The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-09-01

peace and 10 the Of the federal government. We
are confident that the PTesldent OF the United States will
proye that the principles sDnounoed in his the
OF which drew down The paudts OF The /
whole nation and restored citation he nieer OF
that American citizenship hcb, oil late Year,, has been
frequently and 70 pvnionsly o0iraged shall not be
dead letter. die The death OF boas ness 10 his hands
but shall be sustained In Asia in Poly Eesa, in the
cart Of Europe. or in The Gull OF Mexico with ALI the
force OF his administration, and OF the country which 20
generously sustans him. II is peculiarly ieicoas.
moreover that The FIRST occasion which has provoked
their assertion should be OF such nhumanly and gross
outrage that exces The gorge OF all civilized nations,
and that the provoking party should be The representa-
lives OF government which has succeeded IN alternating
every province and every under lis subsection which
has mol won the admiration OF the world either by It's
justice, rs moderation. its vaof, or is humanity and
which, IN lis Intercourse with TINS republic, ID tolay
worthless ally a consumer, and, as an asso-
caie has been eminent only for supecil,ous erontey
and well -chasused presumption -.Y
We presume that il kosla naive-born or natli'
rallied citizen doubt could arise as 10 the popriey
and the duty OF Captain ngrahams conduct OF as 10 me
necessity OF The executive vigorously Supporting him
The only question, therefore, which arise IS, bow lar
The fac, OF alien legally declaring his Intentions IN our
courts entities him 10 that protection against outrage
which is due citizen. IL is not alleged that kosa
guilty of any offence against Tnrk,sh laws, or The
authority in jurisdiction at Smyrna, or that even he was
engaged 10 any aci y ns p.elaa'es is n.ss
therefore, in a nutshell
We unhesi,a,pgly PROFOUND the doctrine that an alien
who may have declared his Intentions" according 10
legal form becomes Instantly and BY that act entitled TO
every protection against outrage which American law
and American arms owes 10 the citizen
Our reasons tbreefold: LIST, based on "pubic
law" 81, on American law and lis fundamental pnnc-
Plies as conlradising ulshed from the law OF hereditary
right; and Sd, The terms and consequences OF be
.. declaration OF intention" itself.
AS TO the first category, while decline to accede 10
any thing contained in what called international law
it has hitherto been pacsed, and has been
cocted by monarchs, and their agents, and their book
worms, 10 suit their interests their .gory," or their
convenience merely because such aud such dogma is
found in Blnmenback or in Vaiel, sull all such laws
have less consistent relation to The moral
sincs OF family, and guard with rigid iheoretic
cusveness though often practically violated, The s,ncli
~ of neutral territory and neutral bottoms That all
members OF family are entitled 10 equal protection from
the head thereof against outrage is automatic instinct
essential to manhood and TO nanonhood, which will hard.
ly be questioned II has al all events been the rule and
practice of The dmerc1n family, both and dis
tnct republics and federal executive. The question
then only remains does the ''declaraon of his inten-
tons" by alien constitute sucn admission and
ance OF The Individual BY the family Ii II does the
immigrant who has decared his Intentions becomes in
the Oldest nhabi,an. or the most venerable representa-
tive Of line OF citizens That does admit and re-.
ceve him we shall presently prove,
But as 10 the sancty OF neutral ground there is
doubt in claw, and in practice there are abundant
ampes Moreover, the very oTignators of modern "pub
lie law" OF Europe, the regnGg baro1s OF tie middle
age instituted and Ieco nsed the night OF proe clon
all the free lancfs and The ancecompanons under their
banner no matter what their place or birth, who had moi
lransgressed the claws of Chivalry" Sir Kenneth Of
Scotland, under Richard OF the Lion. heart and Sir Du
gald Dalge,y, OF Gustayus Adohus celebrity, had
equal right 10 the protection OF the banner under which
they enlisted This, in that age, was equivalent 10
rights OF emigration aud OF selecting allegiance The
troops in The pay Of the Italian republics, though
only mercenarss, and tie guards and egons of foreign
extraction continuously Tor three hundred years in the
service OF the various European moaaches the Swiss
guard and Irish brigade Of the French monarchy, the
Irish legion aud Polish legion # Napoleon the Eng ish
legion in The service of Spain, and Hessian mercenses
in the service Of Eng land, equally respected and
none OF these monarchca trainers Of public law dared
exclude OF these from The protection due To
yeIym member of their family
But while IL is doubtless true that the nvioabi y OF
neutral territory and the protection cue by the g 10 lis
ioowers have not always been Tespeced-while il il
true that The British habuslly violated the neutral
ground" during our war OF &c while the battle of Co.
penhsgen was hserani outrage on humanity and ON
nailons-whilc Napoleon dsgusted his followers by
the SEIZURE neutral territory oil the Due d Eng helm
still there is established and welknown which
in Europe sus'ans the position advance Some
Harvey Morres, William Cor
bet, and Colonel Blackwell by name-implicaitd in the
rebellion OF their native country IN l79S, subsequently
became officers in the legion and armies OF Napoleon,
and being unfortunate In an expedition for the nva
sion Of British Territory, having actually invaded
and landed on British territory, escaped 10 Hamburg
There, Oh that neutral territory, tngsh agent in
stigatlrg the authorities OF Hamburg tie latter seized
Inc fugI,ires, delivered them TO The English officers
who took Them 10 England. and subsequently, 10
Ireland, wheie, of course, they were liable 10 death
Napoleon, antocfai and worse as he was, with not
particle oil Iepublicansm about hun. demanded heir
instant release, members OF bis family VITO were
seized on neutral ground; warned tie Hambughers of
Their doom made war on the point, procured their
lease despite of every difficulty aud the subsequent
peaSe JSo2) exacted from The authorities OF Hamburg
hne OF two millions sterling for the outrage permitted
and carried out by them The English government itself
upho'ds this doctrine OF citizenship to greater
tent. Jew born in the ona islands long since
nobbed IN Athens here he mad bee long business and
made himself Justly deesed lie claimed fne protection
OF British subject and, though the Greek government
WAS party TO the outage as The Austrian government
ia in this OF koss, British feet Immediately block
AIDED Athens and the pr9us, and withdrew only upon an
eStoronac tribute being 10 lis proiege The Jews
was Pacihcohe British minister the present Lord
Palmerston By therefore The public law Of Europe The
nag claimed by an iDdivdua though he may not be born
under ~, protects him against all outrage neutral
ground, whether that outrage be by government or
mob, ii he be- by such laws practice they have
IN Europe, entitled TO that protection.
The second category OF reasons which compels 10
adopt our position purely American and repubcan
based on the principles OF existence OF history
OF our freedom, and which no respon sibe American
officer dare ignore They urn on one pon,-,he freedom
OF The individual 10 select The country which be gives
his allegianc r.eH
This is point which not settled by the war OF
ls12 or by the treaty OF Client though il the vital
question upon which that was fought Up TO the
establishment OF American Independence IL prn-
cple OF the law OF nations universally acknowledged
that once subject always subject !" that The indivd-
ual born under AS or BIS crown, owed perpeualy for
his lifetime his allegiance TO or that his subieoion,
service and allegiance born with him, and the he
redtsry property of or b. Old seventy ended that
sopendous ptesump,ion American existence, American
freedom, and American citizenship were based the
direct contradictory OF that assertion We opened the
arms OF continent To all the world. invited immigra-
lion and share grandeur nd our happi
ness. and the success OF the world came eeming into