The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-07-07
INTERNATIONAL LAW


Grafton of the views heretofore and elsewhere in
this days issue advanced on this subject. We
omit further particular reference to the Koszta
case, of which we treated atlength two weeks ago.
1t will be sufficient at present to allude to the
fact that in that case President Pierces Ad-
mnistration took ground Giametrically opposite
to that occupied by the present Administration.
Mr.. Marcy, the Secretary of State, laid it down
that not only naturalized citizens are entitled
TO the protection of this Government when trav-
elling abroad, but that mere denizens who have
come here and declared their intention of be-
coming citizens, or who have acquired domi-
ell, are entitled to such protection. The phrase
ology of Mr.. Marcy will clearly embrace even
free negroes, as their condition is defined by
the bred Scott decision. Even that down-trod-
den race could according to Mr.. Marcy and the
Pierce Administration, clsim the Intervention
of the Federal Government for their protection
What, then, after the high position assumed
by the Pierce Administration on this question,
will the world think Of the disgraceful abandon
ment OF it by Mr.. Buchanan and Gen. Cass
1t is humiliating to think of The Governments
of Europe will regard our public functionaries
as at once clustering br.ggarts and arrant
towards
We begin our citation of authorities with the
following, from the New Yozk Express, Know
Nothing paper The case rs stated is a strong
one, and we regret that is was not taken as
precedent by General Cas- instead of com
pletOly surrendering the rights of large class
of our fellow-citizens, even before those rights
were brought into questions9y foreign Govern
ments
"A PRECEDENT AGAINST SECRETARY CASS.
"The Koszta case is not the only precedent.
Here is what Mr.. Fillmore'8 Administration
claimed on our side, and what Louis Napoleon
yielded on theirs, only six years ago:
"Francis ALBERT, a native Of the Department
de Var, in the south Of France left there du-
ring the drawing of the conscripnon in 1899,
and was actually drawn a q cOnscript, and
was therefore an echdpe ~ la cOascription
He arrived at New Orleau made the usual
application for citizenship, ad was duly natu.
rallied in 1915. He was successful in business
in Louisiana, and in July, 1852, after an alb
sence Of nearly fourteen years, he returned to
his family in his native village, and, under the
vigilant police in France, he was arrested in
tweuty.f four hours after his return. He imme-
diatey wrote to Mr.. Hodge, the nearest Ameri-
can consul. The latter, that he might the bet
ter attend to the case, imny .diately requested
that MIR. ALBERT might be bre Ight to MarseleS,
which request was promptly ,cceded to by the
Generalin-chief commanding the military di-
vision. He was there brought before the ITi-
6undl de Gue1Te as an iHsOUHiS, and condemn
ed. Mr. ALBERT was willing to pay four thou
II I5t1+ -
would not allow him even to make the offer,
but, obtaining a rehearing Of his case, appear
ed in person before the TricURal de GHe,Te,
aud pleaded the case; and afl er two trials, aud
a detention of six months, he vas acknowledged
an American citizen, and otders came from
the Minister Of War at Paris, directing his re-
lease. Mr.. Hodge gave him ) passport, which
was ciSed by the police, and Rith which he re.
manned some weeks with his, family, travelled
through France, and embark ed at Havre, on
his return to the United State.
"The correspondence on Il. in the Depart
ment of State gives the full dNas of the case,
and Mr.. Everett, the Secretary Of State under
Mr.. Fillmore, on the Sd of Harch, 1855, 1.-THE
last day he was in ofice,) wrote compli-
mentary letter to Mr.. Hodge, in which he saws:
1.-THE Department was graf fed to learn that
Mr.. Allibert, whose arrest and Imprisonment as
the United States, as mentioned in your com.
munications, has been released. This is I'M
doubtedly due to the firm ami decided stand
maintained throughout the long controversy in
ysar official correspondence with the author
tiles on the subject.
80 1t is much to be desired tlat this case may
be considered as a precedent, As you intimate,
and that hereafter naturalizeu citizens of the
United States may visit France without danger
of arrest for military service. in this event,
hurtful source of irritation and unfriendly feel
ing will be avoided
"Now, if Millard Fillmore, Edward Everett,
Louis Napoleon, and the French Ministry in
1852 and 1853, decided that a Freedman
actually drawn as a conscript was exempt from
service because of his American natura' cation,
might not the present Admins -:ation, the par
excellence friend of naturalzedS 0reigners, have
looked into these latter and Ct course more
authoritative precedents, beiors writing their
lie Clerc and Hofer letters?
when the French Government Yields her
local laws, we ought not to for e our citizens
into her conscript service"
The Philadelphia Press quotes various author
tiles tending to show that the ri ght of expatria.
ton is no new dogma, but an old recognised
principle in international law. We avail our.
serves OF some OF JHeS6 auJDOrltleS.
The Greeks and Romans held to the right of
expatriation, and the high authority eff Cicero
is quoted as follows:
In the case of l.. c. Balbus, the subject came
necessarily under his notice. Balbus, an in
habitant of Gades, (Cadiz,) had been made
citizen by Pompey. His right to be thus natu.
rallied was questioned. He was defended BIZ
Cicero, in whose Grafton there are expressions
which indicate a liberal and generous spirit and
an ardent attachment to that liberty which the
friends and enemies of the orator were, at that
time, alike conspiring to subyert. "The whole
subject Of this controversy" says this distin-
guished philosopher and patriot, and Of my
address, belongs to the common right Of erpa-
triation. There is nothing in ii connected with
religion or compact; for 1 lay it down as an
universal truth, that there is no nation. In any
region Of the earth, however separated from the
Roman people by alteration and hatred, or
however united by friendship and benevolence,
by whom we are forbidden to make citizens Of
their own people.
90, glorious right by the Divine favor, OBJ
tanned for US by our ancestors in the commence.
ment of the Roman name by which no man
can be citizen of more than one Common
wealth by which no man can be compelled to
leave it against his win, nor remain in it against
bis inclination. This is the frmest foundation
of our liberty, that every man should have an
absolute power to retain or abandon his rights,
at his election"
Wicquefort, in the 18th section and lst book