and has been or may be hereafter honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of ⚫ his intention to become such, and shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States.” You will observe First. That this law applies only to the Armies of the United States. It has been decided in Bailey's case (2 Sawyer, 200) that the expression "armies" does not even include marines. Second. That the service does not by itself constitiute a man a citizen. It is still necessary for him to make a formal application to the court, and to prove one year's residence, good moral character, and that he has been honorably discharged. So that, even if the benefit of the law were not expressly confined to soldiers, you cannot avail yourself of it, because, as I understand, you have not made the application required by law and taken out the papers. I am, sir, your obedient servant, Mr. MICHAEL P. BOYTON, Kilmainham Prison, Dublin, Ireland. J. R. LOWELL. No. 154.] No. 6. Mr. Lowell to Mr. Blaine. LEGATION OF THE UNITED STATES, SIR: Referring to my dispatch No. 147, of the 25th ultimo, I have the honor to inclose herewith a copy of Mr. Boyton's letter in reply to one which I addressed to him on that day, a transcript of which I forwarded in that dispatch, and also of my answer to the same. I have the honor to be, with great respect, your obedient servant, Hon. JAMES G. BLAINE, Secretary of State, &c., &c., &c., Washington, D. C. J. R. LOWELL. SIR: I am in receipt of your letter of the 25th instant, which came to my hands opened and inspected. I have already informed you that this was the case with your previous communications. In reply I beg to say that I am not in a position to verify your quotation of the law of the United States, nor do I admit your construction of it. To me it seems simply absurd that the United States Congress should have enacted a law in recognition of the foreign-born defenders of the Union, entitling them to well-earned rights of citizenship, and deliberately overlooking or ignoring the thousands of brave men whose accomplishments on sea and shore, both in the Navy and naval brigades, were equal to any service rendered by the armies, regular or volunteer. Without abandoning any grounds upon which I have claimed, or now claim, the protection to which I am lawfully entitled as a free citizen of the United States, I now ask you, sir, to inform me definitely whether you decline to accept the passport issued to me by Mr. Wm. H. Seward, Secretary of State, in November, 1866, as evidence of my American citizenship. Your obedient servant, His Excellency J. R. LOWELL, U. S. Minister, Legation of the United States, London. M. P. BOYTON. (Inclosure 2 in No. 154.] Mr. Lowell to Mr. Boyton. LEGATION OF THE UNITED STATES, SIR: For reasons which sufficiently appear in the correspondence which I have already had with you upon the subject, I beg to inform you that I decline to accept the passport issued by Mr. Seward in November, 1866, as evidence of your American citizenship. I am, sir, your obedient servant, Mr. M. P. BOYTON, Kilmainham Prison, Dublin. J. R. LOWELL. No. 7. Application of Michael P. Boyton for a passport. UNITED STATES OF AMERICA, District of Columbia, City and County of Washington, 88: I, Michael P. Boyton, do swear that I was born in the State of New York, on or about the 5th day of September, 1844; that I am a native and a loyal citizen of the United States, and about to travel abroad. Sworn to before me this 20th day of November, 1866. M. P. BOYTON, I do swear that I am acquainted with the above-named M. P. Boyton, and with the facts above stated by him, and that the same are true to the best of my knowledge and belief. Sworn to before me this 20th day of November, 1866. B. F. MULLEN. A, TUNSTALL WELCH, Notary Public. DESCRIPTION OF M. P. BOYTON: Age, 22 years; stature, 5 feet 8 inches, English; forehead, high; eyes, grey; nose, ordinary; mouth, medium; chin, broad; hair, brown; complexion, fair; face, broad. UNITED STATES OF AMERICA, District of Columbia, City añd County of Washington, 88: I, Michael P. Boyton, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States against all enemies whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution, or law of any State, convention, or legislature to the contrary notwithstanding; and, further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever; and, further, that I will well and faithfully perform all the duties which may be required of me by law: So help me God. M. P. BOYTON. Sworn to and subscribed before me this 20th day of November, 1866, No. 8. A. TUNSTALL WELCH, Notary Public. Mr. Patrick Ford to Mr. Blaine. OFFICE OF THE IRISH WORLD, No. 10 SPRUCE STREET, New York, April 25, 1881. SIR: I forwarded to your Department to-day by mail the following papers in the Boyton case: 1. Naturalization paper of Mr. Boyton's father. 