session of an American citizen, and deprives him of his liberty without any allegation of offense; if it leaves him incarcerated without hope of trial or chance of release, it then becomes the duty of the President to inquire why this is done. Her Majesty's Government pursued that course during the civil war. They will see that a self-respecting government must do the same now. And the President can have no doubt that when you, under these instructions, courteously, but firmly, ask to be informed why McEnery is deprived of his liberty, and why he is afforded no opportunity of defense, Her Majesty's Government, instead of referring you to the municipal law of Great Britain, which authorizes such treatment of British subjects, will at once give you with frankness and fullness the information you ask for. As soon as it is obtained you will cable the substance. In regard to the other persons, of whom we now hear for the first time, I understand that as to one or more of them there is some doubt as to the citizenship. In the present excited state of Ireland you will, as I doubt not you have hitherto done, exercise due caution and scrutiny to make sure that persons have the right to claim your protection. In a country where the ordinary course of law is suspended there is danger that unworthy and designing persons, who are not American citizens, will seek to put on our nationality. American citizenship is a great privilege, not to be lightly put on or unworthily worn. Its assumption implies the promise and the obligation to observe our laws at home, and peaceably as good citizens to assist in maintaining our faith abroad, without efforts to entangle us in internal troubles or civil discord with which we have not, and do not wish to have, anything to do. When an American citizen thus conducts himself, whether at home or abroad, he is entitled to the confidence of his government and active support of all its officials. If business interests or the ties of affection take him into lands where from any cause laws which protect him from arrest and imprisonment do not exist, his government claims the right to interpose its own shield to take the place of the protection which is denied by local laws. The President is aware that Ireland is now in an exceptional condition. But even if all be true which is stated; if it is impossible to conduct a trial by jury of a breaker of the peace with any hope of conviction even with the clearest proof; if the witness who testifies against such an offender does it with his life in his hands; if it be impossible for owners of property to collect rents under any process of law; if those who are responsible for the administration of law in Ireland are seeking to do away with this unhappy condition-even if all this be true, it furnishes no sufficient reason why an American citizen should remain incarcerated without accusation, without chance of trial, without opportunity for release. The President is gratified to observe that the claim thus to hold American citizens is modified by the following language in Lord Granville's instruction of April 6th to Mr. West: The Irish Government have in many instances released prisoners upon a reasonable belief that it could be done without risk to the public safety, and I need hardly say that Her Majesty's Government are not desirous of detaining unnecessarily in prison any person from whom no danger to the public peace is to be apprehended. They will therefore be prepared to consider the circumstances of any citizens of the United States now detained who may be willing to engage forthwith to leave the United Kingdom. The President moreover has little doubt that Her Majesty's Government do not intend to insist in practice upon the extreme doctrine that an American citizen against whom there is no charge shall, without trial, remain in prison or leave the United Kingdom. But he believes, by fairly considering each case as it arises, conclusions will be reached satisfactory to both governments. After satisfying yourself that the three persons whose names are now reported to us are citizens, you will ask Her Majesty's Government why they are detained, and whether it is contemplated to give them trials, reporting by cable; and should your intervention or protection be claimed by others hereafter, you will be governed by the rules and principles laid down in this dispatch. You are instructed to read this instruction to Lord Granville and to leave a copy of it with him if he desires it. I am, sir, &c., FRED'K T. FRELINGHUYSEN. No. 349.] No. 3. Mr. Lowell to Mr. Frelinghuysen. LEGATION OF THE UNITED STATES, London, May 3, 1882. (Received May 18.) SIR: I have the honor to report that since my last dispatch on the subject of the persons claiming to be naturalized citizens of the United States now imprisoned in Ireland, I had an interview, by appointment, with Mr. Forster on Friday, 21st April, the results of which I have already communicated in substance by telegram. I assented that he should try the experiment of offering their release to all the so-called American suspects on condition of their going back within a reasonble time to the country they claim to have adopted, but I distinctly informed him that I was not authorized by my government to accept anything less than unconditional liberation. On my part I promised to have the prisoners informed, on my own responsibility alone, that "in case they should be released" forty pounds sterling should be at the disposal of each to pay his passage across the Atlantic. 