The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-31

other citizen, and there we are pundered or out
ragged BY the arms Of government OF war wiIn saas
established principle Of American Law TO protect or
to indemnify us. II we enter your armies, or are
called out to fight against the power VIC have accora
ing to your laws, especially rsnoaAced' sno ~
executing your orders and defending American terri
tory or American right, We fall into the bands OF the
enemy there is principle Of his laws, not acqui-
esced in 60 far by you, which secures ne the treat
ment of prisoner Of war; or protects US from beng
contaminated on the drum-head, and hanged to
the nearest and most convenient beam as traitors"
These are grave charges, true in fact, however
outrageous, and must now or later be definitely
settled. 1t is impossible bet that while in all other
is in direct antagOpsm to those of hereditary right,
hereditary legislation and hereditary allegiance, the
public law which should aid must guide the affairs
of the TepUblc should be equally to that
which acknowledges Inherited allegiance alone. and
ignores the people, The law OF hered tary right IS
abhoreDt to our system and our Interests not only
domestic bu, commercial and III der the present al
ministraoD there is fear Of any retire 1T from the
fundamental principles Of democratic existence or
that the ht of every individual TO choose his ALE
glance when that allegiance is given to us, and not
defsats by the individual legally giving it., VIII be
asserted. During the past administration Germ An
bern citizens jourpeying in Germany upon business
purely private and connected with their family az
fairs, have been grossly outraged, and in many cases
subjected to imprisonment, and that mainly because
they ba the audacity u come rom America. This
must not be longer permitted. There Is no member
Of the Austrian royal family entitled to IMMUNITY
from this nation whose alliance is worthy Of consi.
derac ior, or whose hostility is ab0vecOntempt and
then it will be tbat Gen. Pierce knows no dife-
renee between naturalzed and native born citizens.
The protection which is due to the one is eqnallY
due 10 the other, with slight difference only that II Is
especially due 70 the nat1raliZed citizen, Who not
guilty OF any crime, ar journeying upon his just
| business happens 70 fail into the power OF that
| government which, in obedience 70 our laws and
trusting to the guarantees Of our country, he has es
/ ga1fp tn him
he be outraged onaur account That in the event
| of war with European power any German born,
French born, or Russian born or Spanish born or
English born soldier fighting in our ranks, or other
wise neeiing the enemy while prosecuting his legit
make duty or business as an American citizen, sol
der, or resident, could be seized up and snmmarily
| execued, is to imagine an act .hlch no wise az.
| eressor would be rash enough To attempt, at all
| events under democratic administration. But in
view Of the difficulties in which European or other
war may involve our people or our commerce, 1t IS
nece ssary that The principle should DC asserted and
that il should be known to whatever combatants may
enter into the lists The present is favorable op.
portunfy
Such being the right o" citizens, whether nasu-
Jalzed or foreign, the only qnesti n remains as to
what distinction exists between an individual who
has duly declared his intention, and such citizen.
Our answer is-none, as to the rights common to
all to protection from outrage. To imagine that our
present naturalization laws were enacted IN spirit
vin6ictve hostile to immigrant foreigners, is to
ird3lle in delGsion offensive tn tie great demo-
clacy by whom those laws were primarily asserted,
against federalism and seditionmongering. On the
contrary they were conceived in spirit educational
equaiz'ng, and eminently liberal and progressive
They are TO some extent, restrictive and as such,
accol ding to all legal docrire are to be Interpreted
by +" strict construction" But moreover, while they
are exceptional they do not take from the immigrant
any thing which be has, but give him. or engage to
give him, his taking oath, after certain edu-
| ca'ioIal probation, for certain equivalents, oil the
| rights and franchises which belong to nation Of
mis- hltfy hfn1.
the safety of nation and his own permit, and insure
him all the rest (bnt the Office OF presden) when his
acquired knowledge and habits will enable him
to use them without prIesupposed injury to
! the institutions which be has selected to
preside over his safety and his happiness.
The ballot box, and 50 FORTH reserved; but the
right TO protection from outrage ia not reserved.
Congress is reserved, but the protection of the
magistrate, of the judge, OF the supreme court OF the
president himself, is not reserved. The Immigrant
may not throw his vote into box like citizen, bat
a citizen may not With IMMUNITY before the laws,
threw lin into the gutter. In short, he is equally
protected II all things citizen is protected even
rom voting, while, as the Law presnrnes, he cannot
safely DO 80. lis right - carry arms, to mold mill
tary rark, lie receives, on his declaration OF inten
ions and while he cannot own real estate without
such declaration, wien be does declare his house
or hoy6l Is secure any citizens CASTLE
| At home, therefore, the immigrant Who has de-
clared his intentions secure in life, liberty and
property az any citizen. Wby,t erefore not abroad?
What principle OF the constitution OF law is there,
which acts that an American citizen is secure in
New York or New Orleans, but the moment be
the threshold OF The ocean, anybody may knock him
in the head with impuntY? None certainly none:
ard if not for the American citizen, why Tor the i'm
migrant who has declared his intentions and who at
hunie Is on equality with the citizen in o right Of
protection from outrage Where is the clause Of the
naturalization laws which says man who has de-
clared his intentions" may be knocked ia the head
maltreated in any way, outside Of our civil uris-
dction, urt he stakes ont his papcrs2" II there IS
nc such law, who dares to attach this inhuman ad.
dendnm to code educational, eleva.ing, and human
| jZng! The representatives of the federal party
OF the excluiyeness and cruelty Of the days of Ad
| ans Does this vile addendum exist for the sailor
who to day sails from the American port in which
yesterday he declared his intentions? If not for the
sailor, why for any other emgrant who has equally
conformed to the requirements OF our law s there
anything in the haor more sacred than in any other
! American GeniZen Are sailors rights more
stUl endous than American rights Or have not
"sailor's rights grown ont OF American rights and
are they not dependent on and but part of them?
Bat then abroad We forgive the superstition so
long prevalent that abroad the citizen is nobody The
American oftcerip command Of frigate, or even Of
vagrIt bathing box, OF the American Consul in
charge OF our interests in an antipOdal hamlet Is
more Independent Of the American people than tLeir
President is. He i but the first servant oil the people
| they but minor servants The people can always
command his attention and his interference, and it is
the determination Of the present executive to exact
that law throughout every department OF the public
I
itself to navy foreign stations to which Capt.
IBgrahala is noble exception. Ee, and not mon
ercbea must he inflated. The American citizen
must be justified in his relief in the universally Of
his lovcrnn ent-must be warranted in believing
that wherever ne sees bis flag abroad, whether in
South Sea OF North Sea, ct Asia Minor or at Homo
lulu there Is bis country there is his prctectorhe
must realize the fact and walk securely On the earth
conscious ,f it that III ell legitimate transactions 81
acts, he will be there protected by every arm Of the
pubic service, whether 1t he only middy's dirk OF
the troadside of feet. With such feeling abroad
no hand dare torch even n solitary citizen. Every
officer must knos that alone aud single handed, he
protects an American with nation at bis back
and ether governments must Know thai truth and
respect It, We fling. therefore, from with DISCUS,
the disaracep supposition that protection from ouc
rage abroad is less essential tbaa similar protection
st bone-is less dUe 70 the citizen less tie duty Of
the government Such vulgar superstition is I'M
WORTHY Of Ameri AN citizenship. and OF the American
people. II IL not bint.d at III the naturalization
laws and The present administration will not be Ike
1y -fa lirpta