The Sun.
London, England, 1867-12-18 00:00:00

BRITISH SUBJECTS TN AMERICA•

flistoricus—a well-known writer in the Tines--
has taken up the paragraph in the Presidents
speech urging " Congress to declare that the DS;
turalisation of a foreigner, as a citizen of the Uiliteu
States, absolves the recipient from allegiance to the
sovereign of his native country," as the text of A
letter. He exposes the absurdity of English law °n
a subject daily growing weighter in importance.
The simple doctrine of the common law of Englancif
is that " Every man born within the dominions
the Crown is born within the Fgeance of the Crow°
and is a British subject, and that, whether the,
parents are British subjects or aliens." A obi
born of foreign parents in England was English ; °
English parents abroad—a foreigner. In the reig°
of Charles 11. a special statute naturalised the chn'
dren of Englishmen who had fled during the Coin'
monwealth, and whose children were thus born i°
foreign parts. By a statute of George 11., a 11..„
children of natural born British subjects her
abroad were made natural born British 13°_,v.
jects. By a statute of George 111., it is enacted'
" That the children of fathers made British subject;
by the Act of George 11. (i.e., the grandchildren °,
a natural-born British father) are hereby declare('
to be natural-born British subjects to all intents!
constructions, and purposes whatsoever.' " 1111
persons who but for this law would be to all intents
and purposes foreigners become British citizens
without choice. The character and distinctive
principle of British citizenship is that of in3elib'ie
and indefensible allegiance. Blackstone affirms tbat
" It is a principle of universal law that the natural:
born subject of our. Prince cannot by an act of his
own, no, not by swearing allegiance to another, P°,,
'off or discharge his natural allegiance to the former.,
Now the reverse is the case, and English law derived
from feudal times when every man held mediate
from some lord, and ultimately of the king, affirme°o
a principle which was at variance with comet It
sense, and wholly inapplicable to present times.
would manifestly be impossible now for EnglandYi
enforce such a doctrine, which would include Jos:
the citizens of the greatest of States as bearieb
allegiance to the British Crown. When practical
tested long ago, in the case of 2Eneas Alaedonal°o'
the English Government shrank from carryingrinr;
execution the sentence enacted by the law. Na"..
donald was a native of Great Britain, who bad rel;
ceived his education from his early infancy
11
France, and spent his riper years in a profitaf
employment in that kingdom, and had accepted
commission in the service of the French
having, while acting under that commission, WI
taken in arms (of course in a legitimate Nvsj
against the King of England, he was indicted o°o
convicted of high treason. But he was afterwcru.,
pardoned on condition of his leaving the kingdl
for ever. The logical consequence of this ill-ornenc
doctrine was the immediate cause of the unhappy
war with America in 1812. In that war, acti°4*
upon this theory of citizenship, the English GoverE
meat threatened to punish as traitors its native sub'`
jects naturalised in the United States, and taken
arms. This menace was met by the arrest of British
s
officers as hostages, on whom the United States O-
nounced their intention to retaliate. The English
Government shrank from carrying out their threat,
e
and these 11 natural-born British subjects" vi'or
afterwards included in the cartels of exchange'
The law of France avoids the preposterous cons,,e;
quences of making citizenship dependent on 0...
mere local accident of birth. A stranger born It'
France may become a Frenchmen if he elects eu
attaining his majority to do so, and testifies his
iu-
tention to make his home in France. Instead ef
enforcing an involuntary citizenship, the French
law decrees the forfeiture of the privileges of citizen:,
ship where the deliberate intention is clear to Nie
draw from the State. And in this the test is illa„
deliberate domicile, not accidental birth. In Au 3;;
rica the law is grounded on that of England. This vat
affirmed by Wheaton, who asserted that he was "'",,
aware that " a natural-born subject of one coma%
can throw off his primitive allegiance, so as to ces.ye
to be responsible for criminal acts against his natihe
country." When resident at Berlin he refused
protection of his Government to a Prussian natur°,„
ised in America called to perform military daty.'cr
his native country. " Having returned," lie
" to the country of your birth, your native eie-0-0
vile and national character revert (so long as 5: re
remain in the Prussian dominions), and you -0
bound in all respects to obey the laws exactly
of
if,you had never emigrated." In 1795 a jag()
ed
the United States Supreme Court thus exPress•e
himself :—"A statute of the United States relativet
to expatriation is much wanted, especially as
of
common law, of England is by the constitution _a.
some of the States expressly recognised and adopteit,
Besides ascertaining by positive law the manner to
which expatriation may be effected, it would obvloy
doubts and render the subject notorious and e
of apprehension, and furnish the rule of civil c°,to
duct on a very interesting point." No such statr,u,et
has ever been passed, and in America the con°l3o
between the Judicial and Executive doctrine on
,'„0,
subject remains the same. As .Historicus obsellicji
the English and American common law is wh°;s3l
inadequate to solve the question of the p?"t",; of
status of that vast population of English origin
of
of American domicile peopling the further shores ..,0
the Atlantic. 'The British law asserts the doctrtioP,
of indissoluble allegiance ; the American Constliog
tion demands on naturalisation, an oath ahi°l;,bo
foreign allegiance. Thus British emigrants 'ies,
have settled in the States are placed in the lorries
able position of being held by law to an alleglyes
which they may have disowned, and which inv°„cr-
a legal fiction and a political absurdity. 1118,09 r• s.
sons during the late war sought to escape cons ern.
tion as British subjects ; but the English Gov: iv
ment never attempted to interpose its offices
the case of those who had clearly exhibited itecl
intention to adopt the nationality of the ii°opcl
States. 'That such a demand could be made'f the
that according to English law a vast number °, for
combatants on both sides might be indicted v.
offences, are proofs how greatly it needs revl6l
Finally, Historicw ,10 asserts that a revision car
simplify instead of embarrassing the action ei
vernment in the unlawful proceedings of the Jt° ars
American Fenians ; for the more clearly theYjctii
recognised as American citizens, the more dittjtvir
responsible is the American Government for.sion
conduct abroad. He advises a mixed commliveirf
of English and American lawyers and states on
who could without difficulty arrive at a e°ll)et on
basis which would place this paramount subje
a satisfactory footing.

