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Mr. McCormick wrote me from Clonmel jail, where he was then confined, on the 23d February last, stating his case, and I replied to him the next day. His letter to me and a copy of my reply are submitted herewith, together with Mr. McCormick's letter of April 18. I am, &c.,

B. H. BARROWS.

(Ioclosure 5 in No. 350.)

Mr. Lowell to Mr. Barrous.

LEGATION OF THE UNITED STATES,

London, April 21, 1882. Sir: I have to acknowledge the receipt of your letter of the 19th instant, inclosing two letters from Mr. John R. McCormick, a suspect contined in Clonmel prison, to yourself, a copy of your letter to him, and his certiticate of naturalization.

Will you be kind enough to state to Mr. McCormick that I shall give proper attention to his case. I am, &c.,

J. R. LOWELL.

No. 5.

Mr. Lowell to Mr. Frelinghuysen.

No. 351.)

LEGATION OF THE UNITED STATES,

London, May 6, 1882. (Received May 13.) SIR: I have the honor to inclose herewith two copies of the correspondence respecting the imprisonment of the so-called American suspects, which has been printed and laid before Parliament. I also inclose copies of letters from Messrs. O'Mahoney, Slattery, Brophy, Lynam, and Gannon, and letters from myself to Messrs. O'Mahoney and Lynam.

My notes to the British Government in relation to the cases of American suspects, copies of which have not already been transmitted to the . Department of State, will appear in the printed correspondence herewith forwarded. I have, &c.,

J. R. LOWELL.

[Inciosure 1 in No. 351.]

UNITED STATES. No. 2 (1882).

Correspondence respecting the imprisonment in Ireland, under the " protection of person and

property (Ireland) act, 1881," of naturalized citizens of the Uniled States.

(Presented to both Houses of Parliament by command of Her Majesty. 1882.)

No. 1.

Mr. Lowell to Earl Granrille.

LEGATION OF THE UNITED STATES,

Londot, June 8, 1881. (Received June 9.) My LORD: Referring to the interview which your lordship was kind enough to grant

H. Ex. 155 pt. 3—2

me on the 3d instant, in relation to the case of Joseph B. Walsh, arrested under the coercion act at Castlebar, County Mayo, on the 8th March last, I have now the honor to request that you would at your convenience furnish me, in order to my better understanding of the facts of the case, with a copy of the warrant under which he was arrested, and with such particulars as to the offense with which he is charged as may be within your knowledge, Mr. Walsh having furnished me with evidence satisfying me that he is a naturalized citizen of the United States, though I bave no reason to tbink that Her Majesty's Government were aware of the fact when the warrant was issued. As your lordship will observe by the dates, Mr. Walsh bas already suffered a three months imprisonment, to the manifest detriment of his affairs; and the President, while anxious not to embarrass in any way the action of a friendly government in dealing with a very difficult and delicate question of domestic policy, cannot but also feel solicitous not to ignore any just claim of American citizens to his intervention in their behalf. I have, &c.,

J. R. LOWELL.

No. 2.

Mr. Lowell to Earl Granrille.

LEGATION OF THE UNITED STATES,

London, June 10, 1881. (Received June 13.) My LORD: I have to-day received a letter from Mr. William Simms, the vice-consul of the United States at Belfast, informing me of the arrest of Mr. Daniel Sweeney, or McSweeney, an American citizen, and inclosing papers in the case. The papers include a copy of the warrant of arrest, a letter from Mr. Sweeney to myself, and his cer. tificate of citizenship. It appears that he was arrested on the 2d instant, and lodged in Dundalk jail. In his letter to me Mr. Sweeney denies that he has ever said any. thing which could be construed into an incitement to riot, and asserts that, on the contrary, he has advised against the commission of crime and the violation of law. I should be glad to be informed of the particulars of the charge against Mr. Sweeney. I may repeat what I said in my note of the 8th instant with regard to the case of Mr. Walsh, that my government, though anxious not to ignore the just claim of American citizens to protection, has no desire to embarrass the action of a friendly government in dealing with a difficult and delicate domestic question. I bave, &c.,

J. R. LOWELL.

No. 3.

Earl Granville to Sir E. Thornton.

(Extract.)

FOREIGN OFFICE, June 17, 1881. Mr. Lowell informed me on the 3d instant that he had received instructions from his government by telegraph to make representations to me on the subject of a naturalized American citizen who had been arrested in Ireland on the 8th of March last, to ask what was the crime for which he had been arrested, and to press for his being brought to trial.

Mr. Lowell added that he had been promised that fuller instructions on the subject should be sent him by mail.

I answered that such representations took me much by surprise, considering the circumstances of the case and the understanding which existed between the two countries on this point of international law; but I added that, as he expected fuller instructions, it would be better to await their arrival before discussing the question.

I now transmit for your information a copy of a letter which I have received from Mr. Lowell, in which he requests to be furnished with certain particulars connected with the arrest, under the act for the better protection of person and property in Ireland of the 21 March, 1881, at Castlebar, county Mayo, on the 8th March last, of Joseph B. Walsh, who is stated to be a naturalized citizen of the United States.*

* No. 1.

