The daily union., 1854-02-09
the Pizaro The court oceeds speaking OF the temporary

the Pzso the proceeds speaking OF the temporary
allegiance
Bot so hxed thai as 10 ali other nations he follows the
character Of the country ia war as In peace"
But why Because, the court continues TO ex-
plain;
"o,herwise might be coniended that shtys owned by
dmeiiiaed IN foreign country with which We were at
war and YET In such pfedlcament, The law oil nations
would pronounce them enemies"
Kent as have already quoted, explains This;
'And yet without losing ihat account. his original
characte csang he bound by the allegiance due
the country of his oirlh."-2 Kent, ~.
Enemies in what regard Why. the OF
property belonging 10 nation with which we We're al
Such unqueslionaby Is the commercial law This
a commercial case, and il in relation to properly
that the doctrines OF the court were uttered.
Ia the OF the Venus, Is Cranch,) The Supreme
Court is remarkably explicit "What are the conse-
quences 10 which thls acquired domicll may legally
pose the person entitled 10 H. 10 the event OF war be-
tween the government under which he resides and that 10
which he owes permanent allegiance " is the question
asked and to which the cour, replies, that ",o bis native
country he cannot be considered enemy the strict
sense OF The word yet he is deemed such with reference
10 The seizure OF so much Of has property concerned IN the
trade OF The enemy as is connected with his rssdeaee II
~ found adherng TO the enemy lie Is himself adhertng
10 the enemy, although not crminally so unless he
cages in ats Of hostility against HIS native couiry that
IL TO say against his permanent allegiance. Glolus Is
quoted To The point-363. The domIcaied party,
the court, IN the bound by such resi-
dence 10 the society OF which they MEMBERS subject
to the laws OF The State, and owing qualified a!leg
thereto. They obliged TO defend IL, with excep-
ton IN favor OF subject ia relation TO his native coun
try"
But Judge Marshall was unwilling 10 90 even 10 the
extent winch the majority OF the court assumed:
:" think [said he in the same case be mis-
tiken when say that in all the views oil this sub
ect by the most approved writer's law nations
OF country residing in another consid
cred incorporated that other, but still considered
member"
For commercial purposes, Tsays the jndgel the mer
chant IS considered as member OF that society Ia when
receives fore merchants into their bpson and permits
reside ABROAD for the purposes OF trade
without injury their rights character cilizens "
" Nor VIII they hastily cons'rue such residence INTO q
snsnss Of national cha'aos' 10 the '1aS o. 'hs ma
But need not continue these quotations SO much
for The authorities relied upon by the Secretary have
quoted only from American books But am trespass-
ng too long upon your time. tits impossible to overlook
the distinctions which present themselves ~ every case
Domclliaon coners national character so far as prop
eriyi concerned imposes local allegiance Tor the
protection Of persons and property within jurisdiction
but il permits act either within or without the Iurs-
dicon OF the country, which may be incompatible with
the permanent allegiance.
am ask ed if the repeal OF the prohibory clause in
ation 10 aliens going abroad during their probation
does not involve an obligation TO protect Them while
they abroad! To this answer. thai suppose that
the repeal of that clause merely places alien where he
would have been ii that clause had been enacied.
II goes only 10 his eapabiity to become citizen The
going abroad, under the old provisions of the law
unlawful act, simply because the statute made il so-wh
the repeal OF that provision the act TO be viola
uOn oil Tie laWand Inc pdrtls feht 10 become cl-
remains 10 be subsequently determined by his
nued residence. and his aoasation and assumption OF
allegiance.
Blu, linus, close have said enough 10 call the al
enon OF the House and OF the country 10 the doctrine
Another word on the point in which | when inter-
rupted by The gentleman from Virginia, and have done
This thing cal ed the law oi nations sihose rules which
govern and control nations in their International
intercourse This country Is now occupying position
among the nations OF the earth vastly important than
what she has heretofore done. That position is becoming
there s American in this country, havag the feel
ings which belong tue American heart, who does not
and contemplate that future with just and exulliDg
PRIDE And proud are, and Just IN proportion as
proud oi the glory, and The hoaor, and the renown
and dig nifty. and the reputation Of this republic, we will
be chsry OF putting the country in position which may
nic hereafter stain upon that reputation and renown
say, for This government exalted she is in charac
ter and developed she IN strength lay down doc
recede would be stain upoa that chara,ter; and II Is 10
avoid position OF the kind that have teli myself called
upon direct the attention OF the House and the ooany
70 the doctrines which have heretofore been entertained
not only by government. but by every govern
ment in Europe. in this connexion
Sir, will not teain the House longer by attempting
TO persuade il. have done all intended to do l have
shown the House and the country in what IN my ludg-
men the OF The Secretary OF State consists The
authorities show The matter have stated IT, IT would
be injurious pass the resolution tie grounds advo-
Gated in some quarters OF The House coneede and
admire the impregnable defence made by the Secretary oi
State OF the action OF government and ils officers
but the points which, my opinion, he has IN that de-
fence, unnecessarily mae and which, m my Judgment
ndefensibe. and porentous OF evil in the future,
must, as matter OF necessity, repudiate