2. Affidavits of Maria Boyton and Maria M. Howard (mother and sister of Mr. Boyton). 3. Affidavit of Catharine E. Boyle, Ann T. Ulan, and Elizabeth McLaughlin. 4. Letters from superior of Saint Francis College, Loretto, Pa. Very respectfully, yours, Hon. JAMES G. BLAINE, Secretary of State. PATRICK FORD, Affidavit of Catharine E. Boyle, Ann T. Ulan, and Elizabeth McLaughlin. UNITED STATES OF AMERICA, State of Pennsylvania, Allegheny County, City of Pittsburg, 88: Before me personally appeared Catharine E. Boyle, Ann T. Ulan, and Elizabeth McLaughlin (formerly Mrs. Elizabeth Sherman), all of Allegheny County, and State aforesaid, who, upon oath administered according law, depose and say they are sisters of each other and children of the late Patrick and Ellen Mulvaney; that their father was a half brother of Mrs. Maria Boyton, who is the wife of the late Terrence Boyton, the said Maria Boyton being at present a resident of Flushing, Long Island. That the said Terrence and Maria Boyton had, to the best of our knowledge and belief, seven children when they emigrated from Ireland, County Kildare, four of said chidren being daughters, and three sons; that the sons' names were Michael P., Paul, and Joseph, the daughters' names being Theresa, Maria Marget, the name of the third being Agnes, to the best of the belief of deponents; the name of the youngest cannot now be recalled. That the late Terrence Boyton lived for about eight years in the county aforesaid, and was a citizen of the United States; that his son Michael P. Boyton emigrated to Ireland some years ago, and they aver, say, and are ready to prove that the Michael P. Boyton now in custody and confined in a jail of the British Government for some supposed offense is the son and child of the late Terrence Boyton above named, and the same Michael P. Boyton as is described above. CATHERINE E. BOYLE. ELIZABETH MCLAUGHLIN. Sworn and subscribed before me this 22d day of April, A. D. 1881. [SEAL.] ARCH. H. ROWAND, JR., J. O. Brown, prothonotary of the court of common pleas, No. 1, in and for the county of Allegheny, in the commonwealth of Pennsylvania, the same being a court of law and record, do by these presents certify that A. H. Rowand, jr., esquire, before whom the foregoing affidavit was taken, and who has thereunto in his own proper handwriting subscribed his name, was at that time and is now clerk of the quarter sessions court in and for the said county, duly commissioned and sworn, and authorized by law to take acknowledgments, administer oaths, &c., to all whose acts as such due faith and credit are and of right ought to be given throughout the United States and elsewhere. In testimony whereof I have hereunto set my hand and affixed the seal of the said court, at Pittsburgh, in said county, this twenty-second day of April, in the year of our Lord one thousand eight hundred and eighty-one, and of the United States of America the one hundredth and fifth. [SEAL.] ALLEGHENY COUNTY, 88: J. O. BROWN, I, Thomas Ewing, president judge of the court of common pleas No. two, in and for said county, certify that J. O. Brown, by whom the above attestation was made, was, at the date thereof, prothonotary of said court, duly qualified; and the said attestation is in due form of law, and made by the proper officer. Witness my hand and seal the 22d day of April, A. D. 1881. [SEAL.] THOS. EWING. ALLEGHENY COUNTY, 88: I, J. O. Brown, prothonotary of the court of common pleas No. two, for said county, certify that Hon. Thomas Ewing, esq., by whom the above certificate was given, and whose name is thereby subscribed in his own proper handwriting, was, at the date thereof, president judge of the said court, duly commissioned and sworn, and acting. In witness whereof I have hereunto set my hand and affixed the seal of said court the 22d day of April, 1881. [SEAL.] J. O. BROWN. Certificate of the Franciscan Brothers. SAINT FRANCIS COLLEGE, To all it may concern: IN CHARGE OF THE FRANCISCAN BROTHERS, This is to certify that Michael P. Boyton, son of Terrence and Maria Boyton, was at this college in the capacity of a student in the year 1863, in company with his two brothers, Captain P. Boyton and Joseph. We take great pleasure in saying that during his term here Michael was a very exemplary youth, gave evidence of a high standard of virtue and moral conduct; he was indeed model student, and, from his ennobling qualities of head and heart, endeared himself to all who knew him. FRANCISCAN BROTHERS, Per Bro. CLEMENT. Certificate of Mr. Cooke. SAINT FRANCIS COLLEGE, IN CHARGE OF FRANCISCAN