Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 4, 1882
No. 123.
Mr. Lowell
to Mr. Frelinghuysen
.
London , May 3, 1882. (Received May 18.)
Sir: I have the honor to report that since my last dispatch on the subject of the persons claiming to be naturalized citizens of the United [Page 235] States now Imprisoned in Ireland, I bad an interview, by appointment, with Mr. Forster on Friday, 21st April, the results of which I have already communicated in substance by telegram. I assented that he should try the experiment of offering their release to all the so-called American suspects on condition of their going back within a reasonable time to the country they claim to have adopted, but I distinctly informed him that I was not authorized by my government to accept anything less than unconditional liberation, On my part I promised to have the prisoners informed, on my own responsibility alone, that “in case they should be released” forty pounds sterling should be at the disposal of each to pay his passage across the Atlantic. I accordingly instructed Messrs. Barrows and Wood, consuls respectively at Dublin and at Belfast; and Mr. Tinsly, consular agent at Limerick, to visit the prisoners and make known to them the offer. Two of them, McInerny and Slattery, were allowed three days to consider whether they would accept or not; the others, O’Mahoney, Gannon, and McSweeney, refused to be liberated on any terms whatever. Under whose advice or orders they were acting is a matter of very probable conjecture.
Meanwhile it is nearly certain that all the suspects, except those charged with crimes of violence, will be very shortly set at liberty, thus rendering nugatory the most effective argument in favor of disorder and resistance to the law. * * *
I inclose a copy of the correspondence.
I have, &c.,
Mr. Lowell to Mr. Barrows .
London , April 21, 1882.
Sir: You will please see without delay William Brophy, a suspect claiming to be art American citizen, confined in Naas jail, and say to him that “in case he should be liberated you have authority to pay him forty pounds sterling for his passage to the United States” for which sum you may draw upon me at sight.
I am, &c.,
Mr. Lowell to Mr. Wood .
London , April 21, 1882.
Sir: You will please see without delay Henry O’Mahoney, who is confined in Monaghan jail, and Daniel McSweeney, who is confined in Dundalk jail, both of whom claim to be American citizens, and say to each of them that “in case he should be liberated you have authority to pay him forty pounds sterling for his passage to the United States,” for which sum you may draw upon me at sight.
I am, &c.,
Mr. Lowell to Mr. Tinsly .
London , April 21, 1882.
Sir: You will please see without delay John McInerny and Patrick Slattery, suspects claiming to be American citizens and confined in Limerick jail, and say to each [Page 236] of them that “in case he should be liberated you have authority to pay him forty pounds sterling for his passage to the United States” for which sum you may draw upon me at sight.
I am, &c.,
Mr. Tinsly to Mr. Lowell .
Limerick , April 22, 1882.
Sir: I have the honor to acknowledge receipt of your letter of the 21st instant. In accordance with your instructions I called without delay at the county jail, and had. an interview with John McInerny and Patrick Slattery separately. I informed each of them that I had, as consular agent of the United States at-Limerick, received authority to pay him forty pounds sterling for his passage to the United States, in case he should be liberated. Each of them asked if the payment was to be conditional upon his leaving this country for America, to which I replied that I presumed it was. But to satisfy them I read the exact words from your letter without informing them from whom I received the letter or the instructions, as you marked your letter confidential. Neither of them would give a decided reply, but said they would think it over and give me their reply on Thursday next. It would be well to let me have clear instructions on that point as to conditions, and also a draft form of the receipt I am to take from them, or either of them in case they consent.
I remain, &c.,
United States Consular Agent.
Mr. Lowell to Mr. Tinsly .
London , April 24, 1882.
Sir: I have your letter of the 22d. It must be distinctly understood that this money is not offered to the prisoners to induce them to leave Ireland.
It is to be given them simply as an act of kindness to enable them, in case of their release without funds, to return to America.
I inclose the form of a receipt which you desire.
I am, & c.,
Received from J. R. Tinsly. esq., forty pounds sterling to enable me to pay my necessary expenses in reaching my home in the United States.
£40.
Mr. Barrows to Mr. Lowell .
Dublin , April 25, 1882.
Sir: I have the honor to acknowledge receipt of yours of the 21st. In obedience to your instructions to “see William Brophy” I called upon the under secretary and asked, for an order directed to the governor of Naas jail which would allow me to see Brophy privately. The courtesy was at once accorded me, and on yesterday I proceeded to Naas. Governor Gildea gave me a private room, where I saw Brophy, who, in the course of conversation, remarked that if released he could not undertake to leave under three or four months; that his mother-in-law died last May intestate, and that he and the other relatives are unable to agree on executors or administrators; that he came to Dublin from New York in 1877; returned to America once for about six months; does not deny that he was a Fenian in 1867, but declares positively that [Page 237] lie is not concerned in the present movement in any way whatever, nor does he belong to any society or organization; that he has five children, the youngest only five weeks old, his wife a delicate woman and unable to travel. He stated, finally, that he had no desire or intention of remaining in Ireland after the settlement of his private affairs, but he refused absolutely to accept release on the condition of his leaving for America.
His decision is emphasized by inclosed telegram, which I received from him this morning, wherein, you will observe, he refuses anything but unconditional release.
Awaiting your further instructions, I have the honor, &c.,
United States Consul.
