Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1813-01-29

whom he owes allegiance, may be
entangled by subjecting himself abso-
lutely to another; but it is his own
" act that brings him into these straits
and difficulties Of owing service to
two masters, and it is unreasonable
+" that by such voluntary act Of his own
I" ne should be able, at pleasure, to un-
loose those bonds BY which he is con-
nectea to his natural prince" I'LL
This has at all times been the law of
England, and SO long ago as in the reign
OF Elisabeth, was judicially pronounced
in he case of Dr.. Story. C2] I'm
the year l746. it was repeated and con-
6rmed in the Gaze of Eneas Nc Donald,
when the court declared that the rule in
Dr.. Story's case was never denied to be
law, and further used these positive ex-
pressions-" 1t is not in the power of
any private subject to shake off his
Z" allegiance and to transfer it to TO-
reign prince; nor is it in the flower Of
g any Prince by naturahzing or employ
" ing subject Of Great Britain, to dis.
" I've the bond Of allegiance between
" that subject and the crown"
Mcdonald was born in Great. Britain,
had been removed in his early infancy
to France, where he was educated, hid
been employed in a profitable Office
there for many years, and duriag the
war at that time he held French COM
mission as commissary OF the French
troops. For this he Was tried for trea-
son, found guil'- and recommended to
mercy. He received sentence of death
rs in Cases of high treason, but ~ss par
doned on condition of his retiring out Of
the British dominions and continuing a.
broad during his life.
Though this be the law OF England.
the practice of naturalizing foreigners
prevailsin that country, for which pur.
pose several statutes are now in force
and in the reign of Queen Anne there
wa, a general naturalization act Ut all
foreign pretestants, which was soon re-
pealed after the experience OF three
years.
A foreigner who is naturalized IN
England, is declared to be subject to
all intents and purposes as if he had
been born in the kingdom, subject to
The disabilities, restrictions, and condl-
lions which arc expressed in the sta
tutes. Their Naturalization is said to
cancel all defects and to have retro
.pectivc energy, SO that the chlldren
born before the naturalization OF The ia
Their, are also made British subjects.
The generality of such cxpressiors
and of such proportions, must however
be restrained by tie principles OF AM
sersal lew, always avowed and admitted
by the English writer's ard Judges. as
are been stated. I hcse declare that
+" it is not in the power OF any Pr'nce
nv naturalizing or employing Rri:Is':
subject, to dissolve the tie It n4tura' al
Ieglance." These declare that 1t IS not
in the power Of private subject I"
transfer his allegiance by birth to . TO-
reign state. Therefore the genera! Ian
guase used in the statutes and on the
bench of justice, is to be, limited to
those objects only which one foreign ma
ton i, capable OF doing lawfully in
respect to the subjects Of another to,
reign nation. Of necessity they are nh'
to be construed as cancelling the ma
tural and original allegiance OF the
dopted subject, but as granting new
rights and comforting new dnies; saw
ing and reserving to the native state
all her rights founded on natural allie
glance. In short, no act of parliament
is to be construed as doing, or intend
ing to do, what the fundamental prlnc',
ples of society, as well as of the British
constitution, concur in pronouncins nv
noss,b|e to be done. The meaning IS.
that as to all matters merely between
the naturalizing state and the nalural!zet
foreigner, nc shall be deemed na'ura!
born subject; but in cases Of collision
concerning his allegiance, between the
native ard the adopted state, the rleh'
of the former is to remain unimPalrcd
Int, preted with this qualific alton. the
British doctrines ale consistent VIII
themselves, and consistent WIN u'V
rights of foreign nations, and with the
universal law on this subject. As Grea'
Britain denies to every foreign natlcr
the power of discharging B. 't'sh born
subiec, from his natural alieg lance, Sc
every foreign nation denies to England
the power of discharging its subjects
foam their natural alleeIa
In times of general peace, II one ma
ton receives the emigrants from ano'
,her. and bestcws on them the privileges
Of native subjects, such adoption may
he presumed to be made by taclt con
sent. and therefore furnishes no cause OF
complain, yet it may be doubted who
ther such naturalization, though Lawful
is not qualified in its operation BY the
principle Just stated. But when som
nations are at war and another at peace
Cav the neutral nation to receive, harbo',