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47TH CONGRESS, HOUSE OF REPRESENTATIVES. J Ex. Doc. 155, 1st Session.

4

AMERICAN CITIZENS UNDER ARREST IN IRELAND.

MESSAGE

FROM THE

PRESIDENT OF THE UNITED STATES,

TRANSMITTING

A communication from the Secretary of State, in further response to a resolution of the House of Representatives, respecting the cases of American citizens under arrest in Ireland.

August 5, 1882.-Referred to the Committee on Foreign Affairs and ordered to be printed.

To the House of Representatives:

I transmit herewith a report of the Secretary of State, submitted in compliance with a resolution of the House of Representatives of the 28th of June, calling for additional information respecting the cases of American citizens under arrest in Ireland.

EXECUTIVE MANSION, August 5, 1882.

CHESTER A. ARTHUR.

To the President:

In answer to the resolution of the House of Representatives of the 28th June, which is in the following words

Resolved, That the President is hereby requested, if not incompatible with the public interest, to communicate to this House any additional correspondence called for by resolution of the 25th of April, and not heretofore communicated to Congress; and also whether any proposition has been made by any person holding office under the United States to any American citizen in British prisons to accept their release upon conditions; and, if so, by whom such proposition was made, and the nature thereofThe undersigned has the honor to report that no correspondence coming within the provision of the foregoing resolution has taken place since the late communication to the House of Representatives, on the 22d of May last, except that a telegram dated the 11th of June has been received from Mr. Lowell, minister of the United States in London, in answer to a request from this Department for the information contained therein, and a dispatch dated the 10th of July has also been received. By these it appears that no arrests not heretofore reported

have been made. Mr. Lowell states that it appears from a note of the minister of state for foreign affairs of the 8th of July that the only persons alleged to be American citizens, and who are still imprisoned, are O'Mahoney, McSweeney, Slattery, and Gannon; that McSweeney and Slattery produce regular certificates of naturalization; Gannon appar ently establishes claims to American birth, while O'Mahoney was irreg ularly naturalized on the ground of service in the Navy; and the asserted cause of their imprisonment is contained in former telegrams.

To aid the House of Representatives in any examination of these cases it may be deemed proper to make, I append a short statement as to the citizenship of the prisoners, as shown by the records of this Department, and the alleged cause of their imprisonment, as shown by the telegrams referred to by Mr. Lowell and the files of this Department.

The facts as to the cases of O'Mahoney and McSweeney have already been communicated to the House of Representatives, in substance as follows:

It appears from documents on file in this Department that O'Mahoney, in 1866, made application in Louisiana for naturalization under the soldiers' act (Revised Statutes section 2166), and was refused, for what cause is not stated. He then returned to Ireland, where he remained. In October, 1875, he went into business as a keeper of a public house and retailer of liquors, at a place called Ballydehob. This business has been carried on in his name since 1875. In 1878 he came to the United States of America, and obtained naturalization there in February, 1880, without stopping his business in Ballydehob. He then returned to Ireland, where he was and still is a rate-payer, tax-payer, and voter, and offered himself as a candidate for poor-law guardian. He was elected, qualified, and entered upon the discharge of the duties of the office, and was discharging them when arrested. His imprisonment under his present arrest dates from November last.

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In this statement no account is made of the fact that O'Mahoney informed the consul at Cork that his alleged service was in the Navy. If his statement to the consul was correct, his alleged naturalization was fraudulent and in violation of law under the settled rulings of this government. This precise point has been decided by the district court of the United States for the district of Oregon. (In re Bailey, 2 Sawyer's Reports, 200.)

The charge against O'Mahoney is that he is

reasonably suspected of having, since the 30th day of September, 1880, been guilty, as principal, of a crime punishable by law; that is to say, inciting others wrongfully and without legal authority to intimidate divers persons with a view to compel them to abstain from doing a certain act which they had a legal right to do, namely, to pay rents lawfully due by them, committed in a prescribed district, and being the inciting to an act of intimidation, and tending to interfere with the maintenance of law and

order.

