Speaker. it should be remembered that Condon. in pleading before the special commission in Manchester. in 1867. did not nsk for a jury de nteditae ligua. because he regarded its constant rejection by the Crown as settling the question against himself. Warren. Halpin. and Costello had already been tried. and all were refused this sacred right. But the right existed. because Condon was a citizen of the United States in every sense. though naturalized as such. The right was recognized if not created by the treaty of 1868 with England regarding allegiance. It is also said. though I do not rely on it as very pcrtinent to Condens vindication. that the detention of Kelly and flasy was illegal.
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