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the facts being brought under notice, and before 24 hours had elapsed, though the detention had taken place upwards of 80 miles from the seat of Government.
The Lords Justices feel satisfied that Her Majesty's Government -would be far from complaining that freedom of speech, in private and in public, should be protected in The United States. It is so in the United Kingdom, where, as in The United States, sympathy with any political movement in a foreign land is no offence; but, with reference to Mr. Bancroft's allusion to Poland, it may be observed that, if tumultuous assemblages of Poles were suddenly to take place in every part of the United Kingdom upon the occasion of an anticipated rebellion in Prussia, Austria, or Russia; if English subjects had taken an active part at such meetings; if the most unmeasured abuse and the foulest calumnies against any of those Governments had been there put forth, and received with enthusiasm; if large subscriptions had been obtained; if plans had been announced and organized, and partly carried into execution, for promoting rebellion, and had only been stopped by its suppression; and if, during all that time the British Government had neither manifested its disapprobation nor its inclination to interfere, it is much to be doubted whether, as Mr. Bancroft supposes, its friendly relations with the Powers in question would not have been in danger of serious interruption.
It is perfectly true, as Mr. Bancroft observes, that "all human affairs come before the tribunal of public opinion, and the formation or expression of a judgment by the public opinion of a people is not an act of hostility;" but experience shows that it is impossible to submit the feelings of Governments, or the interests of nations, to the rigid guidance of axioms; and, if when The United States declared war upon Mexico the lively sympathies of the British people had been manifested in favour of the latter country; rf meetings had been held at which the conduct of the American Government had been denounced in the vilest terms of reprobation; if immense subscriptions had been collected; if men and arms had been promised to the Mexicans; and, if privateers had been fitted out against American merchantmen, it is to be feared that the American Government would hardly have regarded this as the formation or expression of public opinion, nor would they have refrained from remonstrating upon it with the British Government; while the natural feelings of hostility it must have engendered in the minds of the American people would have led to the interruption of friendly relations between the two countries.
If demonstrations of this kind had occurred, it must be franklv admitted that the American Government would have been justified in their remonstrance, and in intimating that such a state of things was not " compatible with a continuance of friendly relations between the two Governments."
As far as the Irish Government is concerned, it would not appear conducive to any good end further to protract this discussion, heartily agreeing, as the Lords Justices do, with Mr. Bancroft, that the judgment, the interests, and the well-considered policy of the two countries, as well as their ratified Treaties, guaranty the maintenance of their friendly relations; and, in conclusion, Mr. Bancroft may be informed that the Irish Government, in the exercise of the extraordinary power confided to them by Parliament, have been guided by a spirit of moderation, both as respects British subjects and foreigners, who have sought to disturb the tranquillity of the United Kingdom; and ns it appeared that the release of Messrs. Bergen and Byan would not now be dangerous to the public peace, it had been determined to take measures for their liberation even before the receipt of Mr. Bancroft's note, in Dublin, where it had been transmitted for the observations of their Excellencies.
I have, &c.
G. C. Lewi*, Esq. \TM. M. SOMERVILLE.
No. 2.—Mr. Bancroft to Mr. Buchanan. (Extract.) London, January 12, 1849.
I Have received your despatch of 18th December, directing me to enter a protest against the orders of the Police Department in Irelaud, of August last. It would be somewhat late to do it now. The orders have long since been inoperative, and the laws under which they were issued are already a dead letter, and will expire in a few weeks. But happily, knowing well what the President's views must be, I protested at the time; protested continuously, protested formally, in a note to Lord Palmerston of 10th of November, of which I fear the full significance has escaped the President's attention (for otherwise I trust he must have directed an unqualified approval of it), and repeated my protests in every one of many interviews with different branches of the Government till the arrests ceased. Apologies were offered for the arrest of those against whom no grounds of suspicion existed; and the release from prison was effected, even of those of our citizens, whether native or adopted, against whom it was pretended suspicions existed.
After turning over many books, both of American and English jurists, and ancient and recent writers on public law, and considering the bearing of many British statutes, and particularly investigating the usages of the continental Powers, I took the ground of the clear and absolute right of any native of the United Kingdom, in the present age and under existing laws, to change his allegiance. This I showed from the usage of the Greek and Roman Republics, which are the fountains of our law; from the abolition of all feudal servitudes; from the example of France; from the published declaration of united Germany; from a succession of British statutes, authorizing naturalization in the colonies; from the very nature of emigration, as authorized by British laws, and as fostered and encouraged, as I know, by the public voice of tbis country, and specially by members of the present British Government. These and many more considerations have been urged in conversation, and I inferred from them that no difference should be made in this Kingdom, any more than in America, between native and naturalized American citizens. In this line of argument I persevered till Mr. Ryan was released. Had he not been liberated, they would have been presented fully in a note. On his liberation, I thought the discussion, so far as the Irish Government is concerned, might, on our part, cease or be suspended, till some case should arise requiring a renewal of it. None such is likely to arise, but should it prove otherwise, the President will find me as ready as I have ever been to vindicate firmly the rights of our adopted and of our native citizens.