No. 4.

Earl Granrille to Mr. Lowell.

FOREIGN OFFICE, June 17, 1881. SIR: I have the honor to acknowledge the receipt of your letter of the 10th instant, requesting to be furnished with the particulars of the charge against Daniel Sweeney, or McSweeney, who is stated to be a United States citizen, and who was arrested under the act for the better protection of person and property in Ireland of the 2d March, 1881, on the 2d instant, and lodged in Dundalk jail.

In reply, I beg leave to acquaint you that I have referred your application to the proper department of Her Majesty's Government. I have, &c.,

GRANVILLE.

No. 5.

Earl Granrille to Sir E. Thornton.

FOREIGN OFFICE, June 19, 1881. SIR: With reference to my dispatch of yesterday's date, I transmit herewith, for your information, a copy of a letter which I have received from Mr. Lowell, requesting to be furnished with particulars of the charge under which Mr. Daniel Sweeney, or McSweeney, has been arrested in Ireland.*

A copy is also inclosed of the act of the 20 March, 1881, 44 Vict., cap. 4, entitled "An act for the better protection of person and property in Ireland.” I am, &c.,

GRANVILLE.

No. 6.

Earl Granville to Sir E. Thornton.

FOREIGN OFFICE, June 24, 1881. SIR : Referring to my dispatch of the 17th instant, in which I communicated to you: a copy of the letter addressed to me by Mr. Lowell, requesting that he might be fur. bished with certain particulars connected with the arrest in Ireland, under the peace preservation (Ireland) act, 1881, on the 8th March last, of Mr. Joseph B. Walsh, who is said to be a paturalized citizen of the United States, I now propose to place before you the considerations which, in the opinion of Her Majesty's Government, justify thern in declining to recognize any distinction between the liability of foreigners and British subjects in respect to unlawful acts committed within the limits of British jurisdiction, or to admit any claim to exemption on behalf of any person, whether alien or citizen, from the operation of the laws which equally affect all persons residing in the dominions and under the protection of the Crown.

At the same time, I wish to observe that Her Majesty's Government have not failed to note the friendly assurances given on the part of the President of the United States towards this country, as contained in Mr. Lowell's letters of the 8th and 10th instant wben applying for information with regard to the arrests in Ireland, under the act already cited, of Messrs. Walsh and Sweeney.

The right of every State to subject foreigners within its limits, no less than its own subjects, to every law made for the maintenance of law and order is an undisputed principle of the law of nations, and is a right necessarily inherent in the sovereignty of every independent community.

The principle is universally recognized, and is well stated by the great French jurist Portalis

, as quoted by Sir Robert Phillimore in his “Commentaries upon International Law," vol. 1, cap. xviii, section 334, p. 454:

“Chaque État a le droit de veiller à sa conservation, et c'est dans ce droit que réside la souveraineté. Or, comment un État pourrait-il se conserver et maintenir, s'il existait dans son sein des hommes qui passent impunément enfreindre sa police et troubler sa tranquillité ? Le pouvoir souverain ne pourrait remplir la fin pour laquelle il est

* No. 2.

établi, si des hommes étrangers ou nationaux étaient indépendants de ce pouvoir. Il ne peut être limité, ni quant aux choses, ni quant aux personnes. Il n'est rien s'il n'est tout. La qualité d'étranger ne saurait être une exception légitime pour celui qui s'en prévaut contre la puissance publique qui régit le pays dans lequel il réside. Habiter le territoire, c'est se soumettre à la souveraineté."

The principles thus stated apply alike to exceptional laws which the necessities of state have caused to be imposed, and to the action of the ordinary tribunals.

Foreigners, whether the native-born or naturalized subjects of their own state, are equally amenable to the laws for the time being in force in the country in wbich they are resident.

It will be observed that in the dispatch of the 18th December, 1848 (British and Foreign State Papers, vol. xlvii, p. 1242), Mr. Bucbanan, the United States Secretary of State, admitted that the application of the law suspending the writ of habeas corpus was one to which his government might have “submitted in silence" if it "had been carried into execution in the same impartial manner against the citizens and subjects of all foreign nations."

But on the occasions to which attention bas now been called by Mr. Lowell there is no room for complaint of any exceptional treatment in the case of American citizens.

Iu the correspondence in 1866 between the British Government and the United States, the true light from which the matter is to be regarded was set forth very clearly in the statement made by Mr. Seward in his confidential dispatch to Mr. Adams, the substance of which will be found in Lord Clarendon's dispatch to Sir F. Bruce of the 14th April, 1866.* Mr. Seward then said that he “ frankly admitted that Americans, whether uative-born or paturalized, owe submission to the same laws in Great Britain as British subjects, while residing there and enjoying the protection of the British Goveromeni;” and Mr. Seward added that “the United States Goveroment bad applied the converse of tbat principle to British subjects who were sojourning or traveling in the United States during the late rebellion."

Mr. Seward, no doubt, here referred to the discussion which took place beth'een the two governments in the year 1861, wben the writ of habeas corpus was suspended by the Executive of its own authority in America.

