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Mr. Adams to Mr. Seward.


No. 1409.]


London, July 22, 1867. SIR: I have had the honor to receive your printed circular of the 29th of March last, relative to diplomatic uniforms.

This matter is of trifling importance, excepting in so far as it may affect the ** usefulness of the public servants abroad.

So far as I can gather the sense of the joint resolution of Congress of the 29th of March, to which it requires them to conform, it means that no dress is to be worn by them on state ceremonial occasions that varies materially from the customary costume used in the United States, unless it be such as may be

previously authorized by Congress.

Inasmuch as no dress has been authorized, and as the regulations established at the court of Great Britain absolutely require that all persons should wear on state occasions some dress different from the only one left permitted, no exception ever having yet been made, it necessarily follows that conformity to these directions must operate as an exclusion of the diplomatic representatives of the United States from participation in all the occasions of court ceremonial which take place here during the year.

The season for such things having passed for the present year, there will not probably be occasion for any action on my part until the opening of Parliament some time in February next. If it should happen to me to be still occupying this post at that time, I think it will not be difficult to come to an amicable understanding to relieve this legation from attendance altogether without giving rise to any unfavorable interpretation as to the state of the relations between the two countries.

So far as I am personally concerned nothing would be more agreeable to me than such an arrangement. Court attendance, with the annoyances resulting from numerous applications for presentation, have always proved here the most annoying and irksome of my public duties. Neither do I see how the strictly official efficiency of a foreign representative can be materially impaired by his taking no part in mere ceremonies. His social influence only is likely to be affected, which is perhaps a matter of more consequence to himself than to the country he represents. If, therefore, he accepts the position with a full understanding of the conditions, he can have no cause for reasonable complaint. There is one mode


of avoiding even this personal inconvenience to the minister. That is by selecting exclusively for this class of appointments persons entitled by law, from former service in the army, to retain the right to wear a military uniform. This form of dress serves as a passport in all the courts of the Old World, and thus furnishes a ready way of solving these small difficulties. Should any public inconvenience be found ultimately to arise, this will prove at any time an easy remedy. I have the honor to be, sir, your obedient servant,


Secretary of State, Washington D. C.

Mr. Seward to Mr. Adams. No. 2031.]


Washington, August 6, 1867. SIR: Herewith I transmit a copy of a letter, together with its accompaniments, which, on the 26th of July, was addressed to this department by Bernard

Dwyer, esq., on behalf of his brother, Owen Dwyer, who has been arrested at Carlisle Pier, England, on a charge of complicity in the Fenian movement in that country.

You will acquaint yourself with the facts of this case, and will demand his release or interpose your good offices in behalf of the accused, as the circumstances shall, in your judgment, warrant. I am, sir, your obedient servant,


Mr. Dwyer to Mr. Seward.

MEMPHIS, TENN., July 26, 1867 SIR: The Boston Pilot of date June 27, 1867, contains notice of the arrest, as a Fenian, at Carlisle Pier, England, of Owen Dwyer, a citizen of the United States, resident of the State of Tennessee, and that after a preliminay examination had he was remanded. This communication is addressed you to request the immediate interposition of the United States in his behalf.

The said Dwyer has been a citizen of this State, and the United States, for many years past, has never affiliated in manner or form with the late Fenian movement, and in no manner connected therewith, and was, at the time of his arrest, on a visit to relatives in the kingdom of Great Britain.

I would state that said Dwyer removed to this country when a youth, has ever, without. intermission, continued to reside here, is a large property-holder in this city and State, and has enjoyed all the rights of citizenship, and that his arrest and detention is most unjust and wrongful. I, his brother, therefore request and claim at your hands, as the representative of the government, the aid and protection of the United States in obtaining the release of this citizen.

Hoping that such steps as may be necessary and proper to attain the end desired, and afford the relief prayed for, may be immediately taken by the government, I remain, very respectfully, your obedient servant,


Secretary of State, Washington, D. C.
Address all communications to Humes & Paston, Memphis, Tennessee.

We the undersigned, citizens of Memphis, Shelby county and State of Tennessee, certify that we are personally acquainted with Owen Dwyer, and have known him for many years.

We further know that he is a bona fide citizen of this Siate, a large property-holder in this city, and has ever enjoyed the rights of citizenship. We further state that said Dwyer is a quiet, peaceable citizen, never having taken part in the late national struggle, and that he has never expressed any sympathy for or taken any interest in the late Fenian movement, to the best of our knowledge and belief, and we have known him well and intimately, as before stated.


Mayor of Memphis.

Pastor of $t. Peter's Church.
Prest. St. Geo. Benev't Ass'n of Tenn.

Member of St. Geo. B. A. United States.

