No. 3.
Convention between Her Majesty and the United States of America, supplementary to the convention of May 13, 1870, respecting naturalization.—Signed at Washington, February 23, 1871.

Whereas by the second article of the convention between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the United States of America for regulating the citizenship of subjects and citizens of the contracting parties who have emigrated or may emigrate from the dominions of the one to those of the other party, signed at London on the 13th May, 1870, it was stipulated that the manner in which the renunciation by such subjects and citizens of their naturalization, and the resumption of their native allegiance, may be made and publicly declared, should be agreed upon by the governments of the respective countries; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the President of the United States of America for the purpose of effecting such agreement, have resolved to conclude a supplemental convention, and have named as their plenipotentiaries, that is to say: Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Edward Thornton, knight commander of the most honorable Order of the Bath, and her envoy extraordinary and minister plenipotentiary to the United States of America, and the President of the United States of America, Hamilton Fish, Secretary of State, who have agreed as follows:

Article I.

Any person being originally a citizen of the United States who had, previously to the 13th May, 1870, been naturalized as a British subject, may at any time before the 10th August, 1872, and any British subject who, at the date first aforesaid, had been naturalized as a citizen within the United States, may, at any time before the 12th May, 1872, publicly declare his renunciation of such naturalization by subscribing an instrument in writing, substantially in the form hereunto appended and designated as Annex (A).

Such renunciation by an original citizen of the United States of British nationality shall, within the territories and jurisdiction of the United States, be made in duplicate, [Page 268] in the presence of any court authorized by law for the time being to admit aliens to naturalization, or before the clerk or prothonotary of any such court; if the declarant be beyond the territories of the United States, it shall be made in duplicate before any diplomatic or consular officer of the United States. One of such duplicates shall remain of record in the custody of the court or officer in whose presence it was made; the other shall be, without delay, transmitted to the Department of State.

Such renunciation, if declared by an original British subject, of his acquired nationality as a citizen of the United States, shall, if the declarant be in the United Kingdom of Great Britain and Ireland, be made in duplicate, in the presence of a justice of the peace; if elsewhere in Her Britannic Majesty’s dominions, in triplicate, in the presence of any judge of civil or criminal jurisdiction, of any justice of the peace, or of any other officer for the time being authorized by law, in the place in which the declarant is, to administer an oath for any judicial or other legal purpose; if out of Her Majesty’s dominions, in triplicate, in the presence of any officer in the diplomatic or consular service of Her Majesty.

Article II.

The contracting parties hereby engage to communicate each to the other, from time to time, lists of the persons who, within their respective dominions and territories, or before their diplomatic and consular officers, have declared their renunciation of naturalization, with the dates and the places of making such declarations, and such information as to the abode of the declarants, and the times and places of their naturalization, as they may have furnished.

Article III.

The present convention shall be ratified by Her Britannic Majesty and by the President of the United States, by and with the advice and consent of the Senate thereof, and the ratifications shall be exchanged at Washington as soon as may be convenient.

In witness whereof, the respective plenipotentiaries have signed the same, and have affixed thereto their respective seals.

[l. s.]

[l. s.]

Annex (A).

I, A. B., of (insert abode), being originally a citizen of the United States of America (or a British subject), and having become naturalized within the dominions of Her Britannic Majesty as a British subject (or as a citizen within the United States of America), do hereby renounce my naturalization as a British subject, (or citizen of the United States), and declare that it is my desire to resume my nationality as a citizen of the United States (or British subject).

A. B.

Made and subscribed before me, —— ——, in (insert country or other subdivision, and State, province, colony, legation, or consulate), this —— day of ——, 187—.

E. F.,
Justice of the Peace (or other title).

[l. s.]

[l. s.]
[Inclosure 2 in No. 351.]

Mr. Brophy to Mr. Barrows.

Mr. Consul—Sir: I was arrested on the 4th of March last, on the lord lieutenant’s warrant. I now demand the protection of the American Government as an American citizen either to have my release or a speedy trial. I inclose my papers of citizenship.


(Inclose certificate of supreme court of New York of citizenship of William Brophy, dated October 9, 1868.)

[Page 269]
[Inclosure 3 in No. 351.]

Mr. Lowell to Mr. Barrows.

B. H. Barrows, Esq.,
United States Consul, Dublin, Ireland:

Sir: I have to acknowledge the reception of your letter of the 12th, inclosing communications from William Brophy, at present confined in Naas jail, with a copy of his naturalization certificate, and from John L. Gannon, imprisoned in Galway.

I shall give my attention to these cases. Meanwhile will you kindly inform me the cases stated in the warrant for Brophy’s arrest.

I am, &c.,

[Inclosure 4 in No. 351.]

Mr. Gannon to Mr. Barrows.

The American Consul,
Consulate, Dublin:

Sir: As I observe by the newspapers that representations are being made by the American Government on behalf of the American citizens who are imprisoned under “coercion act” in Ireland, I beg to put the facts of my case in your hands, that you may have attention drawn to it through Mr. Lowell, the American minister. I am imprisoned in this jail, under the “coercion act,” since May 7, 1881, on suspicion of being one of an unlawful assembly. I have never been brought to trial, nor do I know anything of the charge against me, nor of my accuser.

I am a native American citizen, having been born at Hampton Hill, State of Conuecticut, on the 13th December, 1852. My birth was duly recorded by Dr. Dyer Hughes. The governor of the State at the time was, I think, Governor Cleveland. Will you kindly forward these facts at once to the proper quarter, and have attention drawn to my case, as I am now eleven months imprisoned here without trial.

A note in reply will confer a favor on

Yours, &c.,


(Forwarded by Consul Barrows, April 12, 1882.)

[Inclosure 5 in No. 351.]

Mr. Slattery to Mr. Lowell.

