The Wilmingtonian., 1885-06-06
RIEL'S TRIAL.

shed upon the indictment of treason against
Queen Victoria. It is not denied that he
| has taken the oath Of allegiance to the con-
| stitution of the United States. Riel had
| taken out his papers of citizenship in this
country at the time he made the Northwest
his residence fnr short period. He return
ed to Canada, however, where he was born
and where he has lived almost all his
life.
The New York Sun quotes the United
| States Constitution for definition Of trea-
son against the Uuited States, but considers
that "modfed allegiance is due by the
alien residents in foreign country during
| the time they make that country their home.
| Its remarks upon the question are closed by
stating the impression that Riel can be tried
convicted and punished for treason against
| the Queen of Great Britain.
| to suppose can be made amenable in allegi-
! ance or can Constitute himself so to two
| countries. In the case under consideration
tho captured insurgent is either a British
| subject or an American citizen. If the lat
ter tho indictment of treason, or the SUNS
i suggestion of modified allegiance could
hardly be entertained. If a British subject,
as no doubt the Dominion lawyers consider
him, his recent deeds would justify tho ar
raignmtnt
But behind all the doubtful political stat
us of Rie there may be perceived in the ac
tion of the Dominion Government repcti-
of the course recently followed by Bismarck
in Germany, when certain of our natural
lied German fellow citizens were arrested
and incarccrated by Imperial orders immedi-
ately they set foot within tho boundary lines
of Germany. The plea of naturalization as
American citizens did not open the prison
doors in all cases.
In justice to the Canadian Government it
does appear strange that an inhabtaut of
that country can, at will, move across the
border, enter the Office of a Record Court of
the Unit, d States, swear allegiance to this
country, become naturalized, then return to
his home after few days sojourn here and
Immediately claim all the rights immunities
ard protection that would accrue to bis ad-
vantage were hclcaught fonentirg political
disturbances such as in the case Of native
Canadian would be rightly deemed treason
able.
Treason against the United States consist
in 'levying war against them, or in adher-
ing to their enemies" Riel has levied war
on England, but this would not be consider
ed treason against England unless it can be
proved that he is subject of Great
Britain.
Mod fled allegiance, il treason be the
crime Of breaking allegiance, would COM
pass as its punitory measurable treason,
but treason, in this country, canuot be con-
sdered other than the definition allowed in
the Constitution of the United States. IL
would be better to sacrifice the term of ac.
conmodation modified allegiance" and its
inevitable result of ''modified treason
than invade the compact, concise, aud easily
comprehended definition of the Constitu-
ton.
1t is the old trouble resurrected again of
inexactncss in our naturalization laws.
How could Secretary Bayard, with any sem
blance of international right interfere in the
Riel case, even though the case stands that
he has taken out his papers as a citizen.
This man is a clearly defined insurgent who
has prosecuted two wars against friendly
power has not only aided aud abetted, and
levied troops but has led then! But by our
law, though only citizen of perhaps few
months standing, he is entitled to our full
protection from capital conviction though
all his life a foreigner and almost all that
time an insurgent. On either sidc of the
border line there is no question Of his crmi-
| nality. Should be plead his citizenship of
this country where will our State Depart
ment stand?
1t is probable that England will not con
i, cede the point of jurisdiction, and will act
as Germany and other European powers
have done. International courtesy will ac-
!. cord all respect to our laws, but the peculiar
n construction of our naturalization enact
4 ments that in this case impipge upon the
laws of nations, cam vt command other at
tention from foreign country than that is
customarily accorded domestic laws when
brought in contact OF conflict with the inter
national code, in other words we shall have
to succumb The unrighteousuess of the
requirements of certain provisions in the
y naturalization laws of this country when
10 applied TO such case as Riel's can be
y readily appreciated by supposing ourselves
in England. S position, how would we then