Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1868-02-17

AouiNNA eeaae 80
The report made by General Banks
to-day from the Committee on Foreign
commenced by saying:
The treaty Of peace between the
States and Great Britain at the
Of the war Of independence LEFT
unsettled three subjects Of international
importance:
First-The impressment Of seamen.
Second-The right Of search; and
Third-The question Of repatriation.
The first and second were virtually
settled by the war Of 1872, but the third
and most important remains unsettled.
The total emigration to his country.
from Europe since the Declaration OF
Independence is 6,64o, 900, and as Eng
lish law holds them and their descend
ants as British subjects, the question OF
their rights becomes very important.
The correspondence transmitted to
Congress shows that naturslized citizens
Of the United States, being present in
Great Britain, without the commission
of any ~offense, have been arrested, tried,
convicted, sentenced and punished as
criminals, upon the ground that they
were natural-born subjects Of the Crown;
that their allegiance was perpetual n
i~ndefeasible, except BY its consent, and
that they are therefore subject to its
laws and liable to punishment, not only
for offenses committed within its juris-
diction, but for words spoken and acts
performed in tho United States. They
claim the protection Of their adopted
country, which has made Thorn citizens
and conferred upon them the same rights,
both at home and abroad, which are en-
joyed by native-born Americans. The
Government is in duty bound to listen
to their appeal and to protect them 10
their rights.
The President called the especial at
tention of Congress to this subject in
his last annual message.
The committee say that it is not In
their province to examine the laws OF
England by which these prosecutions
have been conducted, but as English
Judges appear to appeal to the law au-
thorities Of this country in justification
Of their course, It may not be inaPpro-
pirate to consider the origin and nature
Of the claims of indefeasible and per-
petual allegiance to the British Crown,
which tho committee proceed to do.
They next present q clear statement
and comparison Of the laws Of the va
rious European nations and those Of our
own, together with precedents in regard
to the various questions at issue. The
conclusion reached is, that tho claim OF
indefeasible allegiance and perpetual
service is the symbol Of feudalism and
force. The right Of emigration and
naturalization, where life or liberty is
insecure, or where the prerogatives OF
conscience are violated, is wrought into
the Constitutions Of all Governments OF
choice.
The feudal claim is as absolute over
the mind as the body. 1t denies liberty
of conscience and Of thought by the
anne title that it proscribes tho right OF
locomotion; it dwarfs human capacity
and reason, and corrupts the nature OF
man and society. As u subject the life
Of Bacon is offensive; as q citizen and
scholar it is the glory Of his race.
Shakespeare 10 known to the law as Q
criminal; in the world Of letters aud
liberty he is revered as an immortal
spirit.
It would DO difficult to find an III.
| thority of American law writers, or o
decision of American Courts, 10 which
the doctrine Of perpetual allegiance is
recognized, except as n tradition OF
English law, or a case in which it has
been regarded with favor, except for
the purpose Of preventing private injus-
tice or the injury of public peace. 1t
has no authority in this country except
as an element Of English common law,
existing at the time Of the Revolution.
There i, nothing American in tho oath
o fland barous Of England in 1886, nor
in the feeble paraphrase Of that obliga-
ton by Blackstone.
Tho committee conclude their report
as follows: The United States have .
population of IS, 900, 900. The free peo-
pie Of 1890 numbered 3,25o,ooo With
an annual increase Of births over deaths
estimated at one and thirty-eight hun
dreths per cent, they would now num-
Der $3.50, 900; add 1900, 900 emanci-
pated people, and the aggregate OF the
population existing in 1870, with their
descendants, is thirteen and a quarter
millions. The balance of the people,
81, $780, 900, are emigrauts and their de-
scendants.
OF this portion Of our people, more
than twenty million are subjects Of the
several States Of Europe, and their ser
vice is due to them, If they have no
right to defend themselves or their
adopted country, in the event Of a war
with Europe; il unstained by crime,
aud free from all o%ifense, they are, in
consequence Of this claim Of service,
debarred from travel and from inter-
course with civilized nations, or subject
to arrest and compulsory service in
armies organized to fight against their
own Government, then the United States
has no independent existence.
It may have numbers, industry, COM
merce, letters, science, invention, cour
age, enterprise, wealth, prosperity, and
power, but It 10 not Independent. Its
dreams Of equality are deluiions, and
its sacrifices have been in vain. Every
State 10 Europe will have its g%arrisons,
il these claims are admitted, IN every
part OF the Union. The able bodied
portion of three-6fths of our population
could DO summoned to 6ght for Govern
ments with which they have no connec-
ton and against those with which their
fortunes are i~udissolubly united, and
they would be accounted traitors II
found in the ranks Of the armies.
We have received, educated, employ
ed, enriched, and ~enfranchised that por.
ton Of the people OF Europe which It's
rulers cast Of, to iud them in their
strength incapable Of lawful resistance
to public enemies. They would be ex-
posed to arrest and compulsory military
service or punishment, not only II found
in their native country, but in any civ.
ilized nation with which their native
governments might have treaties Of ex-
tradition. Martin Kozta was . native
of Hungary, residing in Turkey with
Ia. .1.--.. III. .a