No. 264.
Mr. Frelinghuysen to Mr. Lowell.
Washington, November 19, 1883.
Sir: Mr. Hoppin’s several dispatches and telegrams in relation to the citizenship of Patrick O’Donnell have been received. In his dispatch No. 647 Mr. Hoppin requests to be instructed whether under all the circumstances thus far reported the question of O’Donnell’s American citizenship is to be considered as settled in his favor.
[Page 476]I have now to instruct you that, upon the facts before the Department, Patrick O’Donnell’s naturalization appears to be established, and in the absence of proof to the contrary he is to be regarded as a citizen of the United States.
The Department has been requested to seek a complimentary and courteous relaxation of such bar or other rules in England as might deny to counsel from the United States the right to plead in O’Donnell’s defense during the approaching trial. I have informed the applicants that the system of law which prevails in this country, as in Great Britain, is jealous of any interference by the executive with the judiciary departments, but should there be any necessity for the English court to be assured of the high position of counsel who go from this country to take part in the defense of O’Donnell, you will give such assurance. This being done, they, or those associated with them, can submit to the court such proposition as they deem the interest of their client demands.
I am, &c.,