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shall not now stop to inquire whether this solemn conflict with our naturalization laws has been necessarily declared in the trial of the case of Warren, or whether it might have been wisely left undeclared, nor shall I now wait to remove from the question the embarrassment with which it is encumbered by the citation of certain American judicial authorities and commentators. I content myself, for the present, therefore, with informing you thatthc pretension of the Irish court cannot be allowed by this government. I shall have occasion soon to address you more fully upon the subject. I am, sir, your obedient servant,
Urgently renewisolicitation of clemency to O’Brien and McCondon, Manchester.
WILLIAM H. SE-WARD.
Mr. Adams to Mr. Seward. No. 14$4.] I v LEGATION or THE Umrso STATES, London, November 22. 1867.
SIR : I have to acknowledge the reception of despatches from the department, numbered 2081, 2088, and 2089. Likewise a telegram by the cable, of the 20th instant, desiring me to intercede with the government in behalf of Shore alias Oondon, and Gould alias O’Brien, condemned to death at M-anchester.
On the morning of the 20th instant, and before receiving the message, I had, after a careful examination of the testimony given at the trial, as well as of a summary made of it ‘by Shore himself, and sent to ‘me through Mr. Lord, -the consul at Manchester, decided to make a representation to Lord Stanley in his behalf. A copy of my letter is herewith transmitted. Last evening I received a note acknowledging, in the usual form, the reception of mine, and its reference to the home secretary. At the same time I received a private note from his lordship to inform me that a reprieve of Shore had already been determined upon, a» fact which I find authoritatively announced in the London Times of this morning.
The question remains whether it is expedient to interpose in the same manner in behalf of Gould. On the most careful reflection which I can give the matter, I have come to the painful conclusion that such a step would be likely to do more harm than good. The ministry here are involved in grave dilficulties, mainly by reason of the intemperate manner in which the relief of the t-hree remaining prisoners has been demanded in popular meetings, and the demonstrations that have been attempted in order to overawe their decision. There can be little reasonable doubt of the guilt of the prisoners, and of the general feeling of panic their act has spread in every direction over the country, which calls for severe punishment to deter from repetition of it. Under these circumstances, a further effort at interposition on my part would lay them under
the necessity of giving a refusal, or else of appearing to give way to an extraneous infiuence, of which already a great dealof jealousy has been manifested, especially in the late cases in Ireland. It is difficult for people to manage their own cause more unfortunately than the prisoners in that country have lately
done. They have gloried so loudly in their desire to enlist the United States '
in their cause, so far as to bring on a rupture between the countries, that it makes it more and more difficult for the government to avoid the appearance of fear in making any concessions whatever.
If, in coming to this conclusion, I have been in error, I can only regret it is the oifspring of a sincere but mistaken conviction.
I have the honor to be, sir, your obedient servant, ~
MY LORD: I have the honor to transmit to your lordship a memorandum addressed to the consul of the United States at Manchester, signed E. Shore, one of the persons now condemned to be executed for a criminal offence committed at that place.
This man claims to be a naturalized citizen of the United States. I am well aware that this furnishes no reason for oflicial interposition in-a case like this, of a gross violation of the laws of the kingdom. Neither is it my intention, in submitting this paper, to be understood as entertaining an intention to claim any right whatever to do so. It has appeared to me, however, on a review of the evidence presented on the trial, that the allegation of this prisoner, that he has suffered unduly from the fact of his association in the indictment with the other parties, is sufiiciently sustained to justify me in calling your lordship’s attention, for a. moment, to his summary of the facts. I am very sure that it is not the intention either of her Ma_jesty’s tribunals, or of the government, to inflict upon any ofiendef a penalty which may prove to have been more severe than he deserved, especially when that penalty be the taking of life. Having, therefore, the utmost confidence in the calmness and impartiality with which the entire testimony, as applied to this particular case, will be examined by those to whom the duty is committed, I shall not attempt to add a word in the way of argument. It is sufiicient that I shall have done what, under the circumstances, seemed to be due to the prisoner, in giving him the benefit of the doubts with which the severity of his sentence appears to me to be accompanied.
I pray your lordship to accept, &c., &c.
Right Honorable Loan ST.ANLEY, &c., Era, 8;-c.
Mr. Seward to Mr. Adams.
No. 2097.1 DEPAR'PMENT or STATE, . Was/zington, November 23, 1867.
SIR: The republic of Nicaragua has heretofore requested that the United States would lend their good oifices in support of certain representations which that republic had then already made, or was about to make to her Majesty’s government concerning the questions of administration over the Mosquito Territory, arising under the treaty between those two powers. The United States replied to the government of Nicaragua that Mr. Adams would make known to Lord Stanley the very ardent desire of the President of the United States
~ that the subject might be treated amicably by her Majesty’s government; but
that before the United States could properly adopt any more urgent measures, it would be necessary to receive more explicit information from the government of Nicaragua. concerningthe questions at issue. The republic of Nicaragua
has now laid before the government of the United States its statement of the questions referred to. I communicate that statement for your information.
Perhaps it might not he improper for this government to pronounce an opinion at this time upon the case as thus ea: parte presented, but such an expression of opinion would be justly liable to the objection that it was made without authentic information of the antagonistic positions of the British claimants. It is desirable, on the part of this government, to avoid the premature assumption of grounds which there might be ultimate occasion to relinquish. The President has, therefore, thought it proper that the statement made on the part of Nicaragua should be transmitted to you, with instructions to exercise your usually sound discretion after you shall have acquired a full knowledge of the views of the British claimants. You will, however, apply freely to this department for special instructions if you find-it necessary or expedient to do so.