Births. Pllll
RIPLEY—On the 13th inst., at Surbiton, the wifo °f
A. Ripley, Esq., of a son. Si
SAREL—On the 16th inst., at IJalconibo Rectory, Sr,
the wife of Lieut.-Col. Sarel, 17th Lancers, of 3 s°".l,ll'
SHANKS—On the 1511 t inst., at 2, Alten-terrace' of th
mouth, tho wife of Ilemsley 11. Shanks, Lsq"
daughter.

Marriages.
PliarV
HAWLEY - LANGFORD —On the 14 1h inst., at Tw--ke J. -
William Henry, eldest surviving son of Ifenil ogef
Hawley, of that parish, to Ayliffone Isabella, Y°
daughter of the late A. Langford, of Jersey- Church'
SAUNDERS—GIBSON— OD the 26th Oct at Christ ""
Colombo, Ceylon, Frederick Richard. eaunders,
Ceylon to Mary, second daughter of-the 11°13.
Charles Gibson, Colonial Secretary.
Deaths. nos
0
MILLER—On the 17th inst., at Woodford Vire,i'
Miller, Esq. (11011,1°'
SCHOFIELD— T.
On the 12th inst , at Tan-yr-Allt, -‘,„'311
Eliza, wife of Andrew Schofield, Esq., Woothie
ham, aged 67. flel3rl
TAYLOR —On the 11th inst., at Radipole House,
Taylor, Esq., aged 71

vETIO'
____----- A ND....- iii
London : Printed and Published by WILLIA3I " No .-A
of No. 112, Strand, Printer, at TRH SUN OfaM,,ottY "
Strand in the Precinct of the Savoy, in the "
/iLiCialMI,"" Wednesday, December 18, lea!

A.FrEI

After D
After II
After A,
After 0
AftetSl
After N
After St
.LAtter
-meta Sky

T ITE

LtNelli

CU:
we. Prival
"XT Opp T
°a and a
p.m. to Oae

BETA
prize Medal
It is Purc
~Sold B
"40 Agprit

8,
t_Vbserve Observe
'ln's LL

g
~ A.,Rtr xevrssq.
t~ias
Werkly
frei

ril II

During7.l(l ircl
Aug ENi
rrinctt al
~leism Btu
Lnd Chorus
4teltinEr, an
„re() Am Di
.LATIR,T
and rues K
Elr F„ w
BT4‘,ki

ovate
rneaade, ls
ITA.D2

A Life-qi
of Abyssin;
°I England

'Pen fro
-4ttln,l'e,

A.RGy

llg
magi
ua,'ing bee,
by
Messrs.
Tr the Atr
13010 Comm

W E

The Gre
101(1 Sir I
/srobod ,
the r Y 8
Gtooro)ilinhfis
TED
C
BkE
DELI
(frotti the 1
°f
30 Perfo
e.,Btalls 9.1
can b
coktrienee

D o "
8d eN)
Pu.A. 8
se
218,

WON
PreParatioi
iu
't°l.l3g thi
2178,
uigh I

- _ _
AIF
/24. L
dies' or
°
s• ed. ss.
s-lisci of c

Gic--11E)
,AL'
eftc_Fchate
kiej44Pori

~:tliAn
„„.,
4,:,. 4

PIMP
TAB ski!
c, s
.a. 9d. an a_
Efigitc!

All
teen
claYshl
248 oc,Asic

Jut
IFTGLi
Bad
radneel

Tll
at 14;
4tC ken
tore e He
tr,Bhp alillln
ale ," ittl
kr "R. pi
011..0a

No, (
1)11 B
ant