1 accordingly instructed Messrs. Barrows and Wood, consuls respectively at Dublin and at Belfast, and Mr. Tinsly, consular agent at Limerick, to visit the prisoners and make known to them the offer. Two of them, McInerny and Slattery, were allowed three days to consider whether they would accept or not; the others, O'Mahoney, Gannon, and McSweeney, refused to be liberated on any terms whatever. Under whose advice or orders they were acting is a matter of very probable conjecture. Meanwhile it is nearly certain that all the suspects, except those charged with crimes of violence, will be very shortly set at liberty, thus rendering nugatory the most effective argument in favor of disorder and resistance to the law. ** I inclose a copy of the correspondence. [Inclosure 1 in No. 349.] Mr. Lowell to Mr. Barrows. J. R. LOWELL. LEGATION OF THE UNITED STATES, SIR: You will please see without delay William Brophy, a suspect claiming to be an American citizen, confined in Naas jail, and say to him that "in case he should be liberated you have authority to pay him forty pounds sterling for his passage to the United States," for which sum you may draw upon me at sight. I am, &c., [Inclosure 2 in No. 349.] Mr. Lowell to Mr. Wood. J. R. LOWELL. LEGATION OF THE UNITED STATES, SIR: You will please see without delay Henry O'Mahoney, who is confined in Monaghan jail, and Daniel McSweeney, who is confined in Dundalk jail, both of whom claim to be American citizens, and say to each of them that "in case he should be liberated you have authority to pay him forty pounds sterling for his passage to the United States," for which sum you may draw upon me at sight. I am, &c., [Inclosure 3 in No. 349.] Mr. Lowell to Mr. Tinsly. J. R. LOWELL. LEGATION OF THE UNITED STATES, SIR: You will please see without delay John McInerny and Patrick Slattery, suspects claiming to be American citizens and confined in Limerick jail, and say to each of them that in case he should be liberated you have authority to pay him forty pounds sterling for his passage to the United States," for which sum you may draw upon me at sight. I am, &c., [Inclosure 4 in No. 349.] J. R. LOWELL. Mr. Tinsly to Mr. Lowell. CONSULAR AGENCY OF THE UNITED STATES, SIR: I have the honor to acknowledge receipt of your letter of the 21st instant. In accordance with your instructions I called without delay at the county jail, and had an interview with John McInerny and Patrick Slattery separately. I informed each of them that I had, as consular agent of the United States at Limerick, received authority to pay him forty pounds sterling for his passage to the United States in case he should be liberated. Each of them asked if the payment was to be conditional upon his leaving this country for America, to which I replied that I presumed it was. But to satisfy them I read the exact words from your letter without informing them from whom I received the letter or the instructions, as you marked your letter confidential. Neither of them would give a decided reply, but said they would think it over and give me their reply on Thursday next. It would be well to let me have clear instructions on that point as to conditions, and also a draft form of the receipt I am to take from them, or either of them, in case they consent. SIR: I have your letter of the 22d. It must be distinctly understood that this money is not offered to the prisoners to induce them to leave Ireland. It is to be given them simply as an act of kindness to enable them, in case of their release without funds, to return to America. I inclose the form of a receipt which you desire. I am, &c., [Inclosure.] J. R. LOWELL. Received from J. R. Tinsly, esq., forty pounds sterling, to enable me to pay my necessary expenses in reaching my home in the United States. £40. [Inclosure 6 in No. 349.] Mr. Barrows to Mr. Lowell. CONSULATE OF THE UNITED STATES, SIR: I have the honor to acknowledge receipt of yours of the 21st. In obedience to your instructions to "see William Brophy," I called upon the under secretary and asked for an order directed to the governor of Naas jail which would allow me to see Brophy privately. The courtesy was at once accorded me, and on yesterday I proceeded to Naas. Governor Gildea gave me a private room, where I saw Brophy, who, in the course of conversation, remarked that if released he could not undertake to leave under three or four months; that his mother-in-law died last May intestate, and that he and the other relatives are unable to