Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1813-12-28

= II =. D.
son 10 be charged against natoralized
foreigner, and the rule exists equally
and alike among all nations in regard to
their DatsraIized citizens.
It is this equality Of independent ma.
tons, which establishes the incsmpeten.
cy Of one TO prescribe 10 another. any
rules in the exercise of its s~n rights
over its native subjects; at the same
time this equality Of nations allows one
nation to confer on tho smigrant sub.
jeets Of another vhatsver privileges Of
natural born ssbjscts it may chusc to
confer, and which are within its power
When two nations are Of war, If the
subjects Of one esigrating during the
war, shall BE- naturalized by the other,
it Is not pretended that such can BE dis.
chagsd from thsir native allegiance, aad
consequently if taken 6shtisg agsinst
their native country any wnsre, they
will be amcnable to be tried for treason
--yet such persons if they remaia in
their adopted ceuD.ry will enjoy all tho
riehts acquired by their naturalization, &
unless they fall again undcr the power
Of the country they deserted. ~illnot be
liable to any punishment. Thus an A.
msricsn who shall now go into England
and remain there, cannot be punished
for bic dsssrtion, but if he joins the enc.
ny's feet, and falls asais under tho
power Of his country, he would BE-
shssgsable with treason--in like man
ner I'll Englishman who shall now join
the American standard will bs held .
traitor, Notwithstanding any act of natu-
raliza,isn since the war broke cut. This
being admitted, then it follows that
there are cases in which the naturaliza.
ton Of an alien is ineE.etual to absolye
bira frsm the ties of fidelity and ale.
glance to his native scvsreign.--Ia war
it cannot be done, If that war is between
tae native and adopting state, and the
reason is that the nations are equal, and
usither can be bound without its own
consent, By any act Of the ether. II
Congress we're 10 set free all the prison.
srs they take, who should thereafter BE-
naturalized and be found 10 arms against
Englsnd-couid net England make such
persons answer for treason? Unless
this bs denied, then let another Glass bs
considered, such as durir & the war be.
twsen England & America, have against
the consent olEnslahd come to America,
and obtained acts Of natural zstion here.
fsuch persons enlist in the American
army, and are taken in arms sgainst
England in the British territories, their
naturalization here, will not have dis.
charged their allegiance to their native
sovereign, because tho emigration was
unlawful and forbidden there. The
sane rule is applicable 10 such per.on.
II taken IN BATH. upon ths high sea,
which is common jurisdiction.
But in peace, emigration from one.
European country to another, has been
permitted to individuals, which usage
implies the consent Of nations to such
acts, and therefore such class Of M.
turalized foreigners are entitled to be
considered under another rule, or tea
relaxation Of the rule in their favor
certainly such persons, fighting on the
territory Of their adopted country in
compliance With its laws, ought not to
be treated differently, their smigratisn
having been, with the tacit assent Of
the society to which they belonged. E.
guilty, therefore, dictates to the civilised;
states, VIE exercise the power of natu-
Raising, that some indulgence should
be extended to this class, aad that by
mutual consent, the rule should never
be practised towards persons under
such circumstances. Indeed, there is
no instance where person SO circum-
stanced, has, according to the English
dsctrins, suffered the punishmsnt Of
treason within the last centuries, and the
rule is therefore obsolete as to them.
The Law Of re r. listiou ma. cod bv Com.