and prudence, it has happened that occasions for collision upon the question in debate have not arisen. Indeed, it has seemed to be passing within the domain of those disputes which, in process of time, become harmless abstractions. 9 From the very nature of the conflict, however, it is one which, when once practically raised, finds a friendly adjustment only by concession on one side or the other, or both, in the form of a treaty, or of mutual legislation, or through some form of arbitrament. The answer of the lord lieutenant to the American consul, if it shall be adopted by her Majesty's government, must bring the question up for immediate solution. The lord lieutenant admits the right of the consul of the United States to visit and lend good offices to the prisoner under arrest upon a charge of treason, where he is a native-born citizen of the United States. The lord lieutenant denies the same privileges to the consul in the case of a native of Great Britain, who has been naturalized by the laws of the United States. But he concedes to the consul the privilege of corresponding with the accused in both cases. It will hardly be necessary to inform her Majesty's government that among these naturalized citizens of the United States, in whose behalf the good offices of this government are thus discriminated against by the lord lieutenant, are some who have borne arms in the defence of the United States in a war with public enemies. Her Majesty's government can conceive how impossible it would be for the government of the United States to agree to a denial or abridg ment of their right to extend to them the same natural protection and care which the United States extend to native-born citizens of the United States in similar cases. Practically there would seem to be no sufficient ground for the discrimination. Why should not the consul be allowed to visit an accused party with whom he is allowed to correspond? Why should not the United States consul be allowed to use his good offices in having the claim of the offender, based upon his natu ralization in the United States, brought to the consideration of the judiciary of Great Britain? What danger to her Britannic Majesty's government can be apprehended from allowing the right of visitation in the one case, and not in the other? The government of the United States is in one case, equally with the other, responsible for the good faith and loyal conduct of the consul. Under the existing circumstances, the insisting, by the British government, upon the discrimination mentioned, could not but be regarded as manifesting a willingness to join issue with the government of the United States upon the main question involved in the conflict. What advantage would result from this precipitancy, and would it serve to disarm, or weaken, or disperse the class of persons who are understood to be seeking to produce sedition and civil war in Ireland, to have it known that a serious debate has arisen upon it between the United States and Great Britain, without any good prospect of a peaceful and friendly settlement? It is for her Majesty's government to consider whether the occasion which brings up the question is the most suitable one, and whether the present time is the very conjuncture which ought to be chosen for joining that issue; or whether some other occasion and time might not be more convenient for treating the question, upon a good hope of its adjustment. You will submit these views to the Earl of Clarendon, and ask for the decision of her Majesty's government at as early a day as may be convenient. In doing so you will, in a most respectful manner, give his lordship to understand that the United States will find themselves entirely unable to acquiesce in the course which is indicated by the lord lieutenant's decision in the case of John H. and Joseph Gleason and other British-born but Laturalized citizens of the United States. You may use this despatch either openly or confidentially, as you think best. CHARLES FRANCIS ADAMS, Esq., &c., &c., &c. No. 1174.] Mr. Adams to Mr. Seward. LEGATION OF THE UNITED STATES, SIR: I have to acknowledge the reception of despatches from the department, numbered from 1696 to 1704, inclusive. Little has happened worthy of note this week. Parliament will adjourn tomorrow for the Easter holidays, which are extended this year rather longer than usual. Meanwhile the supply bills have been advanced through their respective stages to such a point that their passage is a matter of course at any time. The struggle on the ministerial measure of reform will take place immediately on the reassembling of the bodies. Great doubt has been thrown on its success by an announcement of a motion by Lord Grosvenor, the son and heir of the Westminster title and estates, which, if it prevails, must inevitably overturn the government. Coming from that quarter, the issue can scarcely be regarded as doubtful. This opens up a prospect of a popular agitation more serious and lasting than has taken place in this country for near half a century. