Gambar halaman
PDF
ePub

No. 4.

Earl Granville 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.,

No. 5.

GRANVILLE.

Earl Granville to Sir E. Thornton.

FOREIGN OFFICE, June 12, 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 2d 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 furnished 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 naturalized citizen of the United States, I now propose to place before you the considerations which, in the opinion of Her Majesty's Government, justify them 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 when 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 pussent 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 which 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. Buchanan, 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 mauner against the citizens and subjects of all foreign nations."

But on the occasions to which attention has now been called by Mr. Lowell there is no room for complaint of any exceptional treatment in the case of American citizens. In 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 native-born or naturalized, owe submission to the same laws in Great Britain as British subjects, while residing there and enjoying the protection of the British Government;" and Mr. Seward added that "the United States Government had applied the converse of that 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 between the two governments in the year 1861, when 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 lawfuly 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, 1-61, (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. lv, p. 710.)

Having regard to the fact that amongst the most mischievous and dangerous attempts 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 impolitie 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 the 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, I transmit, for your information, a copy of the reply which I am about to return to Mr. Lowell's applications of the 8th and 10th instant, regarding the arrests of Mr. Joseph B. Walsh and Mr. Daniel Sweeney, or McSweeney.

I am, &c.,

No. 7.

GRANVILLE.

Earl Granville 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 appreciation 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 hoped, suffice to refer to the dispatch written on the 18th December, 1848 (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 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."

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.,

No. 8.

GRANVILLE.

Earl Granville 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 destination 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. Lowell 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 you 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.,

No. 10.

Earl Granville to Mr. Lowell.

J. R. LOWELL.

FOREIGN OFFICE, July 8, 1881.

SIR: I have lost no time in referring to the proper department of Her Majesty's Government the desire expressed in your letter of the 1st instant to be furnished with a

statement of the dates, places, and other details of the specific acts said to have been committed by Mr. Joseph B. Walsh, upon which the warrant was issued for his arrest on the 8th March last, at Castlebar, county Mayo, Ireland.

In reply, I beg leave to remind you that, in the letter which I had the honor to address to you on the 28th ultime, it was pointed out 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.

I regret, therefore, that I am not in a position to be able to supply you with further details respecting the arrest of Mr. Walsh.

I have, &c.,

No. 11.

Earl Granville to Mr. Drummond.

GRANVILLE.

FOREIGN OFFICE, July 9, 1881.

SIR: With reference to my dispatch to Sir E. Thornton of the 1st instant, I transmit, for your information, copies of a further correspondence which has passed between Mr. Lowell and this department relative to the arrest of Mr. Joseph B. Walsh.* I am, &c.,

No. 12.

Mr. Lowell to Earl Granville.

GRANVILLE.

LEGATION OF THE UNITED STATES, London, September 1, 1881. (Received September 2.)

My LORD: I have the honor to acquaint you that I have to-day received a letter from Mr. B. H. Barrows, the consul of the United States at Dublin, inclosing a communication, dated the 30th ultimo, that had been made to him by Mr. Joseph B. Walsh, a prisoner arrested under the protection act, and confined in Kilmainham jail.

Mr. Walsh is a naturalized citizen of the United States, and I was instructed some time since to inquire into the circumstances of his arrest. My action in his case, and in other similar cases, is still the subject of correspondence between myself and my government. Whatever may be the final decision in regard to this, Mr. Walsh's statements in his letter to Mr. Barrows are such that it is proper I should lose no time in communicating them to your lordship. He says that his health is very much impaired, and that further imprisonment would be dangerous to his life. He desires that a medical examination may be made into the truth of his statement.

I should be much obliged to your lordship if you would make such representations to the proper authorities as to cause this to be done, and to have this man liberated from prison if practicable.

It is proper to add that Mr. Blaine, in his instructions to me upon his arrest, says that Walsh's" character as a law-abiding and good citizen is vouched for by wellknown and respectable citizens of Pennsylvania."

I have, &c.,

No. 13.

Earl Granville to Mr. Lowell.

J. R. LOWELL.

FOREIGN OFFICE, September 2, 1881.

SIR: I have the honor to acknowledge the receipt of your letter of the 1st instant, urging the release from prison, on the ground of ill-health, of Mr. Joseph B. Walsh, who was arrested at Castlebar, in the month of March last, under the protection of persons and property (Ireland) act, 1881.

*Nos. 9 and 10.

In reply, I beg leave to state to you that I have lost no time in referring your letter to the proper department of Her Majesty's Government, and that I shall not fail to communicate further with you upon this subject. I am, &c.,

No. 14.

Earl Granville to Mr. Hoppin.

GRANVILLE.

FOREIGN OFFICE, November 11, 1881.

SIR: With reference to my letter to Mr. Lowell of the 2d September last, I have now the honor to state to you that an order was issued on the 21st ultimo, by direction of the lord lieutenant of Ireland, for the discharge of Mr. Joseph B. Walsh, who has. been imprisoned at Kilmainham under the protection of person and property (Ireland) act, 1881.

A copy of this order is inclosed herewith, confidentially, for your information, from which you will perceive that it has been issued on the ground of the ill-health of the prisoner.

I am, &c.,

No. 15.

Earl Granville to Mr. West.

GRANVILLE.

FOREIGN OFFICE, November 12, 1881. SIR: With reference to my dispatch to Mr. Drummond of the 9th July last, I transmit herewith for your information, copies of a further correspondence I have had with the legation of the United States, in this country, relative to the arrest of Mr. Joseph B. Walsh, who has been imprisoned at Kilmainham under the protection of person and property act in Ireland, 1881, and has now been released by direction of the lordlieutenant of Ireland, on the ground of the ill health of the prisoner.* I am, &c.,

No. 16.

Mr. Hoppin to Earl Granville.

GRANVILLE.

LEGATION OF THE UNITED STATES,

London, November 14, 1881. (Received November 15.)

My LORD: I have the honor to acknowledge the reception of your lordship's letter of the 11th instant, acquainting me with the release from Kilmainham prison of Mr. Joseph B. Walsh, and inclosing, confidentially, the order for his discharge. I shall not fail to communicate, by an early opportunity, this information to the Department of State.

I have, &c.,

No. 17.

Mr. Lowell to Earl Granville,

W. J. HOPPIN.

LEGATION OF THE UNITED STATES, London, December 23, 1881. (Received December 24.)

My LORD: I have received to-day from Mr. Blaine a dispatch stating that Mr. P. C. O'Connor, of Baltimore, Md., has informed the Department of State that his brother, Mr. Denis H. O'Connor, a naturalized American citizen, has, without cause, been ar

*Nos. 12 and 14.

« SebelumnyaLanjutkan »