Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-07-10
ExEoUrfvE DErAnrNsNT, /

EXECUTIVE DEPARTMENT,
July q. 1859.
GEzTLEHRx: Your note of this date Wss hand
ed to me s few minutes since, and as l em
compelled 10 Ieavs the city upon the next train
to Eli my appointments ia East Tennessee hasten
to answer without being ablsto give the subjest
that consideration and thorough examination which
its importance demands ~
hold It to be undenisbly true, however. thstuu
der our Constitution sad laws, the rights 20 protee
ton and the duss Of the Ansricsn citizen whether
rdtigs o. nafaFdifrss are precisely the same.
When the foreigasr sewers the ties which bound
him to other governments and takes the oath Of al
legiarcs to the Government Of the UOited States,
he takes upon himself all the allegations, Tsponsi-
tiliss and dies Of citizenship, and thereby unques-
tiOaebly entities himself TO the rights and priv
lsgss Of citizen. Amongst the most important Of
these, may be mentioned ths right to demand Of
his Government the protection Of life, liberty and
property, at home and abroad, and the Government
is bound BY every consideration Of self respect,
good faith snd duty to extend that protection.
This general rule, however, is not without excep-
tons, for il the native or nsturalizsd Amsriosn
citizen hiss committed crime or violated the penal
laws Of foreign government he would be answer
able to that Government st any Tina when within
its jurisdiction.
The doctrine of perpetual allegiance to the land
Of nativity, as oontendsd for by most Governments
Of the old world, being inconsistent With the ma
tural rights Of man, cannot meet the appreciation
Of the Gsvernnent Of the United States. Many in
stances Of the Resistance Of this doctrine by our
n + e. r1r- 1aa ffad
had the tiRe for full investigation.
The position of this Government under the PIERCE
administrator in 1853, is distinctly stated by Mr..
Secretary EARoY in his note to the Austrian Minis
ter as follows:
stWhenever, by the operation Of the Law Of ma.
ions an individual becomes clothed srih nation
al character, be be native or naturaized citizen,
an exile driven from his early home by political OPP
preston, or sn emigrsnt enficed from it by the
hopes o. better fortune for himself and postery he
can claim the p7ottcioa Of tbs Government and it
may respond to that claim without being obliged TO
explain its conduct TO any foreign power, fer it is
its duty TO MAKE ITS RATIoNAEITT RESPECTED By
oTHER NTTIeEs, AND RESPECTABLE IN EVERY GUAR
TER OF THE GLOBE"
Again Mr.. MARcY said:
s'Iuternationsi law looks only to the national
character IN determining what country has the right
20 project. pofeOn g0eS country 10T09n,
with the nationality of the United St4tes this law
enjOins upon other nations to respect him, in re-
gard to protection, AasTieaR citizen. 1t con-
oedes to every country the right TO pTStect any and
al 'sko usy Be clothed aoifh Us aafioHality,
Under the BUCHANAN administration, by the
instructions from the State Department to the Rep
resentstive of this Government at the Court of Ber-
lin, dated 10Th of May, 1859, it is explicitly
stated
'That this Government is opposed to the doctrine
Of perpetual allegiance and maintains the right Of
expstriation and the right to form new political
ties elsewhere. In this age Of the world the i6ea
Of controlling the citizen in the choice Of home,
and binding him by mere political theory, to in
habit for life time, country which he constantly
desires to leave, hardly be entertained by any
Government whatever"
understand Gen. CAss in his letter TO HoFER,
to which you call my attention, as repudistiag
this doctrine of perpetual allegiance and as sim
Ply admitting the right Of all governments to pun
lsh crime including the crime of dssertOn accord
ing the law of that government, when the party
Voluntarily places himself within its Jurisdiction
l regret to say however, that there has been some
cOuaict of opinion amongst American statesmen
upon this question of perpetual allegiance, and
that portion of them have not always been ready
TO extend protection 10 the nsturalized citizens
abroad, as will be seen by reference to the follow
ing note, dated June LIST, 1852. from Mr. WEBSTER,
Secretary of State, under the FILLMORE admin
tratiOn r<
DFPsP7IrFST OF GTAFF