The Dock and the Scaffold: The Manchester Tragedy and the Cruise of the JacknellSullivan, T. D. (Timothy Daniel)
History
The Dock and the Scaffold: The Manchester Tragedy and the Cruise of the Jacknell
Sullivan, T. D. (Timothy Daniel)
Erin's Hope (Brigantine); Fenians; Ireland -- Biography; Ireland -- Politics and government -- 19th century
The trial of the first-named of those gentlemen is likely, owing
to the spirited and statesmanlike course which he adopted on the
occasion, to become memorable for all time, and to have a prominent
place in the histories of two great nations, England and America. One
of its results, now actually in progress, is an alteration in the law
of America, on a point of great importance to both countries; and this
alteration will necessitate a corresponding change, if not in the law,
at least in the practice, of the English courts. From these changes
will ensue consequences of the utmost gravity to England, but of
unquestionable advantage to the Irish people, and the cause which they
have at heart; for all which the name of Colonel Warren will long be
held in honour and in grateful remembrance among his countrymen.
[Illustration: COLONEL WARREN]
Colonel Warren, who is a native of the town of Clonakilty, in the
county of Cork, and of respectable parentage, emigrated to the United
States some twelve years ago, and in due course of time, like most
of his countrymen who transfer their domicile to that free and great
country, he took out papers of naturalization, and became one of its
adopted citizens. That act of naturalization is the declaration of
a contract between the American government, on the one hand, and
the new-made citizen on the other, whereby the latter formally and
solemnly transfers his allegiance to that government, and withdraws
it from any other which might previously have had a claim on it; and
whereby the government, on its part, in exchange for that allegiance,
engages to extend to him all the liberties and rights possessed by its
native-born subjects--the benefit of its laws, the full scope of its
franchises, the protection of its flag. In this way many hundreds
of thousands of men, hunted by British law and British policy out of
Ireland, have, during recent years, been added to the number of brave
and devoted citzens possessed by the United States. But yet, it
seems, the law of England affords no recognition to this transfer of
allegiance, expressly denies the legality of any such act, and claims
as subjects of the British crown, not only all persons born within
British jurisdiction, but also their sons and grandsons, wherever
their domicile and their place of birth may be. Between the
British law on the subject of allegiance and the American system of
naturalization, there is, therefore, an irreconcilable discrepancy;
and the course taken by Colonel Warren, on his trial, was to bring
this question of law between the two governments to a direct issue.
He took his stand on his American citizenship; he claimed to be tried
as an alien, and, on the bench refusing to accede to his demand, he
abandoned all legal defence, directed his counsel to withdraw from
the case, and put it upon his government to maintain the honour and
vindicate the laws of America, by affording him the protection to
which he was entitled.
Public-domain text, read in full here on John Shaqi.
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