No. 258.
Mr. Hoppin to Mr. Frelinghuysen.

No. 647.]

Sir: Referring to my No. 641, of the 23d instant, I have the honor to acquaint you that O’Donnell, upon my interview with him on the 22d instant, was unable to tell me when or where his father was naturalized. I omitted to ask him, as I should have done, what was his father’s Christian name, and whether he continued to reside at Janesville, and, if not, where he lived after he removed from there.

As I was informed that he was no longer living, but that Mrs. O’Donnell was residing with some of the family in Ireland, and as it was clearly for the advantage of the son to have the facts as to his father’s naturalization ascertained, I addressed a note to his solicitor, Mr. Guy, on the 24th instant, asking him to aid me in this matter. To this note he replied on the 26th instant. I inclose a copy of this correspondence, by which you will observe that he virtually declines to make the inquiries that I suggested.

As it seems quite certain that the certificate of November 6, 1876, was issued to the prisoner, and not, as I once thought possible, to some other person of the same name, and as the Department of State will probably be governed by the opinion of Attorney-General Williams in Levy’s case (14 Op., 509, 1874, Williams) and in other cases since, that the finding of the court of probate as to the facts and conditions entitling O’Donnell to citizenship had the effect of a judgment and was conclusive, it is perhaps unnecessary to press these inquiries any further. I fear at any rate that I cannot, until after long delay, obtain any additional information in London in regard to the naturalization of the father of the prisoner.

I respectfully request to be instructed whether under these circumstances I shall consider the question of O’Donnell’s American citizenship to be settled in his favor.

I have, &c.,

W. J. HOPPIN.
[Inclosure 1 in No. 647.]

Mr. Hoppin to Mr. Guy.

Sir: Having been instructed by the Department of State to ascertain the citizenship of O’Donnell, I obtained permission from the home office and went to see him on the subject on Monday.

He claims citizenship upon the ground of his father’s having been naturalized in the United States, while he, Patrick, was yet a minor. He did not know when or where his father was naturalized.

I omitted to ask him as to certain facts which might enable us to ascertain the proper dates. Will you, therefore, be kind enough to inquire of him and to reply as soon as practicable as to:

1.
His father’s name.
2.
Is he still living?
3.
Where it is probable in the United States that he took out his naturalization papers.
4.
His mother’s name.
5.
Is she still living, and where does she reside?
5.
Would any of his family know the facts in the matter, and where may they be found?

I am, &c.,

  • W. J. HOPPIN,
    Chargé d’ Affaires ad interim.
  • Charles J. Guy, Esq.,
    Solicitor, &c., &c., &c.
[Inclosure 2 in No. 647.]

Mr. Guy to Mr. Hoppin.

Sir: I have had the honor to receive your favor of the 24th instant, and in reply I beg to say that I regret you did not consult Mr. O’Donnell’s solicitor before you had the interview with him, as well because one situated as he is should not be approached except in the presence or by leave of his legal adviser, as for the reason that you would have thus obtained more satisfactory information than you appear to have elicited from the prisoner. Harassed as he has been by detectives, and not knowing whom to trust, it is not surprising that he refused to communicate to an unaccredited stranger the real facts of his naturalization.

The details you solicit from me can be got only from America, and I shall obtain and communicate them at the earliest possible moment. Meanwhile you and your Government may rest assured that Mr. O’Donnell is an American citizen.

I have to add that lam informed by Mr. O’Donnell, that, yielding to continued pressure on him by the jail authorities (and at a time, when, concealing from him that his family and friends had engaged legal advocacy for him, they led him to believe he was without any other resource), he assented to an application of some sort being made to your embassy.

As my client is unable to read or write, and thus unable to check any thing purporting to have been written in his name, and the more especially as something purporting to be a reply from your embassy was read to, but not given to him, I beg now, as his solicitor, to request that you will favor me with a copy of any correspondence which has taken i>lace on this subject.

I am, &c.,

  • CHARLES J. GUY,
    Solicitor or Patrick O’Donnell.
  • W. J. Hoppin, Esq.,
    United States Legation, Victoria street, Westminster,
    Chargé d’Affaires ad interim.