agree on executors or administrators; that he came to Dublin from New York in 1877; returned to America once for about six months; does not deny that he was a Fenian in 1867, but declares positively that he is not concerned in the present movement in any way whatever, nor does he belong to any society or organization; that he has five children, the youngest only five weeks old, his wife a delicate woman and unable to travel. He stated, finally, that he had no desire or intention of remaining in Ireland after the settlement of his private affairs, but he refused absolutely to accept release on the condition of his leaving for America. His decision is emphasized by inclosed telegram, which I received from him this morning, wherein, you will observe, he refuses anything but unconditional release. Awaiting your further instructions, I have the honor, &c., B. H. BARROWS, CONSULAR AGENCY OF THE UNITED STATES, SIR: I have the honor to acknowledge receipt of your letter of the 24th instant. In compliance with a request from the prisoners John McInerny and Patrick Slattery, to call at the jail to-day, I did so, and had an interview with them. They said as it was to benefit their health they came to Ireland, and neither of them feeling well, they would not be disposed at present to return to the United States even if they were to be liberated from prison. I distinctly informed them that I held out no inducement to them to leave Ireland, but if they were liberated and wished to return to America, I was authorized as an act of kindness to pay to each of them the amount I previously named to pay their passage and other expenses, as they may not have funds to enable them to do so. The matter now stands as I have stated. I remain, &c., JOHN R. TINSLY, United States Consular Agent. [Inclosure 9 in No. 349.] Mr. Wood to Mr. Lowell. AMERICAN CONSULATE, SIR: I have the honor to report the proceedings taken under the instructions of your letter of the 21st instant, in respect of the communication to be made to Henry O'Mahoney and Daniel McSweeney, now confined respectively in Her Majesty's prisons at Monaghan and Dundalk. The letter was received by me at so late an hour on Saturday, the 22d instant, as made it impracticable to reach either of the two places on that day, and no communication was available on Sunday. I was not able to go in person. Mr. Samuel P. Brown, a consular clerk, holding the commission of the President, and now on duty at this consulate, was accordingly delegated by me, under suitable instructions, to perform the service. He left Belfast on Monday morning, the 24th instant, and returned last evening. A copy of the report of his proceedings is herewith submitted. I have every reason to believe that the object of your instructions was most discreetly and faithfully accomplished. In the event that either O'Mahoney or McSweeney should be liberated, I shall make the payment (on application therefor) of the sum named in your letter, unless I shall be otherwise instructed. I am, &c., A. B. WOOD, Consul. [Inclosure 10 in No. 349.] Mr. Brown to Mr. Wood. BELFAST, IRELAND, April 26, 1882. SIR: In compliance with your instructions, I left Belfast at 9 a. m. on Monday, the 24th instant, for Monaghan, and arrived there about 12 m. I at once proceeded to Her Majesty's prison and requested an interview with the prisoner Henry O'Mahoney. The warden of the prison received me with courtesy, and at once sent for Mahoney. I then communicated to the latter the statement of Mr. Lowell's letter. Mahoney seemed undecided whether he would accept the terms implied in that communication as to his departure for America. It did not appear that he had any information that he had been or was to be pardoned. On leaving Monaghan I was obliged, in order to reach Dundalk that evening, to drive to Cloues. On reaching Dundalk it was too late for an interview with the prisoner Daniel McSweeney, but I was able to arrange for an interview on the following morning. This took place about 11 o'clock a. m. Before making Mr. Lowell's communication to McSweeney, he at once said that he would not accept his liberation on the condition of returning to the United States. In both these cases the prisoners observed that the departure for the United States was a condition of their liberation, although no communication beyond the words of Mr. Lowell's letter was made. The warde at Dundalk gave me a copy of a letter, dated the 24th instant, from Dublin Castle (which is hereto appended), advising him of the liberation of McSweeney on condition of his leaving Ireland for the United States. I was advised that it had not, at the time of my interview, been made known to McSweeney. In view of the indecision of O'Mahoney and the declaration of McSweeney as to the acceptance of liberation on the condition of proceeding to the United States, I informed them, agreeably to your instructions, that the consul at Belfast would carry out Mr. Lowell's instructions as to the payment of the money to each of them in case |