The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-15
TIE NATURALIZATION QUESTION.
Important Despatch Of General Cass.
from the Was g,on ConBtitaIon Of July H.

g much msappeheDsion prevails IN reference 70 Inc
y,ess of abe administration this question: that we en-
BRACE the opportunity urnsned by pracucs case, which
sas recently in the kingdom Of Hanover 70 refer
he case "a thu. Of a ns,urazed citizen Of the United
sfstee who s . native Of Hanover aud Who when he
Ieit Al. naive country neither 10 actaa servi in
me Hapoveran army nor mad drafted 10 in it,
bui mas YET upon his return 10 haa0ver 6een deprived
s bis liberty snd clepsed V 20 $500 usy t,rs ,o
come nee. ssay the whole subject Of the rights oil our
AauJazed cazeDs Gas received zoe renewed an Isul
topsCsrston o. the President aud ms Views ss Wen az
ros Of his entire CABINET upon this impoetsn, subject,
vii oe found in the folowing extract which 80 are per
xpnx,d 10 maze from despatch aIsiated lew Gays
$40 fom The Department OF STATE 10 Var Minister ~ Def
IN 10 re a. 10 the case reitrrea 70 81, ,., -.
Ee impossible To add anything 70 'ne hrsps'u a'1
sespss OF th statement; and ss are persuaded 'al u
viii meet the fall o. e'ery felectas Man IN
ExrnAcr or 4 DESPATCH FROM TIE DEPARTMENT OF srArE
10 THE MINISTER THs UNITED STATES AT BERLIN,
DATED JrIY s. 1853 .
Ts T,eSt exoatratou cannot st this day be doubted
or denied in tie United states roe idea has beea rep1
es,en ever since origin OF our government tnas
man IL boupd TO reusn forever country OF nis
BIRTH sno that be bss right TO exercise bis free ~
and consult hls own bsppness oy selecting neF hame
Tue most eminent writers on pnoc ID y recoguise the
g.,hL expairaiion. chis can Only be contested by
those who the pe,eentn century, are s devo.ei 70
Nh. spcnt Seuaa law VITA al It's oppression. fne a1c
Gine perpetual allegiance relic O. barsartsm Shsh
has been gradually disappearing from Cnrstendon
saIrg the last century.
tlIA right OF xpatstion, by eopeEsns upo1 congress
sne power establish anoem rule OF nIlGr -L.ton
10 eco, or ibe grievances alleged against ne
British King the D5caraion OF Independence that ne ns1
iebdeavnred 70 prevent the popuason OF these saves
or .aay purpose oosguctng Tue Avs OF natrazioh Oh
oregpefs refusing pass others 20 encourage as mi
stanon hnher ;" SC &c The consultation clearly re-
SognZss Ihe principle OF expatrison IN the sronses.
manner would nave been lncons's'ent IN ltsen sna
auVorhy character OF the authors Of that ns'ru
bold out induce mens 10 foreigners to abandon
their aad 10 renounce their allegiance 10 their a
tive government TO become citizens OF the United
VI thew had ns been convinced tee absolute ane
uuco diti nal right OF expiration Congress have Uni
iosmy upon this principle ever since the com uence
men. Of government they established "a uni-
form rule OF naturalization nearly seventy years ago
ree has since been no peIed ID our history wnsn of
did rot exist, though their provisions naveen-
aersope successive changes The alien II order 70 become
si1sn, must declare on oath or affirmation that ne VIII
support the CONSTITUTION Oh me onie,o StAss ELY, :.
