The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-29

Zens are subject, 10 the local 1urrldlcuOu OF
France-but no farther. He has released himself
from allegiance, and owes no longer any political
obligation to the sovereignty of his birtht all
discharged and dissolved by his repatriation and
naturalization, and both Of these we have guaran-
teed.
This, know, brings on a conflict of laws And
what il it does? Who would have il otherwise il
Europe will not yield? Who would have the
United States admitany such claims and pretensions
over her citizens by foreign Powers? Who would
| should prevail perpetualy? Whatever we may say
| our fathers declared in their independence, and
wrote in their book of constitution, and re-wrote
it in their standing statutes dipped in the blood of
| dogma, because a man happens to be born the
slave of tyrant he shall be bound to his chains for
| life, and shall never fly to better country and
make that country his own, should be abolished
from the EARTH far country and its citi-
zens are concerned And all our laws of naturali-
cation will have to be repealed, and we must return
to the dogma of Europe, unless we protect ma
turalized and native citizens equally and alike.
The contract for their protection has been made
with them by our laws and policy and we will
retrograde from the stand taken by America
if we do not redeem our promise in good faith
and with good courage. Whence came this
other sort of fashionable doctrine of Non-Protec-
ton p 1t seems to be age for ignoring protection
by the government of the United States and its
departments, just as the United States have gotten
strong enough to assert and maintain their Obliga-
tons of protection to everything sacred belonging
to them, at home and abroad. The rights of eXpa-
triaton and naturalization were peculiarly Ameri-
can, and it was our boast that this was, especially,
some new good thing under the sun which the
United States had introduced upon the earth, for
the oppressed of all mankind against the old orders
of kings which made men slaves How came our
patent to this cherished principle of American law
and liberty to be renowned, and by whom has il
been renOunced? The nation has never renowned
it. Aware that any one else has, its indignation
will burn consumingly hot. am sorry to say, Mr..
Wheaton renowned it in failing to draw Ameri-
can distinction between political and other obi
cations. He adopted the idea Of the European
code, that an obligation of perpetual allegiance
could be incurred by birth; and that such obi
CATION could be enforced within the jurisdiction of
the nativity after naturalization elsewhere. He laid
it down in his book, and contradcted the Declara-
ton and Constitution and statutes of his
try, which lay down another and new theory of the
rights of man, conflicting with the European dogma.
He had been so long in Europe among her cOurtiers,
that his metal lost the ring of American liberty.
| have reason to believe that an honorable friend
of mine, Daniel d. Barnard, of New York. whilst
Minister at Berlin, did not forget his American les
son, and urged the right OF protection to oar natu
rallied citizens in Prussia. The cases were referred
| to the State Department ct Washington, and my
| friend, the Hon. Edward Everett, was then Secre-
tary Of State and he unfortunately, followed the
authorities of Mr.. Wheaton Mr.. Barnard was over
ruled He was succeeded by Mr.. Vroom, of New
Jersey, another able and excellent patriot, who
concurred with Mr. Barnard believe, in maintain
ing the American doctrine; and he referred the
question again to the State Department, under Mr..
Marcy, who returned instructions conforming to
those of his predecessor, Mr.. Everett. About this
time became possessed of an abstract of nnmer-
and fragrant of violations of the rights of
our naturalized citizens in Prussia, Hanover, and
the Grand Duchy of Oldenburg. I called upon
the Department of State, in person, and presented
the question to several of our leading men in
public life, and could obtain second to the
views am now urging. All were afraid of
involving the United States in extreme difficult
ties, if we boldly claimed the full extent
of the American theory. They cited Kossuth,
a foreigner for example, who might induce
many Of our naturalized citizens to go to Eu-
rope for the very purpose Of involving US in
war with Austria. This they urged might be done
easily in various ways under the semblance Of the
rights OF eXpatriation and naturalization. 1t was in
vain that urged that the principle of American
protection involved no question of protection
against violation Of local and municipality; that
il our naturalized citizens did not go abroad with
bona tide lawful and peaceful intent, but aided in
cOnspiring against any foreign sovereignty, they
would be punishable tor crime in the Jurisdiction
wherever it might be perpetrated. 1t was in vain
l urged that we were obliged by contract to
guarantee protection against all obligations of
allegiance claimed by foreign Powers and that it
would be cOwardiee and bad faith not to fulfil and
redeem our promise before the world and against
the world. Just before this time the of KOszta
occurred. 1t touched every chord in the American
heart. True, it occurred in Turkish port; but
there was the old issue:- Having been born in
Austria naturaliZed in the United States, found in
Turkey, was he still citizen of Austria, owing any
allegiance anywhere to herr" Mr.. Marcy claimed
that he did not owe it to her, in Turkey, at least,
and Captain Ingraham-tO his everlasting honor
threw over the man the agis Of the United
States which and his right Of %
ralization in the United States. This gave hope
of the open maintenance of our American
doctrine. This was in 1853. In 1854 | wrote
defence OF naturalized citizens, and in the &C.
m mi a. in nv loft on mr.
Nothngism," you will see from pages IA to 20, in
elusive, that l urged the doctrine then which l
urge now. l confess that my object then was to
make i popular But in spite Of what he had done
and instructed Mr.. Vroop, as Mr.. Everett had Mr..
Barnard that our naturalized citizens were not to
be protected when they voluntarily returned to the
Jurisdiction of their nativity from their obligations
Of allegiance by birth. In other words, that per-
sons who had violated no local and municipal laws
Of that jurisdiction, might, if found within it, be
compelled to do military service simply on the
ground Of birth there and under the maxim, "Once
citizen, always citizen" regret TO say that
Mr.. Marcy was sustained by the Attorney General
(Cushing) under Mr.. Pierce's administraii ion. And
now regret still more to see that the great author
OF the teatise against visitation and search, whilst
he was Minister ofParis now Secretary of State, has
given this detestabe European dogma his sanction
too, expressly in the letter you quote from him to
Mr.. F. lie Clerc, of Memphis, and which have al
ready commented on in published letter to Mr.. M
As to the letter of Mr.. Appleton, Assistant Secre
tary Of State, it is an eel too slippery to hold in
your grasp. 1t is dainty diplomatic and equivocal
1t is either nothing at all-dont touch the ques-
tion-or it is stronger than even Europe puts the
dogma of despotism, don't know which.
l. 1t means to assert that passport is mere
certificate" of very little import; or it MEANS what
it says, that it is Of the essential Importance of
notice to foreign governments to give all lawful
aid and protection to its bearer And its
2. Proposition is, either that cit don't exempt
him from any obligation or penalty" to the govern
ment Of his native country prior to his naturaliz
ton, IF he should voluntarily repair thther," not
excepting the political obligation of allegiance; or
the proposition is, what it says, that it don't
exempt him from any obligation or penalty which
he may have incurred, &C., without saying whether
perpetual obligation of allegiance could or could
not be incurred" by BIRTH This despatch, then,
leaves the question dubious and dark; and the last
giving out Of the State Department, which have
seen in the Constitution newspaper of the l4th
inst, headed "The Naturalization Question" con-
tradicts directly the two previous letters and all the
previous instructions of the Department. This last