The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-20
Attorney General Blacks Opinion upon Ex-
paAgiatl0n and Naturalization.

the request OF the President Of the Ualtet States.
rendered opinion in the OF Christian Erass,
native Of Hanover and who emlgra,ed to this country
In 1861, when he about ten years of age
This subject recently made the basis Of commu-
nca.ion to Minister Berlin who was instructed 70
demand the release Of Mr.. Ernst.
II appears that he naturaIixed last February and
In March, after procuring regular passport, he went
pAck 70 Hanover on q temporary visit. He had been
tho village where he born about three weeks whea
ne was arrested carried TO the military station,
forced into the Hanoveran army there no is Of the
present tme unable to return home 10 his family bu
e'ness but compelled against his will To perform military
service.
The Attorney General says that this Ia \ case which
makes necessary for tho government Of the United
bases 70 interfere promptly and decsvey or aoknow.
ledge that We hAvc power protect nAturaized ca
zens when they return to their native country under any
circumstances whatsoever. What you will do must a
course depend upon the law OF our own country a. ooa
troed and modified by the law of nations. the coassu
ton Of the United States and the acts Of Congress-
The natural rights Of every FREQ person who owes no
debs and is not guilty Of any crime TO leave the country
Of his birth and In good faith and for purpose
the privilege Of throwing of his natural allegiance and sub
stutipg another allegiance in it's pacethe general right
In word, Of repatriation is iucon.esble know that
Che common law Of England denies IL. that the judicial dec
sons Of that country opposed to it, and that Of
our courts, misled by British authority, have OK.
pressed 0hough not very decisvely) the opinion
But ell this is very far from settling the question.
The municipal code Of England is not Of the
sources from which we derive knowledge OF inter
national law We take from and justice,
from writers OF kno wisdom ana from the practice
| q civilized nations. All these opposed to tina
doctrine Of perpetual allegiance. II Ia too Injurious 70
the general interests OF mankind be tolerated Justice
denies that should either be confined their native
soil driven away from 1t against their will
may he either exed imprisoned for actual oeass
against the law Of his country but being born ia il Is not
crime for which either punishment can BIO justly in
| Bcted Among writers public law the preponderancs
weight of authority, well the majority in number.
with Cicero, who declares that the right Of
pa,riaon the 6rmest foundation of human freedom:
and with b nxershoek who utterly denies that the
| liiory OF State is the priaon of her people.
In practice nation earth walks or ever did walk
| By the rule Of the common law. All the countries OF
Europe have received and adopted and na.urazsd the
citizens OF che another They have all encouraged the
immigration Of foreigners into their territories and many
Ct them aided the emigration OF their people
The German States have cnceded the existence Of the
right by making laws to regulate Its exercise. Spain and
the Spanish American States have always recognized Il.
England by recent statute Il and Vic has establish
permanent system OF naturalization In the very teeth
Of her common Law rule.
France done the same. and besides that has Dc.
carea the Code Napoleon CART 1 that the quality Of
Frenchmsn wll be lost by naturalization IN foreign
country. There is 60 government In Europe or America
which practically denies the right Here in the United
States the thought Of giving 1t up cannot be entertained
for moment Upon tina! principle this country was popu
lated We to existence nation. Ever since
our inde pendence have upheld maintained it By
every form Of words and acts We have constantly pro-
should and seek by renouncing their natural
aaegiarce and transferring their fealty We stand
pledged to; the face of the whole world Upon the faith
Of ,ba. pledge millions Of persons have saked their
important Interests II We repudiatc il now spare
aom OF the power which may necessary to redeem it,
q
COP witness it without feeling Of ntoierable shame
Country but IN Inc country aaop.a
| as future residence. Wnen we prove the right Of
70 Of s IN WHICH tho 1w
ralze him, If the government peases WHAT, then, IL
naurslzstonp There is no dispute about the meaning
Of H. The derivation OF the word alone makes 1t plain
| All photographers and all jursts define 1t one way.
10 ia popular chronological and lawful sense it sigai
fees the act Of adopting foreigner and olo!hiog MIN
Toere be doub. that NATURALIZATION does, pro
o place the native and adopted citizen 10 precisely inc
same relations with tie government under which they
live except so far IS the and positive law Of
country has made distinction In favor OF or the other
In come countries immigration has been encouraged by
giving 70 adopted citizens certain mmuniies priv
'avors bave gone the other way Here but native
be President In some OF States foreign born
2eus are ineligible 10 the Office Of Governor and 10 OF
them they for years after they are
na!ui allied But these restrictions had been ex-
pressy made by positive enactment they certainly would
In regard to the protection OF citizens their right
NJ nome and ABROAD we nave no which divides them
into classes m,kes any difference whatever between
them native and naturazed American may, therefore,
forth r win equal security sea and through
the latter YVES born Either Of them may taken up
under debt contracted or crime committed by himself
but both are absolutely free from all political obligations
to every country but their own They both Of them
American citizens, and their exclusive allegiance due to
the government Of the United States One them never
bis naturalization solemnly and rghiuly in pursuance
| Of public law and municipal regulation, thfe9 OF,
rerourced end atjured forever, al allegiance every
foreign prince, potente, State and sovereignty what
ever, ard especially to that sovereign whose euoject
| he had previously been. II this did not work sou-
ton Of every political tie which bound him his native
country then our naturalization laws are bitter mock-
cry end the oath we administer TO foreigners decs!On
| and snare.
There have been and are now persons Of very high
reputation who bold that naturaized citizen ought DO
protected by the government HIS adopted country
everywhere except IN the country OF his nrb: bu, il no
goes there caught within the % yer of his native
sovereign lis act Of naturalization may be treated as
mere nuniy and he will immedis,ey cease to havs The
rights CT an American citizen. This cannot be true. Il
has 10 foundation TO rest pon (ind s advocates 90 not
preeed Tbs: it hsa snl except the eosma which denies
altogether the right OF expiration without the consent o.
bis native soveregn-snd that is unsenabe. as think
| beye already SHOWN.
world need say hat our naturalization laws ara
opposed 30 in their whole spirit well their ex
committed against it. No government allow one Of
its own ntjece 10 divide his allegiance between 1t and
ferve two masers In Europe, as we'll as here the a.
legiance demanded Of naturazed resident must have
been alxhy understood az exclusive. There
| cases record, but what few find uniform and
| clear One Albert, Frenohmao, naturalizet here,
went back ind arrested for offence against the
| military law, which none excep. French subject
| could commit; but he was discharged Yhen bis ma
| tonsl Character as American citizen was shown.
Mr. Amtber, native Of Bavaria, after being natural
lied in America, and living here for many years. deter
mined upon returning to his native country aud ming
bis original political eatrs. The Bavaisn government,
SO far from Ignoring hs naturalization expressed tousi
whether he could be readopted there But the most de-
csye fact which history the Of the Bril-
tsh and American governments during the war of 1912
The Prince Regent proclaimed as his determination that
every naive born subject of the British Crown taken pr
sonerwhe serving in the American ranks should be tried
| and executed o traitor 10 his lawful sovereign.
THIS was undoubtedly right, according to the common
law doctrine The King Of England had not given his as
sent 10 the expetriaOn OF those people. the Princa