The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-10-12


the other hand, will not initiate this hire
ling scribe, in using language calculated to
produce unassuagable irritation or both
sides, and, eventually, the shedding of much
innocenr biood.-I know very well that the
law Of nations that is TO say, the general "
sage OF nations, and the principles laid
down by those who have written on the sub
jecc, fully sanction the opinion, that a!,egi
ancc is unaGena5te ; that " 10 say, that e.
very man continues, to the day OF his death
a subject of the state wherein he was born
and, that, of coarse. any act of his, in open
hostility, and especially OF arms bearing "a
gainst his native state, if it be a voluntary
act on his part, is an act coming under the
description of redson.--This doctrine,
generally speaking, is founded in nature, as
we'll as in law for it appears not more un-
natural tor a son to raise the instrument Of
dsath against his mother, than for citizen
| to bear sword against the state wherein
he has first drawn his breath.--I would,
therefore, never CONSENT tn the recognition
OF any right on the part of English men to
| transfer their allegiance at pleasure 40 any
| other state. But, in the particular and sin
gular case before us, there appear TO me to
ne very powerful reasons for abstainng from
the enforcement OF the law against men
born III tais country. who may be made pri-
soncrs OF war during this contest of the Am
ercah States.--Fhese persons, it will be OBJ
SeTeet, have been natarGGzed in America,
| and, or course. mast have resided there ma
ny years !; because the laws of America do
| not permit them to be naturalizetl, until at
ier residence OF, at least FIVE years.-In
the next place, they are persons who have
not had the preineditated act of treason in
view tor, they cannot have gone TO AIne-
RIGA for the purposs of entering INFO the a
merican army, and TO fight against England
Divers causes have led to their emigration
thitheT. Some have gone as sort Of vol
untary c-siEes /; they have banished them
selves, in order TO avoid the punishment with
which the laws in this country menace them
on account of certain hottficat acts, which
| those laws denominate crimes. Others
have lied thither, without being accused of
any crime here. in order to enjoy what they
deemed their rights as men, not being able
to ENJOY those rights, as they thought them
IN their native country. But, the great
! mass of emigrants from the British Islands
to the American States have encountered
all the Inconvenience OF a change Of coun-
try, as well rs all the well known dangers
OF the seas, tor the sole purpose of making
their lot in this world better than il was be-
fore, This has been the motive of almost
F, the whole CT the emigrants from every
country IN Europe 70 the American States
a motive wholly foreign from that of commit
ting treason, or any act Of hostility to their
native country. The situation, therefore, of
| ali these cmigrents, is very different indeed
from that of man, who, for the express
purpose, should go abroad, and take up arms
! against his country. Many and many in
stances are upon record, however, of very
famous men having done even this, without
fbeing accounted traitors. A very memo
rablc one may be cited in Prince Eugene,
the companion Of the Duke of Marlborough
! in his wars agaisst France. Prince Eugene
was subject of the King of France. and,
1t is related. too, that he entered into the
service OF Austria, In re yenge for some af-
front, or neglect, that he had experienced
from hie sovereign. Yet, / have never heard
| that Prince Eugene was considered as
traitor--it is very notorious, that in all the
! European armies, there are men of all the
! States upon the continent that the army of
Prussia, in particular, was made up OF men
| OF all nations. Our army, at this time, has
i'll IT Germans, Dutchmen, Italians, and
Frenchmen. But, do we Consider these men
as traitors to the several countries in which
they were bornf Yet, be it observed, that
! they are not persons who are natura.ized in
England, and it IS very we'll known, that
they did not come to our country for the pur
poses OF carrying oil trade, or of cultiyating
the lands but. generally for the purpose
oi entering lutO cur military service, at the
very time that we were engaged in a war a.
gainst those vino exercised the sovereignty
III their respective states. in such situa
ton OF things, il appears to me, that we, "a
bove all the nations that / know any thing
OF, ought to be cautious (and trust our Go.
vernment vii! be very cau'!ous,) in rightly
enforc,ng the lay Of treason, on the ground
Of nnai;eag6ie allegiance.
There is no way OF judging safer than that
| Of mating the case of an adversary our own.
Let us SUPPOSE, then, chat, during the war
Us the North Of Europe, in which war the
! King of Westphalia is an ally of the Empe-
ror Napoleon let us suppose, that corps
NJ the OeT1,u1 Legion, who are principally
/ lkanoveriars, and whom, am extremely
! happy to hear, have been shipped off to- be
/ employed in that war let us suppose that
a corps of this celebrated legion were to be
made prisoners in battle against the King
ut WoStpbalia; will the reader say, that the
| King OF Westphalia, though now the sover
eiEn Of Hanover, would do right in consider
/ ,nE these persons a. traitors, and su5jectiug
/ th~in tn the Punishment which our laws pro
vide for traitors (; namely, that Of being
hanged for some tine, cut down before they
are dead, having their bowels ripped out
while they are yet alive, then having their
| heads chopped OF. and their bodies cut each
! into four quarters, 70 ~ placed at the dspe-
eat Ut the King VIII the reader say, that
: the KnE Of West halia would a. right III ne