With respect, however, to the detention of these gentlemen, although the Act of last session applying to aliens may be naturally appealed to by Mr. Bancroft, who regards the gentlemen referred to as American citizens, and owing allegiance to The United States alone, yet the Lords Justices must observe that it is a mistake to suppose that the 11 Victoria, cap. 20,* alone of the two exceptional Acts of the last session refers to aliens; persons who are charged in this country with being suspected of treasonable practices may, whether aliens or not, be detained under the Habeas Corpus Suspension Act without trial or bail until the Privy Council may make an order to that effect; and the treasonable acts of those parties, if really such, may be charged against them, whether committed within the realms of Her Majesty or without; and the right to arrest and detain persons suspected of high treason or treasonable practices, whether aliens or not, and detaining them under the provisions of 11 Victoria, cap. 35,† cannot, it is presumed, be legitimately questioned.

But, supposing Mr. Bergen not to have committed a crime in uttering his opinions on Irish affairs in America, yet, when he proclaims not only his hostility to the British Government, but his intentions to act offensively against it in Ireland, and actually arrives in Ireland as soon as possible after the announcement of his intentions, the Government would indeed have been unmindful of its duty and indifferent to the public tranquillity, seriously threatened at that time, if it acted upon the presumption that Mr. Bergen was merely a braggart, and that he had come all the way from The United States to Dublin to improve his means in paternal solicitude for his family. His discreet conduct on board the ship, and his abstinence from public meetings when he arrived in Ireland, were precisely what was to be expected from one fit to perform the particular duties for which he had been selected.

Mr. R. F. Ryan arrived in Ireland notoriously for the purpose of aiding in a revolution which was to overthrow Her Majesty's authority and dominion in this part of the United Kingdom. He visited the residence of one of the leading rebels in arms against the Sovereign (Mr. Doheny), who is now a refugee in France. He was arrested on suspicion of treasonable practices, and papers found in his possession abundantly proved that the accusation was well founded. He is known to be a native of this country, and it would indeed be a strange perversion of the accepted law of nations if a subject of Her Majesty, born in Ireland, and living in his native country, could go to The United States, be admitted a citizen there, return to Ireland, use his utmost efforts to promote rebellion and overthrow the Government, and then claim immunity from the * Vol. XXXVIII. Page 916. + Vol. XLVII. Page 1244.

British laws against which he had offended, on the ground that he owed allegiance to The United States alone. The Government of The United States is even more interested than that of Her Majesty in protesting against such a doctrine, because the facility with which the rights of citizenship are there obtained would be little else than protection to every foreign malefactor, and might thus cause The United States to be viewed as the enemy and the disturber of every other country.

With respect to the order issued in August last, it is to be observed that the plan publicly announced in America for promoting civil war in Ireland was, that American citizens, as they were styled, but who were at the same time Irishmen recently arrived in The United States, should go over in parties of 20 and 30, and that each should repair to the locality with which he was acquainted and endeavour to excite the people with promises of active support from The United States-promises which the meetings, the speeches, and the subscriptions throughout The United States fully justified these emissaries in giving, and the ignorant people of Ireland in believing.

No attention was at first paid to these threats by the Irish Government; but when information was received from America that persons were about to embark at New York on this mission, when they actually arrived in Liverpool, and subsequently in Ireland, where they lost not a moment at the port of disembarkation, but spread themselves over the country for the very objects that had been previously announced, it became the duty of the Government to take precautions for the public tranquillity, and persons coming from America were, therefore, ordered to be arrested and detained for further examination, until a communication had been made to the Government. This order only called upon the authorities to be vigilant in the execution of the law in regard to persons coming from that country, where a conspiracy against the Queen's authority was openly carried on; and it was in fact fully justified by the 50 Geo. III, cap. 102, sec. 7, under which strangers, whether subjects of Her Majesty or otherwise, may be arrested and detained in any district. Any unreasonable detention of parties so arrested, whether American or British subjects, would not be justifiable; and their Excellencies are not aware of such having taken place. It was a matter of sincere regret to the Irish Government that the stringent enforcement of this law (at a moment when a general insurrection appeared imminent), should have subjected some American genThe circumstances were fully explained, and this regret expressed by Mr. Redington in the only instance where grounds for complaint existed.

tlemen to inconvenience.

The gentlemen were also relieved from arrest immediately on

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; if 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 frankly 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 as it appeared that the release of Messrs. Bergen and Ryan would not now be dangerous to the public peace, it had been deterinined 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.

G. C. Lewis, Esq.

I have, &c.

WM. 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 Ireland, 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 this 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.

GEORGE 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