The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-10-08


lsry Marcys letter to Mr. Hussmann has been received,
is strongly indicative OF its soundness and justice Our
own reflections upon the extent OF the obligation which
rests upon government TO protect the personal rights
Of an alien who bad abured his allegiance to his native
government, and selected his home in the United States.
and signfed his intention avail himself OF the benefits
OF naturalization laws, had brought mind subs,an
TALLY to the conclusion tina, announced By the
Secretary of Slate. AS the question is Of high
tional interest," deem not improper TO state briefly
the train Of reasoning upon which oar conclusion was
based.
We assume that no who acknowledges the legili.
macy OF existence nation deny the right Of
every citizen subject 10 abjure his allegiance his
government. and transfer his person and his allegiance to
such other government he may select. Taking this
proposition be selfevdent in the estimation Of every
American citizen lbecomes important inquiry to
certain The fact Of aburaiion, and what circumstances
sufficient to fr this fact and a, what time it becomes
fired fact, We referring to the general principle
which governs in cases Of voluntary exparation and
we take il that such exparaion is consummated and ac
complished by the act OF removal. with the determine
ton made up of ceasng from that time 10 acknowledge
the former allegiance, TO claim protection by virtue Of
such former allegiance The termination Of subsisDg
allegiance is the of the mind accompanied by the fact
OF removal in consummation Of the act.
When foreigner situated arrives in the United
States and makes up his mind to remain permanently
RESIDENT The instant that he forms the purpose he
thereby and at that Time takes inchoac American
onaliiy OF character This proposition, like that which
asserts the right Of voluntary expaation is necessary
conseq uence Of the fundamental principle Of American
democratic freedom To deny either is 10 repudate the
grand principle which our free institutions are based
But the question may be asked, whether we concede in
choa,e nationality TO foreigner upon the fact simply Of
his forming the purpose TO make this country his perma
nent home after his arrival on soil! To This we an
swer tha, the formation Of the purpose 10 remain perma
neny is The fact on which the nationality OF his charac
ter attaches but to make this fact practically available,
it must be followed up by other tangible evidence OF its
actual existence To this end, the selection OF specific
place OF residence-th becoming domciled-becomes
important ac because it tends to show the purpose
which the foreigner has formed In view it is not
the fact Of being domiciled which gives the nationality,
but the fact OF domic illustrates and proves certain
extent the intention to reman-h. aaimus mansndi-
ic does not constitute the claim nationality, but
The concurrent, declarations OF the foreigner and his
engagement in trade other employment. would cons
tute evidence OF the same character. His going into
court OF record and filing his declaration OF intention to
become citizen can have other virtue effect than
10 operate evidence that his purpose TO remain perma
nen,ly is fixed When. therefore. foreigner can show
by the fact Of his being domced. by his coempo
or by his petition under the naturalization
laws that he is resident, amino n'aKsndi he has done
all that. under the spirit and genius OF government
he is required DO in order 10 claim the benefits Of
American nationality OF character. That claim
tnues IN full force. al home abroad long his
snimus monendi as a resident continues.
Il is supposed by some tina, there is something in the
doctrine that aegan and protection 20 together which
conflicts with these propositions We do not 20 under
stand that doctrine The citizen perfect allegiance,
and hence he entitled TO psd protection. Blu, by
no means follows tina, there is neither allegiance pro-
lection which is imperfect The alien who lands on or
soil without any intention TO remain owes gussi allie
glance whilst he remains within Jurisdictions and in
= corresponding degree is entitled TO protection. This
is the lowest species OF allegiance ill., indeed, it deserves
tina, name) and Of protection, and il terminates the
men the alien quits our soil But the alien who
with the intention OF remaining and signifies that inen
ton by domic and by fling his declaration under
our naturalization laws such alien by these sgnid-
cant acts and facts acknowledges his allegiance 10
government but because he 10 not citizen the aesi
ance is moi perfect and because his allegiance not per
fec, his right 10 protection 10 not perfect.
The apprehension expressed. with somc appearance
Of nervousness that The exalted idea OF American ci-
zenshp 10 not fully appreciated BY the doctrine that the
alien may be invested with American
jor ay has no substantial foundation. We recognise
and avow American doctrine. and that spr'nss
into existence ~ legitimate odsPrnx Of the principles
of liberty which were asserted and maintained success
FULLY by our revolutionary fathers. To deny its truth
funess 10 strike at the very cornerstone OF our re-
publican fabric and to proclaim it to The world ~ but TO
proclaim ourselves worthy OF the ilIussrious men who
asserted and saked their all upon the right oil selfEov
srnneni The genius OF institutions il vtes the sub
ecs Of desposm and oppresaoa 10 all countries 10 come
and participate 10 freedom Of thought Of speech and OF
action and, a. an iAducement. il proclaims the proec
ton oil person a. we'll Of property which attaches
10 American nationality, bat this protection II me'ss out
upon the principles OF jus,ice and cquy-he citizen
being entitled to il in perfection. and the alien pro-
por,ionately to his allegiance. Whenever the inter-
position Of the strong Of the government - IN
voked Tor the protection Of violated rights the gov
ernmen, may rightfuy distinguish between the claims
NJ the citizen and those Of the alien who il in
state Of probation preparatory TO citizenship The OBJ