Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-10-25
ON NATIONAL ALLEGIANCE"
TO ns Editor oftle Democratic Pres.


have observed that there has late been re-
published in some Of aur ewspapers zee from
the Lnndo Courier which is full of anger at Mr..
Madison Tor aIiempti tn change what u prpnoun-
ces, with M amazing confidence, the public law OF
Europe. That native horn citizen or subject ot u
country cannot shake off his allegiance this piece
from the Courier takes 10 be indisputabe part
of that public law aud by way of placing tue thing
beyond AL cavii in the doubt OF readers IN
all quarters of the globe, il quotes apasssgc from
Blackstone's commentaries upon the laws oil Eng
land. Judge Bla ksonc, il seems, Tor the quota
ton frors MS true enorIh, says IT IS part OF
universal law that n subject can, by ary pos
sihe act, shNke off the natural allegiance which he
owes TO the country Of his birth.
INV this piece from the Courier is written in
Tery confident say puerile tone from beginning
10 end, bearing the marks Of having come from tue
pea of some yer, -natured as we'll ~ uniformed
II ngishman. Still it not be ainiss 10 foil its
doctrine with a short American commentary.
So far is il from beng part OF universal law
that citizen cannot throw off natural allegiance,
as the English term it, that if this writer would
read other books than Blackstone he would find
Universal law TO be the other way
PuIFendorf holds that such allegiance may be sa-
ken off.
Grous holds thatit may.
Fattel holds that it may.
Byukershoek holds that il may, and SAYS Il is
point agreed BY all writer's upon public law"
The Justnian code viii show tist the Romans
ailoWlt. Cicero celebrates IT as noble right.
POtter's Antiquities, and the Grcclan historians.
viii show thatit was allowed in Greece.
quote without the bo1ks at hand To give he pa
ses, but rely upon the knowledge OF any jurist for
the correctness of the references, to which more
might be added OF the stamp.
The wisest and trucst of all books auctions the
doctrine /; the Bible shown ia the coud ct of
the family OF the patriarch Jacob, in the conduct of
the prophet Moses, aud Ia that of David, all of
whom shook OF what Blackstone. or any other Eng
fish lawyer, would have called the immovcabc
yoke OF their natural allegiance, and went to dwell
~ other countries. where they contracted new al
leSance, aud whence it never 81 or ma, in ed
they could be reclaimed ~. demanded again (much
less Impressed by the country Of their birth.
Much has been said lately l observe of Bona
parties having hung Frenchman taken in arms
against France, in Spain. What ediet the French
do not correctly know 1t is certain that the
cient law of France fell in with the universal law
upon this point aud never attempted TO restrain
patrTation. Louis the 4tII frs tbroke in upon
the time he revoked the e'lict OF Nantz with view,
no doubt, to help ch ok the emigration FROM his
Kingdom wh'ch this finished piece OF Bourbon cru
city was likely to occasion. But even If Bcnapsrte
has Sc lied the point for France, as Judge Black
stone would have It, it proves nothing more than
that ii is at present established in France as uu-
nicpal regulation, which does not it is to he hoped,
change the universal law. II proves, be sure,
IN addition. striking saneness between the edirts
OF Bonaparte and The English laws upon tins I'M
portant rcirt touching personal liberty.
The piece ~ the Courier asks who is Mr. Madison,
or what is America, that the public law of Europe
IS to bend al their fat. We IN return ask who is
Judge blackstone, or what is BTi ain, that either
the the other is to prescribe the rule of pub
lac law for Europe or America Very learned sir
WIham Blacksione is, no doubt aud in much es-
teen ia England, and here too, among our prOfes
sors OF the CO Emou mu .iCipal law. Bat Why
should he upon point SD important BIZ held up rs Tie
arbter Of the public law OF Europe, any mo c than
SIR Fletcher Norton, sir Weary Gibbs, Mr. HM-
grave, or any oiher English lawyer however emil
nent. Open Blackstone and see who are his au-
tIeriues You viii find he refers to sir Edward
Coke, 10 cir Matthew Hale, aud some English re-
porters. Open them again and you viii 6nd there
the matter stops they adduce no writers upon
general law 10 support their position aud thus it
is the EGgsh lawyers have it all among themseVes !;
one quotes 1ther until they grow INTO belief that
the feu,lRl nations OF their Saxon aud Norman an-
cestors, who were but very few degrees more VIZ
lied than oar Indians, lay the Uod0uhted foundations
of the pubic law OF all Europe and this continent iI-
to the blrg in.
But do not mean to write dissertation to show
the well established right of cXpatTalion eondIdered
as part ofuniversa law. True, the arbitrary 40.
MUS OF some governments has occasionally innOva-
ted upon this noble right, Cicero calls 10y pecu.
liar local laws OF thor own. But taken rs part OF
universal law, IL has long been TOO well settled by
all the first writers ofanVent aud modern Europe,
well by the practice OF ~ nations, be alter.
cd by dge Blackstone. None hut English law
yers thOsesyho derive their law through English
law Books on'y, doubt if. As l3ynkershock says,
" aH'' writer's upon public l'w agree that n IS
fought To be mentioned, IN cOnciusi1I, that some
expOunders OF the English dostTlue of maritime eOu-
seiIptiOn rImpTcssmeDt il is most usually called
IN New England, agree in opinion with Judge
Blackstone and the English lawyers.
JOHN DICKINSON,
Phihadsibhia Cotlty, Oct IL, 1913.
90