The native American., 1838-12-01
EXPATRIATION.

Our neighbors of the Intelligencer have not
condescended to explain to us what they mean
by the right Of Expatriaton. Yet we think, that
having themselves broached the subject, they
might have gone one step further, and said whe-
ther they spoke Of legal right sanctioned by the
courts, or political right countenanced by States
men. However, as we deem the matter of great
importance to the citizen we refer our readers to
the very able, plain, and clear remarks of Chan
cellor Kent, of New York, on that subject, which
will be found in the second volume of his COM
mentaries. We might rest the question Of legal
right there, did we not deem the other question
the political right-a subject of primary i'm
portance. Impolitic as it may seem 10 moot
such question, we do not hesitate to do it. This
is emphatically Government of laws. No part
of it should rest on the will of any one man, or
any body Of men, except when that will is fairly
expressed by constitutional means We hold the
law to be that no man can erpafridfe himself
without the assent of the governing power in the
State; and in this country, that assent should be
distinctly given with its just, proper and fitting
limitations. We know that Cicero states it to
have been the boast Of the Roman citizen, enc
quis invitus ciuitate nutetur; neue in ciuifafen
maneat invitus. He suat enins Fundamental
frniss;ma nostre ibertatis, SUI quen,que juris,
ct retine,d;, ct den,ittendi esse aoanuns." "That
no man should be compelled to change his allegi-
ance, or unwillingly to remain a subject OF the
State. For these are the most firmly established
principles of our liberty, that every one should be
master Of the right Of continuing or dissolving his
allegiance But Rome in her palmiest days
knew not 1.-THE Of the regulated liberty we en-
;oy. Rome administered thousand laws no
where registered for the use of the people. Rome
proaned under thousand grievances that would
not be tolerated day by this people. Rome is
in few, very few things, an example for us.
Our rights-especially right of such vast i'm
nortauce as .his-should not be allowed to depend
month on the possible contingency of political
protection, but should be clearly defined by a
written law What are we to do? We desire to
90 to Texas-to become citizen of that Repub-
lie, and to cast off our allegiance to this-to De-
come alien to the land Of our birth-to surrender
all our political rights. We do so-Texas goes to
war with this country-we are found fighting IN
her ranks. What is our condition! But Texas
remains at peace-some ancestor OF ours dies
we are his heirs-we would assert our claim to
his estate. What are we to do? or, after having
tried that country, we would return to this-How
is this to be done! We know that it is favorie
speculation Of philosophers, and of some sound
and practical Statesmen, than no man shall be re-
strained in the choice of his government. That
the contrary doctrine leads to the severest tyranny,
and is but a modification Of slavery. While we
do not mean to controvert all this, we doubt the
justness of the principle We maintain that every
member Of every political community is bound
from his birth up to adhere to that community un-
til the bond is severed by mutual consent. He
receives protection, he is bound to yield support.
He cannot be cast off except by the operation of
some law to which he has given his assent He
ought not to be allowed to cast off his duty to the
community without an equally clear assent on the
part OF the community. Now, in government
Of laws, in government where the laws emanate
from the people, this reciprocal obligation is one
of the highest nature. 1t is the bond Of u'aion
1t is that which keeps men at peace with each
other, and teaches them the necessity Of laws.
Shall every man have it in his power at all times
and under all circumstances, when dangers threat
en- the community, when war is ravaging their fair
fields, and the widow and the orphan are crying
out FIR succor!-when the temple Of Liberty is
shattered, and the fire on her altars is almost ex
sinct.-cr when he is holding an Office of great
trust, and in his hands rest the peace. and COM
fort, and safety Of thousands!--or when his hands
are red with the blood Of slaughtered victim, or
he hies for his life murderer and parrcide!
shall he then seek the hospitality Of another coun-
try, or herd with brgands, or band himself with
the enemy, If not under these circumstances
we ask, when may he exercise this rights What
law--it will not do for courts to make the law IN
this country-what law has defined the limit to
the right! II there be no defined limit, why can
he not do it in all these cases! And yet every
man is shocked by the supposition that he could
thus escape tho penalty Of his offences, and cries