The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-24
NEGOTIATIONS WITH FOREIGN NATIONS.
sce.cb of Lord Campbell on Unnuthosiyed
SRE.sosasS sonf Anne aican Law, and the MIS-
&C. m the Friends OF Peace 90 Russin.

Lord CAMPBELL, in moving the second reading OF
tbis hill said that he well aware of the respon-
sibty he incurred by laying this bill the table
of their lOrdshps' house, inasmuch as 1t sought 10
extend the penal law OF the country. lie hoped
fiat the bill would operate only by way OF proven
ton and that after it had passed into law, what 10
eoprbt to remedy would have ceased 10 exist At
the same time he proposed 10 establish new mis-
demeanor, which, though liable TO a mil punish
ment, coslld not be proposed without casting upon
that II yould not interfere with any natural or con-
stitutional right and that some evil had been expe
rienced or might be apprehended, which rendered
ierislation necessary. He believed that he should
he able to show 10 their ordships that the bill now
before them did not Interfere with any natural or
constitutional right, and that it was called for by
evils which had heon experienced and by great evils
which might be apprehended. There could, he pre-
sumed be no doubt that the law of nations cor
rectly laid down in the preamble Of the bill and
there could be no doubt that by the ,on; =
nations, intercourse between State oon,d on,u
be leg'tlmateiy earned Oh ny the governments
o .iueV 20 ministers or officials duly au-
tho.IAeu w ,aTy on negotiations Ii would be Pc
danuy l.im to quote authorities upon this subject;
Dun ~ could, from Grotius downwards, show their
ordshps that every jurist had either assumed as
doctrine or had expressly laid down for law, that
such was the law OF nations upon that subject He
should content himself with referring their lordshps
to an authority which they would all reverence-he
meant Edmund Burke-an Englishman, or he was
perhaps wrong in saying Engshman, because he
celebrated letter to the Duke of Portland published
in 1898, used this language: 1.-THE laws and consi-
tuition the kingdom entrust the sole and exclusive
tight of treating with foreign potentates to the
King This is an undisputed part of the legal pre-
Negative of the crown" Then Mr.. Burke designated
,n unauthorized Interference with foreign govern
lnent a most unconstitutional act' and added:
sThe legitimate and sure mode OF communication
ietween this nation and foreign Powers is rendered
Uncertain, precarious, and treacherous, by being
divided into two channels, by which means the TO-
reign Powers can never be assured OF the real au-
thority or validity OF any public transaction what
soever.n He then pointed out that such unautho-
rized communications make a highway into Eng
land for the intrigues Of foreign courts in our af
fairs" and concluded with these emphatic words:
"This is a evil, evil from which, before this
time England was more free than any other nation.
Nothing can preserve us from that evil, which con-
meets cabinet factions abroad with popular factions
here, but the keeping sacred the Crown as the only
channel Of communication with every other nation"
Now the facts upon which Mr.. Burke based these
observations were, he believed not actually exist
ing but the authority of that statesmans name was
equally great upon the question, this being the doc
trine he laid down upon the supposition that the
state OF things which he apprehended really did
exist. There could be no doubt that even with
those who had no evil intenton-even with the 10y
al, the patriotic, and the intelligent-evil might
arise from unauthorized communications with foreign
powers. They might thwart unconsciousy the
measures of their own government; they might lay
themselves open to mysttcation and cajolery on the
part of those with whom they acted; and they
might be the tools of foreign powers IN spreading
in this country doctrines and opinions that were UNI
favorable to the government which then existed.
Now could not their lordships suppose II such evils
might arise from the unauthorized interference OF
those who were loyal in intention, what might not
be apprehended from those who were disloyal, dis
affected and factiousl They might in this way seek
to thwart the measures OF the government OF their
native country; they might be the instruments OF
bringing about war, and OF sowing dissension, dis
and tGata afsn tsaf hnrnn I1rnnf hll anf
although the law OF nations such as he had des-
cribed, our municipal law defective, and it was
in order to this defect that he ventured to propose
the present bill. Ii anything happened within the
realm, the municipal law was sufficient to punish q
violation OF the existing law For instance, II there
was conspiracy in the county OF Middlesex for in
viting the interference OF a foreign nation, ever
though we might not happen to be at war with tina
nation, no doubt the courts would have jurisdiction
md the offender might be punished; but for what i
has done abroad you have no remedy. There was
Principle of our code which rested upon this suppo
EsSfl1hAat hpe fl Gach County, and that grand Jury
was to find each indictment, which indictment could
only relate to that which was done within the bod,
of the county. Except, therefore, an offence wer,
committed within the body of an English county
there were no grounds upon which you could act
III followed that those who combined 70 thwart tn,
measures OF the government, or do in connection
with any foreign government what woad be ex
tremely detrimental to the interests of their OWE
country, would escape from punishment, unless i;
could be proved that the plan originated in England
and unless you could show an overt act committed
IN England. Although it could be proved that at
the bar OF the National Convention an address was
presented of most sedtious nature, calling upon the
French nation to take part against England you could
not by the simple proof of that fact award punish
ment. With regard to high treason and murder,
this defect was remedied, and whether committed
in any part the globe these crimes might be in
CURED into and punished. With regard, however,
TO every crime which ranged within the term of mis-
demellOr defect cd
being the case, he would draw their lordships at
tention to what had been done by our brethren in
America The first settlers there had carried along
with them to the regions far beyond the Atlantic the
common law Of England, and they had in various
instances given us an example of Improvements eff
tected in that law which we should do well to fol-
low. Clear, hear) He must say that in jurispru-
dence the Americans had done that which should
not indeed excite our envy, but which should
prompt our imitation. Now what course had been
taken upon this subject in Americaand taken, be it
remembered, in no way contrary to the natural or
constitutional rights OF American citizens2 1t was
felt in America that very considerable inconvenience
was experienced from the interference by American
citizens with foreign governments. That had been
felt Tor some years, and there was particular in
stance OF 1t in the of certain doctor who in
trigued with the French Convention with respect to
matters pending between the two governments.
measure was accordingly proposed by two of the
greatest statesmen and greatest Of patriots that ever
adorned any country-Adams and Jefferson. In
1899 John Adams was President Of the United
states, and Thomas Jefferson Yice.President, and
under their auspices bill introduced into Con-
gress, which, with their lordships' permission, he
would now read. 1t was short, but il was cogent,
and he must allow that he was not aware Of the
existence OF this piece Of American legislation when
be had framed the present bin. The American bill
was more stringent than his and provided superior
punishment. These were the words OF it,
BE it enacted by the Senate and House Of Representa-
yes OF the United states of America in Congress
bed That IL any person being a citizen Of the United
States whether he be actually resident abiding within
the United States or in any foreign country, shall
without the permission authority % the
OF the United States directly indirectly, commence,
any verbal written correspondence in
tercourse with any foreign government any officer
ag nj thereof with intent to influence the
or conduct az foreign government OF any officer
or agent thereof in relation TO any disputes conrover
sizes with the United State TO defeat the OF
The government Of the United States or any person.
icing citizen Of resident within the United States
nd not duly suthorizeds shall counsel, advise aid,
sst In any such correspSnence with intent afore
aid, he or they sha be deemed guilty of high misde-
eanor and, upon lotion before any court of the