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No. 34.

Mr. Lowell to Mr. Frelinghuysen.

[Telegram-cipher.]

LEGATION OF THE UNITED STATES,

London, March 31, 1882.

Mr. Lowell reports the conclusion arrived at by the British cabinet, which has been put in the form of a memorandum by Lord Granville, as follows:

The communications which have been made by Mr. Lowell as to the "suspects" in Ireland alleged to be American subjects involve.principles of such importance that Her Majesty's Government consider it better to give their views in a dispatch which I will soon address to Mr. West. In the meantime I may say to Mr. Lowell that the imprisonment of the suspects under the act of last year is not a measure of punishment, but of prevention *]

No. 35.

Mr. Lowell to Mr. Frelinghuysen.

[Telegram-cipher.]

LEGATION OF THE UNITED STATES,

London, April 2, 1882.

[Mr. Lowell reports that the majority of the Americans have already been released. The secretary for Ireland thinks that only three remain.]

No. 36.

Mr. Lowell to Mr. Frelinghuysen.

[Telegram-cipher.]

LEGATION OF THE UNITED STATES,

London, April 3, 1882.

[Mr. Lowell states that Walsh has been already released, and that so have Hart and O'Connor. No Joseph Dalton has been arrested. White has been released on parole.]

H. Ex. 155-7

47TH CONGRESS, HOUSE OF REPRESENTATIVES. (Ex. Doc. 155, 1st Session.

PART 3

AMERICAN CITIZENS IMPRISONED IN IRELAND.

MESSAGE

FROM THE

PRESIDENT OF THE UNITED STATES,

IN RESPONSE

To a resolution of the House of Representatives, transmitting a communication from the Secretary of State on the subject of American citizens imprisoned in Ireland.

MAY 23, 1882.-Referred to the Committee on Foreign Affairs and ordered to be printed.

To the House of Representatives :

I transmit herewith a letter of the Secretary of State and accompanying documents, submitted in compliance with a resolution of the House of Representatives, of the 20th ultimo, calling for additional information respecting the cases of American citizens under arrest in Ireland. CHESTER A. ARTHUR.

EXECUTIVE MANSION,
Washington, May 22, 1882.

To the President:

The Secretary of State, to whom was referred the resolution of the House of Representatives of the 20th of April last, requesting the President, if not incompatible with the public interests, to communicate to the House any additional correspondence with the British Government, on file in the Department of State, with reference to the alleged imprisonment of citizens of the United States in Ireland, and that the President be requested to continue his efforts for the prompt release or trial of any of the citizens of the United States who might then remain unjustly imprisoned in that country by the British authorities, has the honor to make to the President the following report, for transmission to the House of Representatives, in answer to said resolution.

The last report from the Department of State upon this subject was transmitted to the House by the President on the 5th day of April

last. It contained all the correspondence which could then be communicated without injury to the public interest, either in the form of textual copies or of paraphrases containing the exact substance and meaning of cipher telegrams which could not be published textually without disclosing the cipher of the department to officials of other governments, through whose hands the cipher messages passed.

In that report the Secretary stated that negotiations were still in progress, and that it was confidently hoped that results would be reached satisfactory to both governments. When that report was prepared a telegram had just been dispatched to London, dated the 3d April, expressing the gratification of the President at the release of the American prisoners who had been discharged in consequence of the representation made by his direction, and his hope that the remaining prisoners might be discharged without question.

The Secretary of State upon the 10th of April instructed Mr. Lowell to urge upon Lord Granville to release the remaining prisoners; to which Mr. Lowell answered on the 12th that he did not think he could possibly obtain the release of the remaining American prisoners except upon the condition that they should leave the country, not to return so long as the exceptional legislation should remain in force.

Thereupon on the same day the Secretary of State instructed Mr. Lowell to send a report by cable of the names of the remaining prisoners and of all facts and information respecting them which had not yet been communicated to the department, and which in his judgment might be necessary for a complete understanding of their cases.

