Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-02-20
ths eOmmon law L

war with every principle al Justice and
oi sound public law,
| am aware, sir, that SO AFRO about TAX
ing Il step which fas involve Us in dill
guilty with EuFop an powers II is "a he
hoped that our position will Is accepted
Ii not, sir, We must take the consequences
Personal death is better than personal
lishmer War is better than national
[ dlshonor
7 We are told in the able and exhaustive
rcport presented by the chairman oi thc
committee ON foreign affairs Mr., Banks
that about threc-ffths If our pcople ara
Of foreign descent. They with the NATIVE
horn have Tough, for the honor Of our
hag, they with the native born have pre-
served their country and cur country
their bones lie mingled in the soil Of every
battlefield Of the rebellion, Ireland, with
a people as brave, as patriotic as patient,
and as Oppressed a. any nation Of tu-
rupr luoAing "a us IA en rIe,nplr and dc,
mIHdIgg tll lt,us hl'lHn Vt tiElts which
She deems To be- justly hers, la. the
sympathy of thousands Of her gal
liant sons in our country, For thr
expression Of that sympathy with,
in our jurisdiction England arrests aad
inprisags them, fur having violated their
natural and indefeasihle allegiance aud
upon the same principle, ii hereafter
through war We shall be obliged totrtehour
arrogant mother another lesson, every pat
riotic Irishman who will then stand, as he
already has stood, by the flag of his adopt
cd country, will, il captured, commit the
crime Of treason, and be- liable 10 be
hanged upon an English gibhct Sir, it
f is high time that Ne assert calmly hut
I firmly and in unmistakable terms the
true doctrine of public law, that this Re-
public will at any and every hazard rem
/ der 10 tho nalulaliksd citizen the same
rights and the same protection that it
does TO the native born.
We can pursue no other course If We
adhere to the accepted principles upon
which Qua government pas established;
and il is be hoped that the enlightened
nations Of Europe, conccding that VT
plant ourselves upon recognized public
law, upon abstract justice, and upon a ne
cesslty arising as well from the condition
of our society 40 the theory Of our gov
emment, viii readily yield their old feuz-
dial relic 10 our reasonable demand The
question. il must be admitted, Is involved
in difficulty, for it trenches upon both the
custom and the prejudice of Europe
And yot the time seems To have arrived
when, 10y positive ehaotments the doc
trine which we have long asserted, and
respecting which 50 much skilled and
polite diplomacy has been exhausted,
should be enunriatcd and firmly adhered
To.
The first provision in the bill reported
by the honorable chairman of the commit
tee ON foreign affairs Mr. Banks is a
manly and firm declaration OF our posi-
tioa but, sir, the sentence Immediately
succeeding seems 70 me To paralyze its
force The declaration of the principle of
public law would seem TO amount to
nothing but guide TO the Executive 10
secnre by negotiation what we demand as
right Why, sir, the claim is not new
one. 1t has been subject of diplomacy
with almost every administration since /
the foundation OF our government. No
one can have forgotten the celebrated !
papers of Webster and Marcy each |
claiming this to be the true principle OF
public law which the United States could !
not yield. And Mr.. Seward, in his letter
to our Minister at Prussia, respecting the
arrest of natives of Prussia who had
sworn allegiance TO our government upon (
a temporary visit to their native country, /
on account of their liability to military I
service, says that the United States have
accepted and established a government .
upon the principle of the rights of men
who have committed no crime to choose
the State in which they will live and to
incorporate themselves as members of
that State and to enjoy henceforth its
privileges and benefits, among which is +.
included protection This principle is
recommended by sentiments of humanity /
and abstract justice. 1t is a principle
which we cannot waive. So that. Mr..
Speaker, II seems to me the first section,
down to the proyiso, amounts to nothing
definite. 1t ncutralizes' itself and leaves
US in regard to this very important ques-
ton precisely where we now stand.
The second section, which provides that
in case any naturalized person is arrested
and detained by any foreign government
in contravention of the intent and pur-
pose of the act, and whose release upon
demand shall have been unrcasonably de-
laycd or refused, the President of the
United States shall arrest any citizen or
subject of such foreign government, and
as soon as may be report the facts to Con-
grcss, &c | am opposed to this provis-
ion, sir, upon two grounds, The system
of hostages in time of peace is against
modern civilization and modern interna-
tional law. II is at best an unnatural
and barbarous system. and can only be
justified to meet the cxigencies of war
Again, the provision commits too much
power to the Executive. 1t authorizes
him to do that which is in and of itself
cdsUs beu. In fact, it incidentally dele
gates to the President the power vested
in Congress alone by the Constitution
OF the various propositions which have
/ been submitted to the House, that Of the
gentleman from Rhode Island Mr..
Jcnckcs is preferable. 1t announces in
the first section the old Roman law as to
the right of repatriation. The second
section is in accordance with the code of
Napoleon as to the manner in which a
citizen may lose his national character
The third section asserts what we claim
to be the public law, to wit that when
foreigner has thrown off his natural ale
glance by assuming, under the forms of
law. an allegiance to our government he
shall receive as to his person and property
every protection which we can lawfully
afford to native-born citizen. Thus the
question is met fairly and squarcly with
out advancing any new claim or doctrine
but giving to what we have always in
sisted upon, the force and moral effect of
defined and public law
The bill provides that the Executive
shall not interfere in behalf of certain ex-
cepted classes of persons. Most of these
naturally suggest themselves upon the
/ grnund of national cnmitY Ile second