The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-07-21

in which for centuries the rights OF subjects
or citizens were developed, has not failed to
sxpel some 81 the miss which have encir.
cled the subject Of expatriation. EnglaDd,
which still sdberes to the old doctrine that
Der citizens cannot Of their own accord ex.
patriate themselves. has yet provided means
for the naturalization Of citizens OF foreign
countries in her midst her practice in this
respect denying her theory. Prussia. whilst,
we believe, she admits the right Of her
citizens TO expatriate themselves, claims
that she has right to impose the conditions
under which it shall be done So, through
out Europe, the views Of different govern
ments have become very dissimilar. One
more glance at the theory Of our govern.
ment, will serve to show that the conflict,
which we have cited as an example between
Prussia and the United States becomes not so
much conflict between their municipal Law
and our own as between their municipal law
and the natural right Of man, which, being q
natural right, violated in the person Of one
OF our citizens, the government committing
the trespass must be amenable under the law
Of nations 10 Our government. And first,
we may premise, that our government has
placed the right Of expatriation upon higher
and holier ground than that Of boon con-
ferred by municipal law. Upon two several
occasions bills have been presented in
Congress to provide for expatriation.
And while all acknowledged the right Of
our citizens to expatriate themselves both
bills were defeated; the most efficient argu.
ment used against each, being, that its pas.
sage might converta natural to civil right,
and thus place it in the power Of future
legislatures to prohibit it altogether. II
Congress could confer, it could take away
and the right Of expstriatiou was deemed
beyond the control of Congress, inherent in,
and natural right Of, every citizen of the
land. And this must evidently be the
opinion OF Gen. Cas- himself, for, in one
Of his late official letters, there occurs a
passage which be quotes with salts
faction-and which reads a. follows
Ia this age Of the world, the idea of
controlling citizen in the choice of q
home, and binding him by mere political
theory to inhabit for his lifetime country
which he constantly desires to leave, can
hardly be countenanced by any government
whatever The accomplished Cushing, too,
who comedies with the government 10 its
construction Of the rights of naturalized
citizens, seems evidently, in late letter to
Gen. Cas-, to advance opinions exactly in
opposition thereto, for he says: IL under.
stand that the doctrine OF perpetual and
absolute allegiance from which. as a source,
the denial Of the right Of emigration flows,
is not admitted by the United States that
me assertion Of The right Of self repatriation
o'bsr 10 the United STATES, or Merefron, IS
one Of The principles Of The fundamental iaw
Of NE tehoie Cn'on, and Of each one of the
States. that the right of emigration IS Of
WarsrSdi natural iar."
II then the right Of emigration is of
" universal natural law" and the law Of
nations being "q,lod natuails ratio inter
omnss homnes conittud," and the United
States in Obedience TO this universal natural
law, have enacted naturalization laws, it is
both their right under the law of nations TO
protect their naturalized citizens, and their
duty to do so under our naturalization laws.
There is nothing in the international code
that prohibits the right Of expatriation and
il, as has been always claimed by the govern.
ment, il Is o! universal natural right-it is
as much OF necessity protected by interna-
tional law as il is of necessity beyond the
reach OF municipal law. Upon this subject
OF expatriation there have been between
nations no compacts, treaties. leagues, or
agreements; consequently it is left to be
decided, in the language Of Blackstone,
by the rules Of natural law; = and the
United States, in applying such rules.
must be false to the theory always held
by this government, should it fail 10 come
to the conclusion that the universal right OF
must be guaranteed by the
international code. This must inevitably
be the construction placed upon the law OF
nations by the United States; and in the
even, of different Interpretation being Civ.
en- by European nation, affecting thereby
the rights Of any Of our citizens, native or
uaturalized, this country would stul,ify all
its past history, did it not, il needs be, draw
the sword 10 their defence. And will this
government, who maintained for years a war
against one OF the strouges, governments on