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hostility, Poland has always, since the first partition of it, had English sympathies; yet without interrupting on that account the friendly relations of this Kingdom with Prussia, Austria and Russia.

But, of all nations of the world, The United States have least interfered with the internal policy of others, and have least been propagandists, except indeed by the silent influence of their pros perity and contentment. Our federal system, which we cherish as the necessary condition of internal freedom in a great empire, does not, as your Lordship intimates, surround the American Government with Constitutional difficulties in regard to its relations with foreign powers. On the contrary, our Government has powers, as ample as ought to be conferred in a free State, on all questions relating to peace and commerce. The simple, silent, and effective action of the revenue laws of The United States, is in itself a protection to all countries against the unlawful importation into them of arms and ammunition from America. Your Lordship declares that arms and ammunition have been sent by conspirators in The United States to Ireland, and have been seized and will be confiscated. I have held it a part of my duty to make inquiries as to these seizures. If your Lordship were to see an inventory of them, I am sure they would scarcely be thought worth mentioning in an official note. I have heard of the seizure of but one gun and one sword cane; and the owners of them were not suspected of ill intentions.

And as to persons coming from America as volunteer enemies to the British Government, I know of none. If there are any such, how many more have gone to Ireland from England; and how would every nation be always in strife with every nation, if the acts of individuals were to be taken respectively as acts of the Government, or of the collective people?

Besides, when it is considered that the current of generous affection in America was turned towards Ireland in the time of her distress by famine; when it is considered that we have greatly relieved this Kingdom by receiving into our country vast numbers of a laborious and frugal population, here esteemed a burden; when it is considered that all Europe has been convulsed, and the public sentiment agitated by a continuing series of extraordinary revolutions; when it is borne in mind that these revolutions have awakened active sympathies among the nations and Governments of Europe, it must be admitted that the people of The United States have, amidst all these perturbations, best preserved tranquillity; and that their Government has, beyond all others, maintained the position of non-intervention.

I must, therefore, express my unfeigned surprise that your Lordship should intimate that a state of things exists in The United States, contingently not "compatible with a continuance of friendly relations between the two Governments."

I am not alarmed at the intimation; but I regret it. As far as the conduct of the Government and people of The United States is concerned, it is gratuitous and was unlooked for; and I am persuaded that the judgment, interests, and well considered policy of the two countries, as well as their ratified Treaties, are guarantees that the friendly relations between them were never less likely to be interrupted. I have, &c.

Viscount Palmerston, G.C.B.



(24.)-Mr. Bancroft to Mr. Buchanan.

London, November 23, 1848.

On Friday evening, 17th November, an hour after the departure of our mail, the Lord Lieutenant of Ireland, with whom I had twice unsuccessfully sought an interview, did me the honour to pay me a visit; and in the most friendly manner, with the kindest expressions towards my country and towards myself, as its Minister, consented unhesitatingly, at my request, to direct the liberation of Mr. James Bergen and Mr. Richard F. Ryan, the two American sympathizers who have been held in prison in Dublin.

It will be expected that they quit the kingdom; but this is, I believe, only what they themselves desire to do. No other condition is annexed to their release. I have, &c.

J. Buchanan, Esq.


(25.)-Mr. Bancroft to Mr. Buchanan.

(Extract.) London, December 1, 1848. MESSRS. JAMES BERGEN AND RICHARD F. RYAN are set at liberty in consequence of my earnest interference. I expect no other answer from Lord Palmerston to my letter to him of the 10th of November.

J. Buchanan, Esq.



(26.)—Mr. Buchanan to Mr. Bancroft.

Washington, December 18, 1848. THE President has directed me to express to you his approbation of your able, persevering, and successful efforts to obtain the release of Mr. James Bergen and Mr. Richard F. Ryan, the two American citizens imprisoned in Newgate, Dublin, under the Act

of the British Government, of 25th July last, [11th and 12th Victoria, cap. 35,] upon suspicion of treasonable practices against the British Government. You have correctly designated this act as "thoroughly arbitrary" and "utterly despotic." It not only suspends the Habeas Corpus Act-a measure which our own Congress possess the power under the Constitution* to adopt, "when in cases of rebellion or invasion, the public safety may require it," but it deprives the unfortunate objects of Government suspicion even of the small protection against unjust imprisonment which a previous ex-parte accusation, under oath or affirmation, would afford. If the individual be merely suspected of "high treason or treasonable practices," by any of the agents of the Irish Government, a warrant signed by 6 members of the Privy Council, or by the Lord Lieutenant or Chief Secretary, is of itself sufficient to commit him to prison, "without bail or mainprize." He is thus doomed to a dreary imprisonment, without even the melancholy satisfaction of knowing the specific nature of the crime with which he is charged.

