No. 332.
Mr. Lowell
to Mr. Blaine.
Legation of
the United States
London, August 11, 1881.
(Received August 25.)
No. 235.]
Sir: I have the honor to inclose a copy of the
correspondence between Mr. Brooks, the United States consul at Cork, and
myself in relation ta the case of Mr. McEnery, a “suspect” confined in
Limerick jail under the so-called “coercion act.” I hope that the views I
have expressed in my letter in relation to the intervention of this legation
in Mr. McEnery’s case will meet with the approbation of the Department of
State.
I have, &c.,
[Inclosure 1 in No. 235.]
Mr. Brooks to Mr.
Lowell.
Consulate of the United States of America.
Cork, Ireland, July 30, 1881.
Sir: I have the honor to forward herewith the
naturalization papers and a passport of a John McEnery, now a political
prisoner in Her Majesty’s jail at Limerick.
[Page 546]
These papers were sent to me by Daniel McEnery of Abbeyfeale, County
Limerick, for the said John McEnery, accompanied by a letter appealing
for interference in his behalf by the proper authorities to secure his
release or a speedy trial.
As I understand it, my duty under p. 110 Consular Regulations will be to
satisfy myself that John McEnery has done nothing since his return to
Ireland to forfeit his acquired rights as a citizen of the United
States.
I cannot do this, however, without incurring some expense in visiting the
petitioner in the jail, as I did in the case of Henry O. Mahoney,
regarding whose claims I have as yet heard nothing from the
legation.
I am, of course, ready and willing to go to Limerick at once, if I can
thereby render any service to McEnery or to the United States
Government; but I respectfully submit that until some expression of
opinion by the legation or other proper authority is received by me
regarding these cases, I may be excused from incurring further expense
in attending to them. I add that there are several other cases to come
of the same kind (the exact number I do not know), from among the
prisoners at Limerick, and I do not wish to do anything to encourage
such applications unless it is proper and necessary so to do. I have, in
fact, discouraged them to some extent for the reason that I have
hesitated about the propriety of involving the legation or the
Department of State in any correspondence with Her Majesty’s Government
regarding these so-called “suspects.”
I have, nevertheless, an earnest desire, personally as well as
officially, to do anything and everything in my power to render proper
service to them as American citizens; and I may possibly be permitted to
express the opinion, in this connection, that some of these unfortunate
men would, under a speedy trial, be acquitted of the charges against
them and thereby be enabled to return to the United States.
I am, &c.,
[Inclosure 2 in No. 235.]
Mr. Lowell to Mr.
Brooks.
Legation of the United States,
London, August 3,
1881.
Sir: I have to acknowledge the receipt of your
letter of the 30th ultimo, inclosing the naturalization papers and
passport of John McEnery, a political prisoner in Her Majesty’s jail at
Limerick.
This is one of a number of cases in which parties desire my intervention
upon the allegation that they are American citizens; that they have done
nothing contrary to law, and that they desire a speedy trial.
The “coercion act,” so called, is an exceptional and arbitrary measure.
Its chief object is to enable the authorities to arrest persons whom
they suspect of illegal conduct, without being obliged to produce any
proof of their guilt. Its very substance and main purpose are to deprive
suspected persons of the speedy trial they desire. This law is, of
course, contrary to the spirit and foundation principles of both English
and American jurisprudence; but it is the law of the land, and it
controls all parties domiciled in the proclaimed districts of Ireland,
whether they are British subjects or not, and it is manifestly entirely
futile to claim that naturalized citizens of the United States should be
excepted from its operation.
The only possible case in which it would be proper for me to intervene
would be where an American citizen who is in Ireland attending
exclusively to his private business, and taking no part whatever in
public meetings or political discussions, should be arrested. In such a
case it would be proper to appeal to the courtesy of the government upon
the ground of mistake or misapprehension, and ask for the release of the
prisoner. It does not appear, however, that these reasons exist in any
of the cases that have so far been brought to my knowledge.
Unless I am instructed to the contrary by the Department of State, I must
take this view of my duties, and it is proper that you should give this
intimation to parties interested.
I am, &c.,
