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the 44th year of the reign of Her Majesty Queen Victoria, entitled "An act for the better protection of person and property in Ireland," and of every power and authority in this bebalf, we specified and declared that the hereinafter-mentioned part of Ireland (that is to say), the county of Kerry, should, from and after the fifth day of March, 1881, be and continued a prescribed district within the meaning and provision of the said act;
And whereas our said order is still in force ; Now we, the Lord Lieutenant-General and General Governor of Ireland, by virtue of the said act and of every power and authority in this behalf, do, by this oor warrant declare Michael P. Boyton, of Kildare, in the county of Kildare aforesaid, to be reasonably suspected of having, since the 30th day of September, 1880, been guilty as principal of a crime punishable by law-that is to'say, inciting divers persons to murder certain other persons, committed in the aforesaid prescribed district, and being the inciting to an act of violence and tendency to interfere with the maintenance of law and order.
And this is to command you to whom this warrant is addressed to arrest the said Michael P. Boyton in any part of Ireland and lodge him in Her Majesty's prison at Kilmainbam, in the county of Dublin, there to be detained during the continuance of the said act, unless sooner discbarged or tried by our direction. Given at Dublin Castle the 7th day of March, 1881.
To the subinspector of the royal Irish constabulary at Kildare, in the county of Kildare aforesaid, and his assistants, and to Captain St. George Gray, governor of Kilmainham prison aforesaid.
Mr. Lowell to Mr. Blaine.
LEGATION OF THE UNITED STATES,
London, March 25, 1881.. SIR: I have the honor to inclose the copy of a letter which I received this morning 'from Mr. Boyton, and of my answer thereto. I have the honor to be, with great respect, your obedient servant,
J. R. LOWELL.
(Inclosure 1 in No. 147.)
Mr. Boyton to Mr. Lowell.
KILMAINHAM PRISON, Dublin, March 22, 1881. SIR: I bave the honor to acknowledge the receipt of your letter of the 17th instant. By the courtesy of the governor of this prison, I was permitted to have an interview with Mr. Barrows, tbe Ünited States consul in this city. I gave him a plain statement of facts in connection with my case. The discrepancies to which your letter refers will prove upon investigation to be more apparent then real. In the first place, the record in the State Department, that I was born in the State of New York, and was 22 years of age at the time the passport was issued, is entirely erroneous. I am prepared to make oath that I never made any such statements when obtaining my passport. As well as I can remember, after the lapse of fourteen years, my exact age at the time (viz, November, 1866), twenty years two months, was accurately stated to the official from whom I had the passport. When asked where I was from, I answered New York, New York being then my place of residence. I never stated that I was born in New York. There is a most distinct recollection on my mind that the fact of my having been born in Ireland, and of my purpose in taking ont the passport to visit the place of my nativity, was stated to and freely discussed not only in the presence of the gentleman who furnished me the passport, but of the gentlemen who were with me, and vouched for muy citizenship, Generals Halpine and Mullins. I was aware, after some time, of the mistake on the face of the passport in regard to my age, but I never gave it attention, as I did not consider it an error of importance. That passport bad been laid aside for twelve years, and it was only recently I caused it to be sent to me, intending to have it renewed, and to hold it as proof of my undoubted citizenship. It seems to me a very great hardship that any error made by the State Department should now in validate it, supposing such to be the case. As to the matter of my father's naturalization—in the sense in which you have
H. Ex. 155–2
been good enough to explain it to me, and which is undonbtedly the correct onethere is a discrepancy in my statement. When I wrote that my father "was Daturalized a citizen of the United States twenty-one years ago," the statement was careless and inaccurate. I meant to convey the fact that he had declared his intention at that perioil. I would respectfully remind you that at the time I placed my letter to you in Mr. Barrows's bands, containing that statement, I was also giving him the facts as to the dates of my birth, of my father's emigration, and other details. My father took that initial step very soon after his arrival in Pittsburg-afterwards completed his term, and obtained his full naturalization, for he exercised his right of voting up to the time of his death, eleven years ago. For me, now, to prove his naturalization--i. e., I suppose, to produce his papers, if they are in existence-or to prove their existence, might be, at this distance of time and circumstanced as I am, a very difficult task. I take it that the real point at issue is the bona fide of my American citizenship, and that you wish to be thoroughly satisfied on that point. I believe that I am entitled to give you the best and nearest proof that lies to my hand, and I will endeavor to do so. You state that I must prove one of two things. I prefer to prove the first, viz, my own naturalization; not that I have taken out naturalization papers, but that the law of the United States had created me a citizen. Laying aside the passport and the fact of my father's naturalization wbile I was a minor, I will base my claim to citizenship on the fact that I have served in the United States Navy during the war for the Union, and that such service made me an American citizen.
