Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-07-29
DAILY EMPIRE,
From The Washington Constitution, i4th inst1
Important Official Dooument--The Nat.
uralization Question.

uralization Question.
So much misapprehenslon prevails in reference
TO the views Of tho Naturalization on this ques-
ton that We embrace the opportunity furnishedby
a practical case, which hasrecently arisen In the
kingdom Of Hanover, TO refer to II again.
The case is that Ola uaturalised citizen Of the
United States, who s native Of Hanover, and
who, when ho loft his native country, was neither
in actual service In the Hanoverian army, nor had
beon drafted to serve In Il, but has yet, upon his
return to Hanover boon deprived OF his liberty and
compelled to do military duty.
The intervention Of our Government haylog thus
become necessary, tho whole subject OF the rights
ofour naturalized citizens has received thoreneWod
and careful consil loraton Of the President and his
views, we'll those OF his entire Cabinet, upon
this important subject, will be found In the follow
ing extract which we are permitted to make from
dispatch transmitted few days ago from the
Department Of State 70 our Minister at Berlin, in
relation to the case referred To-.
II IL impossible TO add anything TO the strength
and cloarnoss OF this statement and arc persua-
do1 that II will meet with the full concurrence Of
every rejecting man In tho country;
/ "Ertractof Dispoioh from, ihe Department Of
State 70 he Rfiaster 9f be United States AZ berlin,
dated Jnly 81 1859,
Tho right Of Repatriation can not at this day DO
doubted or denied in tho United States. Tholdea
has boen repudiated ever since tho origin Of our
Government, that man Is bound to remain for.
In the country of his BIRTH and that he has no
right toexorcsehis free will or oonsuthis own han
piness by selecting u new home. The NEST emf
nent writers on public law recognize the right Of
expatri0tion. This can only be contested by hose
who In the nineteenth century are still devoted TO
the ancient feudal law with all its oppression.
The doctrine Of perpetual allegiance is relic OF
barbarism which has been gradually disappearing
from Chris,ondom during the last century.
"The Constitution Of the United States recogni-
eos tho natural right expariation, by comforting
upon Congress tho power 'lo establish uniform
rule Of naturalization" Indeed, IL was one Of the
! grievances alleged against the British King in the
Declaration Of Independence, that he had "endoa,
vored 30 prevent the population Of these States
for that purpose Obstru0ting the laws OF naturah-
zation of foreigners, refusing to pass others to
courage their migration hither, &c, The Consti-
tuition thus clearly recognizes the principle Of ex-
| patration IN tho strongest manner. il would
have beon inconsistent in itself and unworthy the
character Of tho authors Of atinsrument to hold
out Inducements to foreigners toabandon their ma
two land to renounce their glance to their native
Government and to become citizens Of tho United
States it they had not been convinced Of the abso.
lutte aud uncondiuOnalright Of eXpat, ation. Con.
gresa has uniformly acted upon this principle ever
since the commencement Of the Podoral Govern.
ment. They established "a uniform rule Of natu-
ralization" nearly seventy years ago. There has
since hoen no period ia our history when laws for
this purpose did not exist, though Interpretations
| have undergone successive changes. Tho alien, in
order TO become citizen, must declare en- cath or
Affirmation that he will support the Constitution
of the United States; aud at the same time, no Is
required to absolutely and entirely ronOunce and
abiura all all glance and fidelity TO tvery foreign
plnoe, potontate, State or soyoreignwhateysr, and
particularly by name, tho prince, potentate, State
sr soyor .ignty whereof he was before citizen"
"The exercise of the right of naturnlizat on, and
the consequent recognition Of the principle Of OK
Ipltriiiion are not confined to the Government of
the United States. There is not u country in Eu-
rope, believe at tho present moment whore the
law docs not authorize the naturalization of for
cigners In como form or other. Indeed, In some Of
these countries this law is more liberal than ours
/ toward foreigners.