This correspondence will be found in the British and Foreign State Papers, 1860–61, vol. li, pp. 241, 243, 252, 264.

The principle was then admitted on both sides that if such a proceeding was law. ful.y authorized (as it has been, without question, in the case of Ireland), no complaint could be made if, under its principles, the subjects of foreign states were treated in like manner, or, as Mr. Seward expressed it in his letter to Lord Lyons of the 14th October, 1861, (p. 245), “ with no greater or less rigor” than the citizens of the country in which such an exceptional law had become duly operative.

(Vide also the correspondence in the case of Mr. Shaw, British and Foreign State Papers, 1864-65, vol. Iv, p. 710.)

Having regard to the fact that amongst the most mischievous and dangerous attenipts against peace and order in Ireland are those due to Irishmen who have become naturalized in America, it would be, in the opinion of Her Majesty's Government, most highly impolitic to admit, either in principle or practice, any departure from the doctrine of their equal liability to the procedure which it has been found necessary to apply in the case of the subjects of the Queen.

Nothing could be more injurious than the belief that Irish-American citizens could carry on lawless projects in Ireland covered by an exceptional immunity.

If that were permitted, they would become the principal agents in tbe crimes which it was the object of the act 44 Vict., cap. 4, for the protection of person and property in Ireland, to suppress.

In conclusion, 1 transmit, for your information, a copy of the reply which I am about to return to Mr. Lowell's applications of the sth and 10th instant, regarding the arrests of Mr. Joseph B. Walsh and Mr. Daniel Sweeney, or McSweeney. I am, &c.,

GRANVILLE.

No. 7.

Earl Granrille to Mr. Lowell.

FOREIGN OFFICE, June 28, 1881. Sir: In compliance with the request contained in your letter of the 8th instant, I have now the honor to forward a copy of the warrant under which Mr. Joseph B. Walsh, who is said to be a naturalized citizen of the United States, was arrested at Castlebar, county Mayo, Ireland, on the 8th March last.

* See appendix.

Her Majesty's Government have also had under their consideration the application made by you on the 10th instant, requesting to be furnished with particulars of the charge under which Mr. Daniel Sweeney, or McSweeney, an American citizen, had been arrested on the 2d June, and lodged in Dundalk jail.

In the first place, I beg leave to assure you that Her Majesty's Government are very sensible of the friendly feeling toward this country, and of the appreciatiou shown by the President of the United States with regard to the difficulties presented by the abnormal condition of affairs at this moment in a portion of the United Kingdom.

It will not, I trust, be necessary to enter at great length upon the reasons which, in the opinion of Her Majesty's Government, prevent them from recognizing any distinction between the liability of foreigners and British subjects in respect of unlawful acts committed within the limits of British jurisdiction, or from admitting any claim to exemption on behalf of any person, whether alien or citizen, from the operation of the laws which equally affect all persons residing in the dominions and under the pro tection of the Crown.

It will, it is boped, suffice to refer to the dispatch written on the 18th December, 1843 (see British and Foreign State Papers, vol. xlvii, p. 1242), to Mr. Bancroft by Mr. Buchanan, where he admits that the application of the law suspending the writ of habeas corpus (11 and 12 Vict., cap. 35) was one to which bis government might have í snbmitted in silence" if it “ had been carried into execution in the same impartial manner against the citizens and subjects of all foreign nations." On the present occasion Her Majesty's Government have no reason to believe that there is ground to suppose that American citizens have met with exceptional treatment. I have, &c.,

GRANVILLE.

No. 8.

Earl Granrille to Sir E. Thornton.

FOREIGN OFFICE, July 1, 1881. Sir: I have now to notify to you the transmission, on the 28th ultimo, to its destidation of the communication which, as I informed you in my dispatch of the 24th ultimo, I was about to address to Mr. Lowell relative to the arrests, under the peace preservation (Ireland) act of 1881, of Joseph B. Walsh and Daniel Sweeney, or McSweeney. I am, &c.,

GRANVILLE

No. 9

Mr. Louell to Earl Granville.

LEGATION OF THE UNITED STATES,

London, July 1, 1881. (Received July 2.) My LORD: I have to thank your lordship for your letter of the 28th ultimo, inclosing a copy of the warrant under which Mr. Joseph B. Walsh was arrested at Castlebar, county Mayo, Ireland, in the month of March last. It appears by the copy of a certificate sent to me that Mr. Walsh was duly admitted by the superior court of the city of New York, on the 16th day of October, in the year 1875, to be a citizen of the United States of America.

I have been instructed by Mr. Blaine to make the necessary inquiries into the cause of Mr. Walsh's arrest and detention, and I should feel much obliged to your lordship if pou could furnish me with a statement of the dates, places, and other details of the specific acts said to have been committed by Mr. Walsh, upon which it was thought proper to issue the warrant in question. I have, &c.,

J. R. LOWELL.

No. 10.

Earl Granville to Mr. Lowell.

FOREIGN OFFICE, July 8, 1881. &R: I have lost no time in referring to the proper department of Her Majesty's Govtrument the desire expressed in your letter of the 1st instant to be furnished with a

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