The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-12-25


with such children they may have brought with
them or who may have been born TO them IN the
aforesaid island, in order that tho same may con
seouenty be allowed 10 hold honorable offices, both
civil and military, according 70 the talents OF each
The same decree also provides that ''s foreigner
may reside in Cuba for the period OF three months
without letters of domcil," but that on his re-
manning there without such letters, beyond the
time specified, che becomes guilty OF disobedience
10 the laws, and amenable 10 such just punch
Inent as, after close examination OF the cause,
may be imposed on him F"
Upon the same subject, and in corroboration OF
the above, the royal colonization decree OF October
d. 1877 says: THAT letters OF domicll shall be s-
sued 10 any foreign colonist who PROCESSES the Ro
man Catholic reli gion, and takes the oath OF allie
glance, by means of which, during tve years OF
residence, il shall be optional with him either to
return his old country or 10 present himself be-
fore the superior magistrate at the expiration OF
those five years, for the purpose OF Obtaining his
naturalization papers, which VIII be granted 10
him without any great formality, IN order that,
on being thus naturazeds he may ENJOY all the
rights and privileges appertaining 10 Spaniards,
as well as his sons and legitimate descendants"
On the 9th of March, 1918, the Governor Gen
eral, in view OF the above mentioned royal decree
of October 81. 1877, issued the following Bando
Real, in which it is provided that " IN the absence
Of the requisite qualifications IN regard TO the
profession of Catholic faith, the fact shall be
noted down in the letters of domicil, which VIII
then be issued on probation for the term OF two
years. IT. at the expiration Of those two years,
the applicant cannot produce satisfactory evidence
sof his protesting our sacred religion, the letter oil
domicil shall be taken away from aim, and he
will then be considered in the light OF merely a
transient foreigner and, as such, be compelled 10
leave this island at the expiration oil three
months, in pursuance OF the 2oth arucleol the
royal decree"
But independently of residence with intention
to continue such residence; independently OF any
doncilntion; independently OF the taking OF any
oath of allegiance, of renounciDg any formal
allegiance il is well known that by the pubic law
an alien. or stranger horn, for 50 long ume as
ne continues within the commons Oh foreign
government owes obedience 10 the laws OF that
government, and may be punished for treason, or
other crimes, native born subject might be,
unless his is varied by some treaty stipula-
tione but this duty of obedience to the laws arising
from local and temporary allegiance, the
moment he transfers himself back to his original
country.
An American citizen by birth, owing of course
| a native allegiance TO the United States, gong
| abroad and obtaining no residence under foreign
government, and protesting to such government
| no allegiance, and who should yet commit acts OF
hostility or war against this country, would seem
to brr e himself within the act OF Congress, which
declares that il any person or persons OWING allie
glance TO the United States OF America shall levy
war against them, shall adhere to their enemies,
/ giving them aid and comfort, within the United
States or elsewhere, he or they shall be adjudged
! guilty of treason. And the reaeon Is PLAIN, since
! his allegiance in such case is original and ma
tive and has not been transferred nor lost IN any
where, but continues to be the primitive tie which
! binds him to his country
But, as has been already said, every foreigner
born, residing in n country, owes TO that country
allegiance and obedience TO its laws 30 long as he
remains in it, as a duty imposed upon him by the
mere fact of his residence, and the temporary pro-
lection which he enjoys, and Is as much bound to
obey its laws native subjects or citizens. This Is
the universal understanding in all civilized States,
and nowhere more established doctrine than IN
this country.
gf.fo inh Ma lot
ter to Gouverneur Morris, Of the 10th of August,
1893 speaking of the right of private cit zens to
make war with country with which the Govern
ment OF the United States is at peace, says:
Elf one citizen has right to go to war of his own
authority, every citizen has the same. II every
citizen has that right, then the nation (Which Is
composed of all its citizens) has rightto go to
war by the authority of its individual citizens.
But this is not true, either on the general princi
pies of society by our Constitution, which gives
that power 10 Congress alone, and not to the citi
zens individually. Then the first position was not
true; and no citizen has right to go TO war Of MS
own authority; and for what he does without right
he ought to be punished. Indeed, nothing can be
more obviously abaurd than TO say that all the cit
! zens may be at war and yet the nation at peace.
| at has been pretended indeed that the engage
rnent of citizen in enterprise of this nature,
a Investment of the character of citizen, and
transfer of jurisdiction him to another sover-
! eign Our citizens certainly free to divest them
selves of that character by emigration, and other
acts manifesting their intention, and may then be-
come the subjects of another power and free to do
whatever the subjects OF that power may do But
the laws do not admit that the bare commission OF
| crime amounts of itself TO Investment OF the
| character Of citizen, and withdraws the criminal
from their coercion They would never prescribe
illegal act among the legal modes by which
| citizen might disfranchise himself; render
! treason, for instance, innocent by giving it the
force OF dissolution of the obligation Of the GRIM
inal to his country
This is in accordance with the opinion of the cir
cult court Of the United States for Pennsylvania,
by which it was stated, in 1898, that elf one cit
of the United States may take part in the pres
cnt war, ten thousand may. II they may take part
on one side, they may take part on the other; and
thus thousands of fellow citizens may assoc-
ate themselves with different belligcrent powers,
destroying not only those with whom we have
hostility, but destroying each other In such n
case, can we expect peace among their friends
who stay behind? And will not civil war, with
all its amentable train OF evils be the natural ef
fec?''
Our citizens who resort to countries where the
trial by jury ia not known, and who may there be
charged with crime, frequently ina CINE, when the
laws of those countries administered in the
forms customary therein, that they deprived OF
rights TO which they entitled, and therefore
may expect the interference Of their own Govern
ment. But it must be remembered, in all such
cases, that they have of their free will elected
residence out Of their native land, and preferred
TO live elsewhere, and under another government,
and in a country in which different laws prevail
They have chosen to settle themselves in a coun-
try where jury trials not known; where repre-.
sentative government does not exist; where the
privilege OF the writ OF habeGs corpus is unheard of;
and where judicial proceedings In criminal cases
are brief and summary. Having made this cleo.
ton they must necessarily abide its consequences.
No man can carry the egis Of his national Ameri-
can liberty into foreign country, and expect to
hold it up for his exemption from the dominion and
authority of the laws and the sovereign power Of
that country, unless he be authorized TO by yir-
tue of treaty stipulations.
| The definition of crimes, the announcement of
penalties for their commission and the forms Of
proceeding by which guilt is 10 be ascertained
arc high prerogatives OF sovereignty, and one ma
tioR cannot dictate them TO another without being
liable to the dictation herself
The friends of Mr.. Thrasher interpose in his be
hall the seventh article Of the treaty of 1885, which
declares that In all cases of offences committed by
any citizen subject of the one pa ty within the
jurisdiction OF the other, the shall be prose-
cuted by order and authority of law only and
cordipg TO the regular course Of proceeding in ouch
cases. They shall also be allowed to employ such
advocates as they may Judge proper before the tri-
bunal Of the other party, who shall have free &C
cess to be present the proceedings in such
and al the taking OF all examinations and evidence
| which NAV be e bibited in the said trinla