The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-07-20

'TIOK-OPINION OF ATTORNEY GENERAL BLACK
In another part of this days HERALD we publish
the opinion of Attorney General Black on the
question Of expatriation and naturalization, and
the reader will see on reading this able aud well
considered argument that it fully sustains the
position taken by General Cass in his recent
despatch to our Minister at Berlin, instructing
him to demand from the government of Hanover
the release of Mr.. Ernst, who had emigrated from
that country when he was only ten years of age,
and returned on short visit last February, after
his naturalization here, when he was arrested
and forced into the Hanoverian army, in which
he is now detained against his will. Here is
clear Gaze for the interposition of our govern
ment. This youth could not have deserted,
could not have owed military service, and was
not drafted for the army. His arrest, after be-
coming a citizen of the United States, is high
handed outrage, and we trust that our govern
ment will not rest satisfied till he is delivered;
and if he is not surrendered that such reprisals
will be taken as may bring the government Of
Hanover to it's senses, and be a warning to other
European governments not to NEEDLE with our
naturalized citizens. This is to uphold the dig
of public law which lies at the foundation Of our
systematic right of repatriation; for it is ION this
principle the country was populated, and we owe
to it our existence as nation" 1t is the natural
right of every man, and no government can,
without violating the laws of nations and the
rights of mankind, punish its own citizens for
expatriating themselves and becoming citizen
of other countries.
The exposition of the Attorney General on
this point ia lucid, firm and decided. He admits
that the English judicial authorities, and some
American judges who have foolishly fol
lowed them, contend for the doctrine Of per-
petual allegiance, and consequently deny the
right Of expatriation. But he very properly re-
marks that "the municipal code of England j
not enc of the sources from which we derive our
knowledge of international law" Our govern
ment has steadily and invariably asserted
the opposite doctrine, rejecting the dogma,
that "once subject, always subject"
and that "the territory of a State is
the prison of her people" The English 60
vernment itself in modern times appears to
have arrived at the same conclusion; for, in the
reign of the present Queen, Parliament has passed
law establishing system of naturalization, in
the very teeth of the old common law rule.
France has not only done the same, but declared
in the Code Napoleon that the quality Of a native
citizen is lost by naturalization in foreign
country.
But Attorney General Black at the same time
holds with Gen. Glass; that if an cmigrant owes
debt in his native country or has incurred fine
to his government, or has deserted from its army,
his naturalization in America does not protect
him from the consequences on his return to his
native land. This is sound common sense as well
as public law, and the outcry that has been raised
against General Cass is but the voice of trucu-
lent faction wilfully disappearing his
opinions or the expression Of unthinking passion,
which is deaf to the words of truth and sober
ness.