No fault can be found with the British Government for standing by this declaration so long as it thus seemed to command the assent of the Government of the United States.
But when Mr. Frelinghuysen was called into the State Department by President Arthur in December 1881, to overhaul the condition into which our foreign relations had been brought by his predecessor, he found that in no single instance had Mr. Blaine succeeded in inducing the British Government, either to release any American citizen arrested under a general warrant without specific charges of criminal conduct, and on “suspicion” in Ireland, or to order the examination of any such citizen. The one case in which an American citizen arrested under the Coercion Act in Ireland during Mr. Blaine’s tenure of office had been liberated when Mr. Frelinghuysen took charge of the State Department, was that of Mr. Joseph B. Walsh, arrested at Castlebar, in Mayo, March 8, 1881, and discharged by order of the Lord-Lieutenant, October 21, 1881, not because he was an American citizen, nor after any examination, but expressly and solely on the ground of ill-health.
When Mr. Frelinghuysen became Secretary of State in December 1881 the Congress of the United States was in session. So numerous were the American “suspects” then lying in prison in Ireland, some of whom had been so confined for many months, that the doors of Congress were soon besieged by angry demands for an inquiry into the subject. A resolution in this sense was adopted by the House of Representatives, and forwarded, through the American Legation in London, to the British Foreign Office. Memorials touching particular cases were laid before both Houses of the American Congress. On the 10th of February 1882, Mr. Bancroft Davis, the Assistant- Secretary of State, instructed the American Minister at London to take action concerning one such case, and to report upon it. The Minister not moving more rapidly than he had been accustomed to do under Mr. Blaine, Mr. Davis grew impatient, and on the 2d of March 1882 (being the anniversary of the adoption of the Coercion Act in England) the American Secretary of State cabled to the Minister in London significantly enough, “Use all diligence in regard to the late cases, especially of Hart and M‘Sweeney, and report by cable.”
Mr. Lowell replied the next day, giving the views in regard to Hart of the American Vice-Consul, and of the British Inspector of Police at Queenstown, and adding an expression of his own opinion that neither Hart nor M‘Sweeney was “more innocent than the majority of those under arrest.”
This was an unfortunate despatch. It roused the American Secretary of State into responding instantly by cable in the following explicit and emphatic terms: “Referring to the cases of O’Connor, Hart, M‘Sweeney, M‘Enery, and D’Alton, American citizens imprisoned in Ireland, say to Lord Granville that, without discussing whether the provisions of the Force Act can be applied to American citizens, the President hopes that the Lord-Lieutenant will be instructed to exercise the powers intrusted to him by the first section to order early trials in these and all other cases in which Americans may be arrested.”
There was no mistaking the tone of this despatch. It was instantly transmitted to the British Foreign Secretary, who replied the same day that “the matter would receive the immediate attention of Her Majesty’s Government.”
The reference made to the Coercion Act by Mr. Frelinghuysen touched a plain and precise provision, that persons detained under the Act “should not be discharged or tried by any court without the direction of the Lord-Lieutenant.” Had the Coercion Act received from Mr. Blaine in March 1881 the attention bestowed upon it in March 1882 by Mr. Frelinghuysen, this provision might have been used to obviate the dangerous accumulation of injustice to individuals, and of international irritation, resulting from the application to possibly innocent foreign citizens in Ireland of the despotic powers conferred by that Act upon Mr. Gladstone’s Government, powers as nearly as possible analogous with those which Mr. Gladstone himself, years before, had denounced in unmeasured terms when they were claimed and exercised by the Government of Naples in dealing with its own subjects.
After the consideration by Her Majesty’s Government of this despatch of the United States Government, it is understood in America that Mr. Forster, as Chief Secretary for Ireland, was invited to communicate with the Lord-Lieutenant, and request him to exercise his discretion in the sense desired, and that Mr. Forster positively refused to do this.
How this may be I do not pretend to say. But as no satisfactory reply was made to the American despatch, and as public feeling in the United States grew daily more and more determined that a stop should be put to the unexplained arrest and the indefinite detention of American citizens in Ireland, the American Secretary of State made up his mind towards the end of the month of March to repeat his despatch of March 3d in a more terse and peremptory form. As a final preliminary to this step, however, Mr. Frelinghuysen was induced to avail himself of the unusual and officious intervention of his most distinguished living predecessor in the State Department, Mr. Hamilton Fish. After measuring the gravity of the situation, Mr. Fish at the end of March sent a despatch to an eminent public man, well known on both sides of the Atlantic, and now resident in London, with authority to show it personally to Mr. Gladstone, to the effect that if any further delay occurred in complying with the moderate and reasonable demand of the American Government for the immediate release or the immediate trial of the American “suspects,” the relations between Great Britain and the United States would be very seriously “strained.”
This despatch was at once communicated to Mr. Gladstone. Within the week, the liberation was announced of six American “suspects.” Within a fortnight, Mr. Parnell, Mr. O’Kelly, and Mr. Dillon, it is understood, imprisoned members of Parliament, were offered their liberty if they would consent to a sham exile on the Continent for a few weeks, or even days; and within a month Mr. Forster, in his place in Parliament, was imputing to his late chief and Premier the negotiation of that celebrated “Treaty of Kilmainham,” which was repudiated with equal warmth by the three Irish members already named, and by Mr. Gladstone.