The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1859-09-01
THE PACIFIC
Commercial Advertiser.
THURSDAY, SEPTEMBER l

THE subject of naturalization is exciting unu-
sual attention among American ews pers-
owing to the strong ground which the United
States administration have taken, in several cases
recently brought to their notice, against the doc
trine Il Drpetual allegiance. The last case is
that Of 4 Hanoverian named Leclerc, who emf
grated to the United States with his parents when
ten or twelve years of age, and finally became an
American citizen. On returning recently TO
Hanover on a visit, he was deprived of his liberty
and impressed into the Hanoverian army. This
subject of naturalization is one of much interest
here, where many of our people claim to be sub
jects of both the awaiia Government and citi-
zens of the United States or subjects of England,
while others frequently take the oath of allegi-
ance temporarily. intending at some future time
to return to their native country.
Mr.. Cass, Secretary of State, in a letter about
this Leclerc case, expresses his views of the mat
ter as follows:
"Native born Prussians, naturalized by the United
States and returning to the country Of their birth are
not liable TO any duties or penalties, ercept such as
Irere eTiSfiRg at the period Of their emigration. If,
at that time, they were in the army, or actually called
into It, such emigration and naturalization do not
exempt them from the legal penalty which they in
CURED by their desertion, but this penalty may be
enforced against them whenever they shall volunta-
rily place themselves within the local jurisdiction Of
their native country, and shall be proceeded against
according to law. But when no present liabilities
exist against them at the period Of their emigration,
the law of nations, in the opinion of this government,
gives no right to any country to interfere with natu-
: rsilzed American citizens, and the attempt to do SO
would be considered an act unjust in itself and I'M
friendly towards the United States"
This is a strong attack upon the old principle
of English law, &. Once an Englishman, always
an Englishman." According to the Common
Law of England no private subject can shake off
his native allegiance and transfer it to any for
eign prince; and no foreign prince possesses the
power, by naturalizing or employing a subject of
Great Britain, to dissolve the bond of allegiance
between that subject and the crown. This has
been the acknowledged law among nations. And
it is doubtful if the course of Mr.. Cass, however
correct it may be, in an abstract point of view,
will overturn a national principle which has been
respected and upheld for ages, and which is GER
tainly founded. to some extent, upon doctrines of
policy and justice.
1t is the opinion of the eminent American
jurist, Kent, that the bond between a country
and its native born citizen is in the light of a
contract-to the dissolution of which the con-
sent of both contracting parties is required.
Thus if a government pass a law authorizing cit
liens to transfer their allegiance, such transfer is
valid and his native land can have no further
claim upon him. But if a person become natu-
rallied abroad, who has not been legally dis
charged of his allegiance at home, that allegi-
ance will remain, notwithstanding the party may
have placed himself in difficulty by double and
conflicting claims of allegiance.
But though a natural born subject cannot
throw off his allegiance, by his own individual
act, yet for commercial purposes, he may acquire
the rights of a citizen Of another country. Kent
says
The subject who e~migrafes iona fde, and pro-
cures q foreign naturalization. may entangle himself
IN difficulties. and in a conflict Of duties but it In
only in very few cases that the muniofpsI laws would
affect him. If there should be var between his
parent State and the one to which he hao nftacbed
himself, he must not arm himself against the n6rent
State and IL he be recalled by his native fovurd-
ment, he must return. or incur the pain and peun1-
ties Of a contempt. Under these disabilities al tie 4
civilized nations Of Europe adept leach according 10 I
its own laws) the natural born subjects Of other coun-
A number of the European States have pass
asus authorizing subjects, under certain circum- !
sk1oceo and conditions, 70 abdicate their coup=