No. 128.
Mr. Lowell to Mr. Frelinghuysen.

No. 393.]

Sir: Referring to my telegram of the 20th of May last, in which I stated that I had read your No. 366 to Lord Granville and left a copy with him on the 18th of that month, I have the honor to acquaint you that I have just received a letter from his lordship in reply to that dispatch, a copy of which I herewith inclose.

It will be observed that of the six alleged American citizens to which you invited my attention in that dispatch on the 25th of April last, Brophy has accepted his release on the condition proposed by the lord lieutenant, and McInerny has also been released from custody.

The remaining four suspects still remain in prison, viz, O’Mahoney, McSweeney, Slattery, and Gannon.

The certificate of naturalization which O’Mahoney produced to me expressly stated that it was granted on the ground of his service in the Navy, which was so clearly irregular that I do not consider him entitled to the privileges of American citizenship.

In the lists of persons detained in prison June 5,1882, under the statute 44 Victoria, c. 4, a copy of which accompanied Lord Granville’s note, and which I also inclose herewith, I do not find the names of any persons who have been arrested under that act and who have applied to me for protection excepting those mentioned in Lord Granville’s communication.

It will be observed that the British Government do not entertain the intention of bringing the four persons still remaining in prison to trial.

I have, &c.,

[Inclosure in No. 393.]

Lord Granville to Mr. Lowell.

Sir: Her Majesty’s Government have had under consideration Mr. Frelinghuysen’s dispatch of the 25th of April, a copy of which you were good enough to communicate to me on the 18th of May, in which the Secretary of State has invited attention to the cases of Messrs. O’Mahoney, McSweeney, McInerny, Slattery, Brophy, and Gannon, who are stated to be American citizens and have been detained in prison under the protection of person and property (Ireland) act, 1881. I have now the honor to state to you that I have been informed that in the case of five of these prisoners, namely, O’Mahoney, McSweeney, McInerny, Slattery, and Brophy, an order was issued by the Lord Lieutenant of Ireland on the 24th of April last that they should be discharged from custody on the terms of their leaving Ireland for America.

They all at the time refused to accede to these terms and were consequently detained in custody. Brophy, however, subsequently consented to go to America, and has been since released, and McInerny has also been released from custody.

Some doubt existed at the time as to the claim set up by John Gannon as an American citizen, but on being satisfied on this point later, his excellency made the same order in his case as that made in the case of the other five prisoners, viz, that he should be discharged if he consented to leave Ireland for the United States; a permission of which the prisoner has not availed himself.

Of the persons, therefore, on whose behalf application has been made by the Government of the United States, four still remain in custody, viz, O’Mahoney, McSweeney, Slattery, and Gannon.

In response to the desire expressed by the Government of the United States to be furnished with information as to the causes of their detention, I have the honor to forward herewith duplicate copies of a paper which has been laid before Parliament, [Page 285] containing a list of all persons detained in prison under statute 44 Vict., c. 4, in which are given in a separate column the grounds stated for their arrest in the warrant sunder which they are detained.

I beg leave to refer you to Nos. 4, 13, 27, and 74, in this list, under which will be found the particulars laid before Parliament as to the arrest of Messrs. O’Mahoney, McSweeney, Slattery, and Gannon.

In conclusion I have the honor to state to you that at present Her Majesty’s Government do not entertain the intention of bringing these prisoners to trial.

I have, &c.,