"peelers," and taken from his bed at 3 o'clock a. m., and with another man named Cotter, was hurried off to Clonmel jail. Hart came to this country before he was sixteen years of age. When arrived at the age of twenty-one he took out his naturalization papers and discharged all the duties of a citizen afterward. His name appears on the check-list of Lawrence, showing that he was entitled to vote, and it is known that he exercised his privileges as a citizen. The following letters explain themselves: “BALLINTUBBER, January 3, 1882. "MY DEAR I have sad news to tell you. Michael was arrested this morning about 3 o'clock, under the coercion act, and sent to Clonmel jail. You cannot know what trouble we are in. God only knows how we are spending Christmas. No one knows the state of Ballintubber at present. Every one was rushing to our house when it became known that Michael was gone; but he has gone for no shameful crime. He told mother, when going, not to drop a tear for him; that he would come out without a stain. He had a comrade going with him, Edmund Cotter, from Carragane. You may be sure they had a good guard of police; a sub-inspector and two head constables came into the house with a warrant for him; the rest of the police remained outside on the road with two cars. They gave him time to dress. When he went out we were more than surprised to see Ned Cotter outside, and the first word he said was, I suppose did not get his rent.' Bridget replied,' He may not be alive when you come out.' I suppose was the cause of Cotter's arrest, too. Michael began to laugh when he saw Cotter; I suppose there will be more arrests. The people here say they will not pay one half-penny of rent while Michael is in jail; so it is the worst day's work ever done. Michael told us to let you know that he is an American citizen, and to see about this. "I remain, The following letter is from the prisoner: "CLONMEL JAIL, January 6, 1882. "DEAR FRIEND: With pleasure I write you all, hoping you are well; I am well, but not as well as you would wish me. I suppose it likely you have heard of the New Year's gift I received from the government here-a warrant to go to jail. I thought you would be anxious to hear from me from inside this new residence. I am in the largest boarding-house now I ever was in, and I don't know how long I will remain here, either. The reason I am here, I know not; but the warrant from was for inciting people not to pay their rents. We paid our rent, at least it was paid for us; and you that are in Lawrence know as much about the cause of my arrest as I do myself. The laws here are changed more than those of any other country. * * said it "The American people boast very much about their republic and great men, but when that government allows her citizens to be thrown into British prisons without getting any kind of a trial, I think your great men and fine republic can't say a great deal for themselves. We go to church here on Sundays and holidays inside this heroic spot. "Yours, ever, [Appendix 3 to Mr. McCorry's letter.] Mr. Shepard to Mr McCorry. "MICHAEL HART." CITY CLERK'S OFFICE, Lawrence, Mass., January 26, 1882. MY DEAR SIR: In reply to your note of inquiry of even date, would say that Mr. Michael Hart was a qualified voter in this commonwealth in 1878, and he was borne upon the registry of votes in this city for 1878, and is entered as residing at 167 Essex street, this city. Very truly yours, JAS. E. SHEPARD, No. 305.] No. 20. Mr. Lowell to Mr. Frelinghuysen. LEGATION OF THE UNITED STATES, London, February 4, 1882. (Received February 16.) SIR Referring to my dispatch No. 300 of the 30th ultimo, I have the honor to inclose the copy of a letter which I received this morning, in which Lord Granville states that the lord-lieutenant of Ireland has expressed regret that he cannot, consistently with his duty, order the release of Mr. Denis Hayes O'Connor at present. I have, &c., J. R. LOWELL. [Inclosure in No. 305.] Lord Granville to Mr. Lowell. FOREIGN OFFICE, February 2, 1882. SIR: With reference to my letter of the 30th of December last, I have been informed by Her Majesty's secretary of state for the home department, that he did not fail to refer to the lord lieutenant of Ireland your communication on the subject of Denis Hayes O'Connor, now in custody under the protection of person and property (Ireland) act, 1880, but that his excellency has expressed his regret that he cannot, consistently with his duty, order the prisoner's release at present. I have, &c., No. 21. Mr. Davis to Mr. Lowell. GRANVILLE. No. 316.] DEPARTMENT OF STATE, Washington, February 10, 1882. SIR: I inclose herewith for your information copies of correspondence relating to the arrest and imprisonment, by the British authorities, of Mr. Daniel McSweeny, a naturalized American citizen residing in Ireland. I will thank you to inquire into the circumstances of this case through the proper channels, and to report the result of your investigations to this Department, meanwhile taking any action in reference to the matter which you may deem proper. I am, &c., J. C. BANCROFT DAVIS. [Inclosure 1 in No. 316.] Mr. Cuddy to The President. WEST OAKLAND, January 24, 1882. DEAR SIR: I take the liberty of calling your attention to the inclosed letter, which was published in the San Francisco Examiner yesterday, and beg a careful consideration of its contents. Some people may think it impertinent and