New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-12-02

back into British territory, alter tncil s"uucn
and Temporary Eruption, arc not subjects OF
Grea. britain. hut reyolted citizens OF t,io
United states. We apprehend tharno such ex-
cuse or palHation will be seriously sus'
gested by any one conversant with inter-
national law. or with the law of England.
We think it well, however, to look at the
nuestion for moment in this light. Therefore
LET rs remark, that that fact (if fact it is) can
make no difference as to these offenders IN the
enforcement Of their punishment by British law
! in British courts. Whether these hostile invad-
ers were natural subjects Of the English crown,
aliens or denizens, they all, in equal degree, SO
Ear az their liability TO answer 10 the law for
this their act is concerned, owed an allegiance
TO the sovereign and an amenability to the
laws of England. Allegiance is either eX-
press or implied. 1t is distinguished by
law into two kinds: the one natural,
the other local; the former being also perpet'
ual, the latter temporary. Natural allegiance,
we all know. is that which results from the TACT
of person being born within the domlnions OF
the sovereign, and is due by nature. Local al
legiance is such as is due from an alien, or
strangerborn, for so long time as re continues
within the kings dominion and protection, and
il ceases the instant such stranger transfers him
self from that kingdom to another. Natural ale
legiance is therefore erpetual-local, temporary
only. II is founded in the nature OF govern
ment. These allegiances ere applicable 10 inc
political capacity ofthe sovereign as well as TO
his natural person. This is the doctrine OF the
great English commentator Blackstone, and the
American doctrine on the subject, as enunciated
by Kent, is thus stated: strangers are equally
bound with natives to obedience to the laws OF
the country during the time they scjouIn in 1t,
and they are equally amenable for iniraction Of
, the law"
| So that these Observation-Disclosures may be
their oflense against their own county-stand
before the British law in precisely the same
| light as if they were natural sub Gets Of the
crown. And thus we see the incident of their
being aliens or denizens does not embarrass the
legal aspect ofthe case.
Now, if natural subject had done the wongs
which are admitted TO have been done by these
men, they would, one aud all, come within the
condemnation Of the law Of England What is
that law To make war and peace are prerog-
atiyes Of the crown, and "are rooted III and
spring from the sovereign's political prison.:
As much so as the prerOgative to give currency
to coin, TO regulate weights and measures, and
the like. Instances Of more than one illustrous
Englishman whose ill.regulated ambition and
unlawful enterprise led him to act in an often
sive and hostile manner "against His Majesty's
allies" and who paid the penalty Of his insub.
ordination with his life, will at once suggest
themselves to the reader in connection with
this allusion. Why, is it not well-hnown that
England has had for many years. and Low con-
tinues unrepealed On her statute-book, an act of
Parliament which was passed, like ours, express.
lly to prevent transactions originating within
her jurisdiction 30 nearly approaching to public
war. as this "raid" on st. Adams But the
principle OF these laws does not depend upon act
of Congress or Parliament. 1t inheres in all
government 1t is essential to its peace ind
existence Nor is the action Of the principle
limited to deeds OF violence, but all transactions
which have an intent and tendency TO disturb
the peaceable and friendly relations Of he
country with other nations are clearly within
the reason OF the rule. Jean Peltier, a French
emigrant in England, published there several
articles, which were deemed Gbelous and oflen-
sive to Napoleon, at the time he was the FIRST
Consul of France. He was indicted for the
crime OF libel, and was tried thereupon in the
Court Of Kings Bench, at London,
remembered, by the celebrated Sir. James
Macintosh, in speech Of such rare power and
beauty that il has ever since held its place
among the chief forensic glOres Of The English
bar Peltier was convicted. The nature olhis
ofense was that his hbelous article tented to
disturb the peace Of the county with France.
The last prosecution before that Of Pelter, in
England, at the instance OF the French Goveni.
ment, was for libel "on that magnsnmous
princess" who shortly afterward was butchered
in sight of her own palace. Il must admit"
says Macintosh, in bis address 10 the jury,
''the right to bring Before you those who libel
any government recognized by His Majesty, and
at peace with the British Empire
If the Crown has right to bring before jury
those who libel government recognized and at
peace with the British Empire, how much more
certain is that right, how much more imperative
is that duty, when alien-residents have violated
its hospitality and protection, made incursions