Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-02-15

original character, or ceasiag to be bound BIZ fhe
allegiance duo 10 fecoHnfrycf has birth "--2 Kenf,
49.N
Enemies in what regard? Why, as the own
ers OF property belonging to nation with which
we were at war. Such, unquestionably is the
commercial law. This was commercial case,
and 1t was in relation to property that the doc
trines OF the court were uttered.
In the case of the Venus, Is Cranch, the
Supreme Court is remarkably explicit: "What
are the consequences in which this acquired
domicil may legally expose the person entitled
to 1T, in the event of a war between the govern
ment under which he resides and that TO which
he owes permanent allegiance?r is the ques.
ton asked, and to which the court replies, that
ITO his native country he cannot be considered
an enemy, in the strict sense of the word; yet
ne is deemed such with reference to the seizure
OF so much Of ms property concerned in the
trade OF the enemy as is connected with has rest
dence. 1t is found adhering to the enemy. He
is himself adhering to the enemy, although not
criminally so, unless he engages in acts of hos
tty against his natire country; y that is to say,
against his permanent allegiance Grotius is
quoted to the same point-563. The domi-
cilated party, says the court, in the same case,
"are bound by such residence to the society Of
which they are members, subject to the laws OF
| the State, and owing a qualified allegiance
thereto. They are obliged to defend it, with
an exception in favor Of subject in relation to
his native country"
But Judge Marshall was unwilling to 90 even
to the extent which the majority Of the courts
assumed
| 81 think [said he in the same CASE cannot be
mistaken, when say that, in all the views taken
| OF this subject by the most approved writers on
the law Of nations, the citizen of one country re-
siding in another is not considered as incorporated
in that other, but is still considered belonging
TO that society of which he was originally mem
| ber.''
"For commercial purposes, says the Judge the
| merchant is considered as member of that So
ciety in which he has his domciI.n "The policy
of commercial nations receives foreign merchants
| into their bosom, and permits their own citizens
to reside abroad for the purposes Of trade, without
injury 10 their rights or character as citizens"
| Nor will they hastily construc such residence
into change of national character, TO the injury
| of the individual
! But need not continue these quotations.
So much for the authorities relied upon by the
Secretary. have quoted only from American
books. But | am trespassing too long upon
your time. 1t is impossible to overlook the
distinctions which present themselves in every
case. Domiciliation confers national charac-
4 YET, 81 idr DIS property 10 CouCSIucu. IL iiIi-
poses local allegiance for the protection Of
person and property within its jurisdiction;
/ but it permits no act either within or without
i the jurisdiction of the country which may be
1 incompatible with the permanent allegiance.
am asked, if the repeal of the prohibtory
| clause in relation to aliens going abroad during
their probation does not involve an obligation
to protect them while they are abroad? To
this answer, that suppose that the repeal Of
that clause merely places an alien where he
would have been If that clause had never been
enacted. 1t goes only to his capability to be-
come citizen. The going abroad, under the
old provisions Of the law, was an unlawful act,
repeal of that provision, the act ceased to be a
violation of the law; and the party's right to
become citizen remains to be subsequently
! determined by his continued residence, and his
abjuration and assumption of allegiance.
But must close. / have said enough to
call the attention Of the House and of the
simply because the statute made itso. With the
4 country to the doctrine. Another word on the
point in which was when interrupted by the
gentleman from Virginia, and 1 have done.
This thing called the law Of nations is those
| rules which are to govern and control nations
in their International intercourse. This country
is now occupying position among the nations
| of the earth vastly more important than what
she has heretofore done. That position is be-
coming more and more important. As the fu-
ture comes upon US, there is no American in
4 this country, having the feelings which belong
4 to the American heart, who does not view and
contemplate that future with a just and exulting
pride. And proud as we are, and just in pro-
portion as we are proud Of the glory; and the
honor, and the renown, and dignity, and the
reputation of this republic, we viii be chary Of
putting the country in a position which may in.
| tlict hereafter stain upon that reputation and
renown. say, for this government, exalted as
she is in character and developed as she is in
strength, to lay down doctrines from which in
the future she will be compelled to recede,
| would be stain upon that character and it is
| to avoid position of the kind that have felt
myself called upon to direct the attention fthe
House and the country to the doctrines which
have heretofore been entertained, not only by
our own government, but every government in
Europe, in this connection.
Sir, / will not detain the House longer, by
attempting to persuade it. / have done all /
intended to do. have shown the House and
the country in what, in my Judgment, the error
Of the Secretary of State consists The authori-
ties show the matter as | have stated it. 1t
would be injurious to pass the resolution on the
grounds advocated in some quarters of the
House. / concede and admire the impregnable
defence made by the Secretary of State Of the
action of our government and its officers; but
the points which, in my opinion, he has, in
that defence, unnecessarily made, and which, in
my Judgment are indefensible, and portentous
of evil in the future, must, as matter of ne
cessity, repudiate.
Anecdote of the Late Judah T0uro.--The
following anecdote, related Of our lamented fellow
citizen the late judah Touro, gives beautiful