I am, sir, your obedient servant,
- WILLIAM H. SEWARD. CHARLES Farmers ADAMS, Esq., <§rc., dz‘.
llfr. Seward to llfr. Adams.
No. 2101.] ' DEPARTMENT or STATE, - S , Washington, November 27, 1867.
SIR: I have just now received your despatch of the 16th of November, No. 1481. In myNo. 2096 I explained the grounds for asking delay in the case of Warren. In the same paper I gave my reason for urging clemency to O’Brien
and McCondon. I have this day, by telegraph, asked to be furnished with a;.
copy of the statutes of treason-felony under which the prisoners Warren, Gostello, and Nagle are indicted. Whatever may be the moral client of those proceedings in Great Britain, it is quite certain that they have excited profound discontent in the United States. I shall have occasion to write you fully upon the subject after I shall have received the copy of the statutes referred to, and a more full and accurate report of the trials which have been held at Dublin.
111 the Globe, which is regularly forwarded by this department, you will find. a report of congressional debates concerning the subject of the Fenian trials.
No. 2102.] DEPARTMENT or S'r,\'rn,
Sin: Mr. Ford has given me a copy of a letter which Lord Stanley wrote to him on the 16tl1 of November, instant, concerning the question of arbitration upon the so-called Alabama claims. I have submitted Lord Stanley’s remarks to the President, and have received his directions thereupon.
The government of the United States adheres to the views concerningthei '
proposed arbitration which I have heretofore had occasion to make known, through your legation to Lord Stanley. We are now distinctly informed by
Lord Stanley’s letter that the limited reference of the so-called Alabama claims, .
which Lord Stanly proposes, is tendered upon the condition that the United States shall waive before the arbitrator the position they have constantly maintained from the‘ beginning, namely: that the Queen’s proclamation of 186t
which accorded belligerent rights to insurgents against the authority of the United States, was notjustified on any grounds, either of necessity or moral right, and therefore was an act of wrongtul intervention, a. departure from the obligation of existing treaties, and without the sanction of the law of nations. The condition being inadmissible, the proposed limited reference is therefore declined. I am, sir, your obedient servant, WILLIAM H. SEWARD. CHARLES FRANCIS Amuws, Esq., 5;c., am, 8,-c.
Mr. Seward to Mr. Adams. '
No. 2103.] DEPARTMENT or STATE, Washington, December 2, 1867.
SIR : You will be expected to give ti) Lord Stanley a copy of my No. 2102. I am, sir, your obedient servant,
SIR: Mr. West, consul at Dublin, in answer to the request of Colonel Warren’s counsel that he would apply to the Crown authorities for a. copy of the oiiicial report of his trial, stated that he had no authority to do so, and reports the correspondence to this department. You will instruct Mr. West to make the desired application, and transmit the report when received to this department.
I am, sir, your obedient servant, . WILLIAM H. SEWARD. CHARLES FRANCIS An/ms. Esq., §1:., §'c., Q-c.
CORRESPONDENCE WITH THE BRITISH LEGATION.
Mr. Seward to Sir F. Bruce.
DEPARTMENT or STATE,
MY DEAR SIR : I have not yet received the transcripts of the records of the late capital trials which have taken place in Canada. It can well be conceived that the papers are voluminous, and the delay is, therefore, unavoidable; nevertheless the 13th of December is near at hand. I beg leave, therefore, to ask if you have it in your power to inform me of the probable disposition of those
Sir F. Bruce to Mr. Seward.
WASHINGTON,’ December 7, 1866.
MY DEAR SIR : In reply to your letter of yesterday’s date, asking for information about the prisoners whose execution was fixed for the 13th December, I may state that Lord Monck informs’ me that he expects to receive, before that time, the orders of her Majesty’s government as to the commutation of the sentences ; that he would prefer leaving the 'matter as it stands till he can dispose of it finally, but that if the orders are not received, he will respite those who are condemned and whose application for new trials have been refused.
I remain, my dear sir, yours, very faithfully, FREDERICK W. A. BRUCE. Hon. WILLIAM H. SEWARD, 8;c., 8;-0., §' . ‘
MY DEAR SI R : I heard last night from the Canadian government that the prisoners have been respited to the 13th of March, by which time all the trials will be over, and the subject of the commutation of the sentences can be maturely considered.
The sentence of death will certainly not be executed, and I need not add how desirable it is that nothing should take place on the Canadian frontier to interfere with the disposition to lenity which I know is entertained by her Majesty’s government, and which will be strengthened by the presence of Lord Monck in England, whither he proceeds by next mail. '
I remain, my dear sir, yours, very faithfully,
Hon. WILLIAM H. SEWARD, <3-e., §e., Am. ,
Ilfr. Seward to Sir F. Bruce.
DEPARTMENT or STATE, -
MY DEAR SIR FREDERICK : I have the pleasure of acknowledging the receipt of your letter of this date, and of expressing my gratification at the intelligence it gives of the course of proceedings proposed in regard to the Fenian prisoners, as well as your friendlyassurances on the subject.
I join you in the hope that no disturbance may occur on the frontier; I am sure that there will be practiced by our oflzicials all possible diligence to prevent it.
Washington, December 14, 1866. '
MY l)E.\R SIR FREDERICK: I enclose a copy of a despatchof the iith instant from Mr. Thurston, our consul at Toronto, and of the"letter addressed to me by