The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-05-23
IMPRISONED AMERICANS.
Additional Correspondence Between the
Department of State and Minister Low

ell,
WASHINGTON, May 22.-The President this
afternoon sent to the House documents con-
cerning the imprisonment of American citl-
Zens in Ireland, in which are given the cores
pondence between the State Department and
Minister Lowell on the subject which has pass
ed since the last report was transmitted to the
House of Representatives. Secretary Frellng-
hnyseD, April 10, instructed Mr.. Lowell TO
urge upon Lord Granville the release OF re-
manning prisoners without further question,
to which Mr.. Lowell responded he thought it
impossible to secure their release except upon
condition of their leaving the country not to
return so long as the exceptional legislation
was in force.
April 10Th in reply to instructions Mr.. Low
ell cabled he had received the names of four
persons still in prison who We're understood to
be Americans, namely, O'Mahoney, McSwee-
ney, McInery and Slattery. Two others nam
ed Brophy and Cannon, of whom he had not
before heard, had asked him to intervene
April 21st Mr.. Lowell cabled that the Irish
Secretary would release five prisoners-exclud-
ing Cannon, for the present, about whose citi-
Zenship there was some doubt-on condition
that they would return to the United States,
and that he had answered he was instructed not
to consent to any conditions In previous IN
structions Mr.. Lowell had been authorized by
the Secretary of State If requisite to draw on
the Department of State for $500 per man for
all such American citizens as might ibe re-
leased and might need the means for reaching
home In the same telegram of the 21st of
April, Mr.. Lowell said he would cause the sus-
poets to be informed that each should re-
ceive $40 on their release and promise to re-
turn. On the 22d Of April the Secretary of
State cabled Lowell he was right in his dis
claimer of authority to consent to the condi-
tions imposed upon the release of the prison.
ers. He was also told that authority to draw
the money had been given him in case of need
in order that persons released might have the
means to reach their homes that the govern
ment could properly do this, but it could not
authorize the money to be offered to induce
persons to leave, but nevertheless any expense
he had already incurred would be recognized.
On the 28th of April Mr.. Lowell reported by
cable the money offered had been Withdrawn
in all cases; that O'Mahoney was undecided
and the other four prisoners would not accept
the release offered on condition OF their return
to the United States.
The Secretary of State encloses a copy of
instructions from Granville to Minister West
handed to the Secretary by Mr.. West under
instructions, and also copy of instruction from
this department to Lowell, dated April 25.
In letter from Minister Lowell, dated May
8, he reports an interview with Forster in
which he says, 81 assented that he should try
the experiment of offering release to all so call
ed American suspects on condition OF their go
ing back within q reasonable time to the coun-
try they claim to have adopted, but distinctly
ernment to accept anything less than an uncon-
ditional liberation. On my part l promised to
have the prisoners informed on my own respon-
sbility alone that I'm case they should be re-
leased" e40 sterling should be at the disposal
of each to pay their passage across the ATTAIN
TIC I accordingly instructed Messrs. Barrows
and Wood, consuls respectively at Dublin and
Belfast and Tinsley, consular agent at LINER
lex, to visit the prisoners and make known the
offer Two (McInery and Slattery) were al
lowed three day to consider whether they
would accept or not The others lManoney,
Gannan and McSweeney) refused to be liberat-
ed on any terms whatever. Whose advice or
orders they were acting under is matter OF
very probable conjecture.
In letter to Lowell, April %, Secretary
Frelinghuysen rehearses the history
of O'Mahoneys naturalization l,5aa IN s21s sn1s
still resident and rate prayer in Ireland
and says when an alien is at the very time OF
his naturalization and for years before has
been a resident and office holder in the country
of his origin; when after his naturalization
he puts his certificate in his pocket and returns
to the country of his origin and continues to
reside there in business and holding office the
President feels it his duty to afford such citi-
zen only the measure of protection demanded
by the strictest construction OF duty namely:
That he shall receive from the hands OF the
government under which he is holding office
"
its own citizens or subjects.
Referring to the case of McSweeney the
letter continues: The president carefully con-
sidered this case also. When naturallzed
citizen resumes his residence with his family
in the land of his origin and goes into mess
there and becomes an office holder and takes
an active part in political discussions kif it
turns out his action gives offense to the local
government and he is thrown. into prison, the
laws and interests of the United States do not
TO do fhon q hQVa
the right to return to the country of his
adoption leaving the question of damages for
future discussion. You will therefore inquire
of Lord Granville why these two prisoners are
detained, and if it should appear we are cor
rectly informed as to their history and as to
their active participation in the local politics
of Ireland, and you are assured they may
leave the country any moment they please
YOU will communicate these facts to the de-
part and await further instruction.
AS to the prisoner McEnery it is understood
here he was arrested last June on suspicion OF
being concerned in an assault and in breaking
into a dwelling. 1t is now nearly year since
this arrest was made and making due allow
ance for the exceptional condition OF Ireland
the President is of the opinion 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. Under direc-
ton of the President have spared no effort
to have this matter properly adjusted and
am bound to say our exertlOnS have been met
in spirit of friendship by Her Maiesay's gov
ernment. But it assumes as the basis OF its
action principle to which the Preside 1T can
not assent The President comedies he has no
right to expect the transfer into foreign coun-
tries of forms off law which under American
institutions are OF so great security to cltlzens.
He comedies to every sovereign power tho
right to prescribe its own code OF crime and its
own mode of trying offenders and II it shall
choose to adopt system which gives citizen
fewer guarantees against I'M ustice than prevail
IN the United States he feels he cannot
complains if it is applied to citizens of the
United States who are found where it prevails.
But if when thus applied it works actual in
Justice; if it takes possession OF an American
citizen and deprives him of his liberty with
out any allegation of his offense; If it leaves
him incarcerased without hope of trial or
chance of release it then becomes the duty OF
the President to inquire why this is done.
After satisfying yourself that the three per-
sons whose names are now reported to the
United States are citizens, you will ask Her
Majestys why they are detained and whether
it is contemplated to give them trials, report
ing 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 despatch. You are instructed
to read this instruction to Grandville and
leave COPY with him if he desires it.
THE NEXT CONGRESS.