which you have the honor to represent, is an impartial trial. I ask it as United States citizen, and only about four months after arriving home. Au early reply, or an interview, will much oblige, Yours, &c., [Inclosure 23 in No. 331.] Mr. Brooks to Mr. Badeau. HENRY O'MAHONEY. UNITED STATES CONSULATE, SIR: In the matter of the application of Henry O'Mahoney, political prisoner, now in Her Majesty's jail at Limerick, in this consular district, for assistance or protection, based upon the claim that he is a citizen of the United States, I have to report the following additional facts: On Tuesday, the 21st instant, with the permission of F. McG. Eagar, esq., governor of the prison, I had a very lengthy interview with O'Mahoney in the governor's office. I had previously intimated in a personal way to Mr. Macarthy, president magistrate at Limerick, the time and purpose of this interview, and had invited him to be present at it as a representative of Her Majesty's government. He was not present, however, until the interview had been nearly concluded. The purport of O'Mahoney's statements was, in brief, as follows: He was discharged from the United States Navy in the fall of 1865, and had lost his discharge papers. Subsequent to his discharge he remained in the United States, living in Kansas, Missouri, and the Mississippi Valley until 1874, when he returned to Ireland. During this period, in 1866, he made application to the county court, Caddo Parish, Shreveport, La., for his naturalization papers, basing his application upon his service in the Navy. The papers were not issued; the reason for which failure to issue he did not state. His return to Ireland in 1874 was occasioned by the "hard times" then prevailing in the United States, and because he had lost money by bank failures as well as failures of contractors for whom he had worked as a subcontractor in the erection of saw-mills. He remained in Ireland two years, and returned again to the United States in 1876, but returned to Ireland soon after. He was married in Ireland in 1875, and in October of that year obtained a license under the local laws to keep a “public house;" i. c., as a retailer of liquors, spirits, &c., &c. This house and license his wife has kept and used at Ballydehob ever since, and still keeps and enjoys the same. In 1879 he returned to the United States and went to Lockport, N. Y., and from thence to Buf falo. In February, 1880, he applied for and obtained naturalization papers in Lockport, a copy of the certificate of which was forwarded inclosed in my dispatch to you under date of June 15 instant. In January, 1881, he returned to Ireland, for the purpose, as he most emphatically declared, of disposing of his property in Ballydehob and going with his family back to Lockport, where, he says, he now owns a small property. After his last arrival at Ballydehob he took part in the then prevailing political agitation, and being a ratepayer (tax-payer and voter), was urged by his neighbors to stand as a candidate for poor law guardian. He objected to this, but was finally duly nominated, elected, and qualified, after which he entered upon and discharged the duties of his office up to the time of his arrest and incarceration. He added that he knew the office of poor law guardian was one of important trust, if not of emolument, and that the discharge of its duties involved the assessment and levy of taxes (striking rates), and the practical administration or execution of the laws of this country. To the question, "What demand or claim do you wish to prefer or ask of the United States Government?" he answered, "I demand and claim protection the same as the British Government gave to its subjects in New York during the draft riots in the late war. I am an American citizen, and want to get out of this country. I want a fair trial; I want justice and a speedy trial, and I want the protection of the Amer ican Government to secure these things to me." To the further question, "Suppose the British Government were to permit your release from prison upon condition of your immediate return to the United States, would you accept such terms?" he replied, "I cannot promise that, for it would take a year to close up my affairs here and sell out my property; but I do not want to stay in this country, and am willing and anxious to leave it as soon as I can." O'Mahoney further explained that the foregoing statement of dates or years may not be technically correct, and that he gave it from memory, to the best of his recollection and belief. In conclusion he repeated his request for the immediate interference of the United States authorities in his behalf. To conclude the record in O'Mahoney's case it is necessary to state that he stands committed under the so-called "coercion act" as a suspect, on suspicion of having been implicated in an assault with fire-arms, with intent to kill, upon Mr. George Henry Swanton, justice of the peace, Gortnagrough, Ballydehob. I have to add that before I left the prison I was informed that two or more prisoners were anxious to see me for the purpose of preferring their claims similar to those of O'Mahoney's. In response to this information, I declared my willingness to take cognizance of their cases upon proper application in due form. As I have received no instructions up to date in O'Mahoney's case from the legation or other