Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-04-06
FRELINGHUYSEN
Has Been Diligent in Urging Upon the
British Government the Necessity
for a Speedy Trial
or the American Citizens Arrested in
Ireland and Held as Suspects in
Prison-The Correspondence.

WASHINGTON, April 5.-The President
retary of State. Frelinghuysen, relating to
American citizens imprisoned in Ireland.
The secretary says that no copy OF the act
for the better protection of persons and
property in Ireland" (act under which the
arrests complained of were made) being
found in the department of the state here at
the time of Its passage, 26th of May last, the
then secretary Of. state instructed Lowell to
obtain and forward authentic copies of it at
his earliest convenience. Lowell complied
with this instruction on the 11th of June
last, but meanwhile the department seems to
have obtained q copy of the act, as the secre-
tary of state instructed Lowell as follows on
the ID of June last: "Whatever necessity
may be, in the estimation of
HER MAJESTY,
for the existence and enforcement in Ireland
of exceptional legislative measures recently
enacted in respect to that country, this
government cannot view with unconcern the
application of summary proceedings attend
ant upon the execution OF these measures
to naturalized citizens of the United States,
of Irish origin, whose business relations may
render necessary their presence in Ireland or
any other part of the United Kingdom, or
whose filial instincts and love for kindred
may have prompted them to revisit their ma
tive country. If American citizens, while
within British jurisdiction, offended against
BRITISH LAWS.
this government will not seek to shield them
from the legal consequences of their acts, but
it must insist upon the application of their
cases TO those common principles of criminal
jurisprudence which is, in the United States,
secure to every man who offends against its
laws whether he be an American citizen or
q anfa fO
inal prosecution which afford the best safe
guards to personal liberty and the strongest
securities against oppression under the forms
of law which might otherwise be practiced
through excessive zeal. That the accused per-
son shall Immediately upon arrest be in
formed of the specific crime or offense upon
which he is held. and that he shall be offered
an opportunity for
SPEEDY TRIAL
before an impartial court and jury, are essen
tial to every criminal lprosecution-necessary
alike TO the protection of innocence and the
ascertainment of guilt"
Minister Lowell replied to this:
'1t will give me great pleasure TO COM
municale to Lord Granville the views you
have so clearly and SO eloquently expressed
as to the injustice of some of the features of
the so-called Protection act, and especially
to its retroactive, character but would re-
spectfully suggest whether any steps would
be gained toward the speedy trial or release
OF Walsh by argument against the law it.
self under which he was apprehended, so
long as Lord Granville expressly declines to
make any distinction between British sub
jects and American citizens in the applica-
tion OF the law, as position which, l pre-
sumo, may be justified by precedent under
our diplomatic history"
n, the otst Tapuarv lasf he H0usa of
called for "list of all the
AMERICAN CITIZENS,
naturalized or native born, under arrest or
and especially such of said
citizens as may have been arrested and i'm
prisoned under a suspension of the hdbecs
corpus in Ireland" etc. A copy of the resolu-
ton was forwarded to Minister Lowell, and
it appears from his return that the follow
ing arrests and imprisonments of ptrsons
to be American citizens were made
after January, 1881, namely: M. B. Fogarty,
Michael Boyton, Daniel McSweeny, Henry
o. Mahoney, james T. Daley, McEnery,
Ennis H. O'Connor, Michael Hart and
Joseph d. Alton. In the course of the cor
it appears that Boyton was not
an American citizen, and some doubt was
thrown by the consul at Cork upon Maho-
ney's naturaliza ion.
On the Sd Of March last the secretary of
state instructed Minister Lowell to use all
diligence in regard TO the late cases, es-
pecially
HART AND M'swEENY.
On the 4th of the same month Minister
Lowell was instructed to inform the British
government that the President hoped that,
without discussing the applicability of the
Coercion act to citizens OF the United States,
the lord-lieutenant would be instructed to
exercise the discretionary powers reposed in
speedy trials for all imprisoned American
citizens. On the 10th of the same month
Minister Lowell was again instructed to call
attention to this subject, and say that the
President did not wish to appear unreason-
able, but would be relieved if he could in
form Congress that his request for the speedy
trial of Americans had been complied with.
On the 25th of March Minister Lowell was
again instructed to say that the President
hoped her majesty's government would see
its way to an early and favorable answer TO
his REQUEST. The negotiations still going on
have so far reached a conclusion that but
three persons remain in prison, and there is
good reason to believe that results will be
reached satisfactory to both governments.
Several kilograms have passed between Lon
don and Washington during recent pending
negotiations, which it is not thought compat-
ible with public interest to disclose at pres
ent. Accompanying the communications are
dispatches from Minister Lowell and the
consul at Cork, showing that OConnor had
acted as treasurer Of the Land League, and
that OMahoney was poor-law guardianssat