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It is to be given thom 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 wbich you desire. I am, &c.,


(Inclosure. 1

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.


(Inclosure 6 in No. 349.1

Mr. Barrows to Mr. Lowell.


Dublin, April 25, 1882. 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, romarked that if released he could not undertake to leave under three or four months; that his mother-in-law diod 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, por does he belong to any society or organization; that he nas 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 af. fairs, 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.,


United States Consul.

(Inclosure 7 in No. 349.)

Copy of telegram from William Brophy to American consul.


April 24, 1882. Will accept my release unconditionally; not otherwise.

[Inclosure 8 in No. 349.]

Mr. Tinsly to Mr. Lowell.


Limerick, April 25, 1882. 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 bad 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.


Belfast, April 26, 1882. 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, för 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

they were liberated by Her Majesty's Government, provided he should not in the mean time receive instructions revoking his authority in this respect. I am, &c.,

SAMUEL P. BROWN, United States Consular Clerk.

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DUBLIN CASTLE, April 24, 1282. SIR: I am directed by the lord lieutenant to inform you that bis excellency has been pleased to order the release of Daniel McSweeney, a prisoner in your custody under the provisions of the protection of person and property (Ireland) act, 1881, upon his signing the following undertaking:

“I hereby undertake, if released from prison, that I will leave Ireland forthwith and return to America."

You will please inform the prisoner that if after signing this undertaking be does not leave Ireland in such a short time as is a reasonable interpretation of "forthwith," he will be rearrested. You will please hand to prisoner a copy of this letter. I am, &c.,


[Inclosure 12 in No. 349.)

Mr. Lowell to Mr. Barrows.



London, April 26, 1892. SIR: I have to acknowledge the reception of your two letters of yesterday with accompanying papers.

You will understand, of course, that the money offer I instructed you to make was not intended as an inducement for the prisoner to leave Ireland, but simply as a provision for his expenses to America in case he should be released by the government here. I am, &c.,


(Inclosure 13 in No. 349.]

Copy of telegram from Lowell, Minister, London, to Barrows, United States Consul, Dublin,

dated April 27, 1882.

You will of course understand that the offer mentioned in my letter of twenty-first is now absolutely withdrawn.

(Inclosure 14 in No. 349.)

Copy of telegram from Lowell, Minister, London, to Wood, United States Consul, Belfast,

dated April 27, 1882.

Your letter of twenty-sixth received. You will please understand that the offer is now withdrawn absolutely in all cases.

[Inclosure 15 in No. 349.) Copy of telegram from Lowell, Minister, London, to Tinsly, Consular Agent, Limerick, dated

April 26, 1882.

Your letter of twenty-fifth received. You will understand, of course, that the offer is now absolutely withdrawn.

No 4.

Mr. Lowell to Mr. Frelinghuysen.

No. 350.


London, May 4, 1882. (Received May 18.) S!R: The case of John R. McCormack, a prisoner in Clonmel jail, who asserts his American citizenship, and sends me a certificate of naturalization bearing the name of John McCormick, is one of those that will still embarrass me with the question of continuous domicile, even should he succeed in establishing his identity with the person named in the certified extract from the record of the justice's court of the district of Troy, New York, on which he bases his claim for my interven. tion in his behalf.

The date of the certificate of naturalization is the 25th October, 1867. A letter from Mrs. McCormack informs me that her husband returned to Ireland in 1869, and has continuously resided there ever since (with the exception of a visit to the United States in 1873) as the publisher and editor of a local newspaper.

The United States have from the first justly insisted on and have finally established the principle of the right of expatriation ; but when a man has completed the process of expatriating himself and returns to the land of his birth, I should be glad to be instructed how far his residence there may be prolonged without extinction of the acquired and revival of the original allegiance; over how many years may the animus revertendi be reasonably considered elastic enough to stretch; and what kind or continuity of business pursuit may be supposed to establish the animus manendi.

