The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-07
[Enclosure.l
Wr. Bancroft to Lord Pdlmerston.
UNITED STATES LEGATION,


London, November 10, 1913.
My LoRD Your note Of the 3o;h OF September re-
ceived by my recent return from the country and
having made the inquiries which it suggested,
ply toit
The lord lieutenant of Ireland it appears by your lord
ships note, holds in Newgae prison, Dublin Mr. James
Bergen American citizen, on suspicion OF being the
agent OF associations in New York formed for the puI
pose OF supportng attempted outbreak in Ireland An
American citizen coming into the British dOmnlons,
tanly owes respect British laws, and is amenable for
the breach of them TO British tribunals.
But Mr.. Bergen has, through the lord lieutenant, writ
fen protesting his innocence of the suspicious
against him. The uerance of his opinions in America
Irish affairs is crime. II understand your lord
ship. it is not imputed to him as crime. l have had
opportunity of tracing his general conduct from the
moment of his leaving America to the evening of his
rest when he was just preparing to return home lie
came to Europe in the most frugal manner like the father
of family of small means, which he desired to improve,
and provided with the of associa-
ton On board ship he discreet in his language and
conduct One whom know well, and whose integrity
and character vouch for, with good opportunity
observation, no reason to deem him agent. He
seems, during the few days. of his being in Ireland to
have not even attended political meeting This, in sub
stance, brought 10 the knowledge OF the government
and had hoped that my representation might counterva
the suspicion in the breast of the lord lieutenant, and
would have gained Mr. Bergen leave return to his own
country had hoped this the more, as the statute II
Victoria, cap. Xxx, which alone of the two exceptional
acts Of the last session Of parliament, specifies aens
aliens from the realm. Her Maesty's government have
judged otherwise. have, therefore, the part of my
government 10 request that Mr. Bergen who has already
iangushed IN PRISON for more than three months, may
have fair trial without further DELAY.
In regard to Mr.. Richard Franks Ryan, your ordship
informs me that this citizen of the United States is in
the Judgment OF the lord lieutenant, subject of her Ma.
jesty. shall take occasion to give to your lordship
some Of the reasons which lead me to hold that by the
accepted law of nations Mr.. Ryan owes allegiance to
the United States of America alone
Here could wish to stop, reposing confidently on the
Justice Of your tribunals and the cemency of your
winch might lead to wrong inierences were moi to
pace Dy their side simple statement OF facts derived
from the best sources at hand in the absence of that OFF,
cal information which the British government with.
holds.
Early in August last, an order was secretly issued and
circulated IN Ireland, directing the of all persons
coming from Asricd the examination of their baggage
papers, and persons, and their detention in
No authority was TO set free Americans thus ar.
rested. even where was admitted by the officer making
the arrest that ground whatever even of suspicion ex
!stsd Mr.. Redington. the under secretary for Ireland
frankly avowed TO two OF my counymen that the order
contemplated the arrest and detention of every American
citizen And this general warrant of arrest, issued
against all persons OF from the nation Of America was
acted upon.
On this subject must remark that am ignorant Of
any BRITISH statute, principle of the English eonsti.
tnon or common law authorizing the arbitrary ares,
OF Al American citizens in Ireland, or elsewhere in her
Malesys domnions. The act IL Wet, cap XXX does but
the arbitrary removal of aliens from the realm
me &c. IA ana ~ Vict cap xxxv. gives broad powers
OIL aloary arrest, but only in case OF suspicion Of hrh
treason or reasonable practices
NOT the order IN Question consistent with the usage
losship gives the heat excuse for it. bv Comparing ali
ireland 70 battle field But internatopaI isave re-
qnres the proclamation OF martial law before Tho sppI
cation OF it, Tulss. The good sense of the American
Euggss'sd rightly tAs nscs should have bean given Oi