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For the last six years he has been residing there, and it is understood that he also is holding office as a poor-law guardian with an apparent purpose of remaining in Ireland. He is a gentleman of influence and appears to have taken a prominent part in the troubles which are now agitating Ireland. He says that his action has been that of a peaceable citizen and within the line of the law. The British authorities maintain that they have good right to 'suspect him of inciting persons unlawfully to assemble together and to commit riot and assault. It is understood that the British authorities are ready to release him if he will leave Ireland.

The President has carefully considered this case also. When a natural. ized citizen resumes his residence with his family in the land of his origin, and goes into business there, and becomes an office-holder, and takes active part in political discussions, if it turns out that his action gives offense to the local government, and he is thrown into prison, the laws and interests of the United States do not require us to do more than insist that be shall have a right to return to the country of his adoption, leaving the question of damages for future discussion.

Such is understood to have been the course pursued by the United States during the late civil war. In September, 1862, the British chargé d'affaires at Washington requested the discharge of one Francis Carroll, a British subject, who had been arrested by the military authorities in Baltimore. Mr. Seward refused the request, and in a note to Mr. Stuart said :

Is the Government of the United States to be expected to put down treason in arms and yet leave persons on liberty who are capable of spreading sedition ! Certainly the government could not expect to maintain itself if it allowed such mischievous license to American citizens. Can the case be different when the dangerous person is a foreigner living under the protection of this government! I can conceive only one ground upon which his release can be ordered, and that is that he may be too unimportant and too passionate a person to be heeded in his railings against the government. But you will bear in mind that the times are critical, and tbat sedition is easily moved now by evil-designing men who in times of peace might be despised. (Diplomatic Correspondence for 1862, p. 228.)

A correspondence ensued, which resulted in a proposal thatMr. Carroll should be released from custody upon his agreeing to leave the United States immediately, and not return again during the continuance of this rebellion, and giving security to the approval of the United States marshal that he will keep said agreement. (Diplomatic Correspondence for 1863, p. 460.)

This offer was accepted by the British chargé d'affaires and Mr. Carroll was discharged.

The President cannot assume that an exercise of national sovereignty which was performed by the United States when their security was assailed cannot be performed by other powers similarly situated, subject, of course, always to be questioned when the good faith of its exercise may be drawn in doubt.

But in the exercise of such an extreme right of sovereignity the comity of nations demands that the power exercising it should hold itself ready at all times to explain to the power on whose citizens it has been exercised the reasons which have compelled it. It cannot be doubted that Her Majesty's Government will observe the same spirit of courtesy in this respect that the Government of the United States displayed when the case was reversed. You will therefore inquire of Lord Granville why these two prisoners are detained, and if it should appear that we are correctly informed as to their history and as to their active participation in the local politics of Ireland, and you are assured that

they may leave the country at any moment they please, you will communicate these facts to the department and await further instructions.

As to the prisoner McEnery, it is understood here that he was ar. rested last June on suspicion of being concerned in an assault and in breaking into a dwelling. It is now nearly a year since this arrest was made, and, making due allowance for the exceptional condition of Ireland, the President is of opinion that the time has come when Her Majesty's Government should frankly state why he is held and when he may have an opportunity of defense. The President, on entering upon the duties of his office on the death of President Garfield, was ignorant of these arrests and of their nature. My attention was not called to them when I took charge of the department. It was not until I had been here some weeks that the friends of the prisoners brought the real facts to my knowledge. Since then, under direction of the President, I have spared no effort to have this matter properly adjusted. I am bound to say that our exertions have been met in a spirit of friendship by Her Majesty's Government; but it assumes as the basis of its action a principle to which the President cannot assent. In his note of the 6th April, to Mr. West, Lord Granville quotes with approval the following extract from a note of the 14th October, 1861, from Mr. Seward to Lord Lyons :

In every case subjects of Her Majesty residing in the United States and under their protection are treated, during the present troubles, in the same manner and with no greater or less rigor than American citizens.

And he deduces from this the principle that "no distinction can be made in favor of aliens,” or, as stated to yourself in a note of the 28th June last, that Her Majesty's Government would not admit

Any claim to exemption on behalf of any persons, whether alien or citizen, from the operation of the laws which equally affects all persons residing in the domain and under the protection of the Crown.

Mr. Seward's statement was rather an allegation of a fact than the enunciation of a principle. But if it can be taken to be the statement of a principle as broad as Lord Granville now lays down, the President cannot but look upon it as an extreme position taken in the heat of conflict, to which the government of neither Great Britain nor the United States can give adhesion in time of quiet and reflection. It is certain that Her Majesty's Government did not accept it as a rule of action during the civil war, and as certain that Mr. Seward did not adhere to it, but permitted exceptional inquiries, as in Carroll's case and McHugh's case and the cases of the military commission in Fort Lafayette, to be made throughout the war. Lord Lyons was constantly and diligently asking the causes of arrest and imprisonment of British subjects, and Mr. Seward was as constantly answering his inquiries, nothwithstanding the fact of the suspension of the habeas corpus.

It is not the interest of either government to be drawn into an extreme position in this delicate matter. The President concedes that he has no right to expect to transfer into foreign countries the forms of law which under American institutions are so great a security to the citizen. He concedes to every sovereign power the right to prescribe its own code of crimes and its own mode of trying offenders, and if it shall choose to adopt a system which gives the citizen fewer guarantees against injustice than prevail in the United States he feels that he cannot complain if it is applied to citizens of the United States who are found where it prevails.

But if, when thus applied, it works actual injustice; if it takes pos

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 yon, 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 privi. lege, 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 de. nied 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 tbis 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 Govern. ment 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. 3.

Mr. Lowell to Mr. Frelinghuysen. No. 349.]

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.
I have, &c.,

J. R. LOWELL.

\Inclosure 1 in No. 349.]

Mr. Lorell to Mr. Barrows.

LEGATION OF THE UNITED STATES,

London, April 21, 1882. Sir: You will please see without delay William Brophy, a suspect claiming to be an American citized, 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.

J. R. LOWELL.

[Inclosure 2 in No. 349.)

Mr. Lowell to Mr. Jood.

LEGATION OF THE UNITED STATES,

London, April 21, 1882. Sir: You will please see without delay Henry O'Mahoney, who is confined in Monaghan jail, and Daniel McSweeney, wbo 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 bis passage to the United States," for which sum you may draw upon me at sight. I am, &c.,

J. R. LOWELL.

(Inclosure 3 in No. 349.)

Mr. Lowell to Mr. Tinsly.

LEGATION OF THE UNITED STATES,

London, April 21, 1882. Sir: You will please see without delay John McInerny and Patrick Slattery, suspects claiming to be American citizens and contined in Limerick jail, and say to each of them that “ in case he should be liberated you bave 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.,

J. R. LOWELL.

(Inclosure 4 in No. 349.1

Mr. Tinsly to Mr. Lowell.
CONSULAR AGENCY OF THE UNITED STATES,

Limerick, April 22, 1882. 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 bis passage to the United States in case he should be liberated. Each of them asked if the payment was to be conditional opon his leaving this country for America, to which I replied that I presumed it was. Bat 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 bave 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. I remain, &c.,

JOHN R. TINSLY, United States Consular Agent.

[Inclosure 5 in No. 349. |

Mr. Lowell to Mr. Tinsly.

Confidential.]

LEGATION OF THE UNITED STATES,

London, April 24, 1882. 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.

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