The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-07-19

Hfsh' OF GNFatrfattOA.
WASHINGTON, Monday, July II. 1870 At
toruey General Black. has in comn,i,nco
with The request OF the President of the Ifnitea
States, rendered an opinion la the case of
Christian Ernst, native of Hanover. and who
"m'graird 20 ms conntfyin ISL when he eas
shout nineteen YEARS Of age. This subject Was
'H'"pIlA made lie basis or d Communication
70 oar Minister NJ Berlin Who Was ins,fustfd
to demand the release Of Mr. Ernst
Il appears that he was naturaIized last Fob
THarN, and IN March, after procuring n regular
passport. he went hack to Hanover on a tenn
r"IaE} visit He had been in the.piliage where
Hf was born about three weeks. ,Ylpnn le, was
..IcNI'd, carried 10 the nj.alrat u.ilitaIt Sta
ION forced into the Hanoverian army. and
here ne Is at the present time unable to re-
tUgn nome 10 his family and business but
compelled against his VIII, TO perform mill.
AIRY service
The Attorney General saws that this is n
case which makes a. necessary for the Govern.
ment of the I nito1t States TO Interfere promnt-
y ana d"ciSiveiS, or acknowledge that we have
no power 10 protect nsturaIized citizens when
new return 10 th2tr native country, under any
''rcH'ns tances whatever What YOU " i'll do
must, or course, depend upon the law of
GUY own country. Is contrQllpd and modified
ny tNT 4dW OF HrtfNu$ IN t.,uS,inrtio,4 ~ tb,
/ nit"d states, and IL" acts of Congress
he natural rights OF every free perSon who
OWES no orbtS ana Is not guilty of any crime to
"FNe IN" country othiS birth, and in good faith
ana Tor an honest purpose the DriviIaca ~
throwing OF his natural allegiance, ana Srb
Hb'h'lhE another allegiance in lis Dlacc. IN.
general right, in one word of cxpatri,.iop j.
HcnniGsiielc- / know that the common law
81 England denies il. tina; the {udirial dc;
slonS q! that country arr onpolnd ~ !. ~,
mat some OF orr own courts uIisIed nv R,;tish
sn'hufltA, have expressed Though not ,I,ri
tlt,lH,l ''e same opinion. But ali this Is very
!aHifoA settling TIE question III uirpitin,l
no." 81 nEiand Is not one Of the, sn,rrre f,,,,,
winch we derive opr knowledge of interua-
"o4A' law. We take it from natural reason
ana !"~t''e from writers of known wisdom
ana from me practice OF civilized nations All
th"Sr are opposed 10 the doctrine of perpetual
hil'E|'her. II l. TOO Injurious 10 the general
interest OF mankind to he tolerated Justice
denies That men should either he confined tn
ih"r native soil or driven away from,
IL against their will. A man NAV be either
eNtIed or imprisoned tor an actual offence
against the Ia" Of his Cotntry' but being horn
n IT, - not i crime tor y hIch either punish
m"ut can he Justly inflicted Among writers
on pHhiic law. the prcpouderance i'll weight of
authority, rs we'll As the majority in number
concur WIN cicero, who declares that the
right OF cNpdtrlatioE is the firme.t foundation
at human Freedom, and with Bvnkcrshock
VINO utterly denies thai the territory of a State
- ihe prison of her people
II pEtc'c. no nation Oh earth walks or
rNrF ana walk, hy the rule Of the common law
/. the countries OF Europe have received and
adopted aud naturulIzed the citiZrrs of one
'"olher. They have all encouraged the immi-
grafton of foreigners into their territories and
many Of them have aided the emigration of
hrIG own people. The German States have
Soncrraed me existence of the right
~ mANihg laWS to regulate its exercise
SPAN ana The Spanish American States
have always recognized it, England by
q recent statute. & and EicD has
established i permanent system Of naturaIiza-
non IN me very teeth OF her common law rule
France mas done the same. and besides that
has declared IN the code Napoleon. art. NJ
that IN" quality of Frenchiuan viii be LOST
Fl" DECENTRALIZATION IN Il foreign country. There
t. no government IN Europe or America
which practically denies The right Here. in
the United states, the thought Of giving il M
cannot be entertained for Il moment non
mat principle TINS country was populatrd-
We owe to II our existence Is Il nation Ever
since our Independence we have uDhe1d and
maintained IL by every form of words and
q, iS- We htNe cons family promised fun and
complete protection 10 all persons Who should
COIN" here and seek it by renounciag their nat
urai allegiance and transferring their fcalty
Io us. We stand pledged to it in the face of
the whole world Upon the faith Of that
pledge. millions OF persons have Stakcd their
most important Interests. Ii we rcDudiate il
now, or spare one atom OF the power which
may be necessary to redeem it, We shall be
guilty otpcrftdy 50 gross. that no American can
witness II without & feeling Of iutolrrable
shame.
