The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-01-29
The Right. of American .C,tizess Abfos d.

[From the London Times, jan 81
We cannot be surprised, and we ought not to
be offended at the keen interest manifested by
the Americans in the principle which, as they sup
pose, is at stake. The whole number of foreign
born citizens naturaized in the United States has
been estimated TO exceed four millions, at least
half Of whom are immigrants from British terri
tories, and more than one-third from Ireland alone
If the strict theory of perpetual allegiance were
enforced any of the Irish Americans who might
serve against Great Britain 10 the armies of the
United States would be guilty of treason against
his lawful sovereign, and, il captured, might be
punished accordingly. or course the law would
never in practice be carried to this length,
but patton so largely composed of for
eign elements must naturally rebel against
rule which, If applied, would produce such
consequences. Mr. Sumner, however, went too
far when he maintained that it is peculiar to
English jurisprudence and is not recognized in the
United States. On the contrary, though disputed
in enc case by an American secretary, it has
been admitted, we believe, by all American
Judges and jurists of Tepute, down to General Hal
leck. Mr.. Justice Story himself, though he points
out that no State can give an eXtra-territOrial ope
ration to its laws by requiring another State to
execute them, carefully abstains from denying its
right over natural born subjects returning within
its own jurisdiction. He elsewhere affirms this
right in express and unqualified language. "An
otieuse," says he, may be committed in one
sovereignty in violation of the laws of another,
and if the offender be afterwards found in the
laws thereof, and the fact that he owes allegiance
to another sovereignty Is no bar TO the indict
ment." Nor ia this all for the same eminent
authority negatives, as if by anticipation, the
untensble notion that American legislation
can affect the status of natural born British sub
jects, or any other persons, in al English court.
If our common law cannot govern the rights and
liabilities of native lrishmen so long as they re-
Size in America, it is equally certain that no Ame
ricBn law can govern those rights and liabilities
when they return to Ireland. Such matters are
exclusively within the province of municipal en-
actment, and it so happens that, whatever conflict
may exist between the interests Of the two cOun-
tiles, there is here no conflict between their re-
spective codes. This, indeed, is fully acknowl-
edged il one of the resolutions carried at recent
Indignation meeting in Illinois, which calls
upon Congress Ito define by law the right Of ex
pariation, recognizing the right of American citi-
zens to change their allegiance, thereby setting
an example to Europe. and depriving foreign gov
ernments Of the plausible objections now urged
against Our position in this matter"
On the other hand, some misapprehensiOn
seems to prevail in America as to the nature of
the charges upon which American Fenians have
been tried in Ireland. We have not the indict-
ments or a detailed report of the proceedings
actually before us, and are not, therefore, in q
condition to prove a negative; but we are not
aware that any prisoner now under sentence was
tried for reasonable acts committed in the United
States. No doubt natural born British subject
might have been so tried under the treason felony
act, had the law officers of the crown thought
proper go to frame the charge; but, to the best
Of our belief, a different course has been pur-
sued and most if not all the party who dsem-
barked from the Erin's Hope were actually
tried for ofenses committed in ireland,
or within three miles of the Irish coast,
General Warren, in particular, who has addressed
a memorial to the American Senate, alleging that
be was in New York when bis supposed crime was
perpetrated, was a prominent leader among the
hiibusteTs who attempted to land arms at Sligo,
and one Of those who compelled the pilot to take
an illegal oath. Had he simply attended Fenian
meetings,at New York and revisited Ireland peace
ably, he might never have been arrested at all.
Il is not difficult to account for the erroneous i'm
preston which has possessed the minds of the
American public. In the first place, although the
actual crime may have been committed on Irish
soil or in Irish waters, great deal Of the evidence
connecting the prisoners with the Fenian con-
spiracy related to interviews and conversations at
New York. To exclude evidence of this kind
would be manifesty unreasonable, but to admit it
is a very different thing from treating Fenan re-
cruiting in America as treason against her ma
jesty, however clearly this principle may be
sanctioned by our present law. Again, the rejec
tiOn Of WarTens claim for jury de nledietdts
hngUde has been interpreted in America as if it
indicated an intention to strain the obligations of
allegiance, whereas the point was started by the
prisOner and not by the crown, and could not
have been decided otherwise by any court,
whether English or American. Bat the less am
bieuous the existing law is, the stronger are the
arguments iOr us revision, ana we cannot pat re-
eTet that more than fifty years have elapsed
since the peace Of Client without an effort
10 place it On a more satisfactory foot
ing. 1t is not, indeed, correct to identify
the issue now raised with that which
L. 40 tho 1872, for Groat Britain then in
sisted not only on the indefeasible allegiance OF
her subjects but on her right to visit aud search
American ships for the purpose Of impressing
them. Still, the conclusion of that war afforded a
good opportunity Of limiting once for all the priv
ileges and duties Of allegiance. Upon grounds of
International policy, it is highly expedient that
what ought to have been done 10 lSl4 should be
done now. before new difficulties arise. Should
any overture have been made with that object by
the American government, we trust il has been
fsvorably enter tanned by Lord Stanley; and il no
such overture has been made, we trust Lord Stan
ley will take the initiative, proposing basis Of
settlement
The black pepper tree has been brought to