The Sun.
London, England, 1868-02-17 00:00:00

ALIENS AND NATURALIZATION.

" Historicus" again appeared on Wednesday with
a letter occupying nearly a page of the 7 hues on
" The Law of Aliens." In his usual clear and
vigorous style he discusses the subject. He first
shows,•not only the existence, but the working of
international law. When the news of the Trent
affair reached the English Cabinet, the most dis-
tinguished jurists were summoned to say what
the law of nations was, and the decision was
absolutely dependent upon their advice. When
the American Government proclaimed a blockade
which injured all the nations of Europe, and Eng-
land in particular, no argument was listened to to
break it—for the law of nations expressly states
that a belligerent has a right to institute a blockade,
and that a neutral is bound to submit to this right.
Had the question been whether it was worth while
to go to war, "Historicus" considers that war would
have been declared to break the blockade, but war
would not have been declared to release Messrs.
Slidell and Mason. The point to which he desires
to draw particular attention is that of criminal
jurisdiction over aliens. The law of England is,
that while British subjects are amenable in the
case of particular offences to trial in this country
for acts committed abroad, foreigners cannot be
tried here for any offence committed out of the
realm." If an Englishman and an American
are together in a foreign ship, if the Englishman
killed the American and comes to England be
will be hanged, but if the American kills the,
Englishman and comes to England he cannot
be tried. A foreign ship
in which the captain
has barbarously ill-used the crew may come to a
British port, and his victims languish or even die
in English hospitals, yet the offender may walk the
streets without punishment. It is clear law that a
foreigner cannot be tried in England for the murder
abroad of either a foreigner or an
Englishman.
Formerly even an English subject could not be tried
in England for the murder of a foreigner abroad.
Indeed the law in olden times went beyond this, for
it was only at the commencement of this century
that an Englishman could he tried in England for
the murder of another Englishman out of the do-
minions of the Crown. The law " before the
reign of Henry VIII. was that if one British sub-
ject killed another abroad, he could only be tried
by the semi-military tribunal of the Constable and
Marshal, even though
the victim died in England,
because the stroke was given there where no visne
can come ;' and so strict was the law of venue that
it is said, till the time of Henry VI., if the blow
was struck in one English county, and the death
occurred in another, the murderer could not
be tried in either." The American practice being
derived from,
is similar to the English doctrine ;
but nearly all the Continental nations differ from it
altogether. In France jurisdiction is assumed over
foreigners on French territory for offences against
the State committed abroad, and most States of
Europe have the same law. Some go even further,
and apply the jurisdiction to other classes of crime.
" Historicus" considers this a sound principle, and
he states that the Anglo-Saxon doctrine, both of alle-
giance and of citizenship, ought to be reviewed toge-
ther. While we are willing to relax our hold upon
persons who have left the realm, we ought to ex-
tend and strengthen our jurisdiction over thosewho
may choose to place themselves within its protec-
tion and control. And he concludes in these words
—6' I believe that,
subject to proper limitations and
conditions, the real solution will be found in the
concurrent admission and establishment of three
principles-1. A general right of expatriation. 2.
A universal criminal jurisdiction over all persons
within a State, whether subjects or aliens, alike for
offences, wheresoever committed, against that State,
and, perhaps, against its subjects. 3. A liberal and
extended practice of extradition. The obstacles to
the settlement of these questions exist not so
much in any difficulties of law or considerations
of policy, but rather in the combined influence
ofp rid e and
It
is ignorancethe
true operatingand
wholesome upon popularbnsi
prejudice. _
ness of public discussion to enlighten that ig-
norance, and to mitigate that pride. We are
beginning to see that to claim a dominion
fine thing. It requires
over persons who have renounced their country is,
abfutter a
s all,te
step
not
further s uch ato cveroymprebend that a claim to
immunity for the crimes of its citizens against
other States is not a legitimate object of national
ambition ; and that to become the great asylum of
unpunished rascality is not the best title to the first
place in the civilised world. When these things are
better understood nations will be less jealous of that
which conduces to the mutual advantage of all.
They will be less apt to quarrel, and far less eager
to fight." This is intended as a slap on the face
for Miss Columbia. General Banks presented to
the House the Report of the Committee on Foreign
Affairs on the rights of naturalized citizens in a fair
and straightforward speech ; nor is there much to
object to in the Report. It appears to have started
on a misconception regarding naturalized citizens
being arrested, tried, and punished as criminals
apon the ground that they were natural born
subjects of the Crown. No such trial and con-
viction occurred during the late troubles in Ire-
land, though some of the prisoners were refused
a mixed jury. The Report forcibly attacks feu-
dalism, but in a way wide of the mark. " The feudal
claim," it says, " is absolute over the mind as over
the body. It denies liberty of conscience
and of thought by the same title that
it proscribes the right of locomotion. It
dwarfs human capacity and reason, and corrupts
the nature of man and society. As a subject, the
life of Bacon is an offence ; as a scholar, it is the
glory of his race. Shakespeare is known to the law
as a criminal i in the world of letters and of liberty

