The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-12-18
wQUIR ORR rec.
MBER IS.

u the North TOT puoueationy the trinters here be
ng too much occupied tn undertake 1.-THE AN
hor is the same Gentleman who addressed us in the
capitol in such animated strains, the last fourth
y Juiy. From his reputation as a writer. and ON
he pith that is found in the following Syllabus, we
hink that the world may promise itself rich repas,
N a very interesting subject.
EIP.4TRL41TO.N
REMARK.
The word expatria,ion, of Roman extraction, bnt
Of American birth.
Expatriation dehn sd--removaf from a country
with an intention 10 settle permanently abroad
The queston-whst constitutes the legal POI
litical connection betweea citizen or subject
and his country
Citizenship Shat-rghts and duties-for the pre-
When they do not exist. citizenship ceases.
plustr ton from
American revolution.
Territorial cesson.
Banishment.
Statutory declaration of siienage.
Rights and duties extinct in fact by permanent
change of residence.
Notice Of the d. Stat before auosed--confrms the
idea.
Objection from temporary resiaence-ans
gushsd thereby.
1. Rights strictly personal.
9. Rights Of property.
1. Personal property not concerned in the
gussiOn-msy he held ny atene
2. Real property in possession.
Right of acquiring real property.
r, BY Inheritance
BY purchase.
Right of protection in foreign countries:
All eNEnguished.
But citizenship consists not OF rights generally
and duties, bat Of rights strictly per nal and
duties.
Property not an Ingredient Of citizenship--
proofs.
duties also extinct in fact by emigration.
Duties enumerated-applied to the ,itca.ion of
the EuiErsnt
Right Of ex patriaton inferrsbe from the fact.
Instead of proving this proposition by abstract
reasoning. the antagonist doctrine Of perpet.
ual allegiance, examined
To he tested by the practice of The b. govern.
tnent.
BY principles established by its cdurt.,
:. And by authorities which il Processes to res.
: pect. -
Expotristion substantially allowed by the lava Of
Right 20 leave country if no law forbid
No law in England ferbids "
/. Leaving country with intestion ss sbove-Ea-
!, pstrist,oa.. 3.
Notice Of the Highland Emigration society.
Inferencefrom the Stat. Of IA & Is Hen. S.
J. doctrine ofpsrpetuai allegiance What
Declared 10 he principle Of uniyer sal law
Inference against the practice OF natural zation-
British paciice IT naturalization.
Natura;zation by two years. sea service only.
Case TO shew mischief of this sort of naturaliza-
ton. 80
znferenc. from the B. practice of naturalization.
b. government, Notwithstanding this practice,
maintains the doctrine Of perpetual allegiance
Allegiance from naturalization said in Congress
and parliament to be OF inferior obligation to
the allegiance of birth.-
The idea absurd. -
Refnted ty Blackstone, woodeson Domst,
And by The Stat. Il. Geo 9, c. 5, recited YER
batim.
Refuted also BY John Locke.
He goes too farm ascribing to voluntary ale
glance that perpetnity which ia ascribed to
natural allegiance, and which belongs to nc
allegiance whatever.
Blpctstoue's Exposition OF the Brit. doctrine,
selected for ex amin stion & Why
The doctrine precisely stated.
Contradeted by the British and by the uniSer:
sal practice Of naturalization.
Founded says B.. on principle of universal law
This position d. MED.
Blackstonr's r6erify.
R.Ers to Hsie only.
Not supported by Hale.
Hs,e quotes the feuda law only.
Origin of the doctrine OF perpetual allegiance
Game from the feudal system.
Allegiance came from tenure, not birth.
Proved by Blacks one Himself
Fiaie's opinion rather oppoOed to that Of Black
stone.
Hale refers to C6i.ez1Cal7ia's case.
Coke does not support Blackstone.
Decision in Calvin's case noticed.
The doctrine OF perpetual allegiance contrast
ed with other r. doctrines.
Haie's opinion as to two aegiances.
Practice of administering the oath Of allegiance
to sliens. E
In case of collision between natural and local oI
voluntary allegiance, former gives way.
Proved by theiaw of I'm gand, where local al
iegisnce is claimed by the b. government
Decided by all the Judges -
Case where local allegiance "a due by an En-
gl'shmsn TO foreign State,
EBess McDonald's case, rs%s
Case of an EngIiihman now IN the y. S+wh,
should act on the principle ofpcrpetual III
legauce. ..
Objection that 6. b rot bound to nn,ic,
foreign laws tae subject of local aegi
giance--answered,
Notice Of the Lex loci . =. t-,... ~ y;
Local allegiance becomes perpetual by reai
dence.
Allegiance and protection rsciprocai.
Duty OF prots6tion not perpetual Z
digestion from the lepty or Indulgence sheYi
to strangers not haturaized answered
= Ghsrse "fincoa,istency on-tbe English law
supported.
Cas- of the alien holding land in England sf
Ter observation-disclosures therefrom
Clam on subject alter emigration ineonsis,
ent with principle of the Com. law.
Case OF contracts during infancy.
Principle OF perpeteal allegiance ost sight o
IN the Admiralty court,
SCOTS DECISIONS
Kenyon's decision.
Judzemen mt o. the Excheduaf Chsrnber.
Inference from the foregoing decisions.
Examination of the reasons given by Black
stone for the doctrine Of perpetual sIIegi
anee.
Principles Of this essay applied to particuIs