The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-08-10

The foreign born citizens are sensitive on the subject
the ordinary patriotic feeling concerning the power
OF their country 20 defend all who belong 10 IT, me
jealousy which is always latent between nations and
winch can hardly be said to be latent In the DISPOSE
uon or Americans towards England has been in this
case sklfuy instigated ny politicians First come
the Fenians themselves whose single desire in their
action on American politics Ia to provoke breach
with England: While they try to the utmost the
law Of nations and OF the Union by projects OF armed
| invasion devised and executed on American soil,
as American citizens Condemned by British courts on
the ground that they are still British subjects and
the limits OF the British empire. The Irish pow
erful and neither party in the republic afford to
disregard IT, Political men in America have there
fore acted II they believed that the Fenan repre-
sensations gave an accurate view of what has passed
in Ireland. great deal OF Indignation has been ex-
pressed at the supposed violation by the English gov
eminent Of the rights OF American citizens and both
parties have taken up the matter with an appear
ance OF earnest furthered, doubt by the necessi-
ties OF the coming election for President In
the democratic platform paragraph is de-
voted to me assertion Of equal rights and protection
Tor naturalZed and native born clzens at home and
ABROAD anu the maintenance OF the rights
OF natnraized citizens against the absolute doctrine
OF lmmutaDe allegiance and the claims of foreign
Powers to punish them for alleged crime committed
beyond their jurisdiction" At the same Tune the re-
publican majority in Congress pass q bill declaring
that the rht OF expatriation IL an essential prnci,
PIE Oh the government ana eaactng that all
rallied citizens of the United States shall be entitled
10 ana snail receive from this government the same
protection OF person and property that accorded
70 native born citizens In like situation and circum
stance'
The large questions which enter into the contest
between these two conflicting principles OF immua-
bic allegiance and the right OF expatriation have
been frequently discussed ana we do not know that
anything new can be said on the subject. The
cuslon TO which most thinking men have come is
that, whatever may be She moral tie which binds n
man to the land OF his prth and the institutions of
MS fathers, It Is expedlent that he should be
allowed to divest himself Of his allegiance when he
has become actually and bona nae an nhabitant OF
another country. The Old doctrine Of permanent
oil nnfon vt.ffvI
reduced to the absurd In any age by very probable
instances OF Its results but 1t Is utterly untenab at
world are broken up ana whole populations are
transferred across the ocean to new homes, The
irish and Germans in America, ne Chinese IN Amer.
ica and australia must be held to have merged
themselves into the new communities, and it would
be FOOLISH peddntY TO maintain any other test Of
nataondtttv than Is fr0lced IN residence ana citizen
ship Indeed this would In practice be admitted
by any Power. II Great Britain and the United
States were unfortunately to be involved in
war no English oficer would look upon an
lrlshman settled In the States a traitor If he took
up arms for his new country. There Is nothing
N me doctrine pIODOunded bV the american poll
tfctdnS that his country Meet denV or oppose IL
Irshmen go to America they are at full liberty, so
themselves Americans to take out American pass
ports and to comport themselves as Americans
should they think LIT to revisit these islands, IL
technically they are now held to be British subjects
this Is because the old doctrines concerning nation
alty have not been overrued in a matter which in
ordinary times Is not of much practical importance
If 1t be thought right that In consequence Of the
great displacements Of population new principles
shall be explicitly declared the British Parliament
and people will in way object Provided the for.
eign citizenship Is honest and not adopted to evade
some duty or to gain some privilege, this country
Will he disposed To recognize IL readily In the case
OF any expatriated native of the empire.
what we deny however, is tnat the law has been
put IN force TO the practical injury Of the American
IRISH, or that the American government has any just
grounds Of complaint against in respect OF the
treatment OF the captured conspirators The incon-
venience should suffer by considering the Ameri.
can Irish as foreigners ~ the OF the injury
which they have received in the late trials. In the
first place the fact that man Is "a foreigner makes
no difference in the legal guilt OF evyng war against
the Queen within her own domnions. II ne be found |
IN arms in Ireland, or plotting outbreak or COM
hitting any other reasonable act he is equally |
guilty whether he be a British subject or a foreigner;
for though a foreigner he owes n Temporary allie.
glance to the British Crown while he IL on British
soil. Substantially therefore, the persons who have
been convicted, whether we hold them to be Irish
Americans have been justly dealt with; for they
doubtedly came OF their free will to Ireland or Eng
land and there endeayored to raise an instruction
against the established government.
The democratic politicians have protested
against the alleged punishment OF Fenians for acts
done on American soil. On what Instances they
ground their charge are not aware The case OF
the JacIne comes nearest TO IL; but even In that
brought by her crew within British jurisdiction.
We suspect, however, that the Americans take
ception TO proceeding which was perfectly justifa
bic on the part OF the British government. The
words and acts OF several OF the prisoners while in
America were put In evidence at their trials and
sometimes constituted the principal testimony
against them. But these acts were proved not as
constituting the offence Itself, but showing the
intention with which the prisoners came To the |
United Kingdom and committed other overt acts, |
for which acts alone they were convicted. The |
distinction Is obvious to every lawyer, and, in |
deed, TO every person OF ordinary sense II is per-
fectly legitimate as means Of showing the purpose
with which man IL buying arms and powder IN |
England or Ireland TO prove that he was member |
OF q Fenian society in New York and was deputed |
by his comrades to do what he has been actually de-
teeted In doing. Although 1t may be beyond the
limits OF natural justice for nation to consider
hostile act, even when committed In foreign coun-
try to be rightly punishable by itself should the
offender voluntarily come under Its jurisdiction, yet
we have no objection to admit the American prn
ciple. IL must, however. be borne In mind that IL
VIII not protect even born foreigners, II after
spring against the British government In their own
country they come here TO carry out their hostile
The Atlantic and Great Western Railway.
From the London News, July IS
A meeting OF the bond and debenture holders was
held Yesterday nc the City Terminus HOTEL Sir w.