The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-07-15
From the Constitution.
THE NATITD OIfE

So much misrepresentation prevails in reference
to the views of the Administration this question:
that we embrace the opportunity furnished by a
practical case, which has recently arisen in the
Kingdom of Hanover, to refer to it again.
The case Is that of naturaZed citizen of the
United States who is native of Hanover, and who,
when he left his native country. was neither in
actual service in the Hanoveran army nor had been
drafted to in it, but who has yet, upon his
return to Hanover, been deprived of his liberty and
! compelled to do military duty.
The Intervention of our Government having thus
become necessary, the whole subject of the rights
of our naturaized citizens has received the renewed
and careful consideration of the President and his
views, well as those of his entire cabinet upon
this important subject, will be found in the follow
! ing extract which we permitted to make from
| despatch transmitted few days ago from the De
partment of State TO minister Berlin in rela-
| ton to the referred to:
The right of expartriation cannot at this day be
| doubted or denied in the United States The idea
| has been repudiated since the origin of our
Government, that man is bound to remain forever
IN the country OF his BIRTH and that he has no right
to exercise his free will and consult his own happi-
piness by selecting new home. The most emf
nent writers public law recognise the right of
expatraton. This only be contested by those
who in the nineteenth century still devoted to
the ancient feudal law with all its oppression. The
doctrine OF perpetual allegiance is relic of barbar-
ism which has been gradually disappearing from
| Christendom during the last century
The Constitution of the United States recognises
the natural right of expatration, by comforting up
on Congress the power "to establish uniform
rule of naturalization" Indeed, it was one of the
grievances alleged against the British King in the
Declaration of Independence, that he had "endea-
| vored to prevent the population of these States
for that purpose obsructing the laws of naturaliZa
ton OF foreigners, refusing to pass others to en-
courage their migration hither, &c, &c. The Con-
stitutiOn thus clearly recognises the principle of
repatriation in the strongest manner 1t would
have been inconsistent in itself and unworthy of
the character of the authors of that instrument, to
hold out inducements to foreigners to abandon their
native land, to renounce their allegiance to their
native government and to become citizens of the
United States, ii they bad not been convinced of
the absolute and unconditional right of expatria-
ton Congress have uniformly acted upon this
principle ever since the commencement of the Fed
eral Government. They established ga uniform
rule of Naturalization nearly seventy wears ago
There has since been period in our history when
laws for this purpose did not exist, though their
provisions have undergone successive changes
The alien, in order to become citizen, must de-
clare on oath affirmation that he will support the
Constitution of the United States; and, the same
time, he is required to absolutely and entirely re-
nounce and ALLURE all allegiance and fidelity to ev-
cry foreign prince, potentate State sovereignty
whatever, and particularly, by name, the prince,
potentate, State or Sovereignty whereof he
before a citizen.
The exercise of the right of naturalization and
the consequent recognition of the principle of ex-
patriation, are not confined to the Government of
| the United States. There is not countrv in
Europe, / believe, at the present moment where
| the law does not authorize the NATURALIZATION of
foreigners in one form other. Indeed in some
of the countries this law is more liberal than our
own towards foreigners.
| The question, them arises, what rights do our
laws confer upon a foreigner by granting him ma
turalization? L answer all the rights, privileges
and immunities which belong to a native born
citizen in their full extent with the single qualif-
cation that, under the Constitution, "no person
except naturalborn citizen is eligible to the office
OF President. With this exception, the natural
lied citizen from and after the date of his natura-
cation, both at home and abroad is placed upon the
very same footing with the native citizen He is
| neither in a better nor a condition If a
native citizen chooses to take up bis residence in
foreign country for the purpose of advancing his
fortune or promoting his happiness, he is whilst
there bound tc obey its municipal laws equally with
those who have lived in it all their lives. He goes
| abroad with his eyes open and if these laws be
arbitrary and unjust, he has chosen to abide by the
consequences Ii they administered in an equal
spirit towards himself and towards native subjects,
this government have right to interfere author
itatively in his behalf To do this would be to vio-
late the right of an independent nation to egisate
within its own Territories. If this government
/ were to undertake such a task, we might soon be
| involved in trouble with nearly the whole world
10 protect our citizens against the application OF
this principle of universal law in its full extent
have treaties with several nations securing exemp-
ton to American citizens when residing abroad
from some of the duties required from their
own subjects. Where such treaty exists and an
American citizen has committed crime or incur
red penalty for violating any municipal law
whatever of the country ofhis temporary residence
he is just as liable to be tried or punished for his
OFFENCE, as though he had resided in it from the
day OF his birth. If this has not been done before
his departure and he should voluntarily return un.