BROTHERS, Loretto, Pa., April 30, 1881. DEAR MR. FORD: From the heart's depths we thank you and Secretary Blaine for zeal in behalf of as kind-hearted a student as ever entered here. He was and is candid, sincere, trustworthy, and generous, to say nothing how he loved Alma Mater and poor, old, downtrodden Ireland. We hope your highly esteemed self and the learned Secretary will be successful and give comfort to the very virtuous mother of the Boyton family. CLEMENT J. COOKE. Declaration of intention of Terence Boyton. COMMONWEALTH OF PENNSYLVANIA, County of Allegheny, 88: I, Thos. A. Rowley, clerk of the court of quarter sessions of Allegheny County, in the commonwealth of Pennsylvania, do hereby certify that on the 22d day of August, A. D. one thousand eight hundred and sixty, before me, the clerk of the said court, Terence Boyton, a native of Ireland came, and declared his intention, bona fide, of becoming a citizen of the United States, and also his intention to renounce and abjure forever all allegiance to any foreign prince, potentate, state, or sovereignty whatever, and particularly to renounce and abjure forever all allegiance and fidelity to the Queen of England, whereof he was heretofore a subject. In witness whereof I have hereunto set my hand and affixed the seal of the said court, at the city of Pittsburgh, this 22d day of August, A. D. 1860, and of the Independence of the United States the eighty-fifth. [SEAL.] Duplicate copy of original, indorsed by me this 19th day of April, A. D, 1881. THOS. A. ROWLEY, Clerk. A. H. ROWAND, JR., Clerk. Affidavit of Mrs. Maria Boyton. County of Queens, 88: STATE OF NEW YORK, Maria Boyton, being duly sworn, says that she is the widow of Terrence Boyton, of Newport, R. I., and formerly of Allegheny, Pa., and mother of Michael P. Boyton, who was born in the year 1846 or 1847. On or about the year 1860 my husband, Terrence Boyton, was duly naturalized a citizen of the United States; that deponent saw said naturalization papers and heard the same read; that during the war and in or about the year 1862 my said husband, Terrence Boyton, was drafted. My son, Michal P. Boyton, was educated at the Christian Brothers' School at Pittsburg, Pa., St. Vincent's Benedictine Monastery, Westmoreland County, Pennsylvania, and St. Francis College, Loretto, Cambria County, Pennsylvania. About six or seven years ago my said son, Michael P. Boyton, went to Ireland, and I now learn that he has been arrested and thrown into a British dungeon without trial. I, John H. Sutphin, clerk of the county of Queens and of the courts of record of said county, do hereby certify that Luke J. Connorton, before whom the annexed deposition was taken, was at the time of taking such deposition a notary public in and for said county, dwelling in said county, commissioned, sworn, and duly authorized to take the same; and, further, that I am well acquainted with the handwriting of such notary, and verily believe that the signature to said deposition is genuine. In testimony whereof I have hereunto set my hand and affixed the seal of said courts and county the 19th day of April, 1881. STATE OF NEW YORK, County (of) Queens, 88: Affidavit of Maria M. Howard. J. T. SUTPHIN, Clerk. Maria M. Howard, being duly sworn, says that she is the daughter of Maria Boyton and the late Terrence Boyton, and a sister of Michael P. Boyton; that I have read the affidavit of my mother, and find that the same is correct so far as I am acquainted with the facts; that I recollect the fact of my father being drafted, as stated in said affidavit, having beard my mother speak of it. And further this deponent says not. Sworn to before me this 16th day of April, 1881. [SEAL.] STATE OF NEW YORK, County of Queens, 88: MARIA M. HOWARD. LUKE J. CONNORTON, Notary Public, Queens County, I, John H. Sutphin, clerk of the county of Queens and of the courts of record of said county, do hereby certify that Luke J. Connorton, before whom the annexed deposition was taken, was at the time of taking such deposition a notary public in and for said county, dwelling in said county, commissioned, sworn, and duly authorized to take the same; and, further, that I am well acquainted with the handwriting of such notary, and verily believe that the signature to said deposition is genuine. In testimony whereof I have hereunto set my hand and affixed the seal of said courts and county the 19th day of April, 1881. [SEAL.] J. H. SUTPHIN, Clerk. ADDRESSES, RESOLUTIONS, &c., OF VARIOUS ORGANIZATIONS IN THE UNITED STATES. No. 1. Letter of Mr. Patrick Ford to Mr. Blaine. NEW YORK, March 25, 1881. DEAR SIR: Mr. M. P. Boyton, a citizen of the United States, uncondemned and unconvicted of any crime, lies in an English dungeon. |