The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-06-18
ENQUIkEH-OFFiCE, JuHEl3.
FOR TIE ENQUIRER.
TO The Congress ofthe United States.
(No. s.
-NATUSALIZED CITIZENS

have seen by the late Gazettes, felinw
Citizens, that the British government has
refused TO exchange such of her subjects,
naturalized by u, as thu fortune of War has
thrown into her power Whether this re-
fusai be the keystone Of that monstrous sys-
TEN OF injustice, by winch that nation has
been so 'Auch disgraced and distinguished,
or ~ merely AN elevated ground assumed
BY hers Tor the purpose of having its effect
IN negotiation. it ought equally TO be resist.
sd by yon. TO make chat re . taace CON.
pletely efectual, it is necessary that the
whole b"dy ct your constituents should be
informed upon the subject. IL is rather with
view to- give that information, than tn ad
dress your enlightened erstsnding, >,
that tie present essay is attempted.
lhave said. in former number. that the
rIghe.ot expatristion was established By the
laws OF nations, of nature and OF God. in
'.taver of the happiness Of man. in a manner
mot to be shaken by the narrow municipal
g Codes of particular nations" If that
right shall be found To be based OIL all or
any of these foundations. its paramount au-
thority will not be questioned In rsIation
TO these, the municipal laws of particular
States are undoubtedly subordinate. They
are laws $40 Srav;ori ieYe. When in con.
hlct with them, they cease TO have author
| ity. - ~.
The above is principle subse ribed 70 by
all civilized nations. aad even admitted b.
the English Jurists themselves, however it
IS outraged BY that nation in practice.
Speaking OF thel law OF nature, for example,
6fdeSStone tells US. q vo. pa. 4l) that his
law being coeval by mankind and die
y" tated by God himself, is, of Course, supe-
rior in obligation to any other. 1t is bind
ing over all tine globe, in all countries, and
at ali times; no human laws are Of any
vahdity, 1t contrary to this and such Of
them as are valid, derive all their force,
9 and all their authority, either mediately
" or immediately, from this original" A
gain, he lib. Az that "upoa these two
foundations. the law of nature, and the
Law otrevela'ion," (which he also tells
us, is only the law of.nature, as declared
by Cod HIMSELF "depend all humaa saws :
that is, that no human laws, SIN dSid be
permitted to contradict these."-He fur
ther fortiiIes this principle by adding. tina,
tia human law should allow or enioin ms to
commit crime forbidden by the natura. or
diVine iaw,we arc bound to transeress the for
mcr, or that else, we must offend against
the latter. The principle is also admitted by
the exception IN favor of the "inferior le-
S'siature, To act eoHclusiueiv, as to mat
GERS in themselves iudife rent. and which
are neither commanded nor forbidden b,
these =" superior laws" Gb.) There is no
uiHerence IN respect OF ihis principle, be.
tween the natural and divine law. and the
law of nations Which indeed. i. nothipg
more nor less than the-law of reason and OF
nature. as received and admitted, by the
common assent of Hatio.s
The paramount authority of this super;or
law is also admitted, by principle of the
common law itself. That principle is. that
that law refers TO, and is compounded OF.
ailthe Codes aforesaid. nay even of all the
arts e sciences. This principle is familiar.
Fly illustrated by the common law maxim-.
= cnif6et ia sud Grte credendug1 esr.n-
In respect OF many subjects, the superior
coGe sbetorc mentioned, are to De considered
as the touatain, and the municipal code of
the common law the rivulct derived from
It ana we are taught by another m AKIN of
the same law. that in making a constructions
"foflns csc hefere fonteS, guam scctare n.
vuioa."
! AS well, therefore, under the influence of
ne seneral principle before stated, in re
latioT' 10 az human laws conflicting with the
! superior laws now IN question, as under that
Pecaiiar TO the common law itself, as afore-
SAID, every principle of that law stands
utterly repealed and annulied, which is found
to be opposed to the precepts of the laws
vi nations, OF nature or OF God.
1t IS decisive of the question before MS.
therefore, the Code of the common law Of
England to- the contrary Notwithstanding. Il
the right of expatriation shall be found to be
sanctioned by all or any of the superior laws
| aforesaid.
Lhat right is supposed to be sanctioned
! oy the principles of eli the said laws.
| with respect 20 the law of nature IN re-
'atioD to this subj ct. we are told by the same
| author lib. pa. Al J that "the fonnaat;on "a
'.hat we call Ethics or natural law. is.
| nat man should pursue his own tr.s and
| substantial happiness" ard tina, what tends
o mas rea happiness, ais a part of the
law ct nature" and that whatever is " des
| trnctIve OF that hap piness is forbidden" by
mat law. II, therefore, 90 seek for and ar
| quHe better subsistence in new and
pettsr country, ~ prrmntive of mans han
liness, the liberty to do so is sanctioned by
the precepts ui that lawn pursuance
81 thh idea, The rights of life, liberty. and
the " pursuit oFhappness," are exprassl,
assgr'ed in the celebi a'ed Declaration of our
independence, to be Of the natural and un
| Iliepable rights OF man, and that to- srcure
hese,g 1vefnments are inst tuted among men
las we'll therefore,, underline general Drin
clple before stated. as Under The authority
" this celebraled Charter, the question be-
| lore us. - decided, by ascertaining that tbe
ght OF emigration is conducive to the hap
| piness bf man
rs Tor the divine law, man has been in
vested by God himself, with dominion " o.
yer all the Earth. < over every living thing
Z q n y Al. -