The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1888-10-31
;, DEPARTMENT OF STATE,

DEPARTMENT OF STATE,
WASHINGTON, Oct. 20, 1888.
To the President: The undersigned has
the honor to submit for your consideration
the following statement with view to re-
ceive your direction theron: On the 4th of
September last. a letter purporting to be
written by one Charles f. Murchison, dated
at Pomona, California, was sent from that
place to the British Minister at the Capital,
in which the writer solicited an expression
of his views in regard to certain unsettled
diplomatic questions between the United
States and Great Britain, stating at the same
time that such expression was sought by him
for the purpose of determining his vote at
the approaching Presidential election. He
stated that he was naturaliZed citizen of
English birth, but that he still considerd
England the mother country. and this fact
led him to seek advice from the British rep
resentative in this country. He further stat
ed that the Information he sought was not
for himself alone, but to enable hiuI to give
certain assurances to many other persons in
the same situation as himself for the pur-
pose of influencing and determining their
political action as citizens of the United
States of English birth, but who still regarded
their original obligations OF allegiance as
paramount. The letter also contained
gross reflections on the conduct of this gov
ernment in respect to question now in con-
troversy and unsettled between the United
States and Great Britain and, both directly
and indirectly imputed its sincerity in such
conduct.
To this letter the British Minister at once
replied from Beverly, Massachusetts,, under
date of the 18th of September last. In this
reply, he stated that "any political party
which openly favors the mother country at
the present moment would lose popularity,
and that the party In power Is fully aware
Of that fact" and that in respect to 'ques-
tions with Canada which have been unfor-
tunately reopened since the rejection of the
[fsheriesl treaty by the Republican majority
IN tie Senate and by the Presidents mes
sage to which you allude." 'all allowances
must therefore be made for the political sit
nation as regards the Presidential election"
The minister thus gave his assent and sane
tlon to the aspertionS and imputatiOns
above referred to and thus, under his cores
pondent's assurance of secresy, in which the
minister concurred by marking his answer
private" he undertook to advise citizen
of the United States how to exercise the
franchise of suffrage in the election close at
hand for the Presidency and Vice Presiden-
cy of the United States, and, through him, as
the letter suggested, to influence the votes of
many others. Upon this correspondence
being made public, the minister
received representatives of the public
press, and, in frequent interviews with them,
intended for publication, added to the i'm
pugnments which he had already made of the
good faith of this government in its public
action and international dealings. Although
ample time and opportunity has been afford
ed him for disavowal, modification or correc-
tion of his statements, to some of which his
attention was called personally by the un-
dersigned, yet no such disavowal or modif-
cation has been made by him through the
channels in which his statements first found
publicity. The question Is thus presented,
whether it Is compatible with the dignity and
security of the independent sovereignty Of
the United States to permit the representa-
tive of foreign government in this country
not only to receive end answer without dis
approval, and confirm by his repetition,
aspersions upon its political action, but also
to Interfere in its domestic affairs by advising
persons, formerly his countrymen, as to their
political course as citizens of the United
States. AS between this country and Great
Britain, there can be no controversy as to
the complete severance of the ties of original
allegiance by naturalization. Disputes on
this point were finally put at rest by the
treaty OF naturalization concluded by the
two countries on the 18th of May, 1870.
Therefore, 1t will not be contended, nor was
such contention ever admitted by us, that
citizens of the United States of British origin
are subject to any claim of the country of
their original allegiance.
The undersigned also has the honor to call
attention to the provision of section 5335 of
the revised statutes of the United States, by
which severe penalties are visited upon
citizen Of the United States who, without au-
th0rity or permission of the government,
commences or carries on any verbal or writ
ten correspondence or intercourse with any
foreign government or any officer or agent
there OF either with an intent to influence
the action of such government or its agents
in relation to any disputes or controversies
with the United States or with intent ito
defeat measures of the government of the
United States" These penalties are made
equally applicable TO every citizen of the
United States not duly authorized, who
counsels, advises or assists in any such cor
respondence with a similar unlawful intent.
The undersigned respectfully advises that
the attention of the Attorney General of the
United States be directed to these enact
ments in order that investigation be made
with view to ascertain whether they have
not been violated in the present case by the
correspondent. of the British minister.
by your direction, the attention OF the
British government, in spirit of comfy has
Deen called to the conduct Of its minister, as
above described, but without result. 1t
therefore becomes necessary for this govern
ment to consider whether, as the guardian OF
It's own self-respect and of the integrity of
Its institutions, it will permit further inter-
course to be held through the present British
minister at this capital. 1t is to be observed
that preeedents are not wanting as to
the question under consideration. 1t is
settled rule essential to the maintenance
OF International intercourse, that diplomat
lc representative must be persona grdtG TO
the government to which he is is accredited.
Ii, by his conduct, he renders himself pers0-
ma non 9rdtd, an announcement of that fact
may be made to his government. In the
present case, all the requirements OF comfy
have been fulfilled, the facts having been
duly communicated to Her Majesty's gov
ernment with an expression of the opinion
OF this government in regard thereto.
Respectfully submitted,