| "rho question, then, arises, what rights do our
laws confer upon a foreigner By granting him nat
urnl2ationl / answer all the rights, privileges and
immunitios which belong 10 native bora citizen,
IN their full extent, with the single qualification
/ that under the Constitution, mo person except a
natural-born citizen Is eligible to the office Of Pres
/ ident' HiLh this exception, tho naturalEed ciu-
zen from and alter the date of his naturalization
both at home and abroad, is placed upon tho very
same footngwith the native citizen. lie isneither
| in a better nor worse condition. If a native
citizen chooses to take up his residence In a foreign
country for the purpose Of advancing his fortune
or promoting bis happiness he is while there bound
to obey its municipal laws equally with those who
have lived in il all their lives. lie goes abroad
with his eyes open, and il these laws be arbitrary
and unjust, he has chosen to abide by tho conse-
quenee. II they administered In an equal
spirit toward himself and toward native subjects
this Government has right to interfere author
| itatve in his behalf. To do this would be TO vo
late the right OF an Independent nation TO lcgslate
within lts own Territories. If this Government
were to undertake such a task, we might soon be
involved In trouble with nearly the whole world
70 protect our citizens against the application of
this principle Of universal law, in It's full extent
We have treaties with several nations securing
D a mi a afNa >
abroad from some Of the onorous duties required
from their own subjects. Where no such treaty
exists, and Gu American citizen has committed n
crime or incurred penalty for violating any nlu-
nicipal law whatever ofthe country Of his tempo.
rary residence he is Just liable TO be tried and
punished for his offenso though ho had resided
in 1t from the day of his birth. II this had not
been done before his departure, and he should vol
UNFAIRLY return under thesame jurisdiction he may
be tried and punished for the oftense upon tho
princip pies Of universal law. Under such crcum.
stances, no person would think of contending that
au intermediate residence in his own country would
deprive the government whose laws he had viola
ted ofthe power TO enforce the execution The very
same prioeiple, and other, Is applicable to the
case of anaturazed citizen should he choose 10 re-
turn to his native country In that case, if ho had
committed an 0hense against the law before his de-
parture he ia responsible for in the same manner
as the native American citizen to whom have re.
terred. In tho language Of The late Mr.. Marcy, in
MS letteI OF tno lUtn OF January, lbJ1t TO Mr.,
Jackson, then Charge dAnairs to Vienna
when speaking of TouJig's case "eyery nation
whenever its laws violated by any ono owing
obedience 10 thtIn, whether he he a citizen or a
stranger hasa right to ineiot tho penalties incurred
upon tho tfansgressor II found within its jursdic
tion.' This principles too well established to ads
init ofserous controversy. lfone of our native or
naturalized eItizops were to expose himself pun
ishment by the commission of gionso against
any Of our aws, State or National, and afterwards
become naturalized subject of foreign country,
he would not have tho hArdh lod TO contend, upon
voluntarily returning within our Jurisdiction, that
his naturalization relieved him from tho punish.
ment duo to his crime, muoh less could ho appeal
10 the government Of bis adopted country 10 Jro-
toet him against his responsibility to The United
States or any OF the States. This unyernmsnt
would not for a moment listen to such an appeal
"h.!s these principles cannot be ontested, great
care should be taken in their application especial
ly 10 our naturali2ed oitileis. The Iaomeut a for
psneC becomes naluralzed, his allegiance TO his
native country Is severed forever. lie eyperiened
q new political birth. broad and impassable
liho separates him from bis native country. lie is
no more rosponsble for anything he IN may ssy or do
or omit 20 say or DO after assuming his new cbnr.
aGtor than II h0 had beon bora In the United Statss
Should be return to bis native country he roturus
! an AmoIlcan eitisen, and In no other character.
In order to entlle his original government TO pup
ish him for an oiiense this iuust have been COM
mitted while he was a subject aud owed Allegiance
TO that government. The oGenso must have been