TIE time, be required TO absolutely and entirely
ami abjure AL aeaisnce and niehy to every
foreign prince, potentae, State or sovereignty whaever
anc particularly by the prince potentate, STATE
Gov. reigaty WHEREOF he was before q ctizen
ire ex.icse right Of liop sud the con-
seauebt recognition OF the principle OF expIraton are
Los conaneo TO the government OF tue ohlea osa'es
fneTe 10 nos country U europe osueve az te present
Doneot, where TIE Ia" Goes not an'norZe tne
hop Of foreigners in one form or other lcdeed IN GONE
OF hese countries tins law ID more liberal IMAM our owe
to~arcs foreigners
he qt'iop, then arises "HAs rsi's oo Jul IAHs Con
Ter upon foreigner oy granting MIN haIurAlH!onf
aps~er, all the Tights, privileges and immunles ~nsn
beEorg 10 paiive bora cZen, IN tne'r lu excect Win
shs single quslhcauon tnat anVer ne consttutioh no
person except natural born citizen ' ehgbe 70 tns
Office OF PIesdent.' With this exception the naSGraHZed
citizen from and after the date OF his n.turaiz lton both
h,me and Abroad placed upon the very same footing
with the native citizen He neither ID better
condition. Ii native citizen chooses TO take Up his
resdence in foreign country Tor the purpose OF al
ysuc,pg bis fortune or promoting bis happiness, be
whns. there bound to obey ITS municipal laws equally
with tboee who have lived IN al tneir lves. lie goes
abroad with his eyes OPEN ana these Avs De orary
and unjust he has cbesen 10 abide by the consequences
they administered in an equal sptrit toFards
hmssI and towards native subjects, this government
have no right TO interfere authoritaiivey N MS be-
haf To do this would be 70 violate the right OF an
independent patton 10 egsae within its own rorritorieG
II this government were TO undertake auch task we
might coon he involved IN trouble Win nearly tne ~noe
world TO pfotec' our cuzehs ag-ns. e apppcN on Oh
exIes With several baons securing exemption 10 Anne
CITIZENS when RESIDING abroad from some OF the
required from their own subjects. Where
such treaty and an American czen nas com
nrtle6 a incurred pepgiey for violating any
municipal law whatever Of the country of his temporary
resioence he is Just liable be tried aud punishe1
his off nee IS Trough he resided in dag
bn II tbis nas not been done before his departure
and he should Voluntarily return under the same j1rs
dction may tried ant punished for the Often je
upop principles OF universal lev. Under sccn ciroum
siaaces person would think Of contsndng that an
termedia.e residence in MS own country for years
would derive the government whose laws he mad yio
lated the power 70 enforce their execution fne very
saDae principle o.her, applicable 70 the
paturszed citizen SHOULD ne choose to return 20 bis
native country. In ipat case, ne bad commiaet N
the law before his departure, he Is respon
sole lor II in the the native Aueric
citizen to whom have referred Ia the language of toe
ls,. Mr Marcy letter Of the lmn January, 1854
Jackson, then our Charge d'af4res TO Vienna,
wben speaking OF Tousg's case "every nation, when
ever its laws are violated oy any owing ope4ienoe
them, whether he be q ciEep Stranger mas right
uiot the penalties incurred upon the tanseTessor II
iouno within its jurisdiction" THIS princple s TOO
well established 10 admit OF serious CONTROVERSY If
one Oh our native naturaizsd expo2e
himself 10 punishment by OF offence
sgainst any Laws State national and afterwards
become raturalzeo subject Of foreign country, he
would rot have tue hardbood TO contend, upon voinn
tary returning wiLhn jurisdiction, that ms Dat1rs
izat.on relieved him iron punishment due his
csioe: mucn less could ne appeal the government Of
his adopted country TO protect him against his respors
binty - the United Sases any Of the States Ton
government Tor moment hEten TO such ar
appeal
Whilst these principles cannot be contested great carr
should be taken Ii their application, especially
naLuraizsd citizeus The moment foreigner become
paIurazed his allegiance his native county
forever Be experiences political BIRTH. broas
and ipas cable line separates hs native
Try. De ~ no respon Ibis Tor any hiog he may
or do, or omit TO say DO, aftsr ASSUMING
big new character, than IL ne had been Dor
10 the United States Snou1 be return TO bu