Gambar halaman
PDF
ePub

(Inciosure 29 in No. 331.)

Mr. Tinsley to Ur. Barrows.

CONSULATE OF THE UNITED STATES,

Dublin, October 29, 1881. 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.,

JOHN R. TINSLEY.

Consular Agent.

(Inclosure 30 in No. 331.)

Mr. Barrowe to Mr. Lowell.

CONSULATE OF THE UNITED STATES,

Dublin, October 31, 1881. Sir: I have the honor to transmit herewith a letter from United States Consular Agent Tinsley, of Limerick, relatiog 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 bave, &c.,

B. H. BARROWS.

(Inclosure 31 in Xo. 331.1

Mr. Hoppin to Mr. Barrows.

LEGATION OF THE UNITED STATES,

London, November 2, 1881. Sir: I have the honor to acknowledge the receipt of yoyr letter of the 31st ultimo, addressed to the minister of the United States, covering another from J. R. Tinsley, esq., United States consnlar agent at Limerick, which inclosed a communication from Mr. James F. Daly, and bis 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 & communication wbich 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 folly 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, wben certain citizens of the United States were ariested and confined in Newgate prisou, Dublin, uuder the law suspending the habeas corpus, Mr. Bucbanan in bis instructions to Mr. Bancroft said, “ If this law, arbitrary and despotic as it is, bad 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 tbe 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 bave 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 information 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 bis private affairs in Ireland, without takipg part in political meetings or party disturbances, and tbat his incarceration is due to mistake and misapprehension, I shall take great pleasure in bringiog 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. 331.1

Mr. Barrows to Mr. Lowell.

CONSULATE OF THE UNITED STATES,

Dublin, January 30, 1882. 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 contined in Naas jail. I wrote White on the 25th, asking him to produce proof that be 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.

B. H. BARROWS, Consul.

(Inclosure 33 in No. 331.)

Mr. Barrows to Mr. Lowell.

CONSULATE OF THE UNITED STATES,

Dublin, January 31, 1882. 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.,

B. H. BARROWS, Consul,

[Inclosure 34 in No. 331.)

Mr. White to Mr. Barrows.

NAAS JAIL, January 23, 1862. 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

of my government. It not pretended by the anthorities that I have violated the laws of this country. No attempt has been made to prove such a violation against me. I am denied the right of a trial, although fully conscious of my innocence. I can bardly believe that the government of the country in which I resided for fifteen years will permit its citizens to be cast into prison by the arbitrary will of an English official in defiance of all constitutional and international rights, and, therefore, claim as my right that yon shall interfere to protect my interest. I am, sir, yours very truly,

JAMES L. WHITE.

(Inclosure 35 in No. 331.)

Ur. Thite to Ur. Barrows.

The Jail, NaAs, January 28, 1882. SIR: As requested by yours of the 25th instant, I herewith forward certificate of naturalization, which I have just received from my friends.

I believe that according to the theory even of British law, I am illegally detained bere. As the warrant under which I was arrested was issued for John White, whereas my name is James White, and notwithstanding I protested at the time I was arrested ander it and since detained. I am, sir, your obedient servant,

JAMES L. WHITE.

(Inclosure 36 in No. 331.)

Mr. O'Sulliran to Mr. Barrows.

THE PRISON, NAAS, January 30, 1882. SIR: I beg to inform you that I am a fully and duly naturalized citizen of the United States; in testimony whereof please find herewith my fiual certificate of naturalization.

I am now and have been for the last twelve weeks confined in the above-named prison, convicted of no crime, guilty of none, not even charged with any offense against English law. I am merely, in the words of the warrant under which I was arrested, ** reasonably suspected of being guilty.”. My warrant was issued " by his excellency's command," and signed “W. E. Foster, chief secretary to the lord lieutenant."

I now, sir, through you, claim with confidence the protection of my government, asking that you would demand that I be either at once sent to trial or immediately released from my imprisonment. I am, sir, with great respect, your obedient and faithful servant,

PHILIP O'SULLIVAN. P. S.-Kindly return my naturalization certificate when you have no further use of it.

P. O'S.

(Inclosure 37 in No. 331.]

Mr. Lowell to Mr. Barrows.

LEGATION OF THE UNITED STATES,

London, February 2, 1882. SIR : I have your letter of the 30th ultimo in relation to the case of Mr. James White, who is confined in Naas jail under the so-called "coercion act," and inclosing bis certificate of naturalization and two letters written by him to you on the 23d and 28th of January last.

I have also your letter of the 31st of January in relation to the case of Mr. Philip O'Sullivan, who is confined in the same prison under the same act, and inclosing his certificate of naturalization and a letter from him to yourself, dated on the 30th ultimo.

Both of these gentlemen claim protection on the ground of being citizens of the United States, and you ask me for instructions in their cases.

In a communication wbich I addressed to you on the 1st of September last, in relation to the case of Mr. Joseph B. Walsh, I stated my opinion to be that the fact of being an American citizen confers upon a person no immunity from arrest and imprisonment under the "coercion act," and that the only occasions on which I could properly intervene in behalf of such persons would be :

First. Where such person being in Ireland in the prosecution of his lawful private business, and taking no part in political meetings or partisan disturbances, has been arrested by obvious mistake; and

Secondly. Where a distinction bas been made to the disadvantage of the prisoner on the ground of his American nationality.

If British subjects are being arrested for po more illegal acts than those which the prisoner is charged with having committed, or of the intention to commit which he is justly suspected, it seems that, however arbitrary and despotic we may consider the "coercion act” to be, we are, nevertheless, bound to submit in silence to the action taken under it by the authorities even against our own fellow-citizens.