REPATRIATION include not only emigration
"ut 0t ones natural country, but naturaliZa-
NoE IN tn" country adopted As a future resi-
GVnCe. W hen We prove the right of q man 10
r-patTiate himself. we g. tabli>h the lawful au-
thpTty of The country in which lie settles to
naturalIze him. il the Government pleasrs-
What, then. IS naturalization ! There is no
dispute about III" meaning of ii. The drriNa-
uOu OF the word alone makes it plain All
photographers and all iuriStS define il one
way. In lis popular chronological and lawful
SENSE II signifies fhr get ef Glpyting n JOysieu-r
mt clothing hin' 'out nj M- pririi,ge5 df Il nc
;fr. C1ff1F1 or AH. lEcf.
There can be no doubt fhat naturalization
docs Pro fdrio, place the native and adopted ci-
fIzeI! in precisely the same relations with the
Government under which they live. except SO
far A. III the express and positive law OF th.
country has made udistIHction in favor of one
or The other. In some countries immigration
has been 50 encouraSrd by giving to adonted
citizens certain llnmunities and privileges nor
enjoyed by natives. N most. however polili-
cai laNor> have gone The other way. Here
none but native can bc President In some
OF Our States foreign born citizens are ineli-
Rlhl" To th" office of Governor. ana liz one OF
them they cannot even vote tor TWO Years at
ter they are uatHraIizrd. But if these res tric-
tons had not been expressly maCt. by positive
enactment They certainly would not have e1.-
lSt.d.
In regard to the protoc ION Of our citizens in
Their rights ~ nom" and abroad. We have no
law which divides them into classes rmakrs
any difference Whatever between Them 4
native and HaturaliZed American may there
fore 20 forth with rqU al security over every
sea and through every land under heaven.
including the country III which the latter
WAS born. Either of them may br taken mn
under a debtcontracted. or a crime committed
10y himself; but both are absolutely free
from all political obligations 10 every curin-
Try but their own. They are both of Them
American citizens, and their exclusive ale
glance is due to the government of the United
States. One of them never did owe teaIty
elseWh here. and the other, at the time of his
naturalization, solelnnly and rghtmlly, in
pursuance of public law and municipal regu-
lauon, threw oil, renOunced and abiured for
ever, all allegiance tocvcry foreign prince, po-
4
especially 10 that sovereign whose subject
he had previously been. Ii this did not work
solution Of every political tie which bound
nm 10 ms native country, then our naturali-
eaton laws are q bitter mockcry. and the oath
we administer to foreigners is a delusion and
Il snare.
There have been, and are now persons ola very
nigh reputation, who hold that a naturaliZed cit
lIen ought 10 be protected by the government OF
MS adopted country everywhere except in the
country OF m- birth; bur II he goes there or
Is caught within the power of his native SOW
eTeign, his act OF naturalization NAV be treated
as mere nulli'N. and he will immediately
cease 10 have the rights of an American citi-
zen. Ihis cannot he true II has no tuGnda-
non 10 rest upon (and lis advocates do not
pretend that IT has AMY eXcppt the dogma
which denies altogether the right of eynafrja
zion without the consent of his native soye-
reign, and that IL Huteuablc as | think ] hay.
already shown. Neither Is this view support
ed by the practice at the world. | need not
say that our naturalization laws are oppnsad
30 it in their whole spirit, as well AS in their
express words The States of Europe arpalso
practically committed against 1t. No govern
ment would allow one of It's own subjects TO di-
vide his allegiance between itand another SOW
erelgn, for they all know that no man can
serve two masters. Ia Europe. as well
here, the allegiance demanded of j naturaliZed
citizen must have been always understood
as exclusive. There not many cases on
record; but what few we find, are uniform and
clear. One Albert, a Frenchman, naturaliZed
here, went back, and was arrested for an Of