Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Thirty-ninth Congress, Part I
Mr. Seward to Mr. Adams.
Sir: I enclose, herewith, a communication of the 21st instant from Mr. Joshua T. Owen, of Philadelphia, in regard to the alleged improper detention at Dublin of Michael Kirwan, late colonel in the United States army, by the british government. I will thank you to bring the case to the attention of the Karl of Clarendon, and request that the matter may be investigated, with a view [Page 110] either to the release of Mr. Kirwan or an explanation of the determination which may be considered sufficient to prolong his imprisonment. I have been hoping for an answer to my claim upon the subject of naturalized Irishmen. The subject is of great importance, and the delay of adjustment is regarded with a sense of concern.
I am, sir, your obedient servant,
Charles Francis Adams, Esq., &c., &c., &c.
Mr. Owen to Mr. Seward.
Sir: I have the honor to submit to you the enclosed papers and statement of the grievances of Colonel Michael Kirwan, late of our army, and to ask for your interposition in his behalf with as much expedition as you may judge the circumstances of the case demand at your hands.
Statement.
Colonel Kirwan served with distinction in the cavalry, having entered the service originally as a private in the twenty-fourth regiment Pennsylvania volunteers, which I commanded. In January last, after having been honorably discharged from the service of the United States, he concluded to visit Ireland, his native country, hoping thereby to recuperate his health, which had been much impaired by his arduous duties in the field. Shortly after his arrival there he was arrested by the British government and thrown into prison, where he has remained ever since. He knows not with what crime he is charged, and although he has formally applied for the interference of the American consul, he has thus far failed to obtain his release, the authorities claiming that he is a British subject.
The assumption that he is a subject of Great Britain is based upon the fact that he was born in Ireland. But you will see by reference to the document herewith enclosed that his father, John Kirwan, was admitted to become a citizen of the United States on the 29th day of October, A. D. 1856, while his son, Colonel Michael Kirwan, was under age, (he being but twenty-nine years old at the present time,) who, by the law of the land, became a citizen of the same upon attaining his majority. The government of the United States is, therefore, committed to his protection as such, and in honor bound to claim his release unless he has forfeited its protection by the commission of some crime. He emphatically denies that he has committed any act justifying his arrest; and, moreover, denies that any papers or anything was found upon his person or in his possession tending to implicate him in any revolutionary movement; but that, on the contrary, he was observing the laws of the land, and abstaining from all connection with suspicious persons.
He prays, therefore, that you will cause a demand to be made upon the government of Great Britain for his release from prison; and that you will also demand satisfaction for this great outrage upon a citizen and faithful servant of the republic.
I am, with great respect, your obedient servant,
Hon. William H. Seward, Secretary of State.
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Muster-in roll of Michael Kirwan, colonel of the thirteenth regiment,—brigade, of Pennsylvania cavalry volunteers, commanded by Major Michael Kirwan, called into the service of the United States by the President from the 15th day of July, 1864, (date of this muster,) for the term of three years, unless sooner discharged.
Name, Michael Kirwan; rank, colonel; age, 28.
Joined for duty and enrolled: when, July 15, 1864; where, Light-house Point, Virginia by whom enrolled, Captain C. Treichel: period, three years.
Remarks.—Promoted from major to colonel thirteenth Pennsylvania cavalry, vice Colonel S. H. Gallagher, discharged October 7, 1863.
This muster to date July 15, 1864.
I certify on honor that I have carefully examined the officer whose name is borne on this roll, and have accepted him into the service of the United States for the term of three years unless sooner discharged, from the 15th day of July, 1864.
I herewith certify that Michael Kirwan, late colonel thirteenth regiment Pennsylvania cavalry, was, on his leaving the service, in a delicate state of health from malarial and other influences, and that, in my opinion, it was judicious for him to visit Ireland for the sake of his health.
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United States of America:
Be it remembered, that, at the district court for the city and county of Philadelphia, held at Philadelphia, in the Commonwealth of Pennsylvania, in the United States of America, on the 29th day of October, in the year of our Lord 1856, John Kirwan, a native of Ireland, exhibited a petition praying to be admitted to become a citizen of the United States, and it appearing to the said court that he had declared on oath before the clerk of the court quarter sessions, on the 28th day of October, A. D. 1854, that it was bona fide his intention to become a citizen of the United States, to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatsoever, and particularly to the Queen of Great Britain and Ireland, of whom he was at that time a subject; and the said John Kirwan having on his solemn oath declared and made proof, &c., &c., that he had resided one year and upwards within the State of Pennsylvania, and within the United States of America upwards of five years, immediately preceding his application, &c., &c., and having declared on his solemn oath that he would support the Constitution of the United States, and that he did absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, &c., &c., and having in all respects complied with the laws in regard to naturalization, thereupon the court admitted the said John Kirwan to become a citizen of the United States, &c., &c.
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Received of Michael Kirwan twenty-five cents for personal tax and city taxes for the year 1861.
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Received of Michael Kirwan twenty-five cents for personal city taxes for the year 1858.
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We, the assessors of 20th ward, Philadelphia, Pennsylvania, do hereby certify that Michael Kirwan, a colonel in company—13th regiment Pennsylvania cavalry, has been duly assessed in said ward, and charged with ten cents county tax, in pursuance of the act of assembly entitled “An act to regulate elections by soldiers in actual military service,” approved August 25, 1864.
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Received, October 8, A. D. 1864, of Michael Kirwan, twenty-five cents in full of the county Ex assessed and charged against him under the act of assembly above mentioned.
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Muster-out roll of Michael Kirwan, major of the 13th regiment of Pennsylvania cavalry volunteers, commanded by Major Michael Kirwan, called into the service of the United Sates by the President, at Baltimore, Maryland, the place of general rendezvous, on the——day of July, 1862, to serve for the term of three years from the date of enrolment, unless sooner discharged, from the 29th day of February, 1865, (when last paid,) to the 14th day of July, 1864, when discharged.
Name, Michael Kirwan; rank, major; age, twenty-eight.
Joined for service, and enrolled at genera rendezvous: when, April 16, 1862; where, philadelphia, Pennsylvania; by whom, Lieutenant Pierce; period, three years.
[Page 112]Mustered into service: when, October 22, 1862; where, Baltimore, Maryland; by whom Colonel Beals.
Last paid by Paymaster Major Clarke; to what time, February 29, 1864.
Remarks.—Promoted from major to colonel, 13th Pennsylvania cavalry, vice Colonel S. H. Gallagher; discharged October 7, 1863.
This muster to date July 14, 1864.
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I certify on honor that I have at Light-house Point, Virginia, on this 20th day of July, 1864, carefully examined this roll, and, as far as practicable, caused the allowances, stoppages, and remarks to be justly and properly stated, and mustered the officer for discharge, and he is hereby honorably discharged from the service of the United States, to accept promotion.
[l. s.] Pennsylvania, ss:
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in the name and by the authority of the commonwealth of pennsylvania, andrew g. curtin, governor of the said commonwealth,
To all to whom these presents shall come, sends greeting:
Know ye that Michael Kirwan, of the county of Philadelphia, having been duly appointed by me, the said Andrew G. Curtin, colonel of the 13th regiment cavalry, Pennsylvania volunteers, mustered into the service of the United States, for the defence of the general government, I do commission him to rank as such, from the 7th day of October, A. D. 1863.
He is, therefore, carefully and diligently to discharge the duty of colonel, by doing and performing all manner of things thereunto belonging. This commission to continue in force until the same shall be lawfully determined or annulled.
By the governor: