New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-06-03
Naturalization and its Consequences

duty eDJolned, but Incorporates himself and h
resources with the members and wealth of til
nation
These, in our judgment, are questions we
worthy of the deepest consideration, and cas-
of solution.
We think it may be assumed as a genera
principle, that the law of nations, without re
garding the municipal regulations prescribe'
for his admission, views every man as membe
of the society in which he is found.
: The columns of our paper will not permit u
to go into full examination of the principles Q
public law, in reference to the right of expa
triation. We think, however, that it can b
maintained, under the established law of ma
tions, and even by the laws and practice Q
those who have become the most strenuous I'D
vocates for what may be termed the moderl
doctrine of perpetual allegianee-a doctrin
which grew out of the feudal system, and wa
supported upon principle which became inop
erative with the obligations on which it wa
founded
In this country repatriation or emigYGtio,
| is conceived to be fundamental right. As fal
as the practice adopted by the Government o
1
is fully recognized, constantly exercised, ant
has never, in any way, been restrained
| The general evidence of repatriation is aetna
| en,igrotion, with other concurrent acts, show.
| ing determination and intention to transfer
allegiance.
The evidence, as published in this case, is
| emigration more than fourteen years ago,
Swearing allegiance to the Government and
continuing uniformly in the United States from
that time to this. On this evidence Vigil has
lost his character as a citizen of Cuba, has
abandoned his rights as such, and cannot be
called upon to perform any Of the duties Incl
dent to has former allegiance He has been
recognized as legitimate, naturalized citizen
of the United States enjoying all the rights and
advantages of that character without being sub
iect to any of the restrictions and inconvenience
of citizen of Cuba.
The American Government, like every other
civilized government. avows the principle, and
INDUCES the practice, of naturalizing foreigners
In Great Britain and through Europe, the laws
and regulations upon the subject are not ma
terially dissimilar to the laws and regulations
of the United States. The effect, however,
of such naturalization upon the connection
which previously subsisted, between the nat
uralized person and the government of the
country of his BIRTH have been sufficiently
considered, at different times, and in different
places. Still, there are many respects in which
diversity of opinion does not exist, and cannot
arise. 1t is agreed, on all hands, that an act
of naturalization is not violation of the law of
nations, but creates between the parties the
reciprocal obligations of allegiance and protec-
ton; and while q naturalized citizen continues
in the territory and jurisdiction of his adopted
government, he cannot be pursued, or seized, or
restrained, by his former sovereign, but is en-
titled to all the benefits and subject to all the
duties imposed by such a relation
The Constitution of the United States provides
for the naturalization of foreigners !" which
provision recognizes the right of expatriation,
and promises protection to those who exercise it.
The two latter are the inevitable consequences of
the former
1t has been decided by the Supreme Court of
the United States that naturalization creates
4 permanent allegiance" 4 Peters Condensed |
Reports, page l0S, the Pizarro
There is no principle of the natural or writ |
en law more perfectly understood than this
hat what the law expressly authorizes person |
% do, it will justify and support him in doing |
Now Vigil is an American citizen, in virtue of |
he naturalization laws. Is it within the iuris. |
lictional power Of Cuba to issue orders for the |
of citizen, because he has used de-
lunciatory language Of the institutions of that |
Government We emphatically deny the au-
hority. By so doing she has invaded our terri |
DRY she has no jurisdiction beyond her terito. |
'ial limits, and consequently, no authority to |
arrest citizen of this place The right now |
claimed by the authorities of Cuba is not record
ed in any positive code of the law of nations: it
S not display ed in the elementary works of the |
lation, nor has it ever been exemplifed in the |
Isages of any other country, in any age.
1t is decided and settled principle in the
american law, that the penal laws Of a country
o not reach in their disabilities or penal |
fleets, beyond the jurisdiction where they are
stablised, Folliot vs.. Ogden, l. II. Blocks,
%, 1856; Lord Peterborough, Wolf VS.. Oxholm.
; Moule Lelon, 80; Commonwealth of Mas
achusetts vs.. Green, II Mass Rep, 514, 589,
10 Scoyille VS.. Cornfeld IA Johns Rep, 839.
10. 1t has also been decided that we are not
'und, by the doctrine of international amity,
enforce the penal laws of foreign territory.
hen contrary to our policy or institutions.
In further elucidaton of this subject, we re- {
to the letter of Mr. Buchanan, late Secre-
ry Of State;
DEPARTMENT OF STATE, II
Udshtn gtOn, November /, 1913.
SIR have received your letter of the 23d 4
t. referring to the case of William s. Bush !
eward OF the American bark 90 Childe Harold
rested on board that vessel, charged with the Y
livery Of various packages of papers, calcu- /
ted to create an insurrectionary spirit among &
e inhabitants of Cuba. Your course in this | I,
after is fully approved and have to request
at You will continue towards him all proper \
untenance and support II
Inc American masters in the port of Havana,
whom you refer, are entirely mistaken in
pposlng that it would be violation of the ma I,
NAL flag and national honor to arrest one of :
crew Of merchant vessel, which had vol il
'tarily entered that port, for crime COM s,
tted within the local jurisdiction To use the a
nguage OF Chief Justice Marshall, in deliver I
: the opinion of the court in the case of tho D.
looner Exchange Us. McFaddon and others A
tn Cranch, l44,) "When private individuals Ct
one nation spread themselves through an c,
ler' as business or caprice may direct, ming a
g lndiscriminately with the other, or u,bfn 81
reliant pesseis enter far the purposes of h