The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-30
;. sr,.s .ns pu.,.A.d for .. sn.ass Of assr.nt

can - r,es and PuHishsd for IN snsnss Of dssssnt
Tins opinion Mr.. Buchanan subsequently cor
reefs IN another letter, as followe:-
Blackstone, In his CONNIE ntaries, vol l. page 800,
rye ina. ,s shs sshsr ac tho
former being also perpetual the latter temp )rsry'-
Again Local allegiance Is such as is due from an
alien born for 40 long time a. he continues
within the Kings dominions, and protection; and IL
the instant ruch stranger transfers himself from
this Kingdom to MOTHER According to British Law
and practice therefore. aliens guilty Of treason
ab acts whilst residing In England, are tried
and pusishsd for high treason Vide l. East's Croxn
Law page 81; Blackstone's CONNIE taries page "a.
take It. aso. that in this country, foreigner,
whilst enjoying the protection Of our laws and con-
might during this period commit treason against
the United States in levyng war against them or in
adhsripg to 'heI enemies giving them their AID and
granted by Chief Justice Marshall in delivering the
opinion Of the Court in the of the nited States
vs. w tberger. D. Wheaton, 81, where he says that
treason IL . breach Of allegiance, and can be COM
Eited by him only who owes allegiance either per-
pstual or temporary The word,' therefore owing ale
entirely surplus words which do not, in the slightest
degree affect its sense Sad indeed might be our con-
dtion should emigrants hereafter arrive in
country in times of difficulty and danger possess
ing different spirit towards institutions from that
by which they have been heretofore animated IL
but citizens of the United States could commit the
crime OF treason. l need scarcely add, that
whenever the occasion may require It you will resist
tain the American principle that British native born
tects, after they have been nsturalized under
Laws, TO ell intents and purposes. much Ame
yiean citizens and entitled to the degree of pro-
sction a. Though they had been born in the United
Statesn
Following out these Instructions, Mr.. Bancroft
addressed an official letter to Lord Palmerston,
reiterating the innocence OF Messrs. Bergen and
Ryan, and denying that any thing which had oc-
CURED IN America, justified the adoption OF such
measures, purely directed against persons coming
from The United States, as had led to the appre-
hension of the parties In question. That the utter
ance OF Oplnlon by the parties In America Is no
crime. This letter is able, but very long paper.
The effect of this letter the Liberation OF the
two gentlemen from custody, upon condition that
they lett the country.
MIR. Buchanan addressed letter to Mr.. Ban
croft on the 18th December, (he last of the papers
torw arded,) approving of Mr. Bancroft's Z" able,
peIsev. ring, and successful efforts" and after
arguing strongly against the tyrannlcal order OF
tie 18th of August, thus concludes:-
"The President has therefore directed to instruct
you to piotest in the most solemn and earnest man.
which official propriety viii warrant against the
orders Of the British government issued the I'd and
18th Of August last and against the arbitrary and Of
fessive distinction which they make between our eit
and the citizens and subjects Of other nations
and sleo between native and naturaiZed ctze
The liberation Of Messrs Bergen and Ryan, without
trial the only American citizens known by the de-
psrtment to have been imprisoned under this act
affords evidence that reasonable cause existed for
these rders The form and language of this protest.
with the present despatch as general guide is SUBJ
mitted altogether to your own discretion.n