Mr. Seward to Mr.
Adams.
No. 1753.]
Department of State, Washington,
May 1, 1866.
Sir: I enclose herewith a letter of the 26th of
April from the Hon. R. B. Hayes, a member of the House of
Representatives, accompanied by three other communications from
different sources, and the affidavit of Bartholomew Smith, in regard to
the alleged improper detention in prison, at Dublin, of his brother,
James Smith, who, it appears, has been arrested in Ireland on suspicion
of complicity with the movements of the Fenians. I will thank you to
invite the attention of her Majesty’s government to this case, and at
the same time to request that an investigation of it may be made with a
view either to his release or to an explanation of the reasons which
justify his continued imprisonment.
I am, sir, your obedient servant,
Charles Francis Adams, Esq., &c., &c., &c.
Mr. Hayes to Mr. Seward.
Thirty-ninth Congress, United
States House of Representatives, Washington, D.
C.,
April 26, 1866.
Sir: I have the honor to enclose herewith
papers showing that James Smith, a citizen of the United States,
residing in Cincinnati, Ohio, and born in that city, was on the 17th
day of February last arrested and imprisoned in Mount Joy, Dublin,
Ireland, “on suspicion of complicity with the movements of the
Fenians;’ that no trial or investigation of his case has been had;
that he is still in prison, and is likely to remain for an
indefinite period, unless the government of the United States takes
action in his behalf. I therefore request that proper steps be taken
to procure his release. I am personally acquainted with his brother,
Bartholomew Smith, and can say that the statements of his affidavit
enclosed may be relied upon.
Respectfully, your obedient servant,
R. B. HAYES, Member of Congress, Second District of
Ohio.
Hon. William H. Seward,
Secretary of State, &c., &c.,
&c.
[Page 116]
Mr. Groesbeck to Mr. Seward.
Cincinnati,
March 14, 1866.
Dear Sir: The brother of the bearer, James
Smith, who was a second lieutenant in the third artillery, United
States army, has been arrested in Ireland on suspicion of being
connected with the Fenian movement, and is yet in prison.
The bearer, Bartholomew Smith, is anxious to procure the relase of
his brother, believing that he was improperly arrested, and that he
can make it so appear without doubt. The writ of habeas corpus having been suspended in Ireland, and the
prisoner being for that reason in danger of a long confinement, the
bearer feels that he should do something at once, and I take the
liberty of soliciting for him any assistance which the State
Department may properly afford.
I have known Mr. B. Smith a long time and favorably, and I commend
his application to your attention.
Very respectfully,
Hon. William H. Seward, Secretary of State.
Mr. Pendleton to Mr. Speed.
Cincinnati,
March 15, 1866.
Sir: The bearer, Bartholomew Smith, is an
old resident of this city, and favorably known to most of its
citizens. He visits Washington to look after the interests of his
brother, Lieutenant James Smith, late of the third regiment of
artillery, United States army, who is now under arrest in Ireland
for alleged complicity with the Fenians. Mr. Smith, the prisoner,
served with great credit for six or eight years, and was promoted
from the ranks for gallant service during the late war. I am assured
that the object of his visit to Ireland can be made clear, and that
such a case can be made as would instantly secure his liberation.
Inasmuch, however, as the courts are closed by the suspension of the
habeas corpus, redress must be sought
through the political power. If in any manner the case should come
into your department, I beg to commend it to your most favorable
consideration.
Very respectfully,
Hon. James Speed, Attorney General.
Mr. Harris to Mr. Seward.
Mayor’s Office, City of Cincinnati,
March 17, 1866.
Dear Sir: Mr. Bartholomew Smith, who will
present you this letter, desires to visit Ireland for the purpose of
attempting to procure the release of his brother, James Smith,
formerly second lieutenant in third artillery, United States army,
who has recently been arrested in that country upon the charge of
being implicated in the Fenian movement.
Mr. B. Smith is of opinion that the charge against his brother cannot
be sustained, and is desirous of doing what he can in his behalf.
The present state of affairs in Ireland makes him anxious to give
such assistance as he can, as soon as may be. Such aid as he may
obtain from your department in visiting Ireland, without difficulty,
would be appreciated by him, and acknowledged by your obedient
servant,
Hon. William H. Seward, Secretary of State,
&c.
[Untitled]
The State of Ohio, Hamilton county, to wit:
Bartholomew Smith says that he is the eldest living brother of James
Smith, now confined in Mount Joy prison, Dublin, Ireland, on
suspicion of complicity with the movements of the Fenians; that the
said James was born on the 14th day of April, in the year 1831, in
the city of Cincinnati, and State of Ohio, where his parents then
resided; that he lived in the said city until about the year 1853,
when he went to California and Oregon. Soon after he enlisted in the
army of the United States, and continued in the service until last
October, when he resigned the lieutenancy, to which he had been
promoted. When James Smith left Cincinnati last October, it was for
the purpose of settling an estate of his uncle’s. He was not a
Fenian at that time, and had no complicity with them.
[Page 117]
Annexed:
The State of Ohio, Hamilton county, ss:
Personally appeared before me, the undersigned, a justice of the
peace within and for the township of Cincinnati, county of
Hamilton, and State of Ohio, having been duly elected and now in
office, and duly qualified by law, under the statute to
administer oaths, Bartholomew Smith, of lawful age, and long a
resident of the city of Cincinnati, county and State aforesaid,
who being duly sworn according to law, on his oath deposeth and
saith, that the statement by him subscribed, and unto which my
official jurat is attached, is a correct and true statement, to
the best of his knowledge and belief; he, the affiant, being an
elder brother of James Smith, and who (by letter received by me
through the Department of State at Washington, United States of
America) is now imprisoned in the city of Dublin, Ireland; and
further Says not.
Sworn to and subscribed before me in
the city of Cincinnati, county and
State aforesaid, on this 14th day of April, A. D.
1866.
JOHN L. POWERS, Justice of the
Peace.
Cincinnati,
April 13,
1866.
The undersigned state that they are well acquainted with the
above named Bartholomew Smith, and know him to be the person
he represents himself to be, and that his statements are
entitled to credence.
GEORGE H. PENDLETON.
J. L. VATTIER.
JOHN L. POWERS.