I joined the United States Navy at Brooklyn, New York, in April, 1864. I served on the United States steamer Hydrangea. I was on board the frigate Brandywine at the time of her destruction. I was rated petty officer (i. e., ship's yeoman of the Hydrangea). Her log books will be found in the Navy Department in my handwriting. I was discharged at the close of the war from the United States sloop-of-war Saint Louis, at Philadelphia pavy-yard, about May or June, 1865. I am now writing to the Secretary of the Navy, at Washington, to furnish you with proofs of this service, which, taken in connection with the bill passed by Congress, naturalizing soldiers and sailors of the war, makes my right of citizenship unquestionable. I am also writing to such friends in America as niay enable me to substantiate my claim. My citizen. ship has never been disputed, and I always exercised its rights when in America. I voted in the Fifth ward of New York City at the Presidential election of 1871.
While I fully appreciate the attentive considerations and careful examination you are giving the subject, I venture to trust, sir, that you will also take into consideration the fact that I am incarcerated here by the British Government, cut off from intercourse with those who might enable me to prove my rights and assert them, and obliged to subject this communication to the inspection of the authorities, in the same way that your letter was inspected before it reached my hands.
It is my most earnest wish in this matter to come as little before the public as possible. Considering these matters I trust you will not enforce upon me any exceptional or difficult task in proving that I am lawfully entitled to whatever aid and protection against outrage and injustice that it may be your duty, as I hope it will be your pleas. ure, to afford me. I have the honor to be, sir, your obedient servant,
MICHAEL P. BOYTON. His Excellency J. R. LOWELL,
United States Minister, London,
(Inclosure 2 in No. 147.].
Mr. Lowell to Mr. Boyton.
LEGATION OF THE UNITED STATES,
London, March 25, 1881. Sir: I received this morning your letter of the 22d instant, in which you now base your claim to be considered a citizen of the United States upon the fact that you served in the Navy during the war for the Union, and that such service made you an American citizen. You refer to a bill passed by Congress naturalizing the soldiers and sailors of that war.
I fail to find any such statute. The law to which I presume you refer is that passed July 17, 1862 (section 2066 of the Revised Statutes), but this does not bear the construction you give to it.
The text of tbis section is as follows:
" Any alien of the age of twenty-one years and upwards who bas enlisted or may en ist, in i be Armies of the United States, either in the Regular or the Volunteer forces,
and has been or may be hereafter honorably discharged, shall be admitted to become
a citizen of the United States, upon bis petition, without any previous declaration of • bis 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 observer 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 hy 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 sorvant,
J. R. LOWELL. Mr. MICHAEL P. BOYTON,
Kilmainham Prison, Dublin, Ireland.
Mr. Louell to Mr. Blaine.
LEGATION OF THE UNITED STATES,
London, April7, 1881. 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 şervant,
J. R. LOWELL. Hon. JAMES G. BLAINE,
Secretary of State, 8c., 8-c., fc., Washington, D. C.
(Inclosure 1 in No. 154.)
Mr. Boyton to Mr. Lowell.
Dublin, March 31, 1881. 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 previons 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 accomplisoments on sea and shore, both in the Navy and naval brigades, were equal to any service rendered by the arınies, regular or volunteer. Without abandoning any grounds upon which I bave claimed, or now claim, the protection to which I am lawfnlly 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 citizenYour obedient servant,
M. P. BOYTON. His Excelleucy J. R. LOWELL,
1. S. Minister, Legation of the United States, London.
(Inclosure 2 in No. 154.)
Mr. Lowelljto Mr. Boyton.
LEGATION OF THE UNITED STATES,
London, April 2, 1881. 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,
J. R. LOWELL. Mr. M. P. BOYTON,
Kilmainham Prison, Dublin.
Application of Michael P. Boyton for a passport.
UNITED STATES OF AMERICA,
District of Columbia, City and County of Washington, 88 : 1 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.
M. P. BOYTON. Sworn to before me this 20th day of November, 1866.
A. TUNSTALL WELCH,
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 best of my knowledge and belief.
B. F. MULLEN. Sworn to before me this 20th day of November, 1866.
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 and 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 domes. tic or foreigo, aud 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 evasiop 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,
A. TUNSTALL WELCH,
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. Namiralization 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.
Per L. Hon. JAMES G. BLAINE,
Secretary of State.
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 cbildren of the late Patrick and Ellen Mulvaney ; that their
father was a half brother of Mrs. Maria Boyton, wbo 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 beiog 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 sou 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.,
Clerk of Courts.
J.O. Brown, prothonotary of the conrt 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 X. 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 elsewbere.
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]
J. O. BROWN,
ALLEGHENY COUNTY, 88 : 1, 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 band and seal the 22d day of April, A. D. 1881. [SEAL.]