The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-09

lEhciosuIe'1
SEPTEMBER 7, 1915.


| fEnclosuTe.l
SEPTEMBER 7, 1915.
SIR By an accident am enabled to communicate 10
you facts which you will doubtless consider of
extraordinary character and which 1t may, perhaps, be
useful for YOU TO be apprzed of our minister at the
court OF Great Bli'an and Ireland
On the I'd OF August last general order (prlned) was
issued by Colonel cGregor the head of the consabua-
y IN Dublin, to the various officers under his authority
directing them to arrest oil persons "coming from Ameri
TO seize, search, and examine their luggage, their
persons, and the lining OF their clothing. 1t allows
discretion TO the agents OF the police does it
authorize that such persons arrested should be restored
to their liberty in of there being ground for
poion against them Thus, you will perceive, sir, that
citizens of our republican land-those, too tainted with
the circumstance OF having come from there when
conducting themselves peaceaby and inoiensyey, and
not interfering IN political questions .here-were ordered
by this government to be ncarceraed at pleasure and for
an inaefnite period.
On the lsthof August this order modified. as
to limit the and incarceration, seizure and search
to returned emgrants and those Americans against
whom there may exist suspicion" II nothing should be
found to warrant snch suspicion, these latter were to be
subject have seen and read both of these orders at
teniyely and you may rely upon the perfect accuracy
and precision of what have stated
have felt it my duty 10 make this communication TO
you, as the representative abroad OF the rights of
country and our people, 10 the end that you may know
what steps have been taken by the government of Great
Britain 10 deprive, at one time, all Americans OF their
personal liberty and the ordinary privileges and rights
extended TO foreigners against whom there may have
been no charge, no complaint no suspicion now, indeed
so limited to affect particularly naturalzed
citizens who may have come here peaceful pursuits
OF pleasure or business, relying upon the protection of
their adopted country These proceedings relics of
| ancient barbarism, well as violation OF the treaty
stipulations usual among all civilized nations.
am, &c
1.-THE writer of the letter, of which the foregoing is
copy, is well known to me- J. 81
His Excellency Hon. GEORGE BANCROFT, minister &C.
|
Mr. Bancroft 10 Mr.. buchanan. -[Extract.l
UNITED STATES LEGArIog,
London, October 30, 1S4S.
have your No 40 of the 9th OF September, relating
TO the incarceration OF Mr. Richard F. Ryan in Newga,e
Dublin. | had already called the attention of the British
government to his case as well as to the very hard case
Of Mr. James Bergen ! shall not ia TO SEIZE z every
under which they held in custody is in its character
thoroughly arbitrary; yet am always answered that is
the law of the land Mr. Ryan is arbitrarily imprisoned
but not illegally. The law, of which sent you copy
with my No. So, speaks for itself II is utterly despotc
in its character, but received the sanction OF para
ment. The circumstance that the law its nature
contrary to British usages far from moderating its effects
has the opposite tendency In despoc governments the
police is trained to the application of despotc rules and
custom begets moderation In Ireland, there seems to
have existed an eagerness TO produce great sensation
Mr. Buchanan to Dr.. Banren-[Extract.l
DEPARTMENT OF STATE,
Washington, October 20, 1919
! have this moment received your despatch, No %,
and have only time before the closing of the mail say
few words in relation to It,
Treason cannot be committed by citizen OF the United
States against foreign governments and we are bound
by every principle OF faith and national honor TO main
tain the doctrine firmly in favor OF naturaized
our native citizens. should trust that the British gov
eminent not prepared, by the trial of Mr., Richard
Ryan for treason, to precipate question which must
produce such tremendous excitement throughout
country; especially when this be easily avoided
If Ryan has violated the laws OF Great Britain within her
domnons, he be tried and punished for offence of
different denomination.
Mr.. Buehanan to Dr.. Bancrof.-lExtfact
mo. 42.l DEPARTMENT OF STATE
Washington, October IS, lS4s
Mr. Richard F. Ryan obtained passport in the usual
form from this department. the 18th May last. upon
the production of his certificate of naturalization He
though he had been born within the United States. |
find, however, that was too hasy in stating, have
done in my last DESPATCH that treason could not be
mited by citizen OF the United States against foreign
government
Blackstone in his Commentaries vol l. page 3s9, says
that allegiance is distinguished by law "into sorts
speceshe natural, the other local the former
being also perpetual, the latter temporary" Again.
"loca allegiance is such is due from an alien or
stranger born for so long time as he continues within
the kings dominions and protection; and the in
slant such stranger transfers himself from his kingdom
to another
According to British law and practice therefore, aliens
guilty OF reasonable acts whilst residing England are
tried and punished for high treason. Vide l. Easts
Crown Law, page So; ~. Blackstones Commentaries,
page H. Vide also, l. East's Crown Law page us, in
gard to the form of indlcNent for high treason.
take it, also that this country foreigner, whilst
enjoying the protection of laws, and consequently
owing temporary allegiance to government, might
during this PERIOD commit treason against the United
States Sin evying war against them, or in adhering to
their enemies, giving them aid and comfort" Indeed,
this to be taken for granted by Chief Justice Mar
shall in delivering the opinion OF the court in the of
the United States u. Wberger, V. Wheaton, 81, when
he says that reason is breach of allegiance and can
be committed by him only who allegiance, either
perpetual or temporary The words, therefore, owing
allegiance TO the United States in the first section of
United States, approved April 80, 1891 entirely
plus words which do not in the slightest degree affect
its sense The construction would be precisely the
were they omitted"
Sad, indeed, might be our condition, should numerous
emgrants hereafter arrive in country in times of
difficulty and danger, possessing different spirit towards
institutions from that with which they have been
heretofore animated, If none but czens OF the United
States could commit the crime oil treason.
Ii may also be observed that the words employed in the
first section of the act 10 which | have referred, are
"any person persons y not any citizen or citizens OF
the United States" &c, &c, &c.
have deemed /, proper to make these suggestions in
order 10 correct mistake into which we both have
fallen,
The President has been highly gratfed with your eff.
forts In favor oil our unfortunate citizens who have been
arrested in Ireland, charged with sedon and
against the British government, and feels confident that
you will continue aid them by every means proper TO
be employed by American minister under such cir
cumstances need scarcely add that whenever the oc-
eason may require it, you viii resist the British doctrine
OF perpetual allegiance, and maintain the American prn