Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1867-12-31
THE RIGHTS OF NATuRAL1zED
CTTIZENa

CITIZEN6.
The recent trials OF persons by British
Courts, who we're refused certain legal
privileges claimed by them as natural-
lied citizens Of the United States, has
caused q number of large meetings to
be held in this country, with u view to
procuring such Congressional action as
may establish u clearer understanding
Of the subject in the future. The same
point was referred to in the Presidents
Message, when he called attention to
the anomalous condition of naturalized
citizens Of the United States when they
return to the countries of their birth. II
is certainly time that some authoritative
declaration wero made on the subject
BY Congress. During our whole exist
euce as a nation this question has been
one Of direct conflict between our Gov
erument and some Of the Governments
Of Europe, and on several occasions it
was feared tina, it might lead to serious
difficulties. Among the earliest of our
laws are those on the subject Of natu-
ra~lization, those laws being provided
for in the Constitution itself. Their
liberal character, with other great ad-
vantages offered in this country to peo-
pie Of other lands, have been the Q
Of bringing to the United States that
immense immigration that has increased
our numbers faster than ever WAS be-
fore experienced by any other country.
The encouragement of immigration, by
means Of liberal naturalization laws,
has therefore become a part Of our
established policy. In return for natu-
ralizatiou we exact allegiance, and the
faithful and full discharge Of all the
duties of a citizen. And VIC exact even
more than that, for before an alien can
be made a citizen, he is required to alb
jure and u all allegiance to any
other sovereign or State, and particu-
larry to the State or kingdom Of which
he is q native.
In addition to the naturalization poll
cy already referred to, tho public men
of this country have always maintained
that it is a natural and iudefensible
right Of every man to leave the country
of which he was a subject, his
old allegiance, and transfer it to the
country Of his adoption. For the whole
of the present century this has been
known as the right of repatriation"
But it is at this point that the publicists
of the United States and the practice Of
European Governments come into con
fict. The common-law doctrine of
England is, that allegiance is perpet-
ual," and under this the Government of
that country claims a continuing alle-
glance in every native-born subject, no
matter where he may be, nor by what
act he has shown his intention to be no
longer a subject of England, even if he
has become a citizen Of another country.
Under this theory the British Govern
ments claim a right to the military ser
vice and the discharge ofthe other duties
of a subject, of all persons born in Brit
ish territory. 1t vas on this ground
that the British Government claimed the
right Of Search" and did for many
years intercept American vessels on the
high seas, in order to take from them
persons claimed as British seamen; and
il was on the same ground that is threat
eued, during the war of 1872, to execute
as traitors" all the prisoners Of Brit
ish nativity captured from the American
armies. But the right of search being
resolutely and successfully resisted by
our Government, it was quietly aband-
oned, and the threat to execute prison
ers Of war was never carried out. The
dispute, however, has never been author
itatively settled.
On the continent of Europe similar
claims of perpetual allegiance are made.
In France, and in most, if not oil Of
the States of Germany, every native
born male is held to w a certain mill
tary service to the Government, and
that said service always remains q debt
until satisfactorily discharged. If the
subject has not performed the service
before he leaves his native country, he
may DO made to perform it If he ever
returns. 1t is on these grounds that
the British Government refuses to re-
coguize the plea of American citizen
ship when made by any of her native
born subjects that have been natural
lied here; and it is on the same grounds
that continental Governments have at
tempted to exact military service from
n~aturalized American citizens, on their
return to their native countries on the
continent. So far as England is con-
cerned, her practice has been most con-
Trajectory and arbitrary, and utterly in
consistent with her c~ommon-law the
ory; and on the continent the claim Of
continuing allegiance, and the denial of
the right Of repatriation is in the face
Of the Roman law from which they de-
rive their civil polity, directly contrary
to most of the great writer's on natural
law, and has no law to uphold it but
arbitrary power.
Still they continue to practice on the
old feudal idea. The ground taken by
our Government was distinctly announ-
ced by Governor Marcy and General
Cass when in the State Department.
The latter, in 1859, sent instructions to
our Prussian minister on the subject.
It was explicitly stated that the Ameri-
can Government sis opposed to the doc
trine of perpetual allegiance, and main
tains the right Of expatriation and the
right to form new political ties else