The Portland daily press., 1864-12-10
The Right of Refuge.

raiders on st. Adams, now on trial In Mon
treal. One question is, are they political ref
uCees, and, as such, entitled to the protection
of the Canadian or British government
That they did not fee from the Confederacy
or the United States to avoid danger to their
liberty or their lives is manifest. They sought
Canadian soil, not as refugees from danger,
but for the express purpose OF making it
base of supply and a place of retreat sach
is the fact beyond any question or doubt.
Had they been pursued by Federal FORCES
and driven into Canada In spite Of any resist
ance they could make, they would nave the
right to seek refuge in that country and to
claim the protection OF us government, and
especially so, If while there they obeyed the
laws Of that government and conducted them
selves az denizens owing a temporary allie
r;onca to IT, But these raiders stood in no
such light, were surrounded by no such con-
dltions, and can make no legal or just claims
for protection. We know that not only these
raiders, but also thousands Of others, are on
Canadian soil, whose sole object is TO concoct
plans there, cross the lines and commit rob
berry and murder upon the citizens OF the
United States.
International law forbids us to enter aneu-
trail country, seize the rascals and drag them
across the lines into our territory where they
could be punished according to the nature Of
their crimes. Neither can we lawfully enter
Canada to suppress these unholy combina-
tions of traitors for hostile purposes against
us, although we know they exist there. True,
in the language of Webster, we might do SO
If there existed "a necessity Of self-defence,
instant, overwhelming, leaving no choice of
means, and no moment for elaboration" No
such necessity now exists, but one may arise
hereafter, if the authorities Of Canada do not
themselves suppress these combinations and
plottings on their own soil, or endeavor to do
all they can to crush them out; for it is q we'll
settled principle of international law that neu-
trail powers have no right to foster, cherish,
encourage, or even wink at such demonstra.
tIons against government not at war with
them. Cag ftFl
Such conduct on the part of friendly or
neutral power would be sufficient cause for
war. Lord Ashburton has said: Respect for
the inviolable character of the territory of
independent nations is the most essential
foundation of civilization" But this ques-
ton is too plain to require any argument in
its support. We presume England will not
dispute the position here assumed by one Of
her most learned Lords and we trust the
Canadian authorities have not forgotten the
grounds we took when their subjects got up a
rebellion in the year 1888. .sssa
We did not then suffer our soil to be base
of supply for the rebels against Canada
When any attempts of the kind were made
our President promptly made proclamation
that it was his determination that all such dis
turbers of the peace should be brought to ex-
emplary punishment; and he did right. And
we now ask the Canadian authorities to be
equally prompt and open and bold, and this
we have right to demand. 16
But, to return to the political refugee ques,
tion. the fact that these st. Adams raiders
came into Canada to organize an armed inya
sion upon our government is admitted by
Lieutenant Young himself, the acknowledg
ed leader of these scoundrels. Yes, he boasts
that such was his object in treading Canadian
soil, and we presume the most violent seces.
sionist or Southern sympathizer in Canac
will not have the brazen face to dispute Of
question such testimony. mmo9 10 Ic
Thus, then, there can be no controversy q
that point These rascals came into the
Queens dominions, and thereby violated the
laws of Canada, for her laws as well as the
laws OF all civilized governments, forbid per.
sons to enter their territory and organize
armed bands to commit depredations on theil
neighbors with whom they are at peace
Lieut." Young and his brother marauders
have done that same thing. and therefore yio-
lated the laws of Canada. And here comes
up new phase to the question which wri-
ter In the New York Tribune has ably, can
didly and clearly discussed. asfnss 10 Z. 8sgofi
The ground of his argument is this. .Lieu-
tenant" Young and his satellites, coming into
Canada with such intents and purposes
and organizing themselves into a band of
marauders and murderers, to prey upon the
people Of neighboring State, have violated
the laws of Canada, which violation has a
positive tendency to involve the British En-
pire in war with our government. In this
aspect of the case, it seems to US that the
Canadian authorities ought to have shown
more promptness in the trial of these cases,
and not suffer them to drag their slow length
along as If they were in doubt what to do
with them. SEA
The Tribune writer says, the British Gov
eminent is entirely at liberty to adopt one of
two courses. First, 1t has the privilege of
indicating its laws by indicting these persons
for the high crime of making war upon "Her
Majesty's Allies" without license from the
Crown, and also for robbery--of both of
which they are guilty. The crime Of robbery
Is ADDED, because these criminals brought
within British territory immediately At, or
possessing themselves of it by violence the
property they stole at St. Adams, and TINS,
by continuance Of the criminal act. which
relates to its inception, and commi,,ed MIR,
in the Jurisdiction of the British Fmn;ro
crime known to and punished by its law NJ
matter whether Lieutenant" Young horo
commission from the $50 called Conieder.to
States" or not. ~ Aillf
But in the second place, If this "Lieutenantn
had no such authority, or commission to do
the acts we complain of, then he and his com
panions in guilt were not entitled, on any con-
ceivable ground, to the right of refuge, and
tney should be delivered up on the demand
OF our Government under the Extradilion
treaty, and then we could deal with them &C.
coroing to the law Of the place where the of.
fence was committed. Blackstone says "such
unauthorized volunteers in riolence are not
ranked among open enemies, but are treated
like pirates and robbers
But after all, the great question is Win the
British Government permit its territory 10 he
made the rendezvous of our public enemy for
offensive operations against us, in violation -