The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-09

that they win establish Mr.. Mitchel's dis.
ability beyond all doubt. so that the
Promising tnat the case OF oDonovan Rosa
proved that The House OF Commons has retained
the power OF declaring the rncapacty OF person
10 De elected because ne Is lelon, let Us ask
what are the circumstances OF the present case.
Mr.. Mitchell was convicted in 1915 OF felony, under
an act Tor the better security OF the Crown, and
he was thereupon sentenced TO be transported
beyond the seas for term oil fourteen years.
That sentence has never been completed and 1t
mas never been RENTED. 1t Is true hat more
tnan fourteen years have passed since the SEN
tencc was pronounced. but IN the eye
common SenSe-thc sentence Is stlll in force
the interruption OF It's term counting as nothing.
MI. Mitchell might be apprenended Tomorrow
warrant charging him with being large with
out having completed his sentence. aud the
lenlency or the executive government In permit
ting his presence IN ireland last YEAR does not
anect this power. 1t Is sufficient that evidence Is
forthcoming from the penal settlement TO which
Mr.. Mitchell was transported to show that he
escaped before the term OF mis- sentence had ex-
capped convict, and, as such. incapable OF being
elected TO SIT In Parliament Just as Mr.. O'Donovan
returned. IL may DE SAID that Mr. Mitchell mas
thrown OF his allegiance SINCE he broke ms parole
IN Australia, and having become a naturazed
citizen OF the United States cannot now De
visited with the penalty OF his former offence but
this argument even II IL were In Itself vaIld-wll
not prove his eligibility TO become member OF
the House OF commons. Ii has, indeed no shadow
oil VALIDITY Tor before the year 1870 no one could
divest himself OF the Obligations and resp0nsibi.
tiles OF a British subject, ana the act then passed.
permitting eXpatriation, contains an express res
ervation tnas no British subject becoming an
ahtecedent Liability in respect OF acts done before
expatriaton. But what would be the conse-
quencc II We admitted that any act OF naturallza-
ton In the United States IS valid TO release Mr.
Mitchell from the obligations up to tnas moment
incumbent upon him ? He would at once become
an alien, and would be, as such, disqualified Mr.
Mitchell. therefore, II he Is still British subject,
IS an,e ion Tue complexion OF an mniuinied Term
British subject and has become q citizen o. the
United states, he must accept the disabilities OF
his new position. Under either hypothesis,
whether he Is a leon or an American citizen, he
cannot be chosen TO serve III Parliament. and any
election returning hun to SIT at Westminster is
void. 1t Is, no doubt, true that man VINO has re-
nounced MS original status suDjec. OF
the British Crown may resume it again on the
performance OF certain conditions but the nrst ot
these imposes upon the applicant a residence OF
not than five years WITHIN the United Kiugdom,
and Mr.. Mltcnel has as yet accomplished only five
days upon his native soil. II Is, however, obvious
OF he UTILIZED Judgment banging over MIN and
he remains lelon Incapable OF being elected to
Parliament.
rho House OF Commons. iollo wing the precedent
OF the ODOnovan Rosa case Will not hesitate 10
adopt Mr.. Disraeli's resolution tomorrow pro-
and ordering the issue OF a new writ. The imme-
dlate effect Occasl0ned by the event WILL tnere-
viction that the event itself is much to be
regretted. Mr.. Butt and his friends would
have prevented it IL they could. The Home Rulers
are, IN fact, discredited by q form OF election
winch means that in Tlpperary something very
much more advanced than Homo Rule IL de-
manded. 1t is, indeed stated on apparently good
authority that II Mr.. John Mitchell could nave
reached the bar OF the House VI Commons, he
would nave refused to take the oath OF allegiance
required OF members. rms open scandal win not
be provoked, but enough has occurred 10 show
thai Mr. Disraels phrase OF "veIled rebellion" Is
scarcely too strong to Apply to TIp2erary. Why,
indeed, did no one resort to that expedient which
seems SO obvious and so sure OF sue
cessg The electors Of ripperary cannot nave
forgotten the disqualification OF O'Donovan
Rosa, and we do not understand why some
competitor did not appear before the county yes.
claim the seat. 1t would nave been most dill
cut-we may 20 the length OF saying 1t would
nave been lmpossible-t0 resist the Claim. and no
been suggested why this mode OF OBTAINING o seat
was not employed. II We suppose that no one
would venture 10 run the personal FISK involved in
IL, our impression OF the condltlon OF Tpperary Is
not improved By the explanation. 1t 10 obvious
that nrnness mus Tor some time TO come be the
leading characteristic OF the government Of Ire
land