The times. [volume] (Washington [D.C.]) 1897-1901, 1900-06-10
A PLEA FOR IMMIGRANTS
Text of the Brief in the Fitzharris-
Mullet Case.
Contentious Of Attorney Curtis Sub
mitted to Assistant Secretary Tny-
ior-The Eject of a Pardon the
Legal Status of the Aliens-Thcir
offence Claimed to Be Political.

The brief of George NJ. Curtis. attorney
for Fftzharris and Mullett, which was sub
mitted to Commissioner General Powder
iy on Friday, was placed in the hands Of
Assistant Secretary Taylor yesterday. Fitx-
harris and Mullett were convicted and
served seventeen years in prison for al
legged completely in the murder Of Lord
Cavendish, Secretary for Ireland. and I'm
der Secretary Burke. in Phoenix Park.
Dublin. They were recently pardoned and
came to this country. On their arrival at
the port Of New York they were refused
permission to land. Mr.. Curtis sets forth
points why the men should not be deport-
ed, as follows:
"First-Although the Supreme Court Of
the United States has recognized the con-
stitutional character of this Board of
Special Inquiry. still it has never given IL
cense to that board, either by Federal sta
tute or judicial decision, to condemn any
person to sentence OF deportation upon
evidence incompetent and insufficient In
other words, while they possess the pow
er within the pale of a lawful discretion,
they are responsible to the appellate tri-
bunai for an abuse of that discretion, and
for judgment rendered upon evidence
which is insufficient and incomplete in
Law.
'.Second-Both of these persons, SO far
as the record discloses. have been the re-
cipients of pardon for the crime whereof
1t is alleged that they were convicted, and
It will be new construction of the act OF
Congress, if people convicted substantially
If political offences, receiving a pardon
FROM the Government whose laws it is
claimed they offended, should be pursued
as outcasts and felons upon the friendly
soil of the United States, land against
whose Government and institutions they
have never raised hand, and for the per-
petuity of which they will never cease to
srsy-
'Third-So far as the respondent Mullet
"a concerned, there is no evidence what
s.rver of a legal character. His refusal
,.i.her to be sworn or to testify may be
excused upon the basis of the legal prin
riple that no person is obliged by our or
tanic law to incriminate or degrade him
self The burden of proof was on the
Government to show that he was an indi-
yidual who came within the provisions of
the prescribing statute. 1t is unnecessary
20 urge to a legal mind that the mere
statement of Fitzharris, however obtained.
is not competent to show the trial. con-
Siction. and condemnation of the respon-
dent Mullet; therefore, / shall spend no
time upon that
The New York Enquiry.
''Fourth-The testimony. so called, of
the respondent Fitzharris given at the
secret enquiry on May eth, would not be
received in a court of law. He was not
permitted to have the advice and assist
ance of counsel; he was not informed of
his rights under the law, nor of the effect
that the answers to the questions pro-
pounded to him through hostile sources
would have upon his deportation from the
United States. He was entitled to receive
that consideration from the Board of Spe-
cial Enquiry, and his statement in refer
ence to himself should not be regarded in
the light OF controlling testimony; much
less can it be used as a legal factor against
the status or interests of Mullet. l need
not argue to intelligent minds that the
mere statement of a lay person cannot
prove matter OF record. such as the trial,
condemnation and judgment rendered
against an alleged criminal, either in this
country or upon a foreign soil. The law
regulates how these matters shall be
proven and established; but If the record
is to be taken by the Government for the
purposes Of condemnation, it cannot refuse
to receive it for the purposes Of protection
and defence; and therefore it will be ro-
siced that neither of these gentlemen
came to the United States TO remain.
Mr.. Mullet is q tracesman in the city
of Dublin, in good standing. unmolested
by his own Government. The card Of his
business was submitted on the original
enquiry. and he says that he intends to
return to his own country. but he will
never submit without resistance, to being
deported from the United States as a GRIM
anal. which he declares himself not to be:
and Mr.. Fitzharris tells us that he came
here for visit. to see this country. OF
hos 1oxx.u md h..
such nattering information; that he has
sufficient means ior his maintenance; that
he can get more on application to his
friends at home, and that he is enabled
to work It his business and he states what
that =. necessary to maintain himself.
Therefore, he is not in the sense Of the
law q pauper. And In this connection,
substantial citizens Of New York will give
ample bonds to any amount that he shall
never become charge upon the people of
the United States. Fitzharris has received,
assuming the record to be correct and the
evidence properly admitted. a pardon Of
the Government whose laws II is claimed
he offended. and to this pardon, this act
OF grace. is attached but one condition
that while in the old country he shall re-
port himself at the end of stated terms In
point OF law, II differs in no sense from
the pardon OF Mr.. Mullet so far as the
operation OF the Emigration law Of the
United States is concerned.
Result of Political Agitation.
"Fifth-There is no legal, competent,
proper evidence that either Of the detain-
ed persons are convicts, or have ever been
convicts. and the only legal competent
evidence contained in the record is, that
by whatever term the offence technically
might be known, il was the result, the
0f itpfi &c
therefore, what the law denominates a
political offence ard these men are po-
litical offenders in the sense that the laws
of emigration OF the United States are
sought to be applied to them.
'Sixth-This appellate tribunal being
vested with Quasi-judicial functions, has
the right. in the absence Of any express
decision, law, or judgment of the Su-
preme Court of the United States, to con-
strue those laws of Congress which are
applicable to the case at bar, and which
have not already been construed by judi
cial determination; and there is no law
in this land that declares men to be con-
victs who have received the pardoning
grace OF the Government; and the fact |
that they have been convicted in a legal,
technical sense. loses its strength and |
pertinency In the other fact, that they are |
restored by the act Of pardon to their |
status existing before the offence and IL |
was never the intentioni Of Congress. by
the act OF 1881, or any other act in refer |
ence to the exclusion of foreigners from |
the United States. to ordain that persons
who had been pardoned by their own Gov
arnment, should be received and treated /
as convicts who had either escaped from |
Justice or who had served out their term
and no such construction has heretofore |
Deen put upon any law Of Congress in ref