The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-06-18

ltuil up 10 the heaven-bora secession of Tn.
American people, from the bondage CT the
British Pharaoh
1 AS tn the law OF nations IN relation to chi,
question, 1t . to be collected from the
most enlightened authors upon the sub
iJect'-irom that source to which the
Common law OF England itself refers, and
oy which it submits TO be controlled. In
selecting Yaftei. only appeal TO the most
modern and luminous writer upon the sub
ject.--he IS supported however, as TO the
TiS"e ot expatriation, among others by
Grofins, PnfeHdorF ~ Burienta0ui, to-
Se'hcr with the celebrated Locke with
the exception, perhaps. that Grotius, while
ne does mt dissent from the r ghe of midi
ofaa"t expatriation, denies that it should
De exercised in large companies. He dis
u"guishes' by way of Illustration between
drawing water out OF a river, and divertnp
It's Course altogether. While the admission
Oh even ms author is fully up To the ca Sc
ost"re US, being that OF mdipitNoi expatri-
a'ioh' the before mentioned emigration of
the whole lsraelitish people as well as the
secession OF the AMERICAN nation mast for
ever put tn silence his scruples in relation
TO the iawtuines> of a general revolt or emf
gration---at least in he Judgment of the
| American tribunals.
In paHeI fpa. 10y. s. 214.) it is held that
L
IN, may grant to a stranger, the quality of {;
CIT zen, by admitting him into the body Of
the political society. This is called natu-
rehzatton." In pa. 10. 5 $50. he saws
But every man born free; the son of a
citizen arrived at years of discretion, may
examine whether it be convenient for him
TO join in the society for which he vas des-
tined by his birth. If he finds 1t will be ii
no advantage TO him To remain in it. he is
at liberty to leave it" Sc.--Agajn, OBJ he
says-"A Citizen may then quit the SKATE oil
which he is a member, provided it be not in
such conjuncture, when he caunot abandon
Is without doing it a remarkable prejudice
--a''d agaIn-that g every man has a right
Itoqms his country III order to settle in any
osher, when by that step he does not expose
| me welfare OF his country. In page
! l72. 223 he says" There -. cases in
which Citizen has an absolute right to re-
nounce his country, * abandon it entirely, %
as She citizen Cannot procure subsis-
tence Ill ms own country, he is doubtless
permitted to seek it in auother-ur if the
pocy OF the society, or he who represents
IT. absolutely neg!ects to fulfil his obligations
70 the Citizen, he may retire. &c. In pa.
l|S. US his right of n;gI ation is con
sidered as a nQtnrat right, & one which IS
certainly excepted, in the pact of associa
ton. Again he adds pa. IVA. 1926, that
"lt the sovereign attempts to sion those
who have the right of emigration, he does
them All injury. and this people m ay law full.
~ impiore the protection of the power who
would receive them and OF this he sub
joins an example.
| These authorities incontestibly establish
the right of emigration as natural rfekf.
admitted as such by the common consent
OF nations, provided, that Ito admit the
most the citizen does not jeopartlize th,.
welfare OF his country, by the time & man
ner OF his removal. The same doctrine is
explicitly admitted by the supreme Court Of
the United States, in the case of Talbot as.
Janson, Is Dallas l52 j and Judge Re
oeI saId emphaticai!y, in that III sc, that a
man Is not To be considered as slave, nor
confined against his will TO a particular
spot--nor he compelled to starye in ore
( Country, when he might live Comfortably in
another.
In addition to the high sanctions last men
toned, by which this right is So Clearly cs.
tabiished; to its admission by the Declare
ration of American independence, IS afore
Istid--by the very gcniu> and Spirit of the
| American Revolution--and by the sublime
act OF the Legislature CT Virginia [Octo. go.
CHI 10. which prescribes the manner of
exercising " the great natural wight of ex-
patTlation, out does rot presume To bestozy
| ~ etoo expressly admitted by
the Constitution of the Uaited States, which
vests Congress with power to passlaws no.
on the sui set of an uniform rule OF uatur.J-
ization This section of the Constitution is
decision by the American people. in their
primary and original Characte which must
forever conclude this question.-In declsr-
ing that Congress have a right to natural
re foreigners, 1t admits their ri@bt Of ex
patriatlon. The right of naturalization is
dependant on that of expat riation the one
is the corre!ative Of the other. T he Con-
sutut'on bows to the great PRINCIPLES of nat
urai law aforementioned, in favor Of the
happiness OF nan, the narrow and bieotted
system OF the Common law OF England to the
contrary Notwithstanding.
! On recurring to that Common Law
1t is said 90 be ga principle Of uni5er.
Sat taw. that the uaturaI born subiec-
of one FrInce, Cannot, by any act of his
o~n' no. not by s"e airing allegiance to a.
mother, put OFF or dIsch Argc his natural a
legiance to the former, without tie concur
ienf act at the prince so whom it WAS frs,
due" II Bi. COM sos. 1--Witholt admitting
! mat this concurrence has not in fact been
gwen IN the case before us, lee Us advert tr
! the principle OF the position in question.
| Thai position is found TO be laid down bv
Jn0ge Blackstone without stopping to Oh
lject, as might well do. to the authority OF
this elegant, but eoHrtty writer on all sub
ljects in which the power or preroeative nj
the crown couics IN question or remarkino