he is revered as an immortal spirit." The Report
acknowledges that the United States has never
had any fixed policy, nor any code of laws, on the
subject of the status of naturalized citizens. This
state of things can no longer continue, and foreign
Governments must prepare to surrender some of
their claims. The impressment of seamen was
settled by the war of 1812-14--the right of search has
virtually been abandoned—and the third great ques-
tion of international importance—expatriation—re-
mains now to be settled. AU foreign Governments had
profited by the emigration of their subjects to the
ri
e,
aann d c tohue
tSs o
hv
ae Sovereigns i
age: se p at
er
de theth e r
de foocrter
nbeo
oufn
pd
ebr
py
eat
uc tasl
United States. Most fostered it, and none forbade
which received their implied sanction. Though Ame-
teietpoma
lidni
legislationse
disturb,
b,
m Americanucphf
lae
snsj
auttroi ios
nit s.mmphuaasid
protested ag dust the doctrine as binding upon the
rt
allegiance, they had done so only as a tradition of
amsaunnndoi
bpEeenosgpollies.h framed rila.
or destroy in others, rights common to all nations,
and the municipal legislation of Great Britain has
had this effect on the people of America. The
right
of self-preservation justifies Congress in making such
regulations as may maintain and promote the na-
tional welfare and prosperity. In 1790 the free people
of the States numbered three millions and a quar-
ter, and allowing for the usual increase their descen-
dants now amount to about nine millions and a
quarter. Deducting those made independent by
the first peace treaty with Great Britain, and
allowing four millions as negroes, over twenty m
il-
lions will represent the foreign element imported
since 1790, and these are now subjects of foreign
Governments if the doctrine of perpetual allegiance
be correct. The Report then goes on to pourtray
the effects of such a principle on such a number.
Every State in Europe would by it have garrisons
in every part of the Union. Three-fifths of the
able-bodied population could be summoned to fight
for Governments with which they had no connec-
tion against their fellow-citizens, and would be ac-
counted traitors if found in their ranks. The in-
justice of this principle is more apparent than the
remedy, but there must be a corrective for so great
a wrong, and it must be found. Though local legis-
lation is powerless to effect reform, a statute declara-
tion of the rights claimed is indispensable as a first
step. Failing to obtain a recognition by other
Governments of the principles embodied, the Presi-
dent should be invested with the same authority
within the United States, as to subjects of other
Governments, that foreign States enforce upon
American citizens. These are the most marked
points of the report, and this important subject is
now in a fair way of being settled, and that settle-
ment will be a hard blow struck against Fe-
nianism. The moment the outrageous pretensions
advanced by these conspirators are brought to the
test of law, argued in Legislatures, and discussed by
Governments, they will be exposed. It is for the
interest of all nations that a general criminal
jurisdiction should be possessed by the State over
all persons within it, whether subjects or aliens,
for offences, wheresover committed against that
State, as well as a liberal and extended practice
of extradition, and these principles will certainly be
affirmed by the United States. —Anglo-American
7 imes.

711 E LA7E MR. COBDENS' CORRESPOAT-

DEN CE.

TO THE EDITOR OF THE SUN.

SIR -Will you kindly oblige me by affording
space in 7'he Sun for this letter, and also for one
from the president of the Chamber of Commerce of
Verviers, which has, like many scores of similarly
kind and sympathetic communications, remained,
to my deep regret, much too long unanswered.

Various causes have occasioned this : the chief
among them has been a desire on my part to repay
to them with my own pen ; and this I still hope by
degrees to accomplish. In the meantime all friends
may rest assured that every expression of affection
and respect for the memory of Richard Cobden is
carefully treasured among the family relics.
I may yet have to tax the forbearance of valued
correspondents a little longer, while attending to
family arrangements and pressing business matters
in connexion with my dear husband's affairs and
papers.

It is my earnest wish to arrange, with a view to
their publication, a collection of his letters on the
several subjects which engrossed his political life,
commencing probably with those on national edu-
cation, in which he took so deep an interest in the
early part of his career, and on behalf of which he
again fully purposed to labour had God in Ms wis-
dom permitted him to live.

Any of his friends who may be in possession of
letters suitable for this collection will oblige me very
much by allowing me the use of the originals, which
I shall take care to return, if so desired.
I am, Sir, yours obliged,
CATHERINE A. COBDEN.
12, Petersham-terrace, Queen's-gate,
Feb. ---.

" Verviers, 1867.
" La Chambre de Commerce et des Fabriques,
Verviers.

U Madame,--We desire to discharge a debt
which we gladly contracted the day when the
Economical Society of Belgium honoured us with
the presentation of a bust of your lamented husband,
Richard Cobden.

