The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1868-02-14
From tile London Times, January 8.
TAe Rights f.smcricGn Citizens
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T'he Rights Of. american Citizens
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We cannot be surprised, and we ought not
to be offended at the keen interest manifested
by the Americans in the principle which, a
they suppose, is at stake. The whole nuns
Der of foreign born citizens naturalized in the
United States has been estimated to exceed
four millions, at least half of whom are i'm
migrants from British territories, and more
than onc-third from Ireland alone If the
strict theory of perpetual allegiance were en-
forced, any of the Irish Americans who might
serve against Great Britain in the armies of
the United States would be guilty of treason
against his lawful sovereign, and, if captured,
might be punished accordingly OF course
the law in practice would never be carried to
this length, but nation so largely composed
of foreign elements must naturally rebel
against a rule which, if applied would pro
duce such consequences Mr.. Sumner, how
ever 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 one case by an
American Secretary, it has been admitted,
we believe, by all American judges and jul
rists of reputc down to General lIalleCk. Mr.
Justice Story himself though he points out
that no State can give an extra territorial OPP
Grafton to its laws by requiring another State
to execute them, carefully abstans from de-
nying its right over natural born subjects re-
turning within its own jurisdiction. He
elsewhere affirms this right in express and
unqualified language. can offence" says lle
may be committed in one sovereignty in vio-
lation of the laws of another, and if the often
der be afterwards found in the latter State he
may be punished according to the laws there
of, and the fact that he owes allegiance to
another sovereignty is no bar to the indict-
ment" Nor is this all for the same emf
nent authority negatives, as ifby anticipation,
the untenabe notion that American legisla-
ton can affect the status of natural born
British subjects, or any other persons, in an
English court. If our common law cannot
govern the rights and liabilities of native
Irishmcn so long as they reside in America,
it is equally certain that no American law can
govern those rights and liabilities when they
return to Ireland. Such matters are eXclu-
sively within the province of municipal en-
actment, and it so happens that, whatever
conflict may exist between the interests of the
two countries, there is here no conflict be-
tween their respective codes. This, indeed, is
fully acknowledged in one of the resolutions
carried at recent indignation" meeting in
Illinois, which calls upon Congress to ''define
by law the right Of eXpatriation, recognizing
the right of American citizens to change
their allegiance, thereby setting an example
to Europe, and depriving foreign govern
ments ofthe plausible objections now urged
against our position in this matter"
On the other hand some Misrepresentation
seems to prevail in America as to the nature
of the charges upon which American Fenians
have been tried in Ireland. We have not had
the indictments or detailed report ofthe pro-
ceedngs actually before us, and are not,
therefore, in condition to proves negative;
but we are not aware that any prisoner now
under sentence was tried for reasonable acts
committed in the United States. No doubt
a natural born British subject might have
been so tried under the Treason Felony act
had the law officers of the Crown thought
proper so to frame the charge but, to the
best of our belief different course has been
pursued, and most if not all the party who
disembarked from the Erins Hope were ac-
tually tried for offences committed in Ire
land, or within three miles of the Irish coast,
General Warren in particular, who has adj
dressed memorial to the American Senate,
alleging that he was in New York when his
supposed crime was perpetrated, was a promi-
nent leader among the fillibusters who attemp-
ted to land arms at Sligo, and one of those
who compelled the pilot to take an illegal
oath. Had lie simply attended Fenian meet
ings at New York and revisited Ireland
peaceably, he might never have been arrested
at all. 1t is not difficult to account for the
erroneous impression which has possessed
the minds of tho American public In the
first place, although the actual crime may
have been committed on Irish soil OF in Irish
waters, a great deal of the evidence connect
ing the prisoners with the Fenian conspiracy
related to interviews and conversation at New
York To exclude evidence of this kind
would be mantestly unreasonable, but to adj
nit it is very different thing from treating
Fenian recruiting in America as treason
against Her Majesty, however clearly this
principle may be sanctioned by our present
law. Again the rejection of Wamen's claim
for Jury de n1edietate Rngup has been inter
preted in America as if it indicated an inten.
ton to strain the obligations of allegiance
whereas the point was started by the prison,
er and not by the Crown, and could not have
been decided otherwise by any court, whether
English or American. But the less ambigu.
Gus the existing law is, the stronger are the
arguments for its revision, and we cannot but
regret that more than fifty years have elapsed
since the peace of Client without an effort tC
place it on more satisfactory footing. 1t is
not, indeed, correct to identify the issue now
raised with that which led to the war of 1912
for Great Britain then insisted not only or
the indefeasible allegiance of her subjects, but
on her right to visit and search American
ships for the purpose of impressing them
Still, the conclusion of that war afforded {
good opportunity Of limiting once for all the
privileges and duties Of allegiance. Upor
grounds of international policy, it is highly
expedient that what ought to have beer
done in 1914 should be done now, before new
difficulties arise. Should any overture have
been made with that object by the American
Government we trust it has been favorably
entertained by Lord Stanley and if no sucl
overture has been made we trust Lord Stan
ley will take the initiative proposing basi
of settlement.