Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-07-22
70 TIE zDlroRs

GESrLsMHS. An article on :" American Citizenship.
copied into your paper Of the 10th instant from the Bal
tmore American, is somewhat calculated to prejudice
public opinion agssuSt Capt DowSIHG Of the Navy who
Is trial before court martial at Philadelphia.
The writer Of the article referred regards rs alb
surd and monstrous the psston taken by the Lruted
States Consul at Montevdeo that American ctiA
who had entered foreign service in time Of war, wss
wnie IN that SERVICE beyond the PALE Of the protection
me United States, but the moment he abandoned it,
wh intent to return to his native country he became en-
ted 20 that protection which he had forfeited for The
time being"
appears to me that this doctrine is perfectly in %.
cosdanee with public law and the practice Of oil Goyern
ments, Including our own.
is well known that the Governments of Europe MAIN
tain the doctrine Of perpetual alesianoe Even in our
own country tho courts Of the United States IA which
We must look for expeditions Of law hay yepeat
edy decided that citizen Of the United Suites cannot
throw of his allegiance without the consent Of the CIV
eminent; and these decisions were not NV
the Supreme Court in the Of the antersira rni
dad q Wheaton, 2sa) and Shanks Dupont, rs BE-
ters, 2i6.)
Now 50 long as citizen or subject owes alleoiapc ~
his Government he is entitled to it's protection It
that If he take part in foreign be must submit ~,
the fortunes Of the he could be an enemy aud
yet claim the rights Of neutral II he become domi-
ced In foreign country he must obey the laws Of thai
country These his responsibilities under the law Of
nations but that law does not declare that merely for
taking part in foreign war he shall be considered as
pirate an outlaw or wild beast whom any may shoot
down that pleases to do
Nor does any individual by trangressing the laws Of
his country wholly forfeit the protection Of his Gov
ernment Even convicted murderer is entitled to the
protection of his Government If slain while on his way
from the prison to the scaod the person guilty Of the
act might himself be hung for it as q murdeyer
Nothing has been in Europe than for in
dividuas and even organized bodies of men, including
men Of eminenoo and high character to take part in
foreign war against tho wishes and policy, and
against the laws Of their Government without losing
my Of their civil rights their claim to the protection
IF their Government, except " for the time being"
In our own country we have the instance Of Commo-
lore Porter who entered the Mexican service in time Of
and after his return from appointed Minister
IF the United States OF Consantnople without having
been re-admitted to the rights Of citizenship He had
not lost them, except g for the time being"
Perhaps this ought be law; but am speaking Of
Vha. Is law according to the only authorities who
entitled to expound it.
There would be something truly absurd and mon
trous" in denouncing officer Of the navy as cuprit
or afordng protection to native American who had
merely for time lost his right protection and at the
ame time rewardng and extolling another officer, who,
It the risk of involving his country in war; volunteers
protect foreigner who had acquired any legal
light to such protection
Indeed far lean understand the principal charges
against Capt Downing, they appear to be innatey ABB
urd He is charged with scandalous conduct in protect
Coe, because Coe every where denounced repu-
lated and rejected that is to say, the Coe stood
ng to extend it. The British admiral refused an asylum
o Coe; therefore Goes fellow-countryman, Downing,
hould have done the thing Coe himself is charged
With selling squadron openly in the market not with
leading it into such position that it might
e captured Thisis fragrant absurdity. How could
sell the officers and crews Of half dozen vessels
gainst their will
There is something inexpcable about this trial and
be manner in which it is conducted but long It'll
ending Capt Downing should at least have fair play
ot medal and thanks like Capt Ingraham. b.