I trust the course I have pursued will meet the unqualified approbation of the President. Should he think that a further protest is necessary, since nothing is now doing under the orders, the protest will be as seasonable a month hence as now. J. Buchanan, Esq. GEOKGE BANCROFT.
No. 3.—Mr. Bancroft to Mr. Buchanan. (Extract.) London, January 26, 1849.
After maturely considering your despatch of the 18th of December, perceiving that you, in one paragraph, speak not only of protesting, but of " remonstrating," against any distinction between native and naturalized citizens of The United States; observing also that you make your despatch my " general" guide, and are good enough to leave the form and language of the protest to my own discretion, I have believed that it was intended to give me full power to frame the paper to be addressed to the British Government, according to what might remain in question at the time of presenting it. Instead, therefore, of entering a protest, as such, against orders which are now obsolete, I have written rather a remonstrance or declaration of representation on the principles involved in those orders, and have embodied in it the substance of your despatch, in a general form. I am very anxious to know if this paper, of which I inclose a copy, meets the approval of the President.
J. Buchanan, Esq. GEOEGE BANCROFT.
(Inclosure.)—Mr. Bancroft to Lord Palmerston.
London, January 26, 1849.
The Undersigned, Envoy Extraordinary and Minister Plenipotentiary of The United States of America, has been specially directed by the President of The United States to make to Her Majesty's Government, through Viscount Palmerston, Her Majesty's Principal Secretary of State for Foreign Affairs, a representation growing out of the orders recently issued in Ireland affecting the personal liberty and rights of American citizens. Not only were the unfortunate objects of Government suspicion deprived even of the small protection against unjust imprisonment which a previous ex parte accusation, under oath or affirmation, would have afforded; not only was the duty of exercising a calm discretion iu the execution of the law dispensed with by commanding in advance the arrest of " all persons coming from America j" not only was an invidious and arbitrary distinction made between citizens of The United States and citizens or subjects of other nations (all of which, if persisted in, must have formed the subject of a most earnest protest); but throughout the period of the disturbances, in an Order of the 18th of August last, and on other occasions, Her Majesty's Government have made a distinction between native and naturalized American citizens. The faith and honour of The United States are pledged alike for the protection of both.
On this subject the Undersigned has been instructed to employ, in the most solemn and earnest manner, the strongest terms of remonstrance. There can be no stronger language than that of reason, justice, and humanity; and if this language is employed on the present occasion, will it not secure the respectful attention and assent of Her Majesty's constitutional advisers?
The sufferings of Europe, from an excess of population, combined with other causes, have led to an annual emigration from Europe to The United States of about one quarter of a million souls; and this emigration appears to be increasing. Of this vast number, the islands composing the United Kingdom alone furnish at least 150,000 persons. In the past quarter of a century a million of the natives of these islands may have gone to America j in the next 7 years another million of them may be added to her population. The condition of these people, when received into America, is certainly a question of the gravest magnitude—fit to be dispassionately considered, and definitively setted.
If Her Majesty desires to retain in her dominions all her naturalborn subjects, America will make no complaint. If, with the consent of Her Majesty, this expatriation takes place, America, which receives them, should certainly be recognized as having the right so to regulate their condition as may most conduce to the well being of the emigrants, and the safety of the commonwealth.
It is certain that misery, or the fear of misery, want of employment, or the apprehension of want, despair, and hope, are among the causes which crowd the principal British havens with multitudes of emigrants. To America they are especially attracted by the opportunity of becoming freeholders. "Tou would be surprised," writes an unprejudiced friend of the undersigned from New York, "to know a fact which has been brought particularly to my notice as a conveyancing lawyer—the mania of the Irish for the possession of the soil. In all the suburbs of this city, Brooklyn, Williamsburg, and elsewhere, great numbers of cheap lots are held by Irish labourers. When one of them has saved up a hundred dollars or so, he buys a lot, pays part of the price down, gives his mortgage for the rest, and never ceases till he has paid it off. They are the most punctual of debtors."
That the emigrants are not unmindful to send relief to their kindred who remain in the Queen's allegiance, appears from a fact which came to light during the discussion of the late international post office arrangements. The number of drafts from The United States on one single British house, for sums varying from 11. to 15/., was for one year 8,233?. And this house was but one of many in one of the many rich and populous towns of this kingdom.
If Great Britain is relieved of the charges of burdensome people, if good is returned to its subjects from the steady influence of those affections which are not extinguished by the voyage across the Atlantic, then Her Majesty's Government, instead of making of this emigration a cause of discord between the two countries, doubly owes America good will.
Have these emigrants a natural right to expatriate themselves? The Roman law is the fountain of modern jurisprudence. Ne'quis invitus civitate mutetur: neve in civitate maneat invitus. Haec sunt enim fundamenta Jirmissima noslrae libertatis, sui quemque juris et retinendi et dimittendi esse d&minum. This right of every reasonable being to seek a new country, Cicero, the great Roman advocate, describes as the very foundation of liberty. Truth is the same in all places and in all ages. It is not one thing in the presence of a Komnn prsetor, and another in the Court of Queen's Bench. It is not one thing on the banks of the Thames, and another on those of the Main, the Spree, the Tiber, or the Hudson. In enumerating the undoubted rights of all Germans, the first German Parliament at Frankfort, speaking for the German people and Princes, insists