Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-07-19
HasbaiIIs aniun anS Smsritan.


Governments.
naturslised citizen Of the United States who is
Rstivs Of the Kingdom q Hanover, and who, when
he left his native country was neither in actual ser
vice in the HsnoVerian army, nor had been drafted
to serve In il, recently returned there on visit,
when he was Immediately deprived Of his liberty
and compelled to do military duly. The intervsE-
ton Of our Government thus became necessary, the
whole subject CT the rights Of our naturaEsd citi
zeus have received the renewed and careful eonsd-
GRAFTON Of the President, and his views, as we'll as
those Of his entire cabinet, upon this important
subject viii be found in the following extract which
the Washington consttution has been permitted to
make from q dispatch transmitted few days ago
from the Department Of State to our minister at
Berlin, in relation to the case referred t.:
Extract Of dPatcA from the DepartueHt Of STATE to
me Ataister q the United STATES az Berlin dated J
! lyS 1859
The right Of expatriatiOn cannot ct this day be
doubted denied IN the United States The idea
has been Tepudidated ever since the Origin OF our
| government that man is bound 10 remain forever
in the country Of his birth, and that lie has no
right to exercise bis free will ana consult his own
happiness by selecting new home. The most emf
nent writers on public Law recognize the right of
explanation. This can only be contested by those
who, in the nineteenth century, still devoted 10
the ancient feuds law, with all its oppression The
doctrine of perpetual allegiance is a relic Of bar
harsm which has been gradually Disappearing from
| Christendom during the last century.
/ The Constitution of the United States recognizes
! the nataral right Of expaIriation, by eonferring
| upon Congress the power "tO establish uniform
rule Of naturalization" Indeed it was one of the
grievances alleged against the British King in the
Declaration Of Independence, that he had s1endea-
1 wired n he DoffL g.
that purpose ObstrueiEg the laws of naturalization
OF foreigners, refusing TO pass others 10 encourage
their migration hither," &C., Sc. The Constitution
thus clearly recognizes the principle of expstriation
in the strongest manner. 1t would have been in
consistent in itself and unworthy Of the character
Of the authors Of that instrument to hold out induce
mens TO foreigners to abandon their native land TO
reneunce their allegiance TO their native govern
ment and to become citizens Of the United States if
/ they had not been convinced Of the absolute ami
unconditional right of expatriation. Congress have
uniformly acted upon this principle ever since the
commencement CT the federal government They
established ga uniform rule Ct naturalization near
l IL seventy years ago. There has since been no
period in history when laws for this purpose did
not exist, though their provisions have undergone
successive changes. The alien, in order to become
citizen, must declare en- oath affirmation that
he will support the Constitution Of the United States
and, at the same time, he is required to absolutely
and entirely renounce and ALLURE all allegiance and
fidelity TO every foreign prince, potenate, State or
sovereignty whatever, and particularly, by name,
the prince, potenaie, State or sovereignty whereof
he was before citizen.
The exercise of the right Of naturalization, and
the consequent recognition of the principle Of exps-
trision, are not confined to the government Of the
United States. There is not country in Europe
believe st the present moment whsre the law does
not authorize the naiuTaz Ition Of foreigners one
form or other Indeed, ia some of these countries
this Law is liberal than our own towards for
eigaers.
The question then arises what rights do our laws
confer upon foreigner by granting him naturalza-
tion! answer, oil the rights, privileges; and i'm
munities which belong to q nat We bora citizen, lie
their full extent with the siDgle qualification that
under the constitution "no person EXCEPT a natural
born citizen is eligible to the eff e Of President
With this exception, the lsturslized citizen, from
and after the date of bis naturalization, both at
home and abroad, is placed upon the very same
footing with the native citizen. He is neither in
better or worse condition. If native citizen
chooses 10 take up his residence in foreign eoun-
try for the purpose Of advancing his fortans or pro-
noting his happiness he is whilst there bound to
obey it's municipal laws equally with those who
! have lived in it all their lives. He goes abroad
with his eyes opep and if these laws be arbitrary
and unjust, he has chosen to sbde by the consequen
ces, If they administered in an equal spirit to-
| wards himself and towards native Subjects this
government have right to interfere authoritative
iy in his behalf To do this would be to violate the
right of an Independent nation TO legisate within
its own Territories If this government were to IN
dertske such task, we mi ht be involved in
trouble With nearly the whole world To protect
citizens against the application Of this principle
Of universal Law, il its full extent we have rea-
ties with several nations securing exemption to
American citizens when residing abroad from some
of the onerous duties required from their own sub
jects. Where no such treaty exists, and Ameri-
| can citizen has committed o crime or incurred
penalty for violating any municipal law whatever of
the country of his temporary residence, he is just
liable to be tried and punished for his offense as
though he had resided in 1t from the day OF his
birth. If this has not been done before his de-
pature, and he should Voluntarily return under the
jurisdiction, he may be tried and punished for
the Offense upon principles Of universal law.
Under such circumstances no person would think
of contending that intermediate residence in his
own country for years WoulddepriVe the government
whose laws be had violated Of the power to enforce
| their execution. The very same principle, and no
othsr, is applicable to the Of naturslized eit
Zen should he choose to return 10 his native country
In that case, if he had committed offence against
the law before his departure he is responsible for it
| in the same manner as the natiye-Americsn citizen
( to whom have referred. In the language Of the
late Mr. Marcy in his letter of the 10th Of Jarua-
~, 1854, to Mr. Jackson, then our charge d'aaires
to Vienna, when speaking of Tousigs case every
nation, whenever its laws are violated by any one
owing obedle1ee 10 them, Whelher ne ne CITIZEN or
stranger. has right to DHiet the penalties incur
red upon the trsnsgressOr if fouI within its uris
dction." This principle is too well established TO
admit Of serious controversy. If Of our native
| or naurslized citizens were to expose himself 10
punishment by the commission of an ofense against
any of our laws, state or national and afterwards
| become naturalized subject Of o foreign country
! he would not have the hardihood TO contend, upon
Voluntarily returning within Jurisdiction, that
his naturalization relieved him from the punishment
due 10 his crime; much less could be appeal to the
! government Of his adopted country 10 protect him
against his responsibility to the Uni ed States or
| any Of the States. This government would not for
| q moment listen to such an appeal
Whilst these principles cannot be contested, great
care should be taken in their application especially
| Is our naturaliEed citizens. The moment for
eRner becomes natuTalized his allegiance to HE ma
| tive country is severed forever. He experiences a
new political birth. A broad and impossible line
| separates him from his native country. He is no
more responsible for anything he may say do, or
omit to ssy do, after assuming his character
| than if be had been born in the Uaited States.
Should he return to his native country be returns
IS an American citizen, aud in no other character.
In order to entitle his orgn government TO pun
ish him for oense, this must have been commit
ted whilst be subject and owed allegiance TO
| that government. The ofense must have been com
plete before his expatTaton. It must have been of
zach character that he might have been tried and
punished for it at the moment Of his departure.
future liability to in the army will not be suf
fcient because before the time can arrive for such