The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-06-23

| ADleI1c0n cLtizeIl. 1t comedies 10 every country
the right to protect any and all who may be
| clothed with its nationality"
Whenever, by the operation of the law of
nations an individual becomes clothed with our
national character, be he natiUe- born or 'aatU-
rallied citizen, an exile driven from his early
home by political oppression, or an emigrant
enticed from it by the hopes of a better fortune
for himself and his posterity, he can claim tie
protection Of this Government, and 1t may re-
spond TO that claim tciti0m being obliged TO er-
plain its conduct TO any foreign Poper; for it
is its duty 10 make its nationality respected by
other nations, and respectable in every quarter
of the globe"
In the above extracts Mr.. Marcy lays it down
broadly, without reservation, that protection is
due to all citizens, and to all who are clothed
with our national character" The following
extracts explain this expression. 1t will be
seen that it embraces not only native and nat
uralized citizens, but all who reside in this
country. 1t includes foreigners who have
legally declared their intention Of becoming
citizens, or who have resided in the country and
entered into any business by which they may
have acquired domicil. 1t embraces also, free
negroes. They are clothed with American
nationality" though in the view of Mr.. Marcy
and his party, they are not incorporated into
its political community" He says:
" The establishment Of his domicH here in
vested him with the national character of this
country, and eith that character he acquired
TIE right to claim protection from tie United
States, and they had the right to extend it to
him as long as that character continued
The next question is, was Koszta clothed
with that character when he was kidnapped in
the streets of Smyrna and imprisoned on board
of the Austrian brig of war Huszar? The ma
tionaL character acquired by residence remains
as long as the domicl continues; and that con-
times, not only as long as the dOmicited person
continues IN the country Of has residence, 6ut
until he acquires IeU dOmiciL The law as
to the continuance and change Of domicil is
clearly stated in the following quotation from
an eminent jurist:
They would have no cause to complain, if
the protecting Power should stand upon its ex-
IRENE rights in all cases; but that Power, in
aischarging its duties of protecting, may, for
sufficient reasons, have some regard for the civil
distinctions which its own laws make between
the different classes of persons to whom it has
the right under International law, to extend its
protection. 1t will naturally watch with more
care, and may act with more vigoT, IN behalf of
ndtiUe-born and ndtltrdlized citizens than in
behalf of those who, though clothed with its
nationality, have not been so permanently IN
corporated into its political community
We call especial attention to the fact that Mr..
Marcy invariably places the rights of native and
naturalized citizens on a footing of perfect
equality. He draws no distinction between
them. 1t is only the inchoste citizen who has
merely declared his Intention" or the mere
denizen, as the alien resident or free negro,
who have an imperfect right to protection. But
the right of the naturalized citizen is absolute
and complete.
it will be noted, also, that Mr.. Marcy lays no
claim % originality. He merely undertakes to
present tho ~, transitional law, and more than
once he admits that the c ~Nse must De decided
upon principles of international law. Ahere Is
certainly wide divergence of opinion betwet.'
him and General Cass on this question, unless,
indeed, the latter is willing to concede that this
Government cannot maintain its international
rights against the Despotisms of Europe
1t Is needless to say that we entirely coincide
with the views taken of this subject by Mr.
Marcy, and that we utterly reprobate the pusil-
luminous position in which the country is
placed by the present Administration. The
despotisms of Europe would not dream of main
tanning the right to muster American citizens
into their military service in the face of stern
resistance. General Cass and Mr.. Buchanan
have made disgraceful surrender of the ma
tional honor, and abandoned the rights of Amer
lean citizens to the ruthless conscription of Eu-
ropean tyrants.
In order to show that we have no newborn
zeal in this cause, we make the following brief
extracts from an article which accompanied
the publication of Mr.. Marcy's letter, in 1853
From the National Fra of Oct. 6, 1853
The dogma that allegiance is an indie
structible tie, that it is in the nature of con-
tract to be dissolved only by mutual consent,
| is denied, and the true doctrine 10 firmly as.
serted, that the citizen or subject, having faith
fully performed the past and present duties re.
sultlng from his relation to the Sovereign Pow.
er, may at any time release himself from the
obligation OF allegiance, freely quit the land OF
his birth or adoption, and seek home where
he pleases. The right to withdraw from the
jurisdiction of Power which does not answer
the ends for which it is bestowed, or has be-
come oppressive to individuals, is similar il
principle to the right which legitimates resist
ance to tyranny.
These doctrines, boldly asserted By Mr.
Marcy, however unpalatable to Despotism, will
find warm response from the People every
Were, and not the less prompt, though the
clearly apply to the subject of personal SLAYER
as well as to that of political Despotism.
= Such are the principal positions taken il
this impartial document positions, we pre-
sumo, to which the American Government j
irrevocably committed. We do not see no,
our Government could take any lower grount
without degradation
Such were the views of the National Era 81.
years ago. when it sustained the action of
Pro-Slavery Federal Administration and sue
they remain at this day, when succeedin
; Pro-Slavery Administration has weakly an
} pusillanimously backed down from the positio
i of its predecessor
, The highest ambition of the present party i
power is TO reclaim fugitive slaves. The right
of the stakeholder must be respected at an
sacrifice, but the rights Of the adopted citize
are surrendered without a ma.u,ur Errau
slaves must be restored to the plantations !
their rnastsrs, but Grant citizens of foreip
birth must look ont for themselves. Thei
families will appeal in vain to the Federal Go,
eminent, for its effective interposition in mair
tanning international law.
/ Since writing the above, we have seen anotl
er letter from General Cass on this subject, |
A. f. 'Hofer, of Cincinnati. 1t is a weak a
tempt to soften the abrupt note to Mr.. LIE Cler
but it only reasserts the bumiliating surrendt
: of the rights of naturalized citizens. He say: