The New York herald., 1851-12-26

ater tci0se exam hatlon OF the cause, may be I'm
Upon the same subject, and in corroboTaton Of
the above, the Royal Colonization Decree Of October
Il, 1917, says {" That letters of domicil shall be
issued to any foreign colonist who processes the
Roman Cstholic religion, and takes the oath of
allegiance, by mears Of which, during five years OF
residence II shall be optional with him either to re-
turn to his old country to present himself before
the superior magistrate at the expiration of those
five years, for the purpose Of obtaining his natura-
zation papers, which will be granted to him with
out any great formality, in order that, on being
thus naturaiized, he may enjoy all the rights and
privileges snpsrtainng to Spaniards, as well as ais
sons and legitimate desce udants"
On the 9TH OF March, 1913, the Governor General,
In view OF the above mentioned royal decree OF o.
tober u, 1877 Issued the following Bando Real, in
which 1t is provided that n the absence of the RS
quiste qualifications in regard to the profession OF
Catholic faith the fac. shall be noted down in the
letters OF domic which will then be issued on pro.
patton Tor the term Of two years. If at the expira-
lion OF those two years the applicant cannot pro.
ouce Satisfactory evidence of his pr rofessing our
sacred religion, the letter OF domic shall be taken
away from him, and ne will then be considered in
the light of merely transient foreigner, and, as
SUCH be compelled to leave this island at the ex-
pIation OF three months. ia pursuance of the 25th
article of the royal Decree"
But, Independently Of residence with intention
to continue such residence Independently of any do
mciiation independently Of the taking of any oath
OF ailes aDce, or Of renouncing any formal ale
giah,e, 1t is we'll known that by the public law an
aiien, or stranger born, tor so long time as he
continues within the dom nions ofa forei xn govern
NEXT, owes obedience to the laws Of that govern
ment, az may be punished for treason, or other
crimes, ai q native born subject might be, unless
his case is varied by some treaty stipuations but
TINS duty OF obedience to the laws arising from local
ara temporary allegiance, ceases the III ornent hs
transfers himself back to his original country.
An American citizen, by birth, owing of course
a native allegiance to the United states, going
abroad and obtaining no residence under foreign
QOveTnrc 70 n M M
allegiance, and who should yet commit acts of
hostility or war against this country, would seem
to bring himself within the act of Congress which
declares that any person or persons owing
allegiance to the United States of America shai
levy war against them, or shall adhere to their
enemies giving them aid and comfort, within the
United States or elsewhere, he or they shall be ad
judged guilty Of treason And the reason is plain,
since his allegiance in such case is original and
native and has not been transferred d. lost 10 any
other local allegiance, arising from residences else
where, but continues to be the primitive tie
which binds him to his country,
But, as has been already said, every foreigner
bern, residing in country, owes to that country
allegiance and obedience to its laws so long as he
remains in 1t, as a duty imposed upon hin by the
mere fact Of is residence, and the temporary pro-
tection Shich he enjoys, and is as much bound to
obey its laws as native subjects citizens This is
the universal understanding in all civilized States
and nowhere moro established doctrine than in
this country.
Mr. Jefferson, when Secretary of State, in his
letter to Gouverreur Morris. Of che l6th of August
l193, speaking Of the right Of private citizens to
make war with country with which the govern
nent Of the United States is at peace, says -
IL one citizen has right to go to Of hi,
thoiity every citizen has the IL every citizen
has h.t right, then the nation (Which is composed
all its cize ~ has right to go by the authority
OF its indiv dual citizens but this is not either
the general principles Of society By constitution
the citizens individually Then the frs. position was
not tue and citizen has right to 90 OF his
own authority and for What he does without right he
ought to be punished. Indeed, nothing be more
obviously absurd than to say that all the ctlz may
te at var and yet the nation ct peace
IL hAs teen pretended indeed. that the engagement
OF citsen in enterprise OF this nature dves
me mt Of the character Of citizen aud transfer uis
dicton over him TO another sovereign Our citizens
certainly free to dvest themsevesf that character
emigration and other acts msnsting their intention,
and nay then become the subjects Of another power
do but the laws do not admit that the bare commsso
Of crime amounts OF itself TO . Investment OF tbs
their coercion They would never prescribe sn illegal
act among legal modes by which citizen might dis
franchise himself nor render treason for Instance in
nocent by giving the force OF dissolution OF the ob
gstion Of the criminal to his country.
This Is in accordance with the opinion Of the Cir
cult Court Of the United states for Pennsylvania,
BY which 1t Was stated, in 1893, that IL one citi
len OF the United States may take part IN the
present war, ten thousand may. IL they may take
part on one side, lbey may take part on the other;
ard thus Thousands Of our fellow citizens may as
destroying net only those with whom We have no
hostility, but destroying each other. la such
case, can We expect peace among their friends who
stay behirdl And will not civil war, with all its
ls smentabie train Of evils be the natural effect r.
Our citizens who resort 10 countries where the
trial by jury 10 not known, and who may there be
charged with crime, frequently Imagine, when the
laws OF those countries are administered In the
oi ms customary therein, that they are deprived Of
rights to which they entitled, and therefore
may expect the interference Of their own govern.
meHt. But IL must be remembered, In al such
cases, that they nave Of their free will elected
residence out OF their native land, and preferred
to 1.-Two elsewhere and under another government,
and in n country in which different laws prevail.
They have chosen to settle themselves In a
country where jury trials are not known; where
representative government does not exist where
the privilege Of the writ Of habe1s corpus is unhsard
catei are brief and summary. Having made this
election, they must necessarily abide its conse-
qusnces. NO man can carry the esis Of his
nstional American liberty into a foreign country,
and expect to hold II up for his exetn ption from
the dominion aud authority Of the laws, and the
sovereign power Of that country, unless he be
authorized so to do by virtue Of treaty stpulatons
The definition Of crimes, the announcement Of
penalties for their commission, and the forms Of
proceeding by which guilt is to be sscertaned,
bigh preiogatives of sovereignty, and one nation
dict ate them to another without being liable
10 the same dictasion herself
behalf the 9th sr;le Of the treaty Of lbs, which
declares that IN all Of efences committed By
any citizen or subject of the one party within the
jurisdiction Of the other, the same shall be prose-
cuted by order and authority Of law only, and ae-
cordng TO the regula Of proceeding In such
cases. They shall also be allowed to employ such
8 iveeatts as they may Judge proper before the tri
bunal OF the other party, who shall have free access
to be present at the proceedings in such
at the taking Of oil examinations and evidence
which may be exhibited in the said trials.
AS the public law, however, does in no case i'm
part to foreigners residing in any country privileges
which are Genied TO its own citizens or suhjeJts
except perhaps that Of leaving the country, 1t may
be thought doubtful whether, By the article Of the
treaty referred to, the parties could have contem.
ated any more than to place citizens of theU uited
states wiiha Spanish Jurisdiction on an equality
with Spanish subjects, and Spanish subjects in the
United states on an equality with our own citizens.
in criminal proceedings. A citizen Of spain in
this country might complain, perhaps, OF trial
hv hnre- hcr,u ~ ha stfnpazod partfalites