The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-12-31
The Right of Expatriation-The Viz
ginia Law upon the Subject.

ginia Law upon the Subject
Some of the American papers have re-
produced very interesting commnnic"-
ton addressed to the London Times o!
HistoricuS," which discusses al iohs'n
the question of tho allegiance que os
man to his native lard. or inc i'en' '.
expatriation. This discussion grows oua OF
the conflicting claims set up by Great Bril-
tain and the United States to-the allegiance
of Tr;shmen who have become naturalized
citizens of this country. alstoricus
shows that England's claim to perpetual
allegiance is contrary not only to the Civil
code Of France, but to the Roman law
unon the same subject; and quotes pas
sage from BYNKERSHoEK to prove that no
such claim is maintained by any Govern
mept "where the State is not Jail" lie
adds that he "could, il need were, multi
"ply authorities to any extent, from BYN
"KERsHoEX down to WHEATON, to show
"that the maxim of indissoluble allegiance
"has no place in the doctrine Of public
CLAW. But it is unnecessary to do so, for
"no modern jurist will be found to dis
"pute the assertion"
Historicus" therefore proposes that
the law of England shall be changed so as
70 provide, with respect to expatriation:
"I. Every British subject should be al
lowed to withdraw himself from the State
H.. Of % S;uc1nip,;pn hic ritivpn-
ship.
90. Certain acts should be defined as
constituting in themselves O. forfeiture OF
citizenship, whether so disclaimcd or not"
1t is creditable 10 the craftsmanship Of
Virginia that her law has for years contain
ed both of these provisions. We quote
from the Code of Virginia, page "a:
Q. Whatsoever any citizen ofthis State,
by deed in writing executed in the presence
Of and subscribed by two witnesses, and by
them proved in the court of the county or
corporation where he resides, or by open
verbal declaration made in such court and
entered of record, shall declare that he re-
linquishes the character Of citizen Of the
State, and shall depart out of the same,
such person shall, from the time OF such
departure, be considered as having exer-
csed his right Of repatriation so far rs re-
CARDS this State, and shall thencetorth be
deemed no citizen thereof.
3. "When any citizen Of this State, be-
ing twenty-one years of age, shall reside
elsewhere, and in good faith become the
citizen of some other State Of this Union,
or the citizen or subject of foreign State
or sovereign, he shall not, while the citi-
zen Of another State or the citizen or
subject Of foreign State or sovereign, be
deemed citizen Of this Statc.'
These two sections coincide exactly
with /" Historicus's idea of what such a
law should be. HiStoricus" adds to his
suggestion above quoted the following:
1t would be necessary, Of course, to
make provision against a fraudulent eX-
patriation made for the express purpose Of
injuring the native State, and also for the
status of the expatriated citizen in case he
returned to his foreign home"
It will be seen that the second marked
81 paragraph quoted from our law applies
to aur citizens only "Yhile" they are citi-
ZenS Of other States. Their status upon thoir
return to Virginia is therefore the same
as before they left. And in regard to
fraudulent repatriation, or cxpatriation
intended or calculated to injurc the State
of Virginia, our law provides:
"No such act of becoming the citizen
or subject of foreign State or sovereign
and no act under the second section, shall
have any effect if done while this State
or the United States shall be al war with
any foreign Power"
"Historicus says to the Times:
"Do not let us be deferred from dealing
with this matter BY any notion that it
would embarrass the action Of the Govern
ment with respecs to the unlawful enter
prises Of the Anglo American Fenians.
The effect would be exactly the reverse.
The more clearly such men are recognized
as American citizens the more directly
responsible the American Government
would be for their conduct abroad; and
need not say that for their conduct in this
country foreigners are as directly amena-
BILE to our laws as native subjects"
Which last sentence contains a little bit
of law that many persons in this country
seem to have lost sight of. But this part
of the subject we did not propose to touch.
We have accomplished our object in call
ing public attention to the wise provisions
upon our statute book-we know not how
many years old, but certainly they are in
the Code Of lS49-iu regard to eXpetria-
ton.