source, I shall, unless otherwise directed, permit the matter to drop here. I am, sir, your obedient servant, E. P. BROOKS, Consul, &c. [Inclosure 24 in No. 331.) Mr. O'Mahoney to Mr. Lowell. LIMERICK PRISON, July 15, 1881. DEAR SIR: As I am a suspect here for some time, I forwarded my papers of citizenship about the 18th of June to Ed. P. Brooks, United States consul at Queenstown, and dewanded protection, and he said he would attend to it; and in a note from a friend from Queenstown to-day he (Mr. Brooks) requested that I should write to the ministry at St. James's in reference to my application for protection. I arrived in this country about the last of January for the express purpose of collecting a lot of money due to me here, and was fully intended to go to the States this fall in order to get into the apple trade. I certainly say that during my time at home previous to my arrest I was never guilty of any offense punishable by law, and I respectfully ask if I cannot be protected in this country long enough to collect my debts, and by obeying the laws, such as I always have, to allow me as many days as possible in preparing to depart for America and although it is very hard on me to go without collecting my debts, yet I shall receive it as an everlasting favor done me under the circumstances. An early reply will much oblige Yours, respectfully, HENRY O'MAHONEY, P. S.-The crime that I am suspected with I can furnish plenty of evidence that I had no connection with. [Inclosure 25 in No. 331.] Mr. Lowell to Mr. O'Mahoney. H. O'M. LEGATION OF THE UNITED STATES, SIR: I have your letter of the 15th instant. I am waiting instructions from home before taking action in such cases as yours. It is my opinion, however, and in this I shall probably be sustained by the Department of State, that the fact of being an American citizen cannot of itself operate to exempt any one from the penalties of a law which he had violated, and that it will be necessary to show that some exceptional injustice had been practiced in any particular case before the American minister can be called upon to intervene. I am, sir, your obedient servant, J. R. LOWELL. [Inclosure 26 in No. 331.] Mr. Brooks to Mr. Lowell. UNITED STATES CONSULATE, SIR: I have recently had several personal applications from friends of Mr. Henry O'Mahoney (political prisoner now in Her Majesty's jail at Limerick, and claiming to be an American citizen), for information regarding the result of his application through me for your intervention in his behalf. To these inquiries I have replied, promising to communicate with you again. O'Mahoney himself has written to me giving a brief, supplementary statement, in effect that he is desirous of going back to America for the purpose of engaging in the exportation of apples and other fruits to this country. I am, sir, your obedient servant, E. P. BROOKS, Consul, &c. [Inclosure 27 in No. 331.] Mr. O'Mahoney to Mr. Lowell. LIMERICK PRISON, July 21, 1881. DEAR SIR: I quite agree with you when you state that an American citizen should not be exempt from the penalties of a law which he violates and that it would be necessary to show that some injustice had been practiced before your intervention, and I respectfully submit the following facts for your kind consideration. 1st. That I am arrested charged with a crime. 2d. That I am detained in prison without a shadow of evidence against me. 3d. That I am debarred of the right of proving my innocence in connection with the crime that I am suspected of. Therefore all the favors I ask (and I think I should claim it as right) from the United States Government, through you, is a trial, in order that I may show that there is exceptional injustice practiced in my case. Therefore I respectfully ask your intervention to grant me a trial, and by so doing I will not only be able to prove myself innocent of the charge that I am accused of, but of any other crime punishable by law, except being a member of the Land League, an organization which the prime minister himself declared to be perfectly constitutional. An early reply will oblige yours, respectfully, HENRY O'MAHONEY. P. S.-Kindly let me know if you can demand an impartial trial for me; if not I shall ask for no other favors. H. O'M. [Inclosure 28 in No. 331.] Mr. Daly to Mr. Tinsley, consular agent at Limerick. LIMERICK COUNTY JAIL, SIR: I beg to inform you that I, James F. Daly, a citizen of the United States, have been arrested by the lord lieutenant's warrant and detained here at his will on a charge which "I challenge him to prove against me." Will you be so kind as to come and see me as quickly as possible, and forward my naturalization papers to the American minister to demand for me a trial or speedy release. I beg to remain, yours, respectfully, JAMES F. DALY. [Inciosure 29 in No. 331.] Mr. Tinsley to Mr. Barrows. CONSULATE OF THE UNITED STATES, SIR: I received the inclosed letter this morning, and soon after called upon the writer at the county gaol. I had an interview with him, and he requested me to forward his certificate of naturalization as an American citizen to the United States minister at London, and to request respectfully his excellency's interference in his behalf. I send you inclosed his letter and certificate that you may take such action in the matter as you may deem proper. I have, &c., [Inclosure 30 in No. 331.] Mr. Barrowe to Mr. Lowell. JOHN R. TINSLEY. CONSULATE OF THE UNITED STATES, SIR: I have the honor to transmit herewith a letter from United States Consular Agent Tinsley, of Limerick, relating to the case of James F. Daly, recently arrested under the coercion act, and now confined in Limerick gaol. I inclose Daly's naturalization paper and his letter to Mr. Tinsley, and respectfully ask for instructions. I have, &c., [Inclosure 31 in No. 331.