officious, but I believe that what concerns one citizen concerns all citizens, no matter how exalted or humble the particular individual interested may be. When, therefore, a citizen of the United States writes a letter to any member of his family, or even to the public press, seeking and invoking the protection of his government, it is not only the right of any citizen to interest himself in his behalf, but also it is his duty. No second appeal was made to President Pierce in the case of citizen Kotza who was arrested and imprisoned by the Austrian authorities. The question then propounded, "Do you or do you not respect the treaty, wherein you relinquish all claim and control over subjects who have become American citizens?" should now be propounded anew to Great Britain, not only in the instance to which your excellency's attention is herewith called, but likewise to any other citizens who are now illegally deprived of that liberty which is guaranteed to all citizens of the United States in Great Britain. "Suspicion" or "probability" has no standing in international law or treaties. The offense must be actual and must have been committed after the law was enacted under which they have been arrested. As I understand the laws of our country, there is no distinction or difference between a native or a foreign-born citizen, with the exception of the non-eligibility of the foreign-born to the office of President or Vice-President; in all other respects they are equal. Therefore in this case Mr. McSweeny is entitled to the same protection as if he was General Grant. What could or can be done for General Grant under like circumstances can likewise be done for Mr. McSweeney. One is a native citizen, the other a foreign-born citizen. Therefore, I earnestly pray you to exert all the powers of the government towards a speedy release of Mr. McSweeney and all other American citizens now illegally languishing in British dungeons. With great respect, &c., JOHN CUDDY. [Inclosure 2 in No. 316.] Mr. Berry to Mr. Frelinghuysen. HOUSE OF REPRESENTATIVES, Washington, D. C., February 6, 1882. (Received February 8.) DEAR SIR: Inclosed is a letter of Daniel McSweeny, formerly a resident of California, but now in Dundalk jail, Ireland. The letter is addressed to his daughter now living in San Francisco. His seems a hard case, and even were he justly imprisoned, he certainly is entitled to humane treatment. I call your special attention to the letter. The appeals of his personal friends in California to me must be my excuse for thus addressing you. Yours, respectfully, C. P. BERRY. [Inclosure 3 in No. 316.-Extract from the San Francisco Examiner.] BRITISH TYRANNY-AN OLD CALIFORNIAN IMPRISONED IN IRELAND-A GRAPHIC LETTER FROM D. M'SWEENY-A "SUSPECT"-BLAINE AND LOWELL'S INDIFFERENCE. The following letter will be found peculiarly interesting at the present juucture by the readers of the Examiner, especially those of Irish birth or extraction. The writer, Daniel McSweeny, was for many years a well-known and esteemed resident of this city, doing business at the corner of Ninth and Howard streets, where he was engaged in the cattle trade. Some six years since, with his family, he returned to Ireland, where he purchased some property. When the Land League was formed, as might be expected, McSweeny warmly espoused the cause, and was a hearty worker on its behalf. This appears to have drawn on his devoted head the vengeance of the British Government. About six months ago he was arrested and confined in Dundalk jail, where he now is, and from which his letter is indited. Mr. McSweeny has a large family, six of his children being with their mother in Ireland, and two are now residents of San Francisco. Mrs. McSweeny is quite ailing, and the distress of mind caused by her husband's unjust imprisonment is rapidly undermining her health. The many friends of Mr. McSweeny will, under these circumstances, read his letter with mingled feelings of grief and indignation. It will be seen that it is addressed to his daughter, Miss Mamie McSweeny, who is at present residing in this city: "DUNDALK JAIL, December 12, 1881. "MY DEAR MAMIE: You must excuse me for not answering your last two letters sooner. Since the winter set in I was unable, owing to the severe cold in this dungeon, to sit still long enough to write even a few lines. I have to keep moving about continually in my narrow space to keep from freezing. You must know how dreadful it is to be locked up eighteen hours a day in this cold, damp climate, without any fire, and, worse still, we are compelled to stand or walk about daily for five hours in the open air, in a damp, muddy yard, ankle-deep in water, and then return to our cold cells, trembling with cold. It requires a strong constitution to stand it long. "I fear many of our brave fellows will succumb before the winter is over. As I was only sentenced for sixteen months, I thought at first I might live it out; but you know I was in delicate health when I was arrested, being barely able to move about after a severe attack of illness. All efforts on the part of your mother and all our friends failed to discover the cause of my arrest. I appealed to Mr. Lowell, United States minister at London, for protection, but he answered that it is absurd for a naturalized citizen of the United States to claim protection. He says that even an American citizen could only have recourse to an appeal to the courtesy of