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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 tirst I migbt live it out; but you know I was in delicate bealth 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 paturalized 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 bibi any information about the charge against me, and that they snubbed him.
"Your mother wrote to Mr. Blaine abont 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 Philadelpbia, 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 yoing on seven months, cbarged 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 nie 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 night 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 wbat 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 bow 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 27 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 reut. 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,
“ D. MCSWEENY."
Mr. Davis to Mr. Lowell.
DEPARTMENT OF STATE,
Washington, February 10, 1862. 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 information 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 de. lay 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,
January 31, 1882. 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 bave been arrested and imprisoned under the suspension of the babeas 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:
Mr. Lowell to Mr. Frelinghuysen.
(Extract.] No. 322.
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.
Mr. Lowell to Mr. Frelinghuysen.
LEGATION OF THE UNITED STATES,
London, March 14, 1882.-(Received March 27.) SIR: Referring to Mr. Davis's Nos. 316 and 317 of the 10th of February last, and my No. 322 of the 24th of that inonth, I have the honor to acquaint you that as I stated in that dispatch the information required by the resolution of the House of Representatives is so comprehensive that it will be impossible to furnish it with any degree of completeness. until after considerable delay.
I presume that what is chiefly desired by the House is information as to the arrest and imprisonment of American citizens in Ireland under what is commonly called the “coercion act.” And I propose in this dispatch to transmit so much of this information as has come to my knowledge with a copy of the correspondence on the subject.
The act entitled “An act for the better protection of person and property in Ireland,” became a law on the 2d day of March, 1881. Its most important provision is contained in the first paragraph of the first section, which enacts that:
Any person who is declared by warrant of the lord lieutenant to be reasonably suspected of having at any time since the 30th day of September, 1880, been guilty, as principal or accessory, of high treason, treasop-felony, or treasonable practices wherever committed, or of any crime punishable by law committed at any time since the 30th day of September, 1880, in a prescribed district, being an act of violence or intimidation; or the inciting to an act of violence or intimidation, and tending to interfere with or disturb the maintenance of law and order, may be arrested in any part of Ireland and legally detained during the continuance of this act in such prison in Ireland as may, from time to time, be directed by the lord lieutenant, without bail or main-prize; and shall not be discharged or tried by any court without the direction of the lord' lieutenant, and every such warrant shall, for the purposes of this act, be conclusive evidence of all matters therein contained, and of the jurisdiction to issue and execute such warrant, and of the legality of the arrest and detention of the person mentioned in such warrant.
The remaining paragraphs and sections relate to the form of the warrant, the treatment of arrested persons, and other particulars for carrying out the provisions of the act and limiting its operation to the 30th day of September, 1882.
It is unnecessary to show that this law is arbitrary and severe and contrary to the spirit and fundamental principles of the British constitation. This is admitted by all and by none more readily than by the government which framed it and the large majority in Parliament which enacted it. But they assert that the condition of Ireland was such that nothing short of an extreme measure like this could meet the difficulty.
I proceed now to give an account of all the cases of arrests in Ireland, in respect to which my intervention has been requested.
As early as the 12th of February, 1881, before the “coercion act” became a law, Mr. M. B. Fogarty, of Knockelly, addressed to me a letter stating he had been imprisoned for two months and fined because, as he averred, he chanced to be in the house of his cousin the previoi's May, when the sheriff came to evict her. He had then been released. I wrote him on the 15th of February, 1881, requesting him
to send me his naturalization papers and the report of his trial. On the 22d he sent me his naturalization papers and certain extracts from newspapers, but no report of his trial at the assizes.
It appeared from the magisterial investigation that Fogarty with others was in the house “at Kiburry, resisting the retaking of possession by the sheriff.”
I wrote him on the 24th that his being an American citizen did not protect him from the consequences of breaking the laws of the country in which he was residing and that the right to a “ mixed jury” which he had suggested, if any such institution existed in Ireland, did not apply to his case. I stated also I should not intervene except under the directions of the Department of State. I inclose a copy of this letter.
On the 6th of March, 1881, I received a further letter from Mr. Fo. garty inquiring what would be my action in case of his arrest under the i coercion act. I replied to him on the 8th of March that whenever this contingency should arise I should give the matter my best attention, but that it would be impossible for me to state my opinion upon a hypothetical case. I also forward a copy of this letter. This is the last communication I have had from this gentleman.
The next case was that of Mr. Michael Boyton, about which I have given full information to the Department of State in my Nos. 140, of the 12th of March ; 144, of the 21st of March ; 147, of the 25th of March ; and 154, of the 7th of April, 1881, forwarding a copy of all the correspondence.
My action in this case was fully approved by the Department in its Nos. 138, of the 31st of March, and 166, of the 26th of May, 1881.
