The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-01-02

may enjoy all the rights and privileges apperaiDn a
ans" ue'esnu-
Ga the 9Th Of March, 1915. the governor general in
view OF the aforementioned royal decree oi OciobeT On
ei Issued The following Bando Real in which il a nTo
aeu mat m the absence Of the requisite quafeal,ons
be noaS 70 NE profession Of Catholic iah Inc fact shall
~ noed down ~ the letters OF domicil which will then
~ issued on probation Tor the term of two wears n ),
nrode % OF those two years. the applicant cannot
pee satisfactory evidence of his protesting al, 5000
sngoh me letter OF domicil shall be taL aS s
him, anu ne VIII Then be considered in The loht ~ 1870
his snJ a. NV anu as such, be compelled 10 leave
ahee OF me 18Th article OF the royal decree " psu
pul independently OF residence with intention IN con
lihue sueh fesidenee-indepeadentl OF any IomiciG
lon-ndependenly oil the taking Of any oath ali LIS,
anee or OF fenouncing any formal alleg lance il IL &
know that by the public law an alien or strange t
TOT so long Tine as ne continues within the domnion
OF foreign government owes obedience 10 The Ia,1 S
mar government and may be punished for treason ~
other crimes as natiyeborn subject ght be- unass bi
case ~ varied by treaty spuations bnt M 5 '
OF obedience to The laws, arising from oca and teop
~ allegiance ceases the moment he transfers himsai,
PACK 10 ms original country
An American citizen by birth, owing OF course nava
allegiance 10 The United States, going abroad and oba
ing no residence under foreign government and proess
ing TO such government no allegiance. and who sbonia
YET commit acts OF hostility against This eon,rS
would seem TO bring himself within the act al Con-
gess winch declares that any person or persons owing
against them shall adhere TO their enemies aying
them aid and comfort within the United States or else
where, he they shall be adjudged guilty of treason
And the reason is plain since his allegiance In such !
case is original and naive. and has been transferred
nor lost in any other local allegiance. arising from resi-
dence elsewhere, but continues to be the primitive lie
which binds him TO his country.
But as has been already said, every foreign born re-
siding IN country owes TO that country allegiance and
obedience to ITS laws so long he remains IT, as duty
imposed upon him by the fact of his residence and
the temporary protection which he enjoys, and is much
bound to obey its laws as native subjects or citizens
nilInyI ALL
anu nowhere more established doctrine than IN this
Mr. Jefferson when Secretary Of State, in his letter to
Gouyerneur Morris oil The 10th Of August i793 speak
ing OF the right Of private citizens make war with
country with which the government OF the United States
IS at peace. says:
one citizen has right go to war OF his own author
lily, every citizen has the same If every citizen has that
right then the nation (Which composed of all its CHI
zens) has right TO goto by the authority OF lis nd
vdual citizens But this is not true, either on the gen.
eral principles OF society or BY constitutions which
gives that power 10 Congress alone, and TO the cit
zens Individually Then the first position was moi true
and citizen has right go war of his own author
ny, and Tor what ne does without right he ought 10 be
punished Indeed nothing can be obviously absurd
than to say that all the citizens may war and yethe
nation at peace.
1T has been pretended indeed that the engagement of
OF citizen IN an enterprise Of this nature was dives
men OF the character OF citizen, and transfer of uris
cton over him 10 another sovereign. Our citizens are
certainly Tree TO dvest themselves OF that character by
emigration, and other acts manifesng their Intention
and may then become the subjects OF another power and
Tree to do whatever the subjects OF that power may do
bu the laws do not admit that the bare commission of
crime amounts OF itself TO adIvestment of the character
OF citizens, and withdraws the criminal from their coer-
con They would prescribe an illegal act among
the legal modes by which citizen might dsfranchise
himself render treason, for instance innocent by
giving It the force oil dissolution of the obligation Of
the criminal to his country"
This is in accordance with the opinion of the circuit
court oil the United States Tor Pennsylvania by which
was stated in 1893 that 'if citizen of the United
States may take part the present ten thousand
If they may take part side, they may take part
the other; and thus thousands of fellow czens
may associate themselves with different begeren DOW
ers, destroying not only those with whom we have no
hostility, but destroying each other In such case. can
we expect peace among their friends who stay behind
evils be the natural effect }"
Our citizens who 10 countries where the trial by
jury Is not known and who may there be charged with
crme frequently imagine, when the laws OF those
tres administered in the forms customary therein that
they are deprived OF rights TO which they entitled and
therefore may expect the interference of their gov
eminent. But il must be remembered, in all such cases.
that they have OF their free will elected residence
out OF their native land and preferred 10 live elsewhere
ana under another government and in country in which
different laws prevail
They have chosen 10 settle themselves in country
where jury trials are not known; where representative
government does not exist where the privilege of the
writ OF habeas corpus is unheard OF and where judicial
proceedings in criminal are brief and summary
Having made this election they must necessarily abide
It's consequences No man can carry the egs oil his
honal American liberty into foreign country and expect
TO hold 1t up Tor his exemption from The dominion and
country, unless he be authorized TO do by virtue of
treaty spuations
The definition OF crimes the announcement, OF penalties
Tor their commission and the forms of proceeding by
which guilt is to be ascerained are high prerogatves Of
sovereignty, and nation dictate them TO
other without being liable To the dictaton herself
The friends OF Mr. Thrasher inerpose in his behalf
the seventh article OF the treaty of 1885, which declares
that IN all OF offences committed by any citizen
subject OF the party within the jurisdiction OF the
Other the same shall be prosecuted by order and aubor
~ oil law only and according to the regular OF pro-
ceedng IN such cases They shall also be allowed 10
employ such advocates they may Judge proper be-
fore the tribunal OF the ether party who shall have free
access 10 be present at the proceedings in such causes
and al the taking of all examinations and evidence which
may be exhibited in the said trials
As the public law, however, does in impart 10
foreigners residing in any country privileges which
denied 10 It's own citizens subjects except, perhaps,
that of leaving the country, may be thought doubtful
whether, by the article OF tho treaty referred to- the par
ties could have contemplated any than place c-
zens OF The United States within Spanish jurisdiction
an equality with Spanish subjects, and Spanish subjects
IN the United States on an equality with ct-
zens, IN criminal proceedings citizen Of Spain in this
country might complain, perhaps, of trial by Jury here
because OF the supposed pariaes and preudices of u
ries while American in Spain complains OF condem-
nation in summary form, by Judges. without the inter-
vention Of jury 10 ascertain his guilt The question
arising the latter clause OF this seventh article OF the
treaty with Spain may not be entirely clear free OF diff
hculty especially when IL is known that the minister
who negotiated this treaty the part OF the United
States appears 10 have attached considerable importance
TO this right OF selecting AMI employing counsel Mr.
Thomas Pnckney, The American negotiator, says, in
lgt 1T Oh hat