Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1814-02-09
10 the Editor efthe Demoe,a ,.;s Press

Naish, under has own proper name, which, |
'moag other objects THAI it had in view, WAS |
made the medium of his unqualified contempt
or the affairs Of his own country. A book OF |
very diliere stamp has fallen into my hands,
upon which must also trouble you with few
observations. 1t is u small octave pamphlet of
anou, oO pages, entitled A Treatise upon Ex-
patriation." The authors name does not an
pear, but understand that it is Mr. George
Hay, OF Virginia. 1t is evidently written by a
man who thinks, writes and feels as an honest
and enlightened citizen of the American repub
iic ought To think, write and feel. IL will, I
lear, be almost unjust to the author to attempt
TO speak OF this most excellent production in
the way in which alone it is now permitted me-
Tor, to display all its merit, would occupy more
OF your columns than dare claim. Yet can.
not withhold some expression of the high So
tisiation which has been afforded me by his
learned, luminous, aud patriotic researches
'nd shall render an acceptable service to the
communit, II, by brief notice of it, contri.
butte IN any degree to its being more generally
read
IL processes to maintain the right of expatri.
alton, which it places upon the broad founda.
tons OF history, humanity and law. With en-
tensise learning happily condensed; with de
auctions flowing from the very structure of
human society; usdct the most revered au-
records of all time in his enumeration; and in
didactic style which renders altogether per
spicuous the profound elaboration of his sub.
Ject, he has ploded and probed ali the doctrines
that have any appropriate bearing upon the
discussion With much candor rs learning
aud not less of urbanity than force, he has stated
IN their best lights the positions which me con-
troverts; and, in controverting them, has dis
played an anxiety for truth alone, while at the
nd 49,,
allegiance to the institutions and government
OF his own country. His whole argument is
put together with the most logical rigor, and
isboriously refined into simplicity The learn.
ed youth OF the country may advantageouslv
read 1T; and yet it may be said, without hesita
ton, that the veteran in jurisprudence will re-
cognise III 1T the pen OF brother veteran, who
can weld the greatest subjects in this science,
ana VINO, snppressing all needless os,entation
OF knowledge, shows by his abstinence, not less
than his abundance, the solid treasures of his
well stored mind. Speaking from the limited
range oil my own recollections, do not know
OF any treatise upon government, or of any
book upon law, general or municipal, in which
TINS important question ofexpatriation has been
unfolded with any thing like the enlargement,
system and accuracy that stamp almost every
page of this pamphlet. I know not, indeed,
that 1t has ever before been the subject of any
exclusive or full treatise Though finding a
place IN the writings of numerous iurists, it
has, Tor the most part, been incidentally touch
ed, or broadly stated, rather than copiously il.
.yes'igated, under the guidance of first princi.
pies, or impartially scrutinized by the test Of
universal practice; and look falsely at the
merits and probable effects OF this opportune
and mastery work, it its app arance does not
marx an era IN the American opinion, relative to
the doctrine it seeks to maintain. The appear.
ance OF the pamphlet called Common Sense"
at the period of orr glorious revolution did not
more conclusively show the necessity of the
shaking Oft our dependence upon Great Britain,
than that of the present one does the necessity
OF shaking from our minds principle in law
which English lawyers and Eng ish law books
have still SO iong kept rivetted upon them -
Blackstone, as is we ! kOwn, asserts, in few
81 ntences of his commentaries, the doctrine of
perpetual allegl ance. The general accuracy, |
and deserved fame, of this great work. have
occasl onea the most of the doctrines which it |
LAYS down to be acqusced IL with the reverence
once due 10 oracular truth. Back stone asserts
and therefore 1T is consider,d that it must
be So
The Engl ST. give TO themselves no further
examination CT the matter, unless it mercy be |
to say that Lord Hale supports Blackstone
and full one>h half Of his American readers set
down It's denial 10 the mere score of heretical
rerverseness or unlettc red ignorance. Nay,
the ve9 English military projects now in G.
NADIA, their generals, their adult nts have
turned jursts. and cannot issue a military ora
der, either before or after the imprisonment OF
our citizens in their dungeon, without wisely
declaring that since The annals OF civilized
mankind, Vt h been taken as part ST univer-
sal, unchsngins law, that no man can d,vest
himself % lis all glance to The land of his natl.
witty; but IS forever bound, with life and limb, I
sword and bucller, to render to the iiege lord
OF the soil where he happened first to breathe, |
suit and service and earthly honor. The AmeA
rican pamphlet, oil which am speaking, pro.
ceeds TO show, by the clearesl demonstrations
OF historical, ethical, and jurisprudentlal cru
dition that tis is not, never has been, nor ever
can be the law OF society, without violation of
some OF its fundamental principles. 1t shows
that the attempt adopt it AS a municipal re
guiation, by one OF two modem states, has
been full OF embarrass meht that even the CON-
mon Jaw OF England, into Which he goes with
the t;.mili%rity OF master, and into the SOURCES
OF which, upon this single point, he penetratcs
w.i greatly more depth than the leaned and
tctsgt commentator IN question--that even
e. law upon this point presents its anomalies,
1t uncertainties, ITS cru tiles, its contradicti.
on. On the other hand, the opinions O. the
most venerable ges O. an'iq 'ity, the general
practice OF mankind and tho written authority
o. ne.ry every emnt Mt pu hclste Of mod rn
Europe, are brought into view to illustrate ID
confirm the sacred rights " Inch have ever bsl
held 10 spread he panoply of pro ecim, ove
the fairly adopted ciuzen he more tins
most excellent little book is circulated throun hA
out the United Stat, s The better. For the only
copy Of it have seen am indebted to tire
kindness of an Old friend, at the CITY Of Wash.
jngton, who has obgInsiy remembered me 10
my reti ement. BY those who have MOI herea
tofore held the doctrine 1t incuc4tes it sliou 4
be attentiv | read, inthe same spirit Of librrsi
and sober investigation in which II - written
and " it produce 10 change OF opinion should
then be reiui rather than denounced.