TREATIES WITH FOREIGN POWERS.

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unprovided for by the constitution, or the direct or legally recorded sanction of the sovereign people.

If the law of America, anterior to the treaty of Washington, perhaps better understood as the Ashburton treaty, was by any void or oversight, insufficient to authorise the United States Government, to conclude a treaty of this beneficial and salutary consequence, the same law points out the alternative to be adopted, to arm the executive and legislative authority with sufficient means for this, or any other essential purpose; for it declares, that

"The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution; or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in threefourths thereof, as the one or the other mode of ratification may be proposed by the Congress."

This clause, we apprehend, (article fifth of the United States Constitution), and without further amplification, would lead to the negative conclusion, that without these means should first be resorted to, where the laws were otherwise insufficient, for any further or necessary purpose of legislation, that Congress, possessing no inherent power, enjoyed none, that was not strictly defined-marked out

for its observance, and beyond which it could not transgress.

It is not presumed that this provision in the treaty is intended to extend, or in any manner apply to political offences, though frequently classed as of the crime of murder, or assault, with the intent to commit murder; any interference of this kind being in direct violation of the vaunted protection that America extends to the stranger of every clime, for crimes of this character, committed against the government of their own country. Such at least, is the boast of her citizens, re-echoed through every interminable change of the public press, and which the national self-love has in many instances connected with personal and local advantages to the unfortunate refugee, of which he is seldom, if in any instance, allowed to participate. For our own part, we could never discover, during our residence or sojourn in the country, any trace of the vaunted liberality of our transatlantic friends in this particular; or the enthusiasm with which they are said to receive with outstretched arms, the friendless and unhappy exile, of this, or any other nation, who may have wandered to their shores seeking a refuge-a last asylum or resting place from government persecution, and the consequent of past political indiscretion:--even the luckless and chivalrous Pole, whose fortunes have been dimmed for a season, and whom their dissimulation encouraged amongst them-whom they, for a while buoyed up with promises of grants of land in

POLITICAL REFUGEES.

183

the uncleared, or remote districts of the western territory, and afterwards made pay, for every rood they were fool enough to occupy--or of such men in by-gone times as Emmett, Sampson, McNevin, and others, the victims of the late Irish Insurrection, who rather owed their successes in the United States, and their being able to procure the mere necessaries of life, to their own talents their extraordinary persevering efforts, than to the benevolent sympathies, or extended kindness of their quondam American friends. It is enough, every American thinks, that they allow such men—the expatriated of another soil, to exist, and live amongst them unmolested, and without complaint; to breathe the air, and use the light the Almighty has distributed in common amongst his creatures, without expecting further concessions, to enable them to provide for their wants, and urgent necessities. Oh no!-the general cold-heartedness of their reception, even of those we have ourselves witnessed, the ill-starred neglect-the indifference of every American when amongst them-the stoical unconcern with which they look upon their severest afflictions—their wants and bodily sufferings, and of those too, whom they have encouraged to expect sympathy and kindness at their hands, who were led by their loud and hypocritical cant to seek them in their hour of trouble and misfortune, should be chronicled throughout the world, and sent back to shame them into some degree of consistency, and good feeling. Had those, or the many ill-fated men,

whom a false estimate of the American character, had led to their shores, arrived amongst them in less dependant circumstances did they possess the means, that could scarcely fail to excite their native cupidity, and early spirit of calculation, they would no doubt have been received with a warm and eager welcome: -but they came amongst them, deprived of the auxiliary of wealth, even of a limited support; the expatriated children of a more generous, and chivalric people, to identify their interests with theirs-to work in peaceful and honest efforts for their future subsistence; and are all but told upon the threshold of their arrival, the theme of endless gratitude they should pour forth in loud and unceasing benediction, because that they are even permitted for a day to unite themselves with their people-to live amongst, or near them-to work out their inheritance by undisturbed toil, and ceaseless industry, and share with them, what they are pleased to call, the many blessings secured by their "enviable, and glorious constitution," rather than they should be bound neck and heels together, and delivered over to the tender mercies of their former task-masters.

Such, we assert, is the consideration, and general treatment that America extends to the unfortunate and mistaken refugee who may have arrived within her territory; that we quere, if many of the proud and daring spirits, that now wander friendless, and nearly destitute upon her soil, could be induced to outlive the second year of their expatriation, except

FUGITIVE DEBTORS.

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to escape the other, and greater ills, that confine them to a land, which necessity alone, has ever compelled them to adopt, as of their country.

Facilities, as we have already observed, are at all times given to British creditors, to recover from fugitive debtors, the claims with which they have been frequently met on their arrival in the country. Strict legal practice, on such occasions, is often put aside, and a rule of expediency substituted instead. The assumed debtor is of course, though often without strict legal warrant, arrested and sent to prison; his entire paraphernalia, or personal property-his money, if it can be got at, are seized in like manner, very often at the instance of some over zealous, or indiscreet agent; and before that he has well had time to draw breath, is assailed in many other modes, with the hope, that by taking advantage of his alarm -his possible ignorance, as also of the people amongst whom he has just arrived, to exact terms from his apprehension, and strongly excited fears, frequently inconsistent with any indebtedness to which he may be liable, and that in his more collected moments he would possibly be disinclined to listen to. This species of kidnapping is immediately followed up, and before that the alarmed or assumed debtor, can avail himself of any legal advice, a proposal is submitted to him for the "amicable settlement," of perhaps a very questionable debt, or some disputed claim, with which he is oftentimes unjustly charged. If a timid man, he will fall into the snare, and pay any price to regain his freedom. If,