[ B. H. BARROWS. Mr. Hoppin to Mr. Barrows. LEGATION OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your letter of the 31st ultimo, addressed to the minister of the United States, covering another from J. R. Tinsley, esq., United States consular agent at Limerick, which inclosed a communication from Mr. James F. Daly, and his certificate of naturalization as a citizen of the United States. It appears that Mr. Daly has been arrested under the so called "coercion act," and is now detained at Limerick jail. He desires that the minister should demand for him a trial or speedy release, and you ask for instructions in this matter. Mr. Lowell went to the continent upon a leave of absence more than three weeks since and will not return until early in December. In a communication which was addressed to you on the 1st of September last, in relation to the case of Mr. Walsh, Mr. Lowell stated the reasons why, in his opinion, he should not intervene on behalf of American citizens arrested under the coercion act, unless under extraordinary and exceptional circumstances. I have good grounds to believe that these reasons are not disapproved of by the Department of State. I fully agree with Mr. Lowell in this view of our diplomatic duties. If no distinction has been made to the disadvantage of the prisoner on the ground of his nationality, and if British subjects are being imprisoned for no more illegal acts than those which he has committed, it seems that, however arbitrary and despotic we may consider the coercion act to be, we are nevertheless obliged to submit in silence to the action taken under it by the authorities, even against our own fellow-citizens. So long ago as the year 1848, when certain citizens of the United States were arrested and confined in Newgate prison, Dublin, under the law suspending the habeas corpus, Mr. Buchanan in his instructions to Mr. Bancroft said, "If this law, arbitrary and despotic as it is, had been carried into execution in the same impartial manner against the citizens and subjects of all foreign nations this government might have submitted in silence." It was the fact that a distinction was made to the disadvantage of American citizens that was the ground of intervention in that case. It is useless for us to apply to Her Majesty's Government for a statement of the dates, places, and other details of the specific acts alleged to have been committed by Mr. Daly, upon which the warrant for his arrest was issued. We have already asked for similar information on other occasions, and have been told that Her Majesty's Government consider that no distinction can be made in these circumstances between foreigners and British subjects, and that in the case of the latter, the only informa tion given is that contained in the warrant. We have, therefore, to look elsewhere for such information. If Mr. Daly can show satisfactorily that the acts for which he has been imprisoned are of less gravity and importance than those for which any British subjects have been arrested; that he has been attending exclusively to his private affairs in Ireland, without taking part in political meetings or party disturbances, and that his incarceration is due to mistake and misapprehension, I shall take great pleasure in bring ing his case to the attention of Her Majesty's Government and asking for his speedy release. I herewith return Mr. Tinsley's and Mr. Daly's letters, and the latter's naturalization certificate. I am, sir, &c., W. J. HOPPIN, Chargé d'Affaires ad interim. [Inclosure 32 in No. 331.] Mr. Barrows to Mr. Lowell. CONSULATE OF THE UNITED STATES, SIR: On the 23d instant, James White applied to me by letter for protection as an American citizen, he having been arrested under the coercion act, and confined in Naas jail. I wrote White on the 25th, asking him to produce proof that he was an American citizen, and this morning received his naturalization paper, which I have now the honor to transmit, together with two letters written me by White. Awaiting your instructions, I have, &c. [Inclosure 33 in No. 331.] B. H. BARROWS, Consul. Mr. Barrows to Mr. Lowell. CONSULATE OF THE UNITED STATES, SIR: I have the honor to forward a letter from Mr. Philip O'Sullivan, dated Naas prison, 30th January, 1882, with certificate of naturalization referred to therein, claiming protection from the United States Government, and respectfully request I may be favored with instructions in the matter. I have, &c., [Inclosure 34 in No. 331.] B. H. BARROWS, Consul. Mr. White to Mr. Barrows. NAAS JAIL, January 23, 1882. SIR: I hereby beg to inform you that I am at present undergoing imprisonment in the above-named jail, under a warrant of the lord lieutenant, issued by virtue of the powers vested in him by the act for the better protection of person and property in İreland, commonly known as the coercion act. I am a fully naturalized citizen of the United States, and now claim the protection |