New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-26

the country from which he came Ihlslsthe doctrine
as LAID down b. the United states Courts and
II has been decided that Spanish mCrcaa0t, VINO
came 70 the United states and cootnUei 20 reside
here and carry on trade ate the breaking out OF
war bet1een SPAN and Grsa' Britain IS 20 oe cor
siderec n American merchant although the trade
could he lawfully carried on by a Spanish snfect
only. But the necessity OF any presumption IN Mr..
Trashers is entre " removed II. IN TACT ne dc-
tnally took out letters Of domcihatl0n IN order 10
er able him 10 transact business such asa spanish
subest or o0mlcIllated freeman can alone trans
act and actually swOre allegiance to the spanish
Crown. For the purpose OF showing the inooe Oy
which foreigners are domiclled III the island OF
Cuba, and the duties thereby imposed upon then'
and also by what MT ans they obtain me ultimate
rsht OF naturalization, have thought It wors "fue
t. quote at length translation OF the Royal Decree
Of Jan. l.. 1915, and also the Royal Cc0nnanon De-
cree Of Oct 81 1877. 1t is understood that no chance
has been made In the requirements OF the spanish
law Of comcl and naturalIZ alton since tnat period
IAN foreigners belonging to powers ana countries tAa'
are fendly 70 me who may Tlsh 20 e:,aoisn ~ 60
produce sutab evidence before the Goyermeht0
SAID Island thai they profess the Roman Cahqnc re sp
and without ihs indispensable Quahca'l-n, they VII not
ne allowed to become o0miclled there but ny Vassais
IN these Mons and those nhabltmg the ladies' need
not be compel ed certify 70 this effect, nasmuch as IN
regard t.m there can BE- DO doubt upon this point
Those fore gnsTs who shall be a. United coniormapy 10
the provisions Of the foregoing article shall take the oah
Of ale glance yassaase before the oyernoF by when
thew snail promise to obey the general laws and ordinances
Of the Indies. TO which all Spaniards are amenabie
Athe expiration Of the first five years Of ssdence IN
the Island the part OF foreign colonlsts and on the
they shall be allowed ali the rights and privileges OF au-
Iazatos, equally With such children as theF may nave
brought with them who may have been born to them IN
the AFORESAID leland III order that ne same may e9ase
quenty be allowed to hold honorable oces oon CYL ana
military, ACCORDING 70 The talents OF eech individual
The decree also provides that foreigner may re-
side Cuba for the period Of three months without letters
ef COmci bat that on his remaining there without sucn
letters, beyond the time specified. he becomes g1y Oi
dsoedience the laws and amenabe to such as pun
shuert as after close examination Of the cause may De
imposed on HIM"
tpon the same SUBJECT and in cOrroooraiion Of
the above, the royal colonza ion decree OF OCTOBER
That letters Of domicil shall he issued to a1y So
Tegn colonist PROCESSES the Roman Ca hole religion
and takes the oath Of allegiance, by means Of which,
during five years Of Tosos nee, shall be optional with
him cuheT TO return hs old ~ 10 present
himself before tho superior magistrate at the expiration
iuralization papers, which VIII be granted to hun With
out great formally m order that o. beng thns ma
tuTslZnd he may ENJOY all the rghs ana WiT eses a-
ertanns 70 Spanards, as vel as his sons and legitimate
On the 6,h OF March, 1915 the Governor eneral,
in view of the aforementioned royal decree OF Oc-
tobeI 81, 1871 issued the following BancO Real, IN
Nhlchit is provided that
gard the profession of Catholic faith the fact snail be
noted down IN the letters Of domci which viii then he
issued probation tor the term Il two years IT, at he
expiration OF hOe years the ohcant cannot produce
satisfactory evidence OF his processing sacred religion.
the letter of domc shall be taken away from him and he
viii then be considered IN the light OF merely ansIent
foreigner ard such be compeledto leave ths island NJ
the expiration of three months IN pursuance oil the 2otn
article OF the roya decree
But, independently of a residence with intention
TO continue such residence independently OF any
domlclatOn independently OF the taking OF any
oath Of allegiance or Of renouncng any formal al
legiance, it is well known that by the public law an
alien, a stranger born, for so long a time a. ne
continues within the dOminions OF foreign gov
eminent, owes obedience 10 the laws OF that gov
eminent, and may be punished for treason, or other
crimes, as a native born subject might be, unless his
case rs VARIED by some treaty stpuidN0ns out THIS
Cuty OF obedience to the laws arising from local
and temporary allegiance, ceases the moment he
transfers himself back TO his original country.
