Mr. Adams to Mr. Seward
Sir: It was not until Thursday of last week that any doubts were entertained here as to the policy of the government towards the prisoners in Ireland who had been tried and condemned to die for their share in the latest attempt at insurrection. On Friday I received from Dublin a report of the reply of the lord lieutenant to the deputation which waited upon him to urge a remission of the extreme penalty, and it seemed so positive and unequivocal in its refusal that I felt at once the necessity of some action under your special instructions. At the same time the rumor became current here that the question, after deliberate consideration in a full cabinet, had been determined by the vote of a majority in favor of a most rigorous course.
On Friday morning I received from the legal adviser of John McCafferty, one of the two prisoners, an elaborate opinion, given by Mr. Butt, the distinguished counsel engaged in his defence, pointing out the precise condition of the case, and the remaining doubt of the perfect legality of the conviction which might yet be raised in his behalf by a proceeding in appeal to a higher court. [Page 96] At the same time that Mr. Butt dwelt upon this weak point of the proceedings, he expressed a most unequivocal opinion upon the general fairness of the trial and the impossibility of making any ground of remonstrance against it as in violation of the principles of international law. He thought, however, that if the government were to refuse its assent to a writ of error, that might constitute good cause for intervention on the part of the United States. At the time of writing, however, it is proper to say that Mr. Butt fully believed it was not the intention of the government to exact the last penalty.
Under these circumstances, I took the responsibility to write at once to Mr. West, giving him directions to authorize an application for a writ of error at the expense of the United States, whilst at the same time I addressed a note to Lord Stanley, a copy of which I now have the honor to transmit.
In stating the case of Burke I presume him to be one of the persons of that name who served in the war, and whose name is found in the army list. But the fact is certain that no application for protection has been made by him to the consul; neither is anything positively known of his past history. I learn to-day that, so far from being an upholder of the government, he was a very determined and obstinate rebel, refusing to take the oath of allegiance at the close of the war.
Be this as it may, the public feeling, both here and in Ireland, became at once so much excited by the news of the decision of the ministers, that strong deputations of members of Parliament and others were immediately organized and set in motion to procure a reconsideration of the decision. The result was a consultation of the cabinet on Saturday, at which it was determined to commute the sentences to imprisonment for life.
A copy of Lord Stanley’s note of the 26th instant, in answer to mine, and announcing this result, is herewith transmitted.
Under these circumstances, not deeming it expedient to carry further the legal proceedings previously contemplated, I have given to Mr. West the necessary directions accordingly.
There are still a few cases pending, the most difficult one being that of a youth of 17, by the name of McClure, a native of New York, who has been tried at Cork and pleaded guilty. He has also been sentenced to death, but I take it for granted that after the decision in these cases, no one less aggravated in its circumstances will fare worse.
The difficulty attending any action on my part in the precise circumstances has not been felt to be trifling. On the one hand, the unquestionable guilt of the parties, their very doubtful antecedents in our own struggle, and the want of proof of citizenship in the principal instance, impairing the legal force of any interposition whatever; and on the other, the danger of rousing the susceptibilities of the government and people here, already somewhat disturbed by a misconception of the sense of your application in Canada, as well as of implying menace where none was intended, rendered extreme caution necessary not to involve my principal by a misplaced word or a false step.
From the tone of the reply of Lord Stanley, I think 1 may trust I escaped the gravest part of the responsibility. If in the performance of your injunctions I shall have proved to have met the expectations of the President, I shall then feel myself in every respect fully relieved.
I have the honor to be, sir, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.