the British Government to be released. He added, in a later communication, that the British Government re-, fused to give him any information about the charge against me, and that they snubbed him. "Your mother wrote to Mr. Blaine about my case, but that gentleman did not deign even a reply. I heard nothing whatever from him. "About a couple of weeks ago I saw in the English papers a report of his speech in Philadelphia, wherein he states that he is more loyal to Queen Victoria than any British subject. So it would appear that we appealed to the wrong man. I am now in jail going on seven months, charged with no crime, and not even a shadow of suspicion that I violated any law; and when our American minister asks a civil question about me he is snubbed, insulted, and his flag trampled on; but he does not appear to make much fuss about it, and the American Government takes no notice of the question any more than the King of the Sandwich Islands would. Truly, it is rather an awkward position for me. I swore allegiance to the United States, renounced my allegiance to all kings, princes, or foreign potentates forever; but most particularly to Queen Victoria, of whom it was alleged I was a subject, but which I deny; but I went through the form lest she might claim me. I have in my possession a very nice document with the proud American eagle perched on it, purporting to be a certificate of American citizenship. "The American Government will not recognize me. I have no claim on France, or on Russia. I have no country or government to raise its voice, while England, slowly but surely, is putting me to death; but death itself would be preferable to this torture. "So you see now what the once proud title of American amounts to. But it is a question that should be settled. Millions in the United States should be interested in my fate, lest it might be their misfortune some day to visit their native home and find themselves cast into a dungeon and put to death without trial by judge or jury. It matters little how the question is settled so far as my case is concerned. It will not take many more days in this dungeon to settle it. Your mother, of course, will try and make her way to California again with the children. Our property will be confiscated. “The landlord magistrates in our district have raised the poor rate to 18 per cent. on the assessed valuation of our property, while on their own it was only 24 per cent. but they have the resources of civilization at their backs. "There are now fifty suspects in this jail, some of whom are among the most reputable men in their respective districts. The charge against the most of them is, 'preventing people from doing what they had a legal right to do, namely, to pay no rents.' It looks so funny to see on their cell doors, in large letters, No rent.' We have one man from Dublin whose father died a few days ago; he applied to the authorities to see his father buried, but they answered that they could not see the way to grant his request.' And this young man does not know what he was arrested for. "Give my kindest regards to all my old California friends. "Your fond father, No. 22. Mr. Davis to Mr. Lowell. "D. MCSWEENY." No. 317.] DEPARTMENT OF STATE, Washington, February 10, 1882. SIR: I inclose herewith for your information a copy of a resolution of the House of Representatives requesting the President to furnish the information therein specified concerning the arrest and imprisonment of American citizens by the British Government. In order that this Department may be enabled to supply the infor mation desired by the House of Representatives, I will thank you to submit to me a full and accurate report on the subject with as little delay as practicable. I am, &c., J. C. BANCROFT DAVIS, [Inclosure in No. 317.] House resolution of January 31, 1882. FORTY-SEVENTH CONGRESS, FIRST SESSION. CONGRESS OF THE UNITED STATES, Resolved, That the President be requested to obtain a list of all American citizens, naturalized or native-born, under arrest or imprisonment by authority of the British Government, with a statement of the cause or causes of such arrest and imprisonment and especially such of said citizens as may have been arrested and imprisoned under the suspension of the habeas corpus in Ireland, and, if not incompatible with the public interest, that he communicate such information, when received, to this House, together with all correspondence now on file in the Department of State relating to any existing arrest and imprisonment of citizens as aforesaid. Attest: No. 322.] Mr. Lowell to Mr. Frelinghuysen. [Extract.] LEGATION OF THE UNITED STATES, London, February 24, 1882.-(Received March 13.) SIR: I have the honor to acknowledge the receipt of two instructions, Nos. 316 and 317 of the 10th instant, in relation to the arrest and imprisonment of American citizens by the British Government; the first in regard to the case of Mr. McSweeney, and the second, requesting me to submit a full and accurate report upon the general subject, in obedience to a resolution of the House of Representatives. I beg to say in reply that I have ordered copies to be made of such parts of my correspondence respecting these matters as have not already been transmitted to the Department of State, and that I shall forward such copies to you so soon as they shall be finished, with such other information as I may have obtained. * I have, &c., J. R. LOWELL. |