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, CHARLES FRANCIS ADAMS. Secretary of State, Washington, D. C. No. 1718.] Mr. Seward to Mr. Adams. DEPARTMENT OF STATE, Washington, March 23, 1866. SIR: Your despatch of the 8th instant, number 1164, has been received. At the present moment discussion between the United States and Great Britain of the international questions which arose during the war of the insurrection here, has little practical effect. The changing condition of States will bring those questions again prominently into view at no very distant period. Then it will be all-important that the record of the country shall be found complete and satisfactory. Your correction of the attorney general's late misstatement in debate will then be appreciated at its just value. I will take care that it shall, in the mean time, be correctly published here. The suggestion has been often made among us that it would be wise to adopt the British practice of bringing members of the cabinet into Congress. I confess that when I recollect how unfortunate for the real interests, equally of the United States and of Great Britain, were certain speeches which were made in Parliament during the war (as it now seems, without any necessity) by Earl Russell, by Mr. Gladstone, and by the attorney general, I think that it is doubtful whether our Constitution could be improved in that respect. Neither has Great Britain a wound, or the scar of a wound, which during that trying period was inflicted by any words unnecessarily spoken by the President of the United States, nor have the United States a wound, or the scar of a wound, which was made by any words unnecessarily spoken by the Queen. The result of this reflection seems to be, that when governments speak to or of each other, it is important that their words should be duly considered, and not passionately or impulsively uttered. I am, sir, your obedient servant, CHARLES FRANCIS ADAMS, Esq., &c., &c., &c. WILLIAM H. SEWARD. No. 1719.] Mr. Seward to Mr. Adams. Department OF STATE, SIR: Your despatch of the 8th of March, No. 1165, has been received. In that paper you give me an account of a preliminary conversation with Lord Clarendon upon the proceedings in regard to naturalized citizens of the United States, arrested and held in duress in Ireland. All that you have said and done in that respect is approved. In a despatch, No. 1717, which will go out simultaneously with this acknowledgment, you have the well-considered views of this government upon that interesting subject. That despatch was prepared before your communication was received. I have nothing now to add to it except to say, for your own information, or for such use as you may think proper, that in my judgment the question of a possible disturbance of the peace of Great Britain or her provinces has as yet taken no serious aspect. It may acquire some, and even great, importance from an error which shall be committed now in regard to what in itself is merely an exciting incident. Lord Clarendon having opened to you the subject of the Fenian proceedings in this country, you are now put at liberty to make known to him what has heretofore been written to you from this department on the same subject under reservations of confidence. SIR: I transmit to you, for the information of her Majesty's government, a copy of a despatch of the 17th instant, addressed by the United States consul general at Havana to this department, relative to two hundred and seventy-five Africans that were found upon an uninhabited part of the island of Cuba, near Cape San Antonio, by the Spanish war steamer Neptune, and who were brought by that vessel into the port of Havana. SIR: I have the honor to communicate to the Department of State that on Saturday, the 10th instant, the Spanish steamer of war Neptune brought into this port 275 Africans that were picked up on an uninhabited part of the island of Cuba, on the western part thereof, near Cape San Antonio. There is no doubt that these Africans were brought by some late slave expedition from Africa. There are a great many rumors with reference to the matter, but as yet I have not been able to satisfy myself as to their truth. As soon as the particulars are learned, I will communicate them to the Department of State. With sentiments of respect, I am your obedient servant, Hon. WILLIAM H. SEWARD, WILLIAM T. MINOR, United States Consul General. Secretary of State, Washington, D. C. No. 1723.] Mr. Seward to Mr. Adams. DEPARTMENT OF STATE, SIR: I enclose herewith a copy of a communication of the 20th instant, from Mr. Garrett Commerford, of Lowell, Massachusetts, in regard to the improper arrest and confinement of his son, an American citizen, in the Kilmainham jail at Dublin, by the police of that city, upon a suspicion of being connected with the Fenian movement in Ireland. I will thank you to bring this case to the attention of her Majesty's government, and request that young Commerford, if still detained, may either be released, or that this government may be made acquainted with the reasons which are considered sufficient to justify his continued detention, as well as the grounds. upon which he was originally arrested. I am, sir, your obedient servant, CHARLES FRANCIS ADAMS, Esq., sv, &c., fr. WILLIAM H. SEWARD. Mr. Commerford to Mr. Seward. LOWELL, MASSACHUSETTS, March 20, 1866. SIR: The undersigned, a citizen of Massachusetts, and of the United States, would most respectfully represent that his son, John A. Commerford, a citizen of Lowell, and of the United States, in company with him, sailed in November last for Ireland, on a visit to our kindred and relatives, intending to return in February last; that our return tickets were secured before leaving New York; that my son was not connected with the Fenian movements in the United States, nor was he complicated with them while in Ireland, as appears from the affidavits connected herewith, and to the import of which you are respectfully referred. And I further state that my son, about the middle of February last, was seized by the Britsh authorities in Dublin, and lodged in the Kilmainham jail near Dublin, Ireland, and held, and is still held, a close prisoner without law or right. Wherefore I pray you to interpose the authority of the government of the United States, and demand the release