It should be observed that this act is a law of the British Parliament, the legitimate source and final arbiter of all law in these realms, and that, as it would be manifestly futile to ask the government here to make an exception on behalf of an American who had brought himself within the provisions of any law thus sanctioued, so it would be manifestly unbecoming in a diplomatic representative, unless by express direction of bis superiors, to enter upon an argument with the government to which he is accredited as to the policy of such a law or the necessarily arbitrary nature of its enforcement.

I must repeat, therefore, in the cases of Messrs. White and O'Sullivan, the substance of wbat I wrote to you in the case of Mr. Walsh, tbat unless these gentlemen can produce to me satisfactory proof that they have been arrested under an evident mistake of the facts, or bave been treated with exceptional severity on account of their being American citizens, I must decline to intervene on their behalf. I herewith return their certificates of naturalization and the accompanying letters. I am, sir, &c.,

J. R. LOWELL.

(Inclosure 38 in No. 331.)

Mr. Dawson to Consul-General Merritt.

UNITED STATES CoxsuLATE,

Queenstown, January 28, 1882. Sir: Mr. I. Hart, of Carrigtwobill, near Queenstown, called on me to-day and stated as follows:

His brother, Michael Hart, is at present under arrest in Clonmel jail under the inclosed warrant. He is a naturalized citizen of the United States, and has sent me his certificate of naturalization for inspection.

I. Hart is anxious to havo his brother released, and asked for my advice. I recommended him to get his brother to write to the chief secretary, Dublin Castle, stating that he is a citizen of the United States, and that if freed from arrest that he will conduct himself properly and peaceably while in this country and will conform to its laws. Hart thought it advisable to notify the nearest consol of his being in jail, in consequence of having seen a paragraph in a newspaper that the President of the United States had beeu requested to ascertain the number of Americans under arrest in Ireland. I am, sir, your obedient servant,

GEO. B. DAWSON,

Vice-Consul.

(Inclosure 39 in No. 331.]
Mr. Lowell to Consul-General Merritt.

LEGATION OF THE UNITED STATES,

London, February 3, 1882. Sir: I have to acknowledge the receipt of your letter of the 1st of February instant, covering two communications from B. H. Barrows, esq., the United States consul at Dublin, addressed to me, and also a letter to yourself from G. B. Dawson, esq., the vice-consul at Queenstown, the latter in relation to the case of Michael Hart, who is imprisoned in Clonmel jail under a warrant which accompanied Mr. Dawson's letter.

I herewith inclose my reply to Mr. Barrows's letters, with the request that you will be kind enough to transmit it to that gentleman.

In regard to Mr. Hart's case, neither be por the vice-consul asks for any intervention by me on bis behalf. They address you in order that the fact of Mr. Hart's being an American under arrest in Ireland may be communicated to the Government of tbe United States. In case I shall be directed to send a list of such persons I shall not fail to include Mr. Hart's name. I consider the advice given to him by Mr. Dawson most just and proper. I herewith return Mr. Dawson's letter with the warrant for Hart's arrest. I am, sir, &c.,

J. R. LOWELL.

[Inclosure 40 in No. 331.1

Mr. Dawson to Consul-General Merritt.

CONSULATE OF THE UNITED STATES,

Queenstown, February 7, 1882. SIR: I duly received your favor of 4th instant, informing me that you had sent my letter with copy of warrant in reference to Mr. Michael Hart to his excellency the Cnited States minister at London.

I beg to inclose a note received from Michael Hart this morning. I also send his , certificate of citizenship. I am, sir, your obedient servant,

GEORGE B. DAWSON,

Deputy and Vice-Consul.

(Inclosure 41 in No. 331.]

Mr. Lowell to Consul-General Merritt.

LEGATION OF THE UNITED STATES,

London, February 10, 1882. SIR: I have to acknowledge the reception of your letter of the 8th instant, in relation to the case of Michael Hart, now imprisoned in Clonmel jail, and its inclosures, viz, a letter from Mr. Dawson, United States vice-consul at Queenstown; one from Mr. Hart to Mr. Dawson, and Mr. Hart's certificate of naturalization.

Mr. Hart has been arrested under the so-called "coercion act," and he appears to think that the fact of bis being an American citizen entitles him to immediate release.

This is not, however, my opinion. The principles upon which I have based my action in all cases of applications like that of Mr. Hart's are those upon which our goverament has acted and in case of need would act again. I think it important that all such persons shonld be made to understand distinctly that they cannot be Irisbmen and Americans at the same time, as they seem to suppose, and that they are subject to the operation of the laws of the country in which they choose to live.

The vice-consul at Queenstown should iuform himself of the facts in Mr. Hart's case, and ascertain whether there be any peculiar hardship in it which would make it an exception, calling for immediate and energetic protest. In that case it would be Decessary for bim to send me a full statement of the case, with whatever confirmatory or illustrative evidence it is possible to obtain. But if his case is like that of the ordiDary "gospects," I see no reason why I should intervene.

I return Mr. Hart's and Mr. Dawson's letters, and Mr. Hart's certificate of naturalization. I am, sir, your obedient servant,

J. R. LOWELL.

(Inclosure 42 in No. 331.)

Mr. Lowell to Mr. Dawson.

LEGATION OF THE UNITED STATES,

London, February 14, 1882. SIR: You will bave received from Mr. Merritt a copy of my letter to him upon the

H. Ex. 155–6

« SebelumnyaLanjutkan »