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

does not thereby necessarily diyest himself of
the duties devolving on him as matter of al
legiance to his government A citizen of one
OF these States, who, by the commission of
crime, is Invested of the rights of citizenship,
does not thereby render himself incapable OF
committing high treason against the govern
ment. But will not trespass on the time of
the House by simplifying upon this point.
Gentlemen can themselves trace the sugges-
tons to their necessary results, and conceive
the illustration of the point present.
With regard to the policy OF adopting the
doctrine, that an individual coming here with
out any assumption of allegiance creates duty
upon the part of this government to extend to
him its protection, the idea is utterly absurd /;
and If this government attempts to defend such
position, it will ere long be compelled to re-
tract and retrace its steps. Our government
is but one among a community of nations.
Here the Speaker was interrupted.]
am unwilling to trespass on the time of the
House to 60 more fully into the question. !
have authorities before me. / could refer. to
them without number / could cite them by
the hour, / have even avoided reading the
paper OF the secretary, that might shorten
the time during which should trespass on the
House. Were to go fully into these matters,
! could show still more conclusively the autho-
rity of the position i have taken. The very
authorities which the Secretary has consulted,
and whose language may be found in every
page Of this document, have laid down the doc
trine for which l contend. Gentlemen can find
them; they are easy Of access. The admiralty
reports of England and the United States, and
the American law writer's, all lay down the
l. Iootr,ra nj, ~, l.,,n ~ L
again, that the very authorities cited by the
Secretary of State lay down the doctrine Of
which have spoken, and the limitations which
he has entirely overlooked--that is, that the
nationality of which he speaks is acquired for
commercial purposes, and can impose no duty
incompatible with allegiance.
That am right in this is easily shown. The
secretary cites | Kent, rs:
II person goes into foreign country, and
engages in trade there heis by the law of nations,
to be considered merchant of that country, and
is subject for all eiva purposes
But the passage is against him. Observe the
| words trade, merchant, and ciril. On the very
next page Kent is explicit:
The only hmitation, upon the principle Of de-
termining the character from residence is that the
| party must not be found in hostility 10 his native
country He must do nothing inconsistent acith
nexed TO the rule by Sir William Scott, in the ease
| Of the Emanuel, and the same qualification exists
| in the French law, as well since as before theiI
revolution" ta
Again:
IAN American citizen may obtain foreign
domicil which will impress upon him a national
character for commercial purposes, in like manner
| as if he were subject of the government under
which he resided and vet acithout losing on thai
| ar is mi oh eli to s
| bound by the allegiance due to the country of his
birth" % Kent 40.
Again:
"While that domicil continued, his propert,
would be liable capture, on the ground that bis
permanent residence had stamped him with the
national character of that country. The hostile
character was deemed to attach to the American cti
zen only in respect 10 his property connected with
his residence in the enemy's untry.n-he7n p0l
Q p TO- Statement Of the decision, III tie case Of til.
peRns)
Story in his Conflict Of Laws, 4s, says
Commercial agents are presumed to remain
in country for purposes Of trade and Me,e,ort
acquire domicil where they reside"
tits true that he also says:
Foreigners who reside in country for perma-
nent and indefinite purposes, amino naanendi, are
treated universally as inhabitants of that country
As inhabitants, not citizens, he refers 10
Vattel, who says
The inhabitants as distinguished from citi-
zens, are foreigners who are permitted to settle
and stay in The country. Bound to the society by
the residence, they are subject to the laws of the
State acie heyresids IT, and they are obliged &c
defend itD-P. 101 see. 213.
Again, says Vattel:
The foreigner ought not TO content himself
with barely respecting the law ofthe country; he
IN sir nj 4
its defence, far as is CONSISTENT with his duty
citizen Of another State. He cannot. indeed, be
subject TO those burdens that have only relation
10 the quality of citizens, but he ought 10 bear his
share of all the others. Being exempt from serv-
ing in the militia, and from paying those taxes des-
tined for the support of the rights ofthe nation, he
will pay the duties imposed upon provisions, mer-
chandise, &c, and, in word, everything that has
only relation to his residence in the country, or
10 the affairs which brought him thither.n-P. 10,
secs. 105, log.
But the case of the Pizarro has been cited.
This is commercial case, and illustrates com
mercial law. But let us examine it
"A person domiciliated in country, and en-
joying the protection of the sovereign, is deemed
subject of that country"-4 Peters, 100.
This, indeed, is the very doctrine of the Sec
rotary. But the court did not stop here; it ex-
plains:
He owes allegiance TO the country actile he re-
sides M temporarily; indeed If he has not by
6irh or naturalization contracted permanent al
legiance.n
While he resides IN Htn That is, while he
is protected in person orin property. The com
mon law has gone to such prodigious extent
as to hold that even an alien may be guilty Of
high treason-treason whether committed with
out or within the jurisdiction of the country.
He could be guilty of high treason if his family
or effects remained within the country. The
doctrine is based upon the reason that, as the
laws protected him in their possession, he owes
a corresponding allegiance to those laws. But,
even in such case, there must be something
substantial within the jurisdiction of the coun-
try over which protection is extended, to create
the corresponding duty of allegiance, the viola
ton of which constitutes the crime of treason.
To this great extent the common law has car.
red the doctrine of domiciliation, but still even
it holds that this allegiance-the allegiance Of
domicil--is temporary and inferior to that per-
manent and natural allegiance which is due
from the citizen andthe subject; that it must