We pray, Madame, to have the privilege of offer-
ing you a copy of the proceedings in connection
with the reception of his bust at Verviers, and we
trust that this book will be, as our President for
1865 said, a consolation to the stricken heart of
the widow of him whom England is proud to num-
ber among the most illustrious of her sons.
4' Pray, Madame, accept the assurance of our
respectful sentiments. _ _ _

" ii. ZURSTUPER, th President.
"CFI. MUENDORFF, Secretary."

" Dear Sir,—The great appreciation of my
lamented husband's character and abilities, expressed
by the Belgium Society of Political Economy, and
by the Chamber of Commerce of Verviers, has truly
been among the greatest earthly consolations I have
yet experienced since his death.
" I am especially indebted to them for compre-
hending my individual loss, and, in admitting this,
I am sure they will believe me when I say, that I
ever mourn the loss which so good a life as that of
Richard Cobden has been to humanity at large.
" Allow me to hope that the principles which
your societies are combined to enunciate may,
through your active exertions, bring forth fruits of
peace and prosperity, and with grateful acknow-
ledgments for your sympathy and kindness, believe
me to remain, yours respectfully,
" CATHERINE A. COBDEN."
" 12, Petersham-terrace, Queen's-gate, Feb. 10."

THE UNION PACIFIC RAILROAD.—The Union Merchants'
Exchange of St. Louis has adopted resolutions requesting
the Missouri Legislature to pass the resolutions asking
Congress to grant additional subsidies to the Union Pacific
Railroad, eastern division. They have also agreed upon
an appeal to Congress setting forth the advantages of the
road to the development of the agricultural, mineral, and
commercial resources of the extreme Western States and
Territories. The appeal says :—" We believe the eaten-
sion of this railroad to afford the simplest, most economi-
cal, and permanent solution of the Indian question, as the
settlements springing up as the railway advances will
compel the Indians to accept the usages of civilization or
disappear from the land."
TILE ATLANTIC AND GREAT WESTERN RAlLROAD.—At-
torney-General Brewster on January 24th sent to the
Pennsylvania Senate, at Ilarrisburgh, a report relative to
the Atlantic and Great Western Railroad, setting forth
that the company has violated its charter by not complet-
ing the road to Erie, and that a writ of quo warranto will
consequently lie. The report was referred to the Railroad
Committee.

There is a paper in last Saturday's Atheneum on
international copyright law, in which the writer
looks hopefully forward to the principle being
adopted in America. In 1838 the first Act was
passed by Great Britain on the subject, but it was
repealed by the International Copyright Act of 1844
and 1852, which enables the Queen " when she has
entered into a treaty with a foreign State, whereby
the proprietors of copyright works first published
in the British dominions shall in respect of such
works become entitled to the benefit of the laws of
copyright of such foreign States then—but only in
that event--the Queen may, byorder in Council, ex-
tend the benefit of the laws of copyright to works
first published in such foreign State ; provided cer-
tain formalities, such as registration, &c., at Sta-
tioners'-hall, be duly complied with." The prin-
ciple of these Acts is based on reciprocity, but they
ought to take the broader principle of equity. A
publisher is not justified in equity in publishing
without the author's consent. the works of that
author. If this be admitted, the argument that A
can steal from B because B steals from A falls to
the ground. In that case the British Government
should have based its legislation upon the principle
that an author's work is the author's propetty, no
matter of what State that author is a citizen. It is
by such legislation that other nations are shamed
into reciprocity. if American works were protected
in the United Kingdom English works would soon be
protected in the United States, for the injustice
would be manifest if Tennyson's poems were stolen
by the one country, while Longfellow's were pro-
tected by the other. Were this so a great pressure
would be brought to bear on Congress by the
American authors who benefited by such legislation;
and as these authors exercise a powerful influence
on their countrymen, the most direct way of bring-
ing it to bear would be by such apparently disin-
terested legislation. Since the first Act in 1838
thirteen treaties have been entered into by the
Crown upon which orders in Council have been
founded. These include Prussia, France, Italy,
Spain, Belgium, and various small States in the
North of Germany, which in all make up a popu-
lation of 113,000,000. Earl Stanhope carried the
Copyright Amendment Bill of 1852 through Par-
liament ; Lord Lytton, the Dramatic Authors' Act ;
and Sir Roundell Palmer, the Artistic Copyright
Act of 1862. Many years ago Mr. Clay introduced
into the Senate a measure for extending the benefits
of the United States' laws of copyright to non-
resident subjects of Great Britain and France in
respect of future publications. Though he argued
its merits powerfully, asserting that reciprocity as
well as justice demanded the concession, the bill
was not carried. It is, however, probable that the
question will again be brought before Congress,
and it is generally believed that Charles Dickens
will not lose the present opportunity of discussing
the subject with the leading members, and advocat-
ing with all his ability this act of justice to both
American and English authors. A meeting of pub-
lishers and others has lately been held in New York
to bring this matter forward.