An American citizen, by birth, owing OF course
native allegiance to the United States going abroad
and obtaining no residence under foreign govern
ment, and protesting 10 such government no ale
glance, and who should vet commit acts Of hostility
OF against this country. would seem 10 bnng
himself within the act OF Congress which declares
that any person or persons owing allegiance TO the
United States OF America shall levy war against
them or shall adhere 10 their enemies, giving them
aid and comfort, within the United States or else
where, he or they shall be adudged guilty OF treason.
And the reason is plain since his allegiance In such
case IS original and native, and has not been trans
fened, nor lost in any other local allegiance arising
from residence elsewhere, but continues 10 De the
primitive tis which binds him to his country
But, as has been already said, every foreigner
born, residing N country, owes to that country
allegiance and obedience TO It's laws SO long as he
remains in 1t, as 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 as native subjects or cluzens This is
the universal understanding in all civilized States,
and nowhere more established doctrine than III
this county.
ter to Gouvemeur Morris of the 10th Of August,
1893 speaking of the night OF private citizens TO make
with country with which the Government OF
the United States is at peace, says
" If one citizen has night TO 90 60 OF his
authority ctlzen has The II every citizen has
that right then the nation (which is composed Of all rs
czens) has right go 10 war BY the authority Of its ind
,idus citizens But tins is not tue, either The general
principles of society by our Constitution. which gives
Udually Then ,he first position was not true aud no
citizen has sht 10 TO Of his authority; and
kn n rtpht I.t mob Ia I'D
Indeed nothing can be obviously absurd than TO
that all The citizens may be at war aud yet the nation at
1t has heen pretended. indeed, that the cement OF
Of the character citizen and transfer Of jurisdiction
nee In dyes themselves of tia; charac,e, bv eusrson
and other acts manfestng their intention, and may then
whatever The subjects Of that Power NAV DO Bot the
lawsuo uol admit that lie bare commission of crime
amounts II itself 10 auiyestmeI az the cha atsr OF
zen, and wnhdiaws the crninal from Their coercion
They would prescribe iega. the legal
modes by which ctzen might disan hse hmSe4f; nor
render treason for instance, innocent, by giving the
force Of dissolution Il the OBLIGATION OF the cnmlaa TO
his courtn >"
This Is IN accordance with She opinion of the
Circuit Court 0, the United States for Pennsy
by which 1t was stated IN 1898 that
II citizen Of the United States may take part in
SIDE. they may iabe part Tue other aud thus thou
sands flo citizens associate themselves with
whom have hostility, but destroying each other.
such case, cap We expect peace among their friends
Who stay behind And vii NOT civil war. with all iss
ian catalle Of e1Ils, be the natural effect '
Our citizens who resort h. countries where tnc
ul@l by Jury Is not known, and who may there be
charged win CRIME, frequently imagine wnen the
laws al those countries administered n the forms
customary therein, thar theyare epTived OF rlghst
which they ale entitled, and therefore NAV expect
the interference OF their oNn government Blt L
must be remembered, an all such cases. that tAev
have OF their own free viii selected residence out
.. their native land. and preferred 20 i've else
whtIt and under another government. a!il ~
country III which different laws prevail.
They have chosen to settle themselves m a coun-
uy Where jury ulalS are not known where repre-
sentative government Goes not exist where the
privilege OF he VIII Of bGbeGs corpus IS unheard of
ana where judicial pIoct edingS IN criminal cases
are brlef and sun mary. Having made ihis elecuOn
they must necessarily abide It's consequences. No
mSn can carry the Hgls of his national American
liberty INTO toTeign country. and expect hOc II
up Ton bus tXenn,lOn from The dominion and an hor