MEMPHIS, July 26, 1867. This is to certify that we have known Owen Dwyer for many years; have been his counsel and attorney in all matters requiring our services; that his visit to England was for no other purpose than as above stated. Moreover, that he has ever claimed to be a citizen of the State, where he has acquired a large property, and that he is a peaceable, quiet citizen, abstaining from all political controversies and disputes.




State of Tennessee, District of West Tennessee, City of Memphis : Be it remembered, that on this 26th day of July, A. D. 1867, before me, Fearn Penn, United States commissioner for the district of West Tennessee, duly appointed under the laws of the United States to take acknowledgments of bail, affidavits, &c., personally appeared W. O. Lofland, mayor of the city of Memphis, John Dwyer, Bernard Dwyer, Daniel Slenlin, Robert Carson. P. O'Neil, Thomas Kelly, M. Garvin, G. W. Taylor, M. Magevney, jr., Michael Magevney, H. Clotlıs, Thomas L. Power, Michael D. Lilly, Henry E. Green, John Davis, and Jacob Steinkuhl, allx to me personally known, who being by me duly sworn, say that the statements contained in the foregoing certificate in regard to Owen Dwyer are the truth, the whole truth, and nothing but the truth, to the best of their knowledge and belief, and subscribed the same in my presence.

In testimony whereof I have bereunto set my hand and official seal, this 26th day of July, A. D. 1867. (SEAL.]

FEARN PENN, United States Commissioner.


State of Tennessee, District of West Tennessee, City of Memphis : 'I, Fearn Penn, United States commissioner for the district of West Tennessee, duly appointed under and according to the laws of the United States, do hereby certify that John Donovan, clerk of the criminal court of Memphis, Tennessee, whose genuive official signature is signed to the attestation to the annexed declaration of intention to become a citizen of the United States of America by Owen Dwyer, formerly a subject of Victoria, Queen of Great Britain and Ireland, is and was at the time of signing the same the clerk of said court, duly commissioned and qualified as such; that the attestation of said declaration is in due form of law; that the impress of seal is of the true and only seal of said court, and that all the acts of said Donovan, clerk, &c., in all his official capacity as such, are entitled to full faith and credit.

In testimony whereof I have hereunto set my band and official seal, this 26th day of July, A. D. 1867. (SEAL.]

FEARN PENN, United States Commissioner.

Declaration of intention UNITED STATES OF AMERICA:

At a term of the criminal court of Memphis, begun and held at the court-house, in the city of Memphis, for the 5th, 13th, and 14th civil districts of Shelby county, State of Tennessee, on the second Monday, being the 11th day of February, 1867, present the Hon. William Hunter, judge, &c., presiding ; and to wit, on the 12th day of February, 1867, one of the days of said February term of said court, the following is of record, to wit:

Be it remembered, that on this 12th day of February, 1867, Owen Dwyer, an alien, declares on oath, in open court, that it is bona fide his intention to become a citizen of the United States of America, and to renounce forever all allegiance and fidelity to every foreign prince, poteptate, state, or sovereignty whatever, and particularly to Victoria, Queen of Great Britain and Ireland, whose subject he now is.

OWEN DWYER. Subscribed and sworn to in open court, this 12th day of April, 1867.



I, John Donovan, clerk of the criminal court of Memphis, do hereby certify that the foregoing declaration of intention of Owen Dwyer to become a citizen of the United States of America, is a true and perfect copy of the record of the same now in my office.

In testimony whereof I have hereunto set my hand and affixed the seal of said court, at office, in the city of Memphis, this 12th day of April, 1867. [SEAL.]


Mr. Seward to Mr. Adams.

No. 2032.]


Washington, August 7, 1867. Sir: I transmit a copy of a communication of the 23d ultimo, from Henry Liebenau, esq., corresponding secretary of the Constitutional Union Association, concerning the cases of Colonel William J. Nagle and Colonel J. Warren, who have been arrested and detained in Ireland on charges of complicity in recent Fenian movements.

You are well informed of the views of this government in regard to such cases, and those referred to in the enclosed have, it is believed, been already brought to your notice, that of Colonel Nagle being the subject of my instruction of the 9th ultimo, No. 2016. You need not be informed that faithful service in the armies or pavy of the United States during the rebellion constitutes an enhanced claim of persons so serving to the consideration of the government which they have helped to perpetuate; and the instances now before us are of that class.

In presenting such cases to her Majesty's government, it is not expected that you will submit to the perusal of the authorities any expressions which could give just cause of offence to that government. This circumspection should be practiced as well for its favorable influence on the interests of the parties whose release is sought as upon grounds of international courtesy. I am, sir, your obedient servant,


Mr. Liebenau to Mr. Seward.


