The daily union., 1854-02-09

done, and thereby create all those legal blgaons be-
tween The parties which eolhc them With the relative du
ties OF protection and dependence No, elf. The Sec
etary OF Stale too we'll understood the to Jay down
any such doctrine. He merely alluded TO the fact that
Marlin kosza had made declaration Of intention, in
order TO show that his domci here, and that his
residence among us was made bona nds. and with m
tenon so TO remain within community to acquire
that nationality OF character which domiciliaton gives
This point we'll understood and stated TO the House
by the gentleman IRON Virginia. Mr.. SMITH
ihe secretary makes point on ths nationality Tor po-
tieai purposes, which domlciiaon gives. Why. sir,
the whole course and policy OF government would
have 10 be changed II this doctrine were avowed and
sanctioned by the American Congress- Your usage now
is 10 refuse passport unless the fact OF citizenship Is
,abshed TO the satisfaction of the authorities o the
eminent You do not undertake give passports OF pro-
lection 10 anybody but those who cilizens. You
never have, and IN my udgmeat you will The policy
oil This government has been settled and uniform While
appreciate all that glowing pride and generous enihns
which prompts gentlemen 10 extend the protection OF
the government. even before they become cnzens TO
those who come TO this country from foreign lands and
while--as all who know me well understaad--my
feelings toward the emgan are as broad and generous as
those OF any gentleman upon this floor, elsewhere
still regard 10 the future oil this country-a future
which every statesman will at least endeavor look to
and Ieaously guadwill not permit me to yield 10 those
feelings when they propose to lead me into the mpac
cable and the indefensible.
You have, sir, upon the statue-book, law which
ognises the very principle of which speaking You
have law there which declares that any man who,
owing allegiance 10 this government shall be found In
arms, and doing violence the high TO her cil-
zens, though under colorol commission OF author
ny and direction Of foreign prince, shall be deemed
and treated pirate. That act shows the rule which
you have adopted in reference to The conduct oil your
own citizens and you adopt different rule in re-
gard TO the citizens OF other powers BY that act you
avow the doctrine that man owes allegiance TO his gov
eminent, and do act incompatible with that ale
giance and il he does, he thereby cOmpromts his own
safety and is traitor TO the country TO which his ae
glance is due. No domciliaon in another country
exempt an American from the penalties of that law,
less he has been relieved from his TO the United
States 10 escape the law, he must show that he owes
no such allegiance Ii mere domcilation could absolve
the party, the law would be absurd 1t would be mean
ngless By The terms OF the law, domcilation though
even sustained bya commission from foreign govern
ment, can avail the party nothing SO long his ae-
glance is due the United States, he whin the pro-
visions OF the law. There must be express abara
ton OF his original allegiance, and formal assumption
OF another before the authority OF that other can be held
as Justification Tor his obedience 10 il in opposition TO
the allegiance OF his origin Il may be we'll tor gentle
men, before they enunciae opinion upon this subject
TO examine with some care what ground country has
taken upon these subjects heretofore II is quite
mon thing for American citizens to domicia,e them.
selves in England, France, and in other countries, in
order 10 carry on their commercial transactions.
Is it to be sad it necessarily must be by the doctrine
OF the Secretary that the American merchant who
the and locates himself Great Britain for
mecia purposes, with the bona intention OF acquiring
domcil, but with the equally bona ide intention TO
tain his rights American citizen, becomes entitled
to the protection OF the British government outside OF its
jurisdiction; and as matter OF necessity, subjects him
self to the corTelatve duties OF British subject And
yet such must be the result OF the doctrine which com.
be entitled to the protection OF the British government
British merchant but he would not be subject the po-
iea duties OF British subject, would he be entitled
TO ITS protection IN bis purely political relations outside OF
the jurisdiction OF Great Britain. | repeat that the right
OF protection, and the duty which the individual owes
The government are coreiauve, and cosTstsni and
where there is no aleg there right duty of
protection. The British subject domciated in New
York owes temporary allegiance TO the United States
tha, allegiance which is due from domclliaed resident
and this creates coelatve duty OF protection. which
may be extended 10 all Cases not incompatible with his
permanent allegiance According TO the common law,
temporary allegiance out Of the tenure OF chaes
while permanent allegiance hads It's foundation in The
tenure OF lands,hat in the oroug ncor OF
! The individual ino the body OF the community.
Does an American merchant residing in London even
though il be his intention reside there during his
ura life, become thereby necessarily invested with such
nationality as to impose upon HIM featy TO the British
crow0-a ieally incompatible with his allegiance 10
republic Ours are an adventurous people. In their
pGrsuifs they spreading themselves throughout the
globe They are crossing every sea they settling IN
every cline. but ardent their pursuit OF wealth.
IS yet inferior 10 their love OF their native land and
prepared TO assert doctrines whose results would be
TO impose upon them local fealty wherever they may
sdef As yet. our government has acted upon doctrine
exactly opposed 10 this.
In The riots which occurred at New Orleans year or
two ago the property OF various Spaniafds d9n,ciiattd
in thai city deslToyed but the government OF Spain
claimed them as Spanish subjects, and made reclana
uon for decentralization, which our government. both al
lowed and pald What became o! the doctrine oil dom-
citation there What the national character with
which these domieliated Spaniards co,hedl Can
any doubt that unnaiuralized nglishman dom-
ciiaied In New York is British subjecl' Can
domcliiAiion release him from his obligations sub
ject to the Brush crown impose upon him duties in
relaten 10 our government incompatible with his duties
as British subject
An American sailor 10 the Bfitish service is domisia-
ted within the jurisdiction OF the crown but is that
sailor, individual clothed with the British political
nationality To the language OF the Secretary, may
"his services be required, or the defence of thai
try,) may hs life be pened and sacrificed in maintain.
ing Its rights and vDdicaing lis honor" If at with
i q w
boast and in behalf OF which the gallant sailor would
gladly sacrifice the last pusation OF his hear, I
Ask the great public OF country ii II is prepared TO
sanct,os doctrine which would authorize Eag land to
compel American sailors to fight against us 10 time oil
war think not No, SIR, II will never be tolerated
The American sailor The British service il clothed with
British nationality, lar as his relations property
concerned. He entitled TO the protection OF The
\ British government while within its jurisdiction, and
while there owes 1t an allegiance, bat only such al
egance as Is not incompatible with his allegiance to the
United States
The whole difficulty IN this has arisen from coA-
I founding political with commercial law--from conound
Il ing commercial relations with the right and duty OF
ind vidual subject; and the word "snblect" not
in contfsdisiincliob TO the which we in this
coaa,ryhat of "cnysn'but designate The relations
4 between the governed and The government. | in
curing into the political relations OF the Individual under
Tue goyernnent The right and duty OF isdvld al
der government viewed in his political relations that
government, and the rights OF that ndivdas, towards
that government in his commercial transactions, ~ re-
gard 10 the property OF the country which he is resi-
dent, different and separate things There are two
sorts Of allegiance. The books OF this country and
Europe recognise them with entire distinciness. The
temporary allegau glowing ont OF domcl, asd con-