New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-06-01
TUESDAY MORNING. JUNE l. 1876
Y7GLL'S CASE.

in future. Another indignity has been offere
-. Gonzales Vigil, a native of the Island {
Cuba, 'swho has resided in the city of Ne
Orleans since 1887 and has awaited himself
the immunities and privileges of the naturalizs
tion laws of the United States, has been cite
BY the Spanish Consul in this city to appea
and answer certain accusations against him i
Cuba.
We would carefully abstain from whateve
might tend to disturb the friendly spirit which
has been ascribed to the Spanish Monarchy
II, instead of being utterly barren and un
productive, it had occasionally been visible
in some practical result, in some concession
either to friendship or justice. 1t would no
have been very surprising, nor very culpable
perhaps, if we had wholly forgotten to address
ourselves to spirit of Cancellation, which hat
met the most equitable claims with steady anC
unceasing repulsion which had yielded nothing
that could be denied, and had answered com
plants by multiplying their causes. We hav'
acted upon the presumption that the disposition
TO conciliate, so often protested, would finally
be proved by some better evidence than a per-
severance in offensive novelties, as obviously in
compatible with the disposition of those who
enforce them, as those in whose patience they
continue to be exercised
But can the Governor of Cuba, of his own
mere will, and without any authority from
the constitution or the legislative power of the
nation, issue an order for the arrest of any
person whatever If he can do this, then is the
liberty Of epery citizen, native as we'll as for
eign, at his arbitrary disposal. Does not the
bare statement, however, of this point, carry
along with it an argument so unanswerable
that nothing further need be said upon it:
It follows, therefore, that when it becomes
necessary, in the performance of national
duty or obligation towards a foreign power, to
interfere with individuals, it can be done only
through laws emanating from the sovereign
authority of the State where they reside or
happen to be. For, as the obedience of indi-
viduals is due only to these, SO are they, at the
same time, under their protection, and can on1y
be reached through them.
We have laid it down, as a maxim, in our
laws and foreign policy, that protection is due
on the ocean to naturalized foreigners, against
their original Governments, to the same ex-
tent as our native citizens, and this we have
repeatedly and in various forms promised We
hold out to the subjects of every power, to the
people Of all nations, promise of protection
on the ocean as well as on the land, provided
they would conform to our laws of naturali-
zation. Such were the views entertained bv
our distinguished statesmen, when Great Brit
ain claimed the services of its subjects, and the
power Of impressment and the additional right
OF visitation n nd NJ
But whatever may be the form or the princi-
PIE Of Government, it is an axiom of public law,
among sovereign and Independent States, that
every nation is bound to use and enjoy its own
right, SO as not to injure annihiate the rights
OF any other nation. Say then, that the ligi- |
ment Ut allegiance cannot be severed or relaxed |
as respects the sovereign and the subject; and |
say, that the sovereign is entitled at all times
to demand or arrest the person; still there is |
nothing gained in support of the Spanish crown |
unless it also be said that the sovereign power
OF Spain has right to seek, and seize his SUBJ |
ject, while actually in the dominion, or under |
the special protection Of another sovereign State
The Cuban authorities must base their pro- |
ceedings on perpetual allegiance-that the allie
glance claimed is not only co-extensive with the
territorial limits of the natural sovereign but
also goes acih the subject into the territories
and under the territorial potcer of erery other
sovereign under tchose Jurisdiction be made
reside.
The claims of perpetual allegiance denies the
right of repatriation. The right of expatria-
ton is antecedent to our reference to the law Of
society 1t is implied, likewise, in the nature
and object of the social compact, which was
formed to shield the weakness, and to supply
the wants of individuals.
But the abstract right of individuals to with
draw from society, of which they are members,
Is recognized by uncommon concurrence of
opinion; by every writer, ancient or modern;
by the civilian, as well as by the common
lawyer; by the philosopher, as we'll as the poet.
The right of expatriation or emigration be-
longs to man 1t is derived from the God of
Nature. He holds it not of government. 1t is |
The natural right.
To owe allegiance to Government under |
which We neither do, nor intend to reside, is as
ABSURD as not to owe allegiance to a Govern
ment under which we do reside. The absurdity
81 the one proposition will not be denied, and
-.S@0 40 ~ uiscoVerdDle u1Hefence IN the eye OF
reason between them.
10 speak, then, Of expatriation. The right of
expatriation, which is broadly and generally
Amrmed on the one hand, is on the other, re-
outted in equal extent by the claim of perpetual
Aneglance These may be assumed to be equiv
Aient questions The affirmation of the one is
The negation of the other. =
10 decide this question, we may call in the n
Aid and authority of writer's of character and c
reputation, and, with these lights, seek our con.
Viualon In this view we are able to discover
ous Two principles or pretences on which the
du.y Oh perpetual allegiance is affirmed or the n
fignt Oh repatriation denied. These arc tho r.
necessities Of the State, and the gratitude of tho
subject These are the only grounds stated NV c.
vattel' to whom we shall refer as our anthon
ity for portions of natural and national ,a,r A.
more especially as on the points for which wv N
shall use him, we believe, he agrees with an i(
other writer's. "ii
Every man born free, the son Of n ia;
zen, arrived at years of discretion, NAV sxa J
mine whether it be convenient for him to min i
the society for which he was destined by his /
birth. If he finds that it will be no ADVANTAGE
to him to remain in it, he is at liberty to leave
t."