J. R. Lowell, Esq.:

Honored Sir: I received your letter of the 4th of April, stating that you brought my case to the attention of the British Government, and I am extremely obliged to you for doing so. But I have not heard a word from the British Government since about it. And I again ask you with the greatest confidence to call their attention again to it, and to get me a speedy trial at once, or else an unconditional release.

Hoping to hear from you again at your earliest convenience,

I have, &c.,

[Inclosure 6 in No. 351.]

Mr. O’Mahony to Mr. Lowell.

Honorable Sir: Herewith inclosed is my naturalization papers for your consideration; kindly let me know if I am entitled to the protection of an American citizen or not; if I am, I would wish to be granted a right of trial, as I have over eight months spent in prison as a reasonable suspect. If I am not entitled to the protection of an [Page 270] American citizen kindly return me my papers and state your objections. I am necessarily compelled to forward this letter through my wife in order to forward the papers and get it registered.

A reply at your earliest convenience will oblige,

Yours, respectfully,


To Minister Lowell,
United States Consul, London.

(Inclosure:) A certificate from the court of Erie County, New York, of Henry O’Mahony’s citizenship, dated February 25, 1880.

[Inclosure 7 in No. 351.]

Mr. Lowell to Mr. O’Mahony.

Mr. Henry O’Mahony,
Monaghan Prison:

Sir: I have to acknowledge the reception this day of your letter of the 20th instant, inclosing a certificate from Erie County court, New York, of the naturalization of Henry O’Mahony, and I beg to say that your case, with that of others, is under consideration at the Department of State at Washington.

I am, your obedient servant,

[Inclosure 8 in No. 351.]

Mr. Lynam to Mr. Lowell.

Sir: I beg to inform you I served the United States flag in the Regular Army, and was honorably discharged at Fort (illegible) August 5, 1870. I served in Capt. Charles A. Wikoff’s company, E, Eleventh Infantry; the late General Gillam was my colonel; I held the rank of first sergeant. I am now detained as a suspect in a British jail. I trust you will demand my trial or release. It is disgraceful the way Americans are treated. I am a citizen of the United States, but I lost my papers. If you will kindly communicate with the War Department at Washington, you will find my statement correct. I have written to the chief secretary for Ireland about the matter. I hope you will bring my case under his notice.

Respectfully, yours,

[Inclosure 9 in No. 351.]

Mr. Lowell to Mr. Lynam.

Sir: I have the honor to acknowledge the reception of your letter of the 22d instant.

It will be necessary before I can make any application on your behalf that I should have the proper proof that you are a citizen of the United States.

It will not be sufficient for me to obtain from the War Department at Washington a statement that you have served in the United States Army, and were honorably discharged. This service does not make you a citizen, although it facilitates your application to become one.

It will be necessary for me to have the original or a certified copy of the order for your naturalization.

Will you, therefore, kindly obtain from the court in the United States in which this order was obtained a certified copy of it and forward the same to me.

I am, your obedient servant,

[Page 271]
[Inclosure 10 in No. 351.]

Dear Sir: I see by the Freeman Journal of the 27th of April, where Mr. Orth stated, during the debate on American citizens confined in British prisons, that. I held an office in Great Britain when arrested.

Now, sir, I claim that whatever source Mr. Orth received such information from misinformed him; and in justice to me I must respectfully ask you to contradict it.

When Colonel Brooks (United States consulate at Queenstown) called on me last June at Limerick prison, Mr. Eagan (who is governor of that prison) tried to prejudice my case by saying that I held an office in this country, and evidently whoever furnished Mr. Orth or the Department of State at Washington with such information, was prompted by the same motives.

The position I held then and does hold now (and which I explained to Colonel Brooks) is that of a poor-law guardian; it is a position that an American, German, Russian, or any other man may hold, provided he resides in the township, occupies premises rated to a certain amount, and elected by the people. His duty is to administer to the wants of the poor for a period of not over one year, except rellected: he receives no remuneration for his services, and no oaths of office required; therefore I cannot see how it could prejudice my cas as far as claiming protection as an American citizen; on the contrary, it clearly proves that I don’t belong to the class which coercion was intended, viz, village tyrants and dissolute ruffians, as no man is elected to that position except a respectable man and a man who possesses the confidence of the people.

And it seems that all the information that could possibly be furnished from this side of the Atlantic to the Department of State at Washington to prejudice the cases of American citizens confined in British prisons has been furnished, and hence our long confinement without trial.

I would respectfully draw your attention to a cumunication of mine last July, requesting you to grant me a trial, which I believed then and now I ought to be entitled to. Your reply was that I should show there was some exceptional injustice done me before calling on you to intervene, and also that, in your opinion, when a man violates the law of the country he should be held amenable to the law he violated. In reply to the first part of your letter, it was impossible for me to show the injustice done me while I was locked in a convict’s cell, deprived of all communication with the outer world, even to a member of the United States House of Representatives or the British House of Commons.

As to the second part of your letter, if, as you imagine, I was guilty of violating the law, why not grant me a trial, convict, and punish me. It is true I have been punished severely, but without crime, trial, or conviction, and I challenge the British Government to-day to grant me an impartial trial and prove that I have violated the laws of any civilized country.

In your letter of the 25th instant you stated that my case was under consideration at the Department of State at Washington. I claim, sir, that it is impossible for my case to be favorably considered while representations are made to them that I hold an office in Great Britain, and consequently I am not entitled to the protection of an American citizen, and probably they (the Department of State) considers the source from which they receive their information from reliable. Therefore, I must again ask you, in justice to me, and I hope in the discharge of your own duty, immediately contradict such misrepresentation.

I am, sir, yours, respectfully,


J. R. Lowell,
United States Ambassador, London.