Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-08-02

prevail with. tho United States; for they ex.
~pressiy meant, byltheir Constitution and laws,
TO deny and contradict this dogma and maxim,
and to assert and maintain the rights of expa-
and naturalization. If not, why twice
swear the naturalized alieIf
LIST. 10 "renouncs' and "GtjHT," I'll 'chs-
glance" all fidelity 10 any other Prince, po-
State or Sovereignty, and. particularly,
to the Prince, Potcntatc, State or Sovereignty,
rs name, q. which he was born 4 subject, If
our naturalizcd citizen, then. be L native
and ho returns to France r%elnntc-
ritz, even, lie has the same right TO visit France
which any other citizen Of America has, By
treaty and comfy and reciprocity, between the
United States and France, to visit that country,
for lawful purposes. and he is entitled to the
same kind and degree OF protection. If France
says he WAS born hers, and because O.cc hers.
he is hers for E.Ts, within her jurisdiction. the
United States is hound 10 reply, that they have
made him rcnouncc and allure allegiance and
fidelity to France; and,
81. To swear allegiance and fidelity 10 h
tnitsd .Strtrs. To reply that we have "na.a-
~ra!izci" him, and that he has expatriatcd Lin.-
sell from France, and become, ly our sovereign
consent, 4 citizen Of the United States, rs il M
tive born, and that now he owes allegiance and
fidelity 10 Us.
II he owes penalty 10 France Tor any crime,
.uncXpiated; if he owes her any due Of customs
or commerce; il he !es broken ony police rcgu.
~lations; if he has no; Observed the local law;
ir lie is subject to any forfeiture under munic!-
pal laws, he is subject. just rs our native citi.
zens arc subject to the local jurisdiction Of
France-tgt 10 .faf:icr. lie has released HIM
self from allegiance, and owes no longer any
goii;ical obligation 10 the sovereignty of li-
b;r,h--it Was al discharged ard dissolved by
his repatriation and naturalization. and bn;i!
%. these We have guaranteed.
This, | Know, brings OF II coniiic: Of laws
And what if it does: Who would havci il other
wise If Europe will not yield: Who would
have the United States admit any such claims
and pretcnSions over her citizens by foreign
Powers? Who would have consent that these
doS,nas Of dcspotism should prevail perpetual
~: Whatever we may say. our fathers de-
clarel in their independence and wrote It in
their Book of Constitution, and rc-wrotc il in
their standing statutes, dipped in the blood Of
the Leopard and Chesapeake, that the European
dogma, because q man happens TO be born the
slave of a Tyrant he shall tc bound to his
chains for life and shall never iiy 10 D
better country and make that country his OWN,
should be abolished from the Garth, SO far
rs our country and its citizens are concerned.
And nil our laws Of naturalization will have to
be repealed. and we must return to the dogma
of Europe, antesS ne protect orr naturatized and
naticc ~eiti.ens egualy and alike. The con-
tract for their protection has been made with
them by our laws and policy, and we will retro
grade 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-I'ro-
1t seems to be an age for ignoring
protection by the Government Of the United
State, AMI its Departments, just as the United
States have gotten strong enough to assert and
maintain their obligations OF protection to
and abroad! The rights Of expatriation and
naturalization were peculiarly American, 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 a. mankind, against the oM or
ders II kiags Hhich made men shares. How
came our patent 10 this cherished principle Of
American law and liberty to he renounccd-and
bv whom has il beer renowned: The Aati0n
lbs nerer renowned Il. Aware that any one
else has, its indignation will hurn c%onsumlngly
hot. | ain sorry to say. Mr.. Wheaton re-
nounced it IN failing to draw our American dis
~tinction between ',yoliticaE' and other Obliga-
tons. lie adopted the idea Of the European
code, that an obligation of perpetual allegiance
could be "incnrrfd' by birth and that such
obligation could be enforced within the juris-
diction Of the nativity ailcr naturalization else
where. He laid it down in his book, and con
tradicted the Declaration and Constitution and
Of his new country, which lay down
another and ncw theory OF the rights OF man,
conflicting with the European dogma. lie had
been so long in Europe, among hor c"nr;ieTs.
that his metal lost the ring OF American liberty.
| have reason 20 believe that ai honorable friend
of mine. Daniel d.. Barnard, Of New York.
whilst Minister at Berlin, til not .fvrg6t ms
.imerican lesson, and urged the right of prctec-
ton to our naturaliZcd citizens in Prussia The
cases were referred to the State Department. at
Washington, and my friend, the Hon. Edward
Everett, was then Secretary Of State, and nc,
unfortunately. followed the antho:ities Of Mr..
Wheaton. Mr. Barnard was oycr-ruicd. lie
was succeeded by Mr.. Nrocm Of New Jersey,
another able and excellent patriot, who con
Cured with MIR. Barnard. ] believe, in main
tanning 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
rs an abstract Of numerous and f!agran, cases
violations Of the rights Of orr naturalized
,it liens. i'm Prussia, Hanover. and the Grand
Duchv Of Oldenburg. | called upon the De-
partucut Of State, in person, anG presented the
70 several Of our leading men in pub
ic life. and could obtain no second to the views
am now urging. All were afraid of in
rolvin- the United States III extreme diiticrl-
lies, L we boldly claimed the full eXtca;
the American theory. They cited Kossuth,
A foreigner. for example, who might induce
manv OF ~ir na.rTallzed citizens TO 20 10 Ed
rope for the very purpose Of involving us in 4
war with Austria. This they urged might be
lone easily in various ways, under tie sem
blancc of the rights Of cypatr:ation and natu'
ralization. 1t was in vain that | Urged that
the principle Of American protection involved
no question Of protection against 4 vocation Of
Iocai and municipal law that if orr natural
ized citizens did not 60 abroad with jona .Ihdc
lawful and peaceful intent, bn! aIdcI in con-
spring against any foreign Sovereignty. they
would I've punishable for crime in lie .%juriSd;r-
ton wherever it might be pcrpctra'cd. II was
in vain | urged that we were obliged, h.y con-
to guarantee protection against all ch!iGa-
tons of allegiance claimed by foreign powers,
and that it would be cowardice and bad faith
not to fulfil and redeem orr promise before the
world and against the world. jus: before this
time the case of Koszta occurred. II touch
cd every chord i'll the American heart True,
it occurred in a Turkish port, but there was
the old issuc:-"iiaving been born in Austria,
naturalized in the United States. found in Tur-
key, was he still a citizen Of Austria. owing
any allegiance ~aaywhere to her" Mr.. Marcy
that he didn't owe it to her in Turkey,
Mt least, and Capt. Ingram, to his everlasting non
or, threw over the man the GsiS Of the United
which protected his right of eNpatriation
-. IL L.. .,-It &c w. t-rniixot. -,