In treaties with the North German Confederation and with Würtemberg, the United States have agreed to consider two years as the reasonable limit beyond which a continuous residence in his native country by the naturalized citizen of another will be considered as establishing the animus manendi. Some of the decisions of the court seem to imply a much shorter period.

In the cases of most, if not all, the so-called American suspects in Ireland, continuous residence has exceeded this term ; in some it has greatly exceeded it; in the case of McCormack it has apparently extended to thirteen years. I cannot help thinking that the British Gov. ernment would be justified in questioning the final perseverance (if I may borrow a theological term) of adopted citizenship under adverse circumstances like these. I have, &c.,


(Inclosure 1 in No. 350.]

Mr. McCormack to Mr. Barrows.

CLONMEL Prison, Tipperary 23, 2, ’82. Dear Sir: I beg to bring under your notice that I am an American citizen suffering imprisonment under the English coercion act. I am guiltless of any crime punishable by law, and what I request is tbat, in pursuance of a resolution passed by the United States legislature, you use your office in securing for me that protection which I claim as a citizen of the United States, and that justice which, ooly through your government, I can obtain. If the government of this most unhappy country has a charge against me, all I ask is that I be brought to trial and given a chance of refut

ing the charge before one of the legal tribunals of the country. If there be no charge against me other than, perbaps, that of fallacious suspicion, founded upon the whisper of an ambitious policeman, or grounded on the elastic information of a hireling informer, then I think it is no more than ordinary justice to demand my release or my trial. It is not necessary, however, that I should here enter into a discussion of the injustice which I am suffering at the hands of a rather strange government and the action, nay the duty, of that magnanimous government which you represent, and which I have sworn to maintain. For the present I think it sufficient to inform you of my position, and to request that you will see to it. I am, &c.,


(Inclosure 2 in No. 350.]

Mr. Barrows to Mr. McCormack.


Dublin, February 24, 1882. Sir: I am in receipt of yours of the 23d, and in reply beg to inform you that the fact of your being an American citizen confers upon you no immunity from arrest and imprisonment under the coercion act. The minister can interfere only :

1st. When 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; or,

20. When a distinction has been made to the disadvantage of the prisoner on the ground of his American nationality.

The above are the decisions of Minister Lowell, under whose instructions I am acting. Should there be a peculiar hardship in your case, not affected by these decisions, please submit all the facts in the case, together with evidence of your American citizenship, and the matter shall have my prompt attention. I remain, &c.,


United States Consul.

[Inclosure 3 in No. 350.)
Mr. McCormack to Mr. Barrows.

Naas BASTILE, April 18, 1882. DEAR SIR: Herewith I forward you certificate of my American citizenship, and beg to request that yon will lose no time in forwarding it to Mr. Lowell. I lost the original document, and in consequence of your reply to me last February, I neglected sending for a duplicate until the 20th ultimo. I trust that Mr. Lowell will lose no time in representing my case, as I am now undergoing my fourth month's imprisonment without the slightest shadow of a charge against me. Of course my business as a journalist and newspaper proprietor is suffering severely through this most wanton outrage perpetrated on me by the British Government, and I think it would be nothing more than ordinary justice that Mr. Lowell should demand compensation for me, for the losses which I have sustained. I shall expect at least that my trial or unconditional release will be demanded forthwith. Surely four months should be time enough for the British authorities to trump up a charge against me if they could, but I defy them to do so.

It might be necessary for me to explain the slight difference between the name under which I was arrested and that in my certificate of citizenship. The name under which I was arrested is John R. McCormack, the R being used by me from my mother, whose name is Ryan, in order to distinguish me from several John McCormacks in Tipperary, amongst them three first cousins of my own. Of course I am prepared to prove that I am the actual person mentioned in the inclosed duplicate. Your faithful fellow-citizen,


(Inclosare 4 in No. 350.]

Mr. Barrows to Mr. Lowell.


Dublin, April 19, 1882. Sir: I have the honor to transmit herewith copy of the naturalization papers of John R. McCormick, an American suspect, at present confined in Naas jail.

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