[Confidential.]
Mr. Seward states, in a letter to Mr. Adams, copy of which was forwarded to me by Lord Stanley, “that it has happened several times that American citizens travelling without pass-ports have been arrested in Ireland and denied the good offices of the United States until they could procure evidence of citizenship, to be sent from the United States.”
As this is an important statement, and one that shows Mr. Seward is somewhat in error as to the course pursued, I beg to say that I have carefully searched the correspondence with the American consul, and the letter of which I annex a copy (A) is the only one I can find suggesting that the consul should adduce proof of the naturalization of the prisoner concerning whom he interferes.
Immediately after the passing of the habeas corpus suspension act he was informed (copy letter B herewith) that in the case of an Irish-born subject of her Majesty the government cannot recognize any right of the consul to interfere; and in every such case that occurred during the time Lord Kimberley was lord lieutenant the consul was always informed that although as a matter of courtesy his excellency would be glad to communicate with him as to any prisoner in whose case he was interested, yet, that if a prisoner be a natural-born subject of her Majesty, he cannot, by any course he may have subsequently pursued in America, [Page 161] divest himself of his allegiance to her Majesty, and must be treated as an ordinary subject, and that therefore his excellency must reserve the right of declining to discuss with the consul of any foreign power the conduct of her Majesty’s government regarding such prisoners.
This rule, however, was subsequently relaxed in practice, and the consul has been since communicated with in the ordinary way concerning any prisoner who claims to be an American citizen.
Mr. Murray, D. C. P., however, informs me that Mr. West has frequently told prisoners under his (Mr. Murray’s) care that he will not interfere on behalf of a prisoner without some proof of naturalization, and that he has told Mr. Murray himself that such were the instructions he had received from his own government.