The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1868-04-18
The Rights of American Citizens
Abroad.


Truu the Lonioa TInses, January srhp
We cannot be surprised. and We ought not u
he offended, at the keen interest manifested by
the Americans in the principle which, as they
suppOse, l. nj stake. The whole number OF for
eign born citizens naturalized in tie United States
has been estimated 10 exceed four Millions at
leazt half Of whom are immigrants from British
territories. 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 IN the armies
or thc United States would lie guilty Of treason
against his lawful sovereign, and, n captured
might be- punished aecOrdingly- OF course, the
law would never, IN practice. be carried 10 tins
length, bat a nation ~ largely composed Of foreign
elements must naturally rebel against = rule
which, If applied, would produce such conse-
quence-- Summer, however, went tcO Tar when
be maintained that il Is peculiar 10 English juris-
prudence and IL not recognized IN the United
State On the contrary, though disputed IN one
case by an American Secretary, 1t has been adj
mittei, We believe, by all American judges and
juTI=t- Of reputs. dJWn to Gen Halleck- Justice
Story himself, though be points cut that n0 State
EN- give an exrra-territ0rIal operation - is laws
by requiring another State TO execute them. care
fully abetains from denying it right over natural
born subjects returning within Its own juri>dic-
ton He l-cwhere athrms this right in express
AMI unqualified language. - An ofense,f he
SAVE. :. NAV be committed in one sovereignty in
violation Of the laws Of another. and IT the offender
be afterwards found in the latter State be may he
punished according 70 the laws thereof. and the
fact that he owes allegiance IA another sovereignty
i no bar 70 the Indictment Nor l. this all:
for the same eminent authority negatives, "a If by
anticipation. the untenable notion that American
legislation can effect the status Of natural born
British subjects, OF any other persons, in an Eng
ll-h Court. Il our common law cannot govern
the rights and liabilities Of native Irishmen -
long IS they reside In America, IL l. equally
certain that no American law can govern thO-e
rlght- and liabilities when they return To Ireland.
Such matters arc exclusively within tie province
81 municipal enactment, and IL - happens that.
whatever conflict may exist between the interests
oi the two Countries, there IL here no conflict he
tween their respective codes. This, indeed. i
fully acknowledged in one of the resolutions ear
riei at n recent. = indignation = meeting in Illinois,
which calls upon Congress % :. define by law the
nights VI exEatriariDn. recognizing the right Of
American citizens u Change their allegiance,
thereby setting an example 10 Europe and dcpriy-
ing foreign Governments Of the plausible Objec-
tiOns now urgei asainst eur POSITION in this matter.
On the other hand, some Misrepresentation seems
10 prevail in America a. to he nature of the
charges upon which American Fenians have been
tried IN ireland. We have not the indictments
or a detailed report OF the proceedings actually
before u, aud are not, therefore. in q position To
prove a negative but We are not aware that any
prisoner now under sentence was tried for trea-
-Jnable acts committed in the Unitpl States. No
doubt n natural born British subject might have
been - tried under the Treason Felony Act. had
the law officers Of the Crown thought proper - u
frame the charge but, - the best of our belief.
4 different course has been pursued. and most If
not all the party who diSeIntarked from tie Erin's
HOPE were actually tried for ofenses committed
IN ireland, or within thrce miles OF the Irish
coast. General Warren. in particular. who has
addre-sed n memorial To- tire American Senate,
alleging that be was in New York when his sup
posed crime was Ierpctrated, was n prominent
leader .uuguy the Illlu-rer- who arr.Inurr~i IN
and arms 1t Sligo. and one Of those who COM
PEELED the pilot 10 take an Illegal oath. Had lac
simply attended Fenian meetings at New York
and revisited Ireland Ieaceably, he might never
have been arrested at all. IL - not difficult 10
account for the erroneous impression which has
possessed the minds Of the American public. In
the first place, although the actual crime may
have been committed on Iri-h soil or in Irish
waters, much Of the evidence connecting the
prisoners with the Fenian conspiracy related u
interviews and conversations ut New York. To
exclude evidence Of this kind would be manifestly
unacceptable. but 10 admit IL j. n very different
thing from treating Fenian recruiting in America
n treason against Her Majesty, however clearly
this principle may he sanctioned by our present
law. Again, the rejection of Warren's claim for
a jury de niedistGie hngEae has been interpreted
IL, America n If IL indicated an Intention Ia
strain the obligations Of allegiance. whereas the
point was started by tie prisoner and not by tie
Crown, and osuld not have been decided otherwise
by any Court, whether English or American.
But the less ambiguous tie existing law II. the
stronger are tie arguments for it's revision, and
we cannot but regret that more than fifty years
have ELAPSED since the peace Of Client without an
effort - place il ON a more satisfactory footing.
Ii i not, indeed, correct 20 identify the issue now
RAISED with that which Led 70 the war of lSl2, for
Great Britain then insisted not only on the indie
feasible allegiance Of Ler subjects, but on her
"a visit and search American ships for the
purpose of iInprtSsing them Still. the conclusion
Of that war Attended, a good opportunity Of limit
ing once for all the privileges and duties Of ale
glance. Upon grounds of International policy,
it u highly e~xIedicnt 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 American
We trust IL has been fayOnbly en-
tertained by Lord Stanley and i'm such overture
has been made, we trust Lord Stanley will take
the initiative proposing a basis OF settlement.
seEEcER -P1d 1865