No. 182.
Mr. Evarts
to Mr. Welsh.
Washington, July 24, 1878.
Sir: The Department’s instruction No. 100, of the 1st instant, recited for your information the joint resolution of Congress of the 15th ultimo, in relation to the case of Edward O’M. Condon, and gave to you certain directions as to the course to be observed toward Her Majesty’s Government with respect to the contemplated investigation. Subsequently, on proceeding to carry out the purpose of that resolution by providing for an impartial and discreet investigation into the circumstances attending the conviction of the prisoner with a view to ascertaining if any evidence is offered or obtainable which might justify an appeal for a new trial, it was deemed advisable to instruct you to defer action on that instruction, and the telegram of the 8th instant was accordingly sent to you.
In execution of the request contained in the resolution, the Department, by the President’s desire, has requested * * * to proceed to England without delay, in order to enter promptly upon the required investigation, and to omit no attention to the inquiry pointed out in the joint resolution which may promise beneficial results.
* * * has been instructed, however, before taking any steps in the direction of the proposed investigation, to report to you in order to obtain your needful counsel and co-operation in the delicate mission with which he is charged.
* * * * * * *
If the result of * * *’s investigation shall make it probable that full justice failed to be done to the prisoner on his conviction, and if, upon a candid statement of the proofs now accessible, it should be reasonably probable that the prisoner’s innocence of the crime of which he was convicted could be shown, you will be put in possession by * * * of all the facts. Should you entertain the opinion that these facts bear the import which I have suggested you will present them to the proper authorities for their consideration. This government cannot doubt of [Page 281] the disposition of Her Majesty’s Government to meet the case presented with the most favorable purposes in the prisoner’s behalf that the facts laid before them will warrant. If, however, the result of the investigation should saitisfy * * * and yourself that there is no fair support to the opinion that there was any failure of justice in the conviction, and that no new facts can be proved that would make Condon’s innocence appear, the good offices of the government will be directed to a renewed appeal to the clemency of the British Government.
The President has every desire that the investigation shall result to the enlargement of the prisoner, and in any event shall satisfy him and his friends that every proper step has been taken in his behalf to accomplish the purposes of the joint resolution of Congress. It is particularly advisable that nothing be done which might give the government of Her Majesty even colorable grounds for regarding the action now taken as in any sense an interference in the domestic judicial administration of another state, the sole object being to discover, if possible, whether any presumption of innocence exists in favor of the prisoner, which, if he were a British subject, and the evidence in his behalf came through the usual channels of British law, might reasonably operate to secure him the relief comtemplated.* * *
I am, &c.,