On the 13th of April Mr. Lowell answered, promising the desired information as soon as it could be obtained.

On the 19th April Mr. Lowell cabled that he had received the names of four persons still in prison who were understood to be Americans. These were O'Mahoney, McSweeny, McInnery, and Slattery. The minister stated that two others, named Brophy and Gannon, of whom he had not before heard, had asked him to intervene. He added that he had delayed answering in order to obtain all the desired additional information. On the 20th of April a further cable was received from Mr. Lowell on the same subject, and on the 21st of the same month he cabled that the Irish secretary would release five prisoners-excluding Gannon for the present, about whose citizenship there was some doubt-on condition that they would return to the United States, and that he had answered that he was instructed not to consent to any conditions.

In a previous instruction Mr. Lowell had been authorized by the Secretary of State, if requisite, to draw on the Department of State for two hundred dollars per man for all such American citizens as might be released and might need the means of reaching home. In the same telegram of the 21st April Mr. Lowell said that he would cause suspects to be informed that each should receive forty pounds on release and promise to return. On the 22d of April the Secretary of State cabled Mr. Lowell that he was right in his disclaimer of authority to consent to the conditions imposed upon the release of the prisoners. He was also told that the authority to draw money had been given him in case of need, in order that persons released might have the means to reach their homes; that the government could properly do this, but that it could not authorize money to be offered to induce persons to leave, but nevertheless any expense he had already incurred would be recognized.

On the 28th April Mr. Lowell reported by cable that the money offers had been withdrawn in all cases; that O'Mahoney was undecided, and

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that the other four prisoners would not accept release offered on condition of return to the United States.

The Secretary of State incloses a copy of an instruction from Lord Granville to Mr. West, which was handed to the Secretary by Mr. West under instructions; and also a copy of an instruction from this department to Mr. Lowell, dated April 25, 1882. Three dispatches from Mr. Lowell, dated May 3, 4, and 6, respectively, are also appended as conveying information in certain of the pending cases up to the latest advices.

Respectfully submitted.

DEPARTMENT OF STATE,

FRED'K T. FRELINGHUYSEN.

Washington, May 22, 1882.

LIST OF ACCOMPANYING PAPERS.

April 25, 1882.

No. 1.-Earl Granville to Mr. West. London, April 6, 1882.
No. 2.-Mr. Frelinghuysen to Mr. Lowell. No. 366.
No. 3.—Mr. Lowell to Mr. Frelinghuysen. No. 349.
pendices).

London, May 3, 1882 (with ap

No. 4.-—Mr. Lowell to Mr. Frelinghuysen. No. 350. London, May 4, 1882 (with appendices).

No. 5.-Mr. Lowell to Mr. Frelinghuysen. No. 351. London, May 6, 1882 (with appendices).

No. 1.

Earl Granville to Mr. West.

FOREIGN OFFICE, April 6, 1882.

SIR: With reference to my dispatch of the 31st ultimo, I have now to inform you that Her Majesty's Government have carefully considered the representations that have been made to them by Mr. Lowell, on the part of the Government of the United States, concerning the arrest and imprisonment of certain American citizens in Ireland, and the hope expressed by the President that the American citizens so detained may be brought to an early trial.

The persons at present detained in prison in Ireland under the provisions of the protection of person and property act of 1881 have been, and are, all of them, either ordinarily resident in Ireland or persons who have visited Ireland under the present circumstances of that country, and to whom full knowledge of those circumstances, and of the laws passed in the last session of Parliament to arm the government there with extraordinary powers, must be imputed.

In the use of these extraordinary powers, for the purpose of preventing incentives to outrage and crime, and breaches of public order in Ireland, no general distinction can be made between those persons, for the time being in Ireland, who may have come there from the United States or any other foreign countries in which they may have rights of citizenship, and others; nor have Her Majesty's Government generally any means of knowing whether such persons are native Irish

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