The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-12-28
TRR 1LLEGIANCE QUESTION
"Historlsus" ON Amsriesn NsturSlIzS-


- "Historicus,v who, It will be remembered
acquired considerable reputation In England as
a writer on International law upon the various
points elected during the American civil war,
British subiectTn In a loag letter to the London
Times. "HistOricus" (Mr HarcourD writes
under the influence Of the telegraphic abstract
OF President Johnson's message relative to the
principles upon which the English Government
bases It's claims Of British citizenship, and the
inability OF an English subject to expatriate
himself. ... ..
First, Mr.. Harcourt endeavors to ascertain
who, according TO the law of England, is a ma
tural- born Brush subject, and as such entitled
TO the protection of the British Grown. The
simple doctrine of the common law is that
every man born within the domintons OF the
Crown is born within the legiance of the Grown
and IS British subject, whether the parents
are British subjects or aliens. BY statute Of
George III all children of natural-born Brtish
subjects born abroad were made natural l-oorn
subjects. The maxim of this indissOluble ailegi-
ance which is here laid down has no place ia
the doctrine OF public law. IL had its origin in
system which is obsolete, and found It's applica-
tion in condition Of society which has passed
away. ...
A new order of things has arisen. That great
and never-ceasing tide of emigration, in which
the sons of English soil seek in other lands a
fortune which the limited resources OF their own
country deny to them. is a phenomenon for
which the conceptions OF the feudal Law made
no provision. The consequence is, that the
English Government is in the presence of poi-
tcal facts which are wholly irreconcilable with
any legal theory.
Mr.. HarcouIt says: - 1t is in vain that we
proclaim the doctrine, Memo pOtest ebuere
PATRON, while year by year th Ousands and tens
of thousands of our subjects are transferring
their allegiance to other Govern ments aud
inCorpola ating Themselves in other States
These are facts which the techuicality OF the
law may refuse to recognize, but OF which an
enlpht tened craftsmanship must needs take
account. Mr.. Harcourt believes that the Ale
glance acts should be reconstructed, both with
respect TO the acquisition OF citizenship aod
also as to expatriatlon. Here are his sugges-
tioDs:- ..s.
First. British citizenship should belong, as of
course, only to persons born Of British parents,
donnie led in the British dominions.
Second. The children born to foreigners in the
British dominions should. as TO France, have
| the capacity to take up their citizenship.
Third. AS to descendants born abroad of Bng-
! lish parents who are domlcied abroad, an cleo
ton should be given to become citizens, to be
! testified by certain prescribed formalties.
Fourth. Every British subject should be al
! lowed to withdraw himself from the State by
! some formal act disclaimlng his citizenship.
Fifth. Certain acts should be defined as con-
! stituting in themselves a forfeiture of citizen
! ship, whether so disclaimed or not.
| The London Times editorially supports the
views of 'Historicus,n and says:-
| The important question, however, Is one of
| policy rather than OF law, and we freely admit
! that, on grounds OF policy, not to say of com
mon sense the argument Tor revision Is 1rresist-
! ible. There are certainly hundreds OF thou
sands, and probably millions, of citizens of the
| United States whom our law regards as British
! subjects to all intents and purposes whatsoever.
| No statesman can justify such an anomaly,
| which, it must be remembered. has two aspects.
II all these Irish emgrants owe allegiance TO
| her Majesty, 1t may also be doubted, at least,
| whether they are not entitled to our protection
! against conscrptiop, yet it would have been
! utterly impossible for our Minister at Washing.
! ton to war; ant them such protection during the
! late American war. Iu short our present
! theory is quite untenable when any practical
TicUs" justly contends, its maintenance may at
! any moment become the source of very serious
embarrassment. We see, then, no good reason
| why the British Government should decline an
| friendly overtures that may be made by th(
United States with view to its amendment.