If this law, arbitrary and despotic as it is, had been carried into execution in the same impartial manner against the citizens and subjects of all foreign nations, this Government, especially after the release of Messrs. Bergen and Ryan, might have submitted in silence. But it appears that an invidious and offensive distinction has been made against American citizens in executing its provisions. They have been placed in a worse and more degrading condition than those of any other nation. They have been singled out from the rest of the world, and "all persons coming from America," from this fact alone, and without any other evidence, have been subjected by the Government of Ireland, acting, of course, under the authority of that of Great Britain, in the language of the law, to the "suspicion of high treason or treasonable practices." The exercise of a wise discretion is more necessary in the execution of a despotic law than with regard to any other enactment; yet the Irish Government has entirely relieved itself from this duty, by declaring in advance that "all persons coming from America," without exception, shall be imprisoned under this law. To have come from America to Ireland is conclusive evidence to doom the traveller for pleasure, the man of business, and all others, to its penalties, and this too, without having received any previous warning.

Such is the character of the printed Order of the 2nd August, 1848, to which you refer in your note to Lord Palmerston of the

Constitution. United States, September 17, 1787. Art. 1, § 9. "The privilege of the writ of Habeas Corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require it."

10th November, as "secretly issued and circulated in Ireland, directing the arrest of all persons coming from America, the examination of their baggage, papers, and persons, and their detention in imprisonment. No authority was given to set free Americans thus arrested, even where it was admitted by the officer making the arrest that no ground whatever, even of suspicion, existed."

It does appear, from the letter of your Irish correspondent, of September 7, 1848, that "on the 18th August, 1848, this order was modified, so as to limit the arrest and incarceration, seizure and search, to returned emigrants, and to those Americans against whom there may exist suspicion. If nothing should be found. to warrant such suspicion, these latter were to be liberated, but watched."

The distinction, thus in effect drawn between naturalized and native American citizens, is invidious and unjust. Our obligation to protect both these classes is in all respects equal. We can recognize no difference between the one and the other, nor can we permit this to be done by any foreign Government, without protesting and remonstrating against it in the strongest terms. The subjects of other countries who, from choice, have abandoned their native land, and, accepting the invitation which our laws present, have emigrated to The United States and become American citizens, are entitled to the very same rights and privileges, as if they had been born in the country. To treat them in a different manner, would be a violation of our plighted faith, as well as of our solemn duty.

The President has, therefore, directed me to instruct you to protest in the most solemn and earnest manner which official propriety will warrant, against the orders of the Irish Government, issued on the 2nd and 18th of August last, and against the arbitrary and offensive distinction which they make between our citizens and the citizens and subjects of other nations, and also between our native and naturalized citizens. The liberation of Messrs. Bergen and Ryan, without trial, the only American citizens known by the department to have been imprisoned under this Act, affords evidence almost equal to demonstration that no reasonable cause existed for these orders. The form and language of this protest, with the present despatch as a general guide, is submitted altogether to your own discretion. I am, &c. G. Bancroft, Esq.


ACT of the British Parliament, "to empower the LordLieutenant or other Chief Governor or Governors of Ireland, to apprehend, and detain, until the 1st day of March, 1849, such Persons as he or they shall suspect of Conspiring against Her Majesty's Person and Government."

[11 & 12 Vict. cap. 35.]

[July 25, 1848.] WHEREAS a treasonable and rebellious spirit of insurrection now unfortunately exists in Ireland: therefore, for the better preservation of Her Majesty's most sacred person, and for securing the peace, the laws, and liberties of this kingdom, be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that all and every person and persons who is, are, or shall be within prison within that part of the United Kingdom of Great Britain and Ireland called Ireland at or on the day on which this Act shall receive Her Majesty's Royal Assent, or after, by warrant of Her Majesty's Most Honourable Privy Council of Ireland, signed by six of the said Privy Council, for high treason or treasonable practices, or suspicion of high treason or treasonable practices, or by warrant signed by the Lord Lieutenant or other chief Governor or Governors of Ireland for the time being, or his or their Chief Secretary, for such causes as aforesaid, may be detained in safe custody without bail or mainprize until the 1st day of March, 1849, and that no Judge or Justice of the Peace shall bail or try any such person or persons so committed without order from her said Majesty's Privy Council until the said 1st day of March, 1849, any law or statute to the contrary notwithstanding.

II. And be it enacted, that in cases where any person or persons have been before the passing of this Act, or shall be during the time this Act shall continue in force, arrested, committed, or detained in custody by force of a warrant or warrants of Her Majesty's Most Honourable Privy Council of Ireland, signed by six of the said Privy Council, for high treason or treasonable practices, or suspicion of high treason or treasonable practices, or by warrant or warrants signed by the Lord Lieutenant or other chief Governor or Governors of Ireland for the time being, or his or their Chief Secretary, for such causes as aforesaid, it shall and may be lawful for any person or persons to whom such warrant or warrants have been or shall be directed to detain such person or persons so arrested or committed in his or their custody in any place whatever within Ireland, and that such person or persons to whom such warrant or warrants have been or shall be directed shall

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