of my son, John A. Commerford, from confinement. And I pray you that this may be speedily done, that he may return to his own country and home. GARRETT COMMERFORD. Hon. WILLIAM H. SEWARD, Attest: Secretary of State. A. R. BROWN. I, Garrett Commerford, of Lowell, in the county of Middlesex, and Commonwealth of Massachusetts, a citizen of the United States, on oath say, that I have resided in said Lowell rising thirty years; that since I have resided in Lowell, I had a son, John A. Commerford, born to me, now twenty-eight years of age, and is a citizen of the United States. He served three years in the 3d Massachusetts cavalry; when discharged, he held a commission as captain and major by brevet. On the 11th of November last, in company with myself, he sailed for Ireland, solely for the purpose of visiting our connections on that side of the water. I was with my son a large part of the time while in Ireland. We had about completed our visit, and had made arrangements to return to Massachusetts, and our passage tickets had been both secured. On about the 17th of February last, my son John was arrested by the police of the city of Dublin, (Ireland,) and thrown into prison, and now remains incarcerated in the Kilmainham jail. And I further certify that my purpose, and my son's purpose, so far as I have any knowledge or belief, or suspicion even, was solely to visit our friends in the old country. My son, Captain John A. Commerford, was not connected in any way with the Fenian movement in this country, before he sailed for Ireland. He was not a delegate to the order there, nor did he sail with any purpose to connect himself with it there, or to hinder or obstruct the British government in its authority over the Irish people. He was, therefore, illegally arrested, and is illegally restrained of his liberty. And I further certify that I sailed for New York on the first day of March, instant, and arrived in Lowell on Friday last; and my son would have been with me, had he not been arrested. And I further certify that both of our return tickets were purchased in New York before we started; and that the said John was not connected with the Fenian agitation in Ireland while he remained there, so far as I have any knowledge or belief. GARRETT COMMERFORD. COMMONWEALTH OF MASSACHUSETTS, Middlesex County, ss : MARCH, 20, 1866. Then personally appeared Garrett Commerford, whom I certify to be a credible and respectable person, and made solemn oath to the truth of the foregoing affidavit, by him subscribed before me. In testimony whereof I have hereunto affixed my hand and official seal notarial, at my office in the city of Lowell, in said county, on the day and year aforesaid, to wit, March 20, 1866. [SEAL.] EDWIN A. ALGER, Notary Public. I, John Lennon, of Lowell, in the county of Middlesex, Commonwealth of Massachusetts, a citizen of the United States, on oath say, that I know Captain John A. Commerford, of said Lowell; he is a brother-in-law of mine. He served three years in the 3d Massachusetts cavalry. In November last he sailed for Ireland, in company with his father, about seventy years of age. They both went to Ireland solely for the purpose of a visit to their relatives and friends there. Captain Commerford was not in any way connected with the Fenian organization here before he left, and did not go with any intent to connect himself with the movement in Ireland. I knew that it was the intent of the father and son both to return to this country in the month of February, and I understood he had purchased his return tickets in New York before he sailed. I received letters from him, and read others written while he was absent, and there was nothing in them indicating that he was interesting himself in anything but his visit and travels, and nothing tended to show he was in any way connected with the Fenian agitation in Ireland. COMMONWEALTH OF MASSACHUSETTS, Middlesex county, ss: JOHN LENNON. MARCH 20, 1866. Then personally appeared John Lennon, whom I certify to be a respectable and credible person, and made solemn oath to the truth of the foregoing affidavit, by him subscribed before me. In witness whereof I have hereunto set my hand and official seal notarial, at my office in the city of Lowell, in said county, on the day and year aforesaid. EDWIN A. ALGER, Notary Public. [SEAL.] I, Matthew Donovan, of Lowell, in the county of Middlesex, in the Commonwealth of Massachusetts, on oath say, that I know John A. Commerford, of Lowell. I started with him and his father, in November, A. D. 1865, to visit our friends in Ireland. His object was solely to see and visit his father's relatives, intending to return in February or March. I was with Mr. Commerford in Ireland, up to the 25th of December last, and I know he was not connected with the Fenian organization while I was there, or in any way a promoter of that agitation, up to that period. I know also that Mr. Commerford was not connected with that organization here, and was not a delegate or representative of the subject-matters discussed by them. Had Mr. Commerford not been arrested, he would have returned before this, as he had purchased a return ticket in New York, before he started from the United States. MATTHEW DONOVAN. COMMONWEALTH OF MASSACHUSETTS, Middlesex County, ss: MARCH 20, 1866. Then personally appeared Matthew Donovan, whom I certify to be a respectable and credible person, and made solemn oath to the truth of the foregoing affidavit, by him subscribed, before me. In testimony whereof I have hereunto affixed my hand and official seal notarial, at my office in the city of Lowell, in said county, on the day and year aforesaid. [SEAL.] EDWIN A. ALGER, Notary Public. |