The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-23

enforced anyof these Irish Americans who might serve
osesa sri'an m the armies Of tbs United States
would Do guilty OF treason asanst his lawful Sovereign,
AND, " captured, might bs punished accordingly. OI
course the law would never IN prasce 10 carried 10
THIS length, bat nation largely composed OF foreign
elements must naturally rebel against rule which, IL
applied, would produce such Consequence Mr. sum-
n9 however went 700 Tar when he that 10
peculiar 10 English Jurisprudence and IA NOT
Ia the United States On contrary though disputed
mted va believe, by all American Judges an jurists
or repute down to General Haeck. Mr. Justice story
himself though he points out that Stale give
extra territoral operation to itS laws BY recurring
another State To execute them carefully absrans from
denying It's right over natural born subjects returning
within its own jurisdiction He elsewhere afirms this
rlgnt In express and unqualified ianguage:-"An
offence says he, 'may be committed In sovereign
y In violation Of the laws of another aud II the offender
be afterwards found 10 the latter Slate he may be pun
sned according to the laws thereof aud that hc
owes allegiance 70 another sovereignty IL the
Indictment" Nor 10 this all; for the same emf.
nent authority negatives as II by anticpa-
ton. the untenabie notion that American legis.
subjects. or any other persons, in an English
court IN our common law cannot govern the rights
In America, It Is equally certain that American law
can govern those rights and liabilities when they return
TO Ireland Such matters are exclusively within the
province OF municipal enactment. and it 80 happens
that whatever conflict may exist between the
OF the two countries there here conflict between
ther respective codea This, indeed is fully Rcknow-
lodged In one OF the resolutions carried 1t recent
indignation" meeting in Illinois, which calls upon
Congress ito deaos by law the right of expatriation
recognizing the right OF American citizens 10 change
Their allegiance, thereby setting example TO Europe
ana deprying foreign governments Of ito plausible OBJ
Jecuons now urged against our position Ia this matter
On the other hand, some Misrepresentation seems TO
prevail 10 America as TO charges upon
Mncn American Fenians have boon tried in Ireland.
We have not tho indictments detailed report OF the
proceedings actually before and not therefore,
aware that any prisoner under sentence was tried
or reasonable acts committed In the United States
NO doubt a natural born British subject might have
been so tried under the Treason Felony had
officers OF the Grown thought proper to frame tho
has been pursued, and II not ali the party who
disembsrked from the Ern's Hope actually tried
for offences committed Ireland, or within three mics
OF the Irish coast General Warren, In particular who
has addressed msmor al to the American Senate al
legng that he was in New York WHOM his supposed
WAS perperated, was prominent leader among tho
hiibusters who attempted to land arms Sligo, and
ono of those who compelled the pilot take l.ga
oath. Had he simply attended Fenian meetings Nsw
York aud revisited Ireland peaceabIy he might never
have been arrested ut all. II Is not difficult account
for the erroneous impression which has possessed tho
minds OF the American public. In the 1rs place, al.
though the actual crime may have been committed on
Irish soil or In Irish waters great deal OF the EVIL
denco connecting tho prisoners with the Fenian con-
splracy related to interviews and conversations New
York. 10 exclude evidence Of this kind would be
testify unreasonable, but to admit it very different
thing from treating FeniRn recruiting in America as
treason against her Majesty however clearly this prin
ciple may be sanctioned by our present law, Agan,
the rejection Of warren's claim for jury de medic
tate Lngu1 has been interpreted In America as
u II Indicated an intention TO strain the obligations
VI allegiance, whereas the point was started by
the prisoner and not by the crown and could
been decided otherwise by any court whether English
or American. Bus tho less ambiguous tho existing law
10 the stronger are the for It's revision and
we cannot but regret that more than fifty years have
elapsed since tho peace OF Client without effort to
place It on more satisfactory footing 1t not indeed
correct 10 identify the issue raised with that which
led to the war Of 1872 for Great Britain then insisted
not only on the ndefeasble allegiance Of her subjects
but on her right to visit aud search American ships for
the purpose Of impressng them. sl, the conclusion
OF that war afforded good opportunity OF limiting
Tor all the privileges and duties OF allegiance. Upon
grounds OF international policy II highly expedlent
that what ought to have been done In 1914 should be
done now, before new difficulties arise. Should any
overture have been made with that object by the Amer
can government We trust II has boon favorably
tanned by Lord Stanley; and II such overture has
been made trust Lord Stanley will take the initiative
In proposing basis Of settlement