Copy of telegram from William Brophy to American consul.
April 24, 1882.
Will accept my release unconditionally; not otherwise.
Mr. Tinsly to Mr. Lowell .
Limerick , April 25, 1882.
Sir: I have the honor to acknowledge receipt of your letter of the 24th instant. In compliance with a request from the prisoners John McInerny and Patrick Slattery, to call at the jail to-day, I did so, and had an interview with them. They said as it was to benefit their health they came to Ireland, and neither of them feeling well, they would not be disposed at present to return to the United States even if they were to be liberated from prison.
I distinctly informed them that I held out no inducement to them to leave Ireland, but if they were liberated and wished to return to America, I was authorized, as an act of kindness, to pay to each of them the amount I previously named to pay their passage and other expenses, as they may not have funds to enable them to do so. The matter now stands as I have stated.
I remain, &c.,
United States Consular Agent.
Mr. Wood to Mr. Lowell .
Belfast , April 26, 1882.
Sir: I have the honor to report the proceedings taken under the instructions of your letter of the 21st instant, in respect of the communication to be made to Henry O’Mahoney and Daniel McSweeney, now confined respectively in Her Majesty’s prisons at Monaghan and Dundalk. The letter was received by me at so late an hour on Saturday, the 22d instant, as made it impracticable to reach either of the two places on that day, and no communication was available on Sunday. I was not able to go in person. Mr. Samuel P. Brown, a consular clerk, holding the commission of the President, and now on duty at this consulate, was accordingly delegated by me, under suitable instructions, to perform the service. He left Belfast on Monday morning, the 24th instant, and returned last evening. A copy of the report of his proceedings is herewith submitted. I have every reason to believe that the object of your instructions was most discreetly and faithfully accomplished.
In the event that either O’Mahoney or McSweeney should be liberated, I shall make the payment (on application therefor) of the sum named in your letter, unless I shall be otherwise instructed.
I am. &c.,
Mr. Brown to Mr. Wood .
Sir: In compliance with your instructions, I left Belfast at 9 a. m., on Monday, the 24th instant, for Monaghan, and arrived there about 12 m. I at once proceeded to Her Majesty’s prison and requested an interview with the prisoner Henry O’Mahoney. The warden of the prison received me with courtesy, and at once sent for Mahoney. I then communicated to the latter the statement of Mr. Lowell’s letter. Mahoney seemed undecided whether he would accept the terms implied in that communication as to his departure for America. It did not appear that he had any information that he had been or was to be pardoned.
On leaving Monaghan I was obliged, in order to reach Dundalk that evening, to drive to Clones. On reaching Dundalk it was too late for an interview with the prisoner Daniel McSweeney, but I was able to arrange for an interview on the following morning. This took place about 11 o’clock a. m. Before making Mr. Lowell’s communication to McSweeney, he at once said that he would not accept his liberation on the condition of returning to the United States.
In both these cases the prisoners observed that the departure for the United States was a condition of their liberation, although no communication beyond the words of Mr. Lowell’s letter was made. The warder at Dundalk gave me a copy of a letter, dated the 24th instant, from Dublin Castle (which is hereto appended), advising him of the liberation of McSweeney on condition of his leaving Ireland for the United States. I was advised that it had not, at the time of my interview, been made known to McSweeney.
In view of the indecision of O’Mahoney and the declaration of McSweeney as to the acceptance of liberation on the condition of proceeding to the United States, I informed them, agreeably to your instructions, that the consul at Belfast would carry out Mr. Lowell’s instructions as to the payment of the money to each of them in case they were liberated by Her Majesty’s Government, provided he should not in the mean time receive instructions revoking his authority in this respect.
I am, &c.,
United States Consular Clerk.
Mr. Burke to the Governor of Dundalk Jail.
Sir: I am directed by the lord lieutenant to inform you that his excellency has been pleased to order the release of Daniel McSweeney, a prisoner in your custody, under the provisions of the protection of persons and property (Ireland) act, 1881, upon his signing the following undertaking:
“I hereby undertake, if released from prison, that I will leave Ireland forthwith and return to America.”
You will please inform the prisoner that if after signing this undertaking he does not leave Ireland in such a short time as is a reasonable interpretation of “forthwith” he will be rearrested.
You will please hand to prisoner a copy of this letter.
I am, &c.,
Mr. Lowell to Mr. Barrows .
London , April 26, 1882.
Sir: I have to acknowledge the reception of your two letters of yesterday with accompanying papers.
You will understand, of course, that the money offer I instructed you to make was not intended as an inducement for the prisoner to leave Ireland, but simply as a provision for his expenses to America in case he should be released by the government here.
I am, &c.,
Copy of telegram from Lowell, Minister, London, to Barrows, United States Consul, Dublin, dated April 27, 1882.
You will of course understand that the offer mentioned in my letter of twenty-first is now absolutely withdrawn.
Copy of telegram from Lowell, Minister, London, to Wood. United States Consul, Belfast, dated, April 27, 1882.
Your letter of twenty-sixth received. You will please understand that the offer is mow withdrawn absolutely in all cases.
Copy of telegram from Lowell. Minister, London, to Tinsly, Consular Agent, Limerick, dated April 26, 1882.
Your letter of twenty-fifth received. You will understand, of course, that the offer is now absolutely withdrawn.