New York, July 23, 1867. SIR: I have been directed, as you will observe by the proceedings of a meeting of the general committee of “The Constitutional Union Association,” hereunto attached, to address you in behalf of the liberation of Colonel William J. Nagle, a native of our State, having been born at Syracuse ; and Colonel J. Warren, a native of Massachusetts, having been born at Boston ; the former, (Nagle,) of the 88th regiment New York volunteers; and the latter, (Warren,) of the 63d regiment Massachusetts volunteers ; and who are now incarcerated in Kilmainham prison, Dublin, Ireland ; without having committed any overt act to justify or palliate such an unwarrantable act of oppression, and in direct violation of that comity of nations so essential to the harmonious and friendly understanding of a Christian people.

With one of these gentlemen, William J. Nagle, I have the honor of a personal acquaintance, and it gives me pleasure to state that I have always known him as a highly honorable and law-abiding citizen, one whom I am confident would not render himself amenable to any violations of British law. You are, I believe, personally acquainted with the family, and, therefore, it is perhaps superfluous for me to dwell upon their character and conduct, except so far as to remind you that five of their brothers rendered essential service in the Union armıy during the rebellion, while three of them were killed in the service.

Colonel Warren, the travelling companion of our worthy fellow-citizen, Nagle, I have not the pleasure of knowing personally, but he is very highly spoken of by those who are familiar with his general reputation.

As American citizens, they are entitled to the protection of our government, while the services they have both rendered in the army of our Union claim, as I am convinced they will receive from you, the earnest and decisive action of the government they have both so faithfully served in its hour of peril.

Permit me, in behalf of the organization I have the honor of representing, to urge most respectfully your immediate intercession in behalf of a speedy release of the aforesaid Colonel Nagle and Colonel Warren. I have the honor to be, very respectfully, your obedient and humble servant,


Corresponding Secretary C. U. A. Hon. WILLIAM H. SEWARD,

Secretary of State.

[From the New York Sun, Tuesday morning, July 16, 1867.]



A special meeting of the Constitutional Union general committee was held last evening at Masonic Hall to take into consideration the unwarrantable imprisonment by the British government of Colonel William Nagle, of this city, and Colonel J. Warren, of Massachusetts. After a short and earnest deliberation the following resolutions were passed :

We have heard with surprise and indignation of the unwarrantable imprisonment of American citizens in Ireland, arrested on the abject and pitiful pretence of suspicion of being Fenians, and their incarceration in a loathsome prison, subject to the indignities and manacles of convicted felons, in direct violation of every principle of international law and the comity of nations, in consequence of the cowardly fear of danger which the guilty only. feel from the consciousness of their own transgressions; and

Whereas Colouel William J. Nagle, a native of New York State, and Colonel J. Warren, a native of Massachusetts, both gallant soldiers of our Union army during our late domestic struggle, have been arrested without the slightest overt act on their part wbile on a visit to their relatives in their fatherland, for no other offence to them known than the expressing here on their native soil a sympathy for the down-trodden country of their parents ; and

Whereas the noble act of Commdoroe Ingraham in demanding of Austria the instant release of Koszta, an adopted citizen of America, met the hearty approval.of our undivided nation, and the case of Colonel Nogle and Colonel Warren being entited to no less a consideration, because of their being natives of the United States: Therefore, be it

Resolved, That steps be taken to effect their immediate release, considering the violation of international law in the case as just and proper cause for demanding indemnification and retribution ; be it therefore

Resolved, That our corresponding secretary be directed to address the Hon. William H. Seward on behalf of the organization and in favor of our fellow-citizens, whom we believe are not amenable to British law by any overt act nor by any connection with Fenian move. ments in Ireland, and urge the honorable Secretary to make a speedy and resolute demand or their immediate release.

Resolved, That a petition be prepared and circulated for signatures by our fellow-citizens under the patronage of our organization.



Mr. Seward to Mr. Adams.

No. 2033.]


Washington, August 7, 1867. SIR : I transmit a copy of a letter of the 12th ultimo from his excellency Marcus L. Ward, the governor of the State of New Jersey, in relation to Stephen J. Meany, who it appears was tried and convicted and sentenced by the British authorities on charge of participation in Fenian movements.

I am not aware that the additional information as to the proceedings in this case, mentioned in your despatch of the 25th of January last, No. 1309, has been received at the department, nor does it seem to be fully established that Meany is not a citizen of the United States.

You are requested to adopt such proceedings in this case as in your judgment shall be warranted by the facts as they may be developed, and as may comport with the views heretofore expressed to you in cases of this nature. I am, sir, your obedient servant,

WILLIAM H. SEWARD. Charles FRANCIS Avams, Esq., 8c., fr., sc.

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