The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-06-04
Politics..
PROTECTION AND ALLEGIANCE.

PROTECTION AND ALLEGIANCE.
II still appears to us that the authorities quoted
by Me Fe.iori Republican, do not apply to the
moat important point IA the case ct ONese, that is,
the duty of the gsverasne8f TO protect a ei.isen,
frsDs svhors if requires allegiance against Guy az
fen,pt to injurc him for doing SOiis tha. alIegi.
which involves the very right of sovereignty OF the
nation requiring the ssrvice inasnuch 1t disputes
its right enforce its laws and protect its
citizens subjects within It's acknowledged jurisd.c
ton.
Can Il be doubted that in similar circumstances
the British government, would protect those subjects
who natsrslsed by the short process oil serving
two years in time ct war on board ct one O. their
ships, either public or private A reference TO the
law which natursli1es them VIII almost preclude .
doubt on the subject. As the privileges and rights
whish foreigners acquire hy scch service ATE often
questioned copy the clause O the statute tor the
infornatiGn Ct our rea1ers.-See statute Is Geo. H.
G.. 5. &c.
/" Por the better encouraging OF 5reign mariners
and seamen 10 come and serve ON board ships be-
longing to the Kingdom ct Great Eritain-be II fur
thor enacted by the authority aforesaid, That
every such foreign mariner or seaman who snail
from and after the first day of January one Thousand
seven hundred and thirty nine, have faithfully serv
ed during the time OF war, on board any os his ma
iestys shipa OF war, any merchant, ether trad
ing ship ships, vessel or vessels, or prisa,sess
(Which at the time OF such service shall belong TO
any OF his Maesy's subjects of Great Brittany for
the space OF TWO YEARS, shall, 20 all iatea:s
and et-o1ses, be deemed and token TO be nitardi
born subject Of MS .laieSty's Kingdoms sf Great
Britain and have and entoy az fhe Prteneses,
ooxreys, riFats and capacities, which such foreign
m mariner or seaman could, should or ought to have
had enoyed, in ease nc has been ndfnrut born saS
gee, of his msissy, and actually natire within the
Kingdom of Grea, Bttain.
The next section provides that persons so natural
ized sha,! no. be capable ef being OF the Prvs Con
cit, member 81 either house OF "arhament, ot
holding any oIiee of trust or prcAs OF receiving a
grant OF Lands fron the kiug
" then. The boosted reciprocity at protection and
allegiance is any thing more than " an empty NO
thing and name !" il the British government are
bound to protect ther native born Subjects; they
ars equally bound protect those who their Laws de-
clare shall have ami enjoy all the privileges pew.
ers, rights and eapsetes OF natural horn subject
of his majesty and actually native within the king
ExpATRIATIoN
As the doctrine of REPATRIATION has oecupisd Hiueh
nf the public attention, copy the following note
from the third vouIne Of Mr. Halls american
F;a,, Journal in which we believe nearly all the
Sccis;oas IN the subject that have taken pses in
ejtir tribunals referred 10. 1t is annexed to "a
chapter in treatss the LKwx OF WAR,
which is inserted in this wOrk-a treaiise OF pecu.
liar Interest at the present period p
lSy the FIRST constitution of Pennsylvanis, made az
the 2sth OF September, 1875, 1t was declared O. l..
amierate from one State TO another that win receive
thern."--I DAlsa's l.. Of p. app. p. 54 Tbs pre-.
sent constitution merely provides art. g. rs
8. that emigration from the state shall not be pvo-
y
The question &c whether it i. Lawful. for citizen
so expsiriate himself" has been brought several
tines, and in various shapes, before she Supreme
Court of the United States. II wsa male point,
incidentally, in the case of Talbot VS.. Jansen In
that ease il appeared TO be the opinion OF the court,
that expatriaon is lawful, provided it IS eifcee'i at
such time in such manner, and under such ciFcCm-
endsngsr the peace ar safety OF the
US "The cause OF removal" said Jadgs Pa
1srso7. &c must be lawful, otherwise the emigrant
Sets contrary his duty, and is Justly charged with
crrae. Can that emigration be legal ana Just,lia
he, which commits OF crdangers the neNrdHty,
peace ar sufety Of the nation OF which the einlSrant
Is member p Da.las's Rep. l53-" That aman,"
said Judge IredeY, ought not TO be slave, that he
lar spot because he happened 60 draw his FIRST
breath upon it; that he should not De compelled to
continue in sosiaty TO which he is accidentally at
tached, when ne can better his situation eisewhere
much less where he must starve in ono corntry, and
may live comfortably in another, are positions
which bold az strongly as any man, and they are
such most nations OF the world appear clearly 10
recognize. The only differences OF opinion is as to
the proper manner OF exercising this right, i6Id.
IGS Judge Caskiry cOneurTed in the general Prin-
cipIs, Slss repatriation is lawful End approved of
the ostrihe laid down this subject by Heineceius,
Elem. Szr Nat. ct Gent 1. 2. C. 10. " But" said
he. the act Of expatriation should be bona tide,
and manifested at least BY the emgrants actual re-
Iaoyal, with his family and effects, int another
county" lid l69.
In the case of .l7urydy vs. The Charming Bet
sey, it was de eided that citizen OF the unitsd
States who has bona fde expatrated himself, is 20
be consideret alien for commercial PRTPo-
ses. One Mauuck, pstsral born citizen OF the u
States had for many years, resided with hs family
end had been naturaiized in the DantSS island OF
ST. Thomas. 1t objected 70 him, that he had
traded from that Island with the French cofentes,
In fraud of act of Congress, by which all trsde
nterdeted to the citizens OF the United States,
with tie doninious Of France. Bot, the court were
of opinion, (" that American citizen may acquire
in foreign country, tho commercial privileges at
tached &c his donieie, and be exenptea from the
Operation of the general prohlbitory laws OF bs la
tive country" The court did nat, however, deter
mine, whether esGzeu OF the United States can
dcycst himself absolutely OF that character, other
wise sIan in soo., manner as may be prescribed by
or 0scs k1ys, nor whether his eZpatriation would
be sufiicisnt 10 rescue him from punishment, Tor a
crime eoiaTnittcd against the Unitea states. 3
CrsHeh, TO.
And tasty, in the case or ,f'Hvaine VS.. Coes's
lessee, ii Vac determined fAata citizen oil NeW-Jer-
sey, who hs'i gene sser TO the enemy during tine
revolutionary var, and had, sipee tias time, re-.
NAMED ia EGs'a,d, enjoying tic pFyi'eHes .; a
Britfsh. subject, lad rot ceased 70 DC eiuZtn O.
New-Jersey, and was emitted g slA'm lands ~ des-
cent IN that state, because several fz99 hsG been
Idade by its Legislature, some before amd oihers
After his emigration, by which emigraois 9 tha'des-
eruption, we're declared to befagitiSs Citizen and
ryGitors punishable rs such, but we're MOI consider
ed as aiiens.-- Craneh, vol. II. p @so. FOL. ~ i.
$50.
From, The Londes StateSnas.
LeEDoE. March &c.