Mr. Seward to Mr. Adams
Sir: I have to acknowledge the receipt of your despatch of the 9th of November, No. 1478.
The occurrences at Manchester must be regarded as unfortunate. It is not to be denied that the case involved a great crime against municipal law. At the same time, the nature of that crime is liable to be overlooked in this country in the political character which the Fenian proceedings everywhere assume. There is a period in the history of every popular cause when severity loses its restraining effect, and terror lends strength to the revolutionists. Under this view of the subject, I instructed you on the 19th instant to solicit clemency for Michael O’Brien and Edward O. McCondon, convicted at Manchester.
The proceedings in the case of Colonel Warren, at Dublin, are the subject of even more serious concern. The court on the trial of Warren pronounced British allegiance indefeasible, and claimed, by virtue of that indefeasibility, to hold the prisoner amenable, as a British subject, to that court for acts done in the United States which are not forbidden by our own laws or by international law, and for which, even by British law, they do not claim he would be responsible if not a subject of Great Britian. The United States hold, on the contrary, that in such case he, being a naturalized citizen of the United States, is not amenable to the courts of Great Britain or any foreign tribunal. I regret, exceedingly, that such an issue has been raised between the two countries. I [Page 177] shall not now stop to inquire whether this solemn conflict with our naturalization laws has been necessarily declared in the trial of the case of Warren, or whether it might have been wisely left undeclared, nor shall I now wait to remove from the question the embarrassment with which it is encumbered by the citation of certain American judicial authorities and commentators. I content myself, for the present, therefore, with informing you that the pretension of the Irish court cannot be allowed by this government.
I shall have occasion soon to address you more fully upon the subject.
I am, sir, your obedient servant,
Charles Francis Adams, Esq., &c., &c., &c.