Mr. McSweeney was naturalized many years since, and resided in San Francisco, engaged in the cattle trade. About six years ago he returned with his family to Ireland, and purchased some property there. 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.

The department has no other information as to the citizenship of Messrs. Gannon and Slattery than that given in Mr. Lowell's telegram of July 11, quoted above.

The charge against Slattery is that he is

reasonably suspected of having, since the 30th day of September, 1880, been guilty, as principal, of a crime punishable by law: that is to say, riot and shooting at with intent to murder, committed in a prescribed district, and being an act of violence, and tending to interfere with the maintenance of law and order.

The charge against Gannon is that he is

reasonably suspected of having, since the 30th September, 1880, been guilty, as principal, of a crime punishable by law, that is to say: Unlawfully assembling with others, to the terror of Her Majesty's subjects, for the purpose of disturbing the public peace, committed in a prescribed district, and being an act of violence, and tending to interfere with the maintenance of law and order.

The charge against McSweeney is that he is

reasonably suspected of having, since the 30th day of September, 1880, been guilty, as principal of a crime punishable by law, that is to say: Inciting persons unlawfully to assemble together, and to commit riot and assault, committed in a prescribed district, and being the inciting to an act of violence, and tending to interfere with the maintenance of law and order.

Mr. Lowell further states that it appears by the note of the 8th instant that Her Majesty's Government do not entertain at present the intention of bringing these persons to trial, but that government has offered them a discharge on condition that they shall leave Ireland for America. This offer the prisoners have refused.

The dispatch of Mr. Lowell, of the 10th of July, contains the same information as that contained in the telegram, stated more in detail. The dispatch contains nothing which is not already set forth in this message.

The substance of all correspondence called for by the resolution of the 25th April has been communicated to Congress, with the exception of telegrams which it is not deemed compatible with the public interest to publish at this time.

These telegrams have, however, been read by members of the Committee on Foreign Affairs, and contain no indication of an assent that any conditions be imposed on the release of American citizens, or any evidence of lack of diligent efforts to protect their rights.

The undersigned has no information not already communicated to the House of Representatives that any person holding office under the United States has made any proposition to any American citizen to accept release from British prisons on any conditions.

Mr. Lowell has again been instructed to urge a speedy trial of the four Americans in accordance with the power reserved to the Lord Lieutenant of Ireland in the coercion act.

Respectfully submitted.

WASHINGTON, August 5, 1882.

FRED'K T. FRELINGHUYSEN.

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A communication from the Secretary of War, recommending an additional appropriation for the construction of a bridge over the Potomac River at Georgetown, D. C.

APRIL 4, 1882.-Referred to the Committee on Appropriations and ordered to be printed.

To the Senate and House of Representatives:

I transmit herewith, for the consideration of Congress, a letter from the Secretary of War, dated March 31, 1882, and accompanying report from the Chief of Engineers, with its inclosures, relative to the construction of a bridge across the Potomac River at or near Georgetown, in the District of Columbia, under the provisions of the act approved February 23, 1881, in which he requests that an additional appropriation of $80,000 be made to give practical effect to the act referred to, in accordance with the recommendations of the Chief of Engineers.

EXECUTIVE MANSION,
April 4, 1882.

CHESTER A. ARTHUR.

To the PRESIDENT:

WAR DEPARTMENT, Washington City, March 31, 1882.

The act approved February 23, 1881, entitled "An act to authorize the construction of a bridge across the Potomac River at or near Georgetown, in the District of Columbia, and for other purposes," authorized and directed, by the provisions of its first section, the Secretary of War to cause to be constructed across the Potomac River at or near Georgetown, in the District of Columbia, at such point as he might select, a substantial iron and masonry bridge with approaches, and appropriated therefor the sum of one hundred and forty thousand dollars. It was further provided that the bridge and all approaches thereto should cost no more than the sum specified, and that no part of the appropriation should be paid out of the Treasury until contracts should have been

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