Mr. Seward to Mr. Burnley
Sir: I have carefully considered the communication concerning the society called by the name of the Fenian Brotherhood, which, by order of her Majesty’s government, you addressed to me on the 14th of March instant.
In that paper you have denounced the aforesaid society as an extensive conspiracy carried on in the United States, having for its object to promote rebellion in Ireland, and to forward from the United States assistance to the rebels in money, men, and arms.
You have further stated that the accounts given in the public papers of what passed in public meetings held in the United States for their avowed objects, coupled with allusions to the means by which they are to be carried out, must surely have attracted the attention of the government of the United States, and her Majesty’s government might reasonably have expected that while the government of the United States so loudly protests against the proceedings of confederate agents in Great Britain, which are conducted with the utmost secrecy, and while it imputes blame to the British government for not having put a stop to practices of which they have had no previous knowledge, and for not exerting powers of repression beyond the law, the United States should at least have signified their disapprobation of such hostile declarations against the peace and security of the Queen’s dominions. Pursuing the same line of argument, you have observed, that on the contrary of what in your judgment might thus have been expected, it is notorious that an officer of the army of the Potomac, Colonel J. H. Gleason, formerly of the Irish brigade, was recently allowed to absent himself from his military duties for a period of twenty days, by the Secretary of War, in order that he might have time to attend one of the meetings of the Fenian Brotherhood appointed to be held at Chicago; and still more recently, at New Orleans, Attorney General Lynch attended a local Fenian meeting on the 28th of January and took an active part in its proceedings.
You hate further remarked, that whatever may be thought of the public meetings thus referred to as an unmistakable sign on the part of those who attend of hostility to Great Britain, it might, perhaps, be difficult, under the Constitution of the United States, to prevent or to interfere with such meetings. But the attendance of persons in the military or civil employment of the general government of the United States, or of the government of any particular State in the Union, would seem to show that the government itself participates in their feelings of hostility to Great Britain. Standing upon this argument, you have informed me that her Majesty’s government trust that the attendance of military and civil officers in the employment of the United States government and of the State governments at the meetings of the Fenian Brotherhood will be disapproved by the government, and will not in future be permitted.
The task of replying to these representations is rendered easy by the admission contained in them, in regard to the Constitution of the United States. That Constitution does guarantee to the people the right of assembling peacefully [Page 104] to discuss all questions, political as well as social, foreign as well as domestic. That right has only one limitation. The popular assembly must not disturb the public peace or violate the laws of the land or the law of nations. It has not appeared, and it is not represented in your communication, that any corpus delicti has been produced against the Fenian Brotherhood. Whatever be their purpose, it is not alleged or even understood that they have instigated any insurrection in Ireland, or sent out from the United States, for such a purpose, to that country or elsewhere, any money, men, or arms, or that any sedition or rebellion actually exists in Ireland. Should they attempt to violate the neutrality laws in regard to Great Britain, the laws of the United States, and regulations already sanctioned by the President, are ample to prevent the commission of that crime.
It is thus seen that a case has not arisen in which this government could with right, or ought to, interfere with the meetings of the Fenian Brotherhood. I may properly add that this government has no sufficient grounds to apprehend that any such case will occur, unless renewed and systematic aggressions from the British ports and provinces should defeat all the efforts of this government to maintain and preserve peace with Great Britain. Under these circumstances, any attempt to visit the Fenian Brotherhood with official censures is unnecessary, and therefore, in the belief of this government, would be as unwise as it would be manifestly unconstitutional. The attorney general of the State of Louisiana is responsible to the State government and the people of that State, exclusively of this government.
Colonel Gleason did, indeed, have leave of absence from the army for twenty days, but that leave was granted in the ordinary course of administration, without any knowledge by the War Department, or any other department of this government, that he was to attend a meeting of the Fenian Brotherhood. In the present view of the case, while this government has no hesitation in assuring the government of Great Britain that no hostilities will be allowed to be committed against any portion of that country, it does not think that the interests of international peace require any special proceedings in that direction.
I must be excused for leaving unnoticed the allusions which your note contains in regard to an assumed hostility of this government towards Great Britain, and J pass over in the same manner the allusion which you have made to the many well-founded complaints which this government has heretofore presented of aggressions committed by British subjects against the peace and sovereignty of the United States. This government could not consent to weaken those complaints by entering, although even more directly invited, into an argument of recrimination.
I have the honor to be, with high consideration, sir, your obedient servant,
J. Hume Burnley, Esq., &c., &c., &c.