The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-11-25

the seas is by that law under the protection OF the
laws of her own nation, and may clam immunity,
unless in in which that law allows her W '' GU
tered or visited -
If this notion of perpetual allegiance and the con-
sequent power of the prerogaye was the law OF the
world If il formed part Of the conventional code OF
nations, and was usually pracusea IKE me risht oil
visiting neutral ships for the purpose OF discovering
and seizng enemy property, then impressment might
be defended as a common right and there would be
no remedy for the evil I'LL the national code should
be altered. But this Is by no means the case There
is no such principle Incorporated into the code oil
nations. The doctrine stands only as English law
not as national law and English law cannot be oil
force beyond English dominion. Whatever duties Oh
relations that law creates between tie sovereign ana
his subjects, can be enforced and maintained only
within the realm or proper possessions or territory Of
the sovereign There may be quite rs just prerog-
alive right 10 the property of subjects as to their per-
sonal services, in an exigency oil the State Dut no
Government thinks Of controlling by lis own laws
property Of its subjects situated abroad; much less
does any Government think Of entering the territory
of another power fer the purpose OF seizing such
property and applying to ITS own uses. AS laws,
the prerogatiyes OF the crown of England have no
obligation persons or property domlcied or SIT
uated abroad
"When therefore p says an authority not unknown
or unregarded on either side of the Atlantic, ''we
speak of the right of a state to bind its native
subjects every where speak only OF its own claim
and exercise oil sovereignty over them, when they
within its territorial jurisdiction, and not
of its right to compel require obedience to such
laws, the part of other nations within their own
territorial sovereignty. On the contrary, every ma
ton has exclusive right to regulate persons ana
things within territory, according to Its soye-
reign will and public polity."
The good sense OF these principles, their re-
markable pernency to the subject now under
consideration and the extraordinary consequent
ces resulting from the British doctrine, are sig
nay NANTES ted by that which we see taking place
every day England Acknowledges herself over
burdened with population OF the poorer classes
Every instance Of the emigration oil persons OF lose
classes is regarded by her as beneht. England,
therefore, encourages emigration means are hotorl-
ously supplied emigrants to assist their convey
ance, from public funds and the new world, and
most especially these United States receive the many
thousands of her subjects thus eeced from the bosom
of their native land by the necessities OF their con-
dition. They come away from poverty and distress,
in over-crowded cities to seek employment, comfort
and new homes in country OF Tree institutions, pos
sessed by kindred race, speaking their own lam
guage, and having laws and usages IN many respects
like those to which they have been accustomed and
county which, upon the whule, is found to possess
more attractions for persons OF their character and
condition than any other the face of the globe 1t
stated that in the quarter OF the wear ending with
June last than twenty six thousand emigrants
left the single port of Liverpool for tie United States
being four hive tunes many as left the same port
within the same period for the BIRTHS colonies and all
other parts of the world. OF these crowds OF emil
grants, many arrive in cities in circumstances OF
great restitution, and the charities Of the country both
public and private, severely taxed to relieve their
mediate wants In time they minge with the new
o..munity in which they find themselves and seek
means of living; some hnd employment III the cities
others go to the frontiers, to cultivate lands reclaim
ed from the Forest and greater or less number OF
the resdu becoming in time naturalized citizens,
enter into the merchant service, under the flag OF
thel adopted country.
Now my lord, if war should break out between
England and a European power, can anything be
more unjust anything more irreconcieabe to the
general sentiments OF maDkind than that England
should seek out tn, persons, thus encouraged by
her, and compelled by their condition to leave
their native homes, tear them away from their
new empoyments, their political relations
and their domestic connexions, and force item to un-
dergo the dangers and hardships OF military service,
for country which has thus ceased to be their own
country Certainly, certainly, my lord there can
be but one answer to this question Is it not far
more reasonable that England should either prevent
such emigration OF her subjects, or that, II she en-
courage and promote it, she should leave them, not
to the embodiment of double and contradictory al
legiance, but to their voluntary choice, to form
such relations political or social as they see MT IN
the country where they to find their bread and 20
the laws and institutions of which they are to look
Tor defence and p! protection
question Of such serious Importance ought now
to be put at rest If the United States give shelter
and protection to those whom the policy OF England
annually casts upon their shores-lt, by the benign
by the happy condition of the country, those emf
grants become raised from poverty to comfort ind.
ing 1t easy even to become landholders, and being
allowed to pariake in the enjoyment OF all civil
righs-if all this may be done (and all this IS done,
under the counenance and encouragement OF Eng
land herself,) is ii not high time my lord, that,
yielding that which had its origin in ieudal ideas
inconsistent with the present state of society, and
especially with the intercourse and relations subsst
ing between the old world and the new, England
should at length, formally disclam all right to the
services OF such persons, and renounce all control
their conduct?
But impressment is subject to objections of much
wider ran.e. If it could be justified in It's appca-
ton to those who declared to be its only object, II
still remains true that in its exircse IL touches the
political rights of other governments and endangers
the security of their own native subjects and citizens
The sovereignty of the state is concerned IN MAIN
tanning its exclusive jurisdiction and possession over
its merchant ships the seas, except so far as the
law of nations jusies intrusion upon that possession
for special purposes and all experience has shown
that no member of a crew, wherever born, IS safe
against impressment when ship is visited.
The evils and injuries resulting from the actual
practice hardly b. overrated and have ever
proved themselves TO be such should lead to its
lnquishment, even if it we're founded in any defen'
sibe principle The difficulty of discriminating be-
tween English subjects and American citizens has al
ways been found to be great even when an honest
purpose of discrimination has existed But the lieu
tenant of man-of-war, having necessity for men,
IS apt 10 De summary Judge, and his decisions
will be quite significant of his own wants
and his power of the truth and justice
of the case. An extract from letter Of Mr. King
of the 18th Of April 1897, to the American Sccreta-
ny Of State, shows something of the extent
of these wrongful seizures
g Instead of few, and these in many instances
equvocal cases, have" says ne, " since the month
OF July past, made application for the discharge,
from British men-of-war of two hundred and seven
ty-one seamen, who, stating themselves to be Amer-
hnyp ole inf. NJ
Der eghtysx have been ordered by the Admiralty TO
be discharged, thiry-seven more have been detained
as British subjects American volunteers for
want of proof that they are Americans, and to my
oE