyton in Kilmainbam, on Thursday, 17th March, and questioned him further concerning the evidences of his citizenship. Mr. Boyton reasserts his former statement, that he was born at Kathanagan, county Kildare, Ireland, 5th September, 1846 ; that his father emigrated to America and settled in Pittsburg, Pa., in 1859. He amends bis previous statement by asserting that his father declared his intention of becoming a citizen of the United States at Pittsburg in 1860, and that his final papers were taken out after the usual limitation. Michael Boyton saw his father's naturalization papers many times when living at Pittsburg, and his father voted many times in that city at the local elections. The father died at Newport, R.I., October 5, 1870. Mr. Boyton enlisted in the United States Navy at Brooklyn pavyyard before he was eighteen years of age. His mother attempted to procure his discharge from the service by affidavits proving he was under age at the time of his enlistment, but did not succeed. He was twenty years of age when the passport alluded to in previous dispatches was issued to him by the State Department. "Ho denies that be stated his age to be twenty-two years on that occasion, or that he gave his place of birth as New York. He was residing in New York at the time, and was accom. panied to the State Department at Washington by General Charles G. Halpine and B. F. Mullins, who vouched for him.

Mr. Boyton states further that he voted, in New York City, for Horace Greeley at the Presidential election of 1868, and that he voted frequently at local elections in Pittsburg, and that his right to vote bas never been challenged.

Mr. Boyton states further that his mother is at present living at Staten Island, New York, but he cannot say whether the evidences of his father's citizeoship still remain in her possession. If required, search will be made, as the fact of his father's naturalization must appear of record at Pittsburg. Mr. Boyton desires me to ropresent to you how difficult it will be for him to produce these papers.

Mr. Boyton states further that he bases his claim of citizenship on the fact of his father's naturalization, he, M. P. Boyton, being at the time a minor.

He has not as yet been furnished with a copy of the charges against him; nothing more definite than that of “reasonable suspicion," the expression which occurs in the warrant upon which he was arrested.

Mr. Boyton never applied for, or took out, naturalization papers, deeming himself a citizen of the United States by virtue of his father's naturalization.

B. H. BARROWS,

United States Consul. UNITED STATES CONSULATE,

Dublin, March 18, 1881.

(Inclosure 6 in No. 144.1

Warrant for the arrest of Mr. Boyton.

No. 11. 44 Victoria, chapter 4.

AN ACT for the better protection of person and property in Ireland.

Copy warrant to arrest.

Whereas, by our order dated the 4th day of March, 1881, and made by and with the advice of the Privy Council in Ireland, and by virtue of the act made and passed in

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