Mr. Adams to Mr. Seward.
Sir: The event of the week has been the application of ministers to Parliament for a suspension of the habeas corpus in Ireland. The reason given for this strong measure is the spread of the Fenian organization, in spite of all the efforts made to check it by ordinary legal means. The explanations were made simultaneously in both houses on Saturday, an unusual day for transactions of other than mere formal business, and the necessary measures were passed with a rapidity believed to be unexampled even in the worst preceding cases.
The object of this haste was acknowledged to be a desire to pounce, without a moment’s warning, upon numbers of native Irishmen in Dublin, and elsewhere, claiming to be naturalized American citizens, yet conducting themselves so cautiously as to furnish no ground for legal proceedings against them; and at the same time involved in suspicion of privity in the conspiracy which is believed to be going on, gaining force every day. Hence there is reason to believe that the necessary sanction was scarcely passed through its forms, before hundreds of suspected men were swept into prison, without a reason assigned, or a moment’s time given for deliberation or the production of evidence to show their freedom from any criminal intent.
The first effect of this proceeding was an appeal to the acting consul at Dublin, Mr. West, from a number not only of those actually arrested, but also of others feeling themselves liable at any moment to be taken with equal suddenness, for protection, as being naturalized citizens of the United States. Mr. West immediately sent by telegraph to me a request for advice and direction. I replied at once recommending him generally to pursue the same line of conduct marked out in my former letters, with such modifications as the change of circumstances might make necessary. This has been followed up in a regular correspondence, more in detail, by letters, which is going on down to this moment. I presume that Mr. West makes his own reports to the department, thus putting you in possession of the facts as they daily happen.
One of the gravest difficulties presented to me in this proceeding grows out of the conflicting views of allegiance entertained in the two countries. Here the courts adhere to the old doctrine generally held in Europe, that it is indefensible. We, on the other hand, maintain the absolute right of expatriation. Hence we are in some danger of a renewal of the dispute of half a century since, and, perhaps, of a similar issue, if the government here does not take care to temper its harsh measures of prevention with a discriminating regard for the possible innocence of those whom they may associate with the guilty. I cannot say that the position taken by Sir Thomas Larcom, the lord lieutenant’s under-secretary, in his note to Mr. West, in reply to his first letter, favors the notion of much wisdom at headquarters just now. If the government begins by reversing the established principles of English law, and assuming every stranger taken to be guilty, until his own representative proves him to be innocent, it will be difficult to avoid some rather strong notice of this novelty in our international relations. I can scarcely imagine that such a doctrine will be [Page 70] seriously adhered to. Mr. West has already remonstrated against it, and I propose to confirm his action in this particular, with a hint that if persisted in I shall feel compelled to make it a subject for representation to my government.
On the other hand, there is some reason to believe that many of these people now under arrest are really more or less implicated in the organization which has its affiliations in both countries, and its object the subversion of British rule in Ireland. They are also astute enough to be capable of contriving means of raising a complication between the two nations, out of the questions that may follow from any abuse of the extraordinary powers of repression now resorted to here. This would suit their views exactly. My impression of the best course to pursue to meet this danger is frankness, and, if possible, the establishment of such a clear understanding with the ministry as may secure really innocent persons from the danger of serious annoyance, whilst it will leave it free to deal with unquestionable offenders as it shall think fit.
Of course, in expressing these opinions, it is always to be understood that no action is to be taken upon them by me, so far as to commit the government in the absence of special instructions. I am strongly in hopes that nothing will happen to call for the exercise of much discretion in advance of the moment when you have it in your power to furnish all that will be necessary for a decision.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.