The case that followed was that of Mr. Joseph B. Walsh, which was first presented to me by Mr. Barrows, the consul at Dublin, on the 21st of April, 1881, and afterwards by the Department of State. My proceedings and correspondence in this matter were fully reported in my dispatches Nos. 193, of the 4th of June, 205, of 18th of June, and 218, of 15th of July, 1881.
Mr. Hoppin's dispatch, No. 220, of the 14th November, 1881, announced the release of Mr. Walsh, and forwarded a copy of his discharge.
On the 26th of May, 1881, the Department of State, by a telegram, called my attention to the case of Joseph D’Alton, or Dalton, and afterwards by Mr. Blaine's dispatch, No. 108, of the 27th of May, 1881. I communicated my action in this matter in my dispatches Nos. 193, of the 4th of June, 205, of the 18th of June, and 218, of the 15th of July, 1881.
On the 8th of June, 1881, Mr. William Sims, the vice-consul at Belfast, wrote to me in relation to Daniel McSweeney, or Sweeney, who was confined in Dundalk prison, inclosing a letter from Mr. John Cornick, another from Mr. Sweeney, and the latter's naturalization certificate. I received these documents on the 10th of June, and on the same day I wrote to Mr. Sims, requesting him to examine closely into the grounds” of Sweeney's arrest, and if it sbould appear to him that he was innocent of the charge, to make a representation to the authorities and request his release or immediate trial. On the same day I wrote to Lord Granville, requesting to be informed of the particulars of the charge against Mr. Sweeney, and stating the latter's assertion of his entire innocence.
On the 17th of June Lord Granville informed me that this case had been referred to the proper department of Her Majesty's Government.
On the 21st of June Mr. Sims sent to me a letter from Mr. Burke, the under secretary at Dublin castle, stating the grounds of Mr. Sweeney's arrest. I acknowledged the receipt of this on the 24th of June.
On the 28th of June Lord Granville informed me that Her Majesty's Government, in Mr. Sweeney's case as well as in that of Mr. Walsh, above mentioned, could not recognize any distinction between the liability of foreign citizens and British subjects in respect of unlawful acts committed within the limits of British jurisdiction. I sent copy of this letter in my dispatch No. 218 of the 15th of July, with the correspondence relating to Walsh's case.
On the 14th of July Mr. Sweeney wrote me a further communication from Dundalk jail, which Mr. Simms forwarded to me in his letter of the 10th, and which I received on the 18th of that month. Immediately upon the reception of this I addressed a private and unofficial communication to a gentleman connected with Her Majesty's Government, upon whose intelligence and sense of justice I could entirely rely, repeating Mr. Sweeney's assertion, that so far from using language inciting to riot, he had always advised the people whom he addressed to krep within the limits of the law, and I inquired whether if this were true it would not be possible to give a favorable consideration to his case. In answer to this I was confidentially advised that Mr. Sweeney's conduct had clearly brought him within the provisions of the "coercion act," and that it was not in the power of Her Majesty's Government to grant his release.
On the 17th of September, Mr. Sweeny wrote me again, demanding my intervention in his behalf. As I had received no information from the vice-consul, whom I had desired to examine closely into the grounds of his arrest, confirming his own statements of his innocence, and as it seemed to me clear, from the best examination I had been able to give to the matter and even from his own admissions, that his case was not an exceptional one, but that it resembled, in its essential particulars, that of the majority of British subjects arrested under the act, I wrote him on the 22d of September, declining to interfere further in his favor. He wrote me another letter on the 27th of September, to which I replied, and another on the 13th of October last, to which I did not think proper to make any answer. I herewith inclose a copy of this correspondence.
On the i7th day of June, 1881, Consul-General Badeau sent me a communication from Mr. E. P. Brooks, the consul at Cork, dated on the 15th of that month, covering a letter from Mr. Henry O'Mahoney, of Ballydehob; in the county of Cork, of the 12th of June, stating his imprisonment at Limerick jail, under the " coercion act," and requesting intervention to procure his release as a naturalized citizen of the United States, a certificate of such naturalization being forwarded with the papers.
On the 22d of June, Mr. Brooks wrote to the consul-general additional facts in relation to this case; and on the 15th of July, Mr. O'Mahoney addressed me directly, asking my intervention in his favor. On the 19th of July, the day of the receipt of this letter, I sent my answer, stating my views, generally, in respect to the rights of American citi zens arrested under the 6 coercion act."
On the 21st of July, Mr. Brooks and Mr. O'Mahoney both wrote again, repeating the latter's request for my intervention.
On the 3d of August, I wrote to Mr. Brooks, the consul at Cork, referring in particular to the case of Mr. Mcknery, to be afterwards men