National Republican., 1884-09-19
THE M'swEENEY CASE.
What MIR. Blaine Did and Did Not
DO for n British onicehoIdcr.


The Citizen (John H. Ena1ys paper).
We have been asked several times in
tho past three or four weeks to explain
what is called tho Mcswconoy case. wo
have rofrainod so far from doing so,
waiting until the campaign orators had
exhausted themselves. Now for tho facts
Daniel McSweenoy was at one time
resident of California, and no doubt be.
camo citizen of tho United States. In
1876 he returned to his native place in
Ireland, near Cardonagh, Donegal. Ho
took up residence there, occupied
farm, and titled IL, and after few years
was elected poor law guardian for his
district of the Dunfanaghy union. In
1870, 1880, and 1881 he tbok very promi-
nent part in the land league movement.
His American experiences made him the
most aggressive land loaguor, perhaps, in
all Donegal. He was suspected by Buck
shot" Forster, was arrested under tho
coercion act in July, lSSl, and claimed
American citizenship. This IL will be
remembered we" after Garfield had been
shot, ar %hlie ho was lying on u bed of
pain. About o month after ho was
arrested McSweeney wrote to Mr.. Lowell,
claiming American protection. Mr..
Lowell, who is q slow going person, and
particularly slow when tho case of Irish
American citizens are concerned, COM
municated with Mr.. Simms, the American
consul vt Belfast, and requested him to
investigate the McSweeney case. Mr..
Simms did as requested, and reported that
Mr. McSweeney, though ut one time ah
American citizen, had apparently re-
turned to his former allegiance. inasmuch
A a ha Iu1 aRHanfnd niiHn in Irnlann N
Office created by the British government
contrary to the protest of the Irish people,
and had taken up his domicile perma-
nently under the British crown, thereby
forfeiting his claims to American citizen.
ship. Mr.. Simms advised Mr.. Lowell that
Mr.. NcSweeney's case was not one for the
interference of the Amoricap government.
While this correspondence was going on
Mr.. McSweenoy became impatient, and
wrote to Mr.. Blaine, then secretary of
state. Mrs. McSweeney also wrote. Mr..
Blaine of course referred their letters to
Mr.. Lowell. who communicated back to
Mr.. Blaine the result Of his isinvestigations.
Mr. Blaine advised further scrutiny,
because of the appeal made by Mrs. Nc
Sweeney,
Before the reply to the American min
lister at London was received Garfield had
died and Frelinghuysen had taken his
place. The action of Mr.. Blaine, how
ever, had been productive Of good, and in
few months after Mr. McSweeney was
released. These arc tho facts as far as
his case is concerned.
Mr.. McSweeney, to be sure, complains
that Mr.. Blaine did not answer his or his
wife's letters. This is foolish. II the
secretary of state replied to every com
plant made there would be no surplus in
the treasury, that Is certain. Mr.. Blaine
did what was meet and proper under tho
circumstances He referred the case to
Mr.. Lowell, the American minister to
Great Britain. Mr.. Lowell acted, though
tardily, on Mr.. Blaine's instructions.
Now it must be remembered in this
connection that Mr.. MoSweeney had acted
rs British subject in Ireland by holding
office. He has held the same office ever
since. He is now poor law guardian of
the Dunfanaghy union, Donegal, Ireland,
and only few months ago he was de-
fendant in British court at Londonderry,
Ireland, at the suit of an officer Of the
union. He is also candidate for parlia-
ment. If elected he would have to take
an oath of allegiance to Queen Victoria,
though when he became an American
citizen he foreswore allegiance to that
parsonage.
WHAT would American citizens think of
a man, anIrshman, or an Englishman, or
Scotchman, for instance, who, after
accepting the office of alderman, county
commissioner, or supervisor, should, when
arrested under American law, claim
British protection? McSweeney, the
Donegal poor law guardian, claiming
American protection, is a parallel case, is
| 1t not?
Al ...,, . ,rnr1 .. - NJ. n,u:. o..
action in tho case of American citizens.
On tho cath of Nay, 1881, before the
coercion act had come into his possession,
| he wrote to Mr.. Lowell to use all care
and diligence in protecting American
citizens, and ON the I'd of June following
wrote to Mr. Lowell n letter, from which
We extract the following instructions in
reference to the case Of Joseph b. Walsh,
of Castlebar, Mayo:
Whatever the necessity may be In the est-
| nation OF her maJestys government for the
| existence and enforcement in Ireland of the
| exceptional legislative measures recently en-
mcnt cannot view with uncOncern the applica-
tiOn of the summary proceedings nt-
tcndant upon the prosecution of these
| measures to naluralized citizens of
the United States OF Irish origin whose
business relations may render necessary their
presence in Ireland or any part of the United
| Kingdom, or whose iilial instinct and love for
| kindred may have prompted them to revisit
| their native country.
| If American citizens while within British
| Jurisdiction offend against British laws, this
government will not seek 10 shield them from
| the legal consequences OF their acts; but IL
must insist upon the application 10 their cases
| of those common principles OF criminal jurls-
prudence which IN the United States secure to
every man who .oiiends against Its laws,
whether he be an American citizen or foreign
subject, those incidents 10 Il criminal proseCu-
tion which afford the best safeguard topersonal
| liberty ana the strongest protection against OPP
preston under the form OF law, which
might otherwise be practiced through excess
i've zeal
That an accused person shall Immediately
upon arrest be informed of the specific crime
or ofiense upon which he Is held, and that he
| shall be afforded an opportunity for speedy
trial before al impartial court and jury are
essentials TO every criminal prosecution, nee.
essary alike 10 the protection OF innocence and
the ascertainment of guilt You viii lose no
time in making the necessary inquiries into
| the cause OF Mr.. Walsh arrest and detention,
in which 1t Is probable Mr.. Barrows, the con.
sui at Dublin, may bo able to aid you. And II
| YOU shall find that the circumstances OF the
case, in the light Of this aud previous instruc'
tiOns are such as to call for interference on
the part of this government, you will make
such temperate but earnest representations as
III your Judgment Will cOnduce 10 his speedy
trial. or in case there il no specific charge
against him, his prompt release from imprison'
ment.
1t Is desired that you will report the result o
your proceedings to the department, with as
little delay US convenient
Now, what bolder doctrine in regard to
American citizenship could Irish-Am eri-
cans ask than is enunciated here?
Mr.. Blaine acted on it throughout,
though Guiteau's bullet sped soon after
the receipt of tho instructions by Mr.
Lowell, sadly interfering with his course.
We commend the facts as above stated