The New York herald., 1868-04-03

phrases we should say that no members of English
administration expressed themselves in regard to
tnat country In terms more gracious amiable and
conclatory; but these concessions OF language can
OF justice that are looked for. Mr. Gladstone ana
ms friends are about to assume the initiative IN
measure onfch @ ,rfn inter ne proSstant Ghurcn
why Mr.. Mcguire withdrew his motion, not pressing
II to division. That course aoas decided on prior
toM haze to measure their respective forces when
the motion respecting the Irish Church shall be sub
mitted to the House Of Commons.
The Right of Expatriati0n-FOreign Natur-
alization in America. f.
In the House Of Commons on the Goth OF March
Mr. W. E. Forster for the purpose OF calling the
attention OF the House to the effect OF the law regu-
lating the allegiance OF subjects OF the Queen who
have emigrated to foreign countries, and especially
Secretary OF State for Foreign AfYairs whether he
did not think that the time was Opportune for at
tempting to arrive at a mutual understanding
between her Malesty's government and the govern
ment OF the United States respecting the right OF
eXpatriation. He believed that the claims made by
operated greatly to our disadvantage in our inter
course with foreign nations, and the time had now
arrived :, ,T when ZEN we might properly inquire whether
claims to extent. In order to bring the subject
fully before the House it would be necessary for him
to refer briefly to the law upon this question
stood at present AS far he could make out there
appeared to be two classes Of British subjects-those
who were so by the common law and those who were
so by the statute law. BY the common law all per-
sons born within the dominions of the Queen were
British subjects Notwithstanding the fact that their
parents might be foreigners who were within those
dominions merely on visit There were two ways
by which persons might become British subjects
under certain conditions mentioned in the OF
Lament, and secondly under the provisions
all Children of British Subjects eiSea WHo miaat iat
be born out OF her Majesty's dominions
were entitled to the privileges OF British subjects.
the latter act was supplemented by the act Of George
ILL.,, which extended those privileges to the grand
children as well as the children of British subjects
born abroad. There was however, this difference
between the natural born subject and the children
anu grandchildran OF British subjects born
abroad abroad that that ALLEGIANCE was claimed from the
very able writer in the Times, who wrote under
the name OF "Historicus," that IL was question
whether we did not claim ale gance from the chill
dren and grandchildren OF Brtish-born subjects,
even aiihough Their parents had been all their lives
aofoad and 1t was important to look closely into
tils point as 10 concerned q large number OF the
present population or he United States. similar
opinion az 10 the extent OF our claims appeared to
be prevalent In America, and portion OF the excite
mcnt in that country doubtless owing to that
notion. That, however was an erroneous opinion,
as he statutes appeared to MIN to be enabling rather
than compulsory. The law, however, upon tho point
was far from caor, aud it would be wen for Parlla-
ment to define the extent of our claims so that
there could be 0rbt uron this branch OF the sub
Ject The law respecting the Britishborn subject
was, however perfectly clcag aud it asserted fna
by no act Of hs own could the Brii snborn sub.
Ject get RID Of his allegiance 10 the Crown. Upon
tlS point Blackstone III defining the con litions Of
allegiance, said
National alegiance is such is due from all born
within the soyereisns domgions Immediately uron their
rnic concarepcc OF 'ture: and mn m n nisi,n % % .s
the king Of England there home twenty years hence
natural born subject Of prince y Of mis-
no, not Oy swearing allegiance 20 anotheTput off
dis 'harse his natural Allegiance to the former; 1ot
1t was rather remarkable that this Fnglann Yves
the ony country which carried lis claims TO allegiance
To tlis extent on the Continent they treated tie
matter not much thc claim of the SOVEREIGN TO
lhe aeGdnce OF tlc sup ect, Whlch never could be
broken, but rather right ortho citizen to as stance
aad ioprvileges which, under certain circunstancas
he might forfeit. Thus the " Code Napolfpn,r cap
!, laid down That the quality of Ftenclman is lost
ny naturalization IN foreign country the French
prncpe beng lhat "JJerS0ft1e ne pein orofr 6C1ir
pdrcS:N although II was true that Napoleon in 1911
declared that all irenchmen who should change their
nationality without lie consent OF the St'te should
be liable 10 certain penalties. Prussia went almost
as far In the other direction stopped short OF
IL. and adopted principle which he trusted would
never h" accepted in a commercial country like this
that citihen lost his privileges by residing ten years
In foreign country. But the matter was set upon
what he regarded a. the proper footing by the Italian
Code, which said 10 nc the newest and the best
edition OF the code Napoleon" BY hat code the
rights Of citizenship lost by declaration made
be ore civil authority ana by subsequent emigra
ton, hy accepting employment from foreign gov
ernment, or IN entering into its military service
or, finally, by becoming Daturallzed in foreim
country. The doctrine which upheld 10y
tins country was upheid by ourselves alone,
ana this was the more astonishing. inasmuch
as no country furnishes such number OF emirrants
10 an parts OF tue world. But there also thS
marNahie fact, that we had been compelled to give
up the principle on which II was founded. Origin
aly hat principle was mat while claimed the allie
Gance OF al british subjects we in return afforded
them protection. BLACKSTONE Il stincty stated In his
Commentaries that such was the case:-
Local allegiance such IA due from alien stranger
born for he continues within the kings
minons and protection and It ceases the instant such
Natural aegangf perpetual local allegiance is only en-
f rsrrnn1ent that alceiance M et due from he hect
up1n an aped contract WIN the prince that 50 long as the
faithfully ''''''' A'''''''
But We had found it impossible to carry out that
principle, and n curious proof of the fact was fur
n'shed during the course OF the Late American civil
war. Thousands upon thousands OF English and
Irish emgranis in America endcayored to claim eX-
emptOn from the Conscription and rom enrolment
during That war; but we found il Impossible to assert
their right TO exemption aiter they had taken any
stop towards renouncng their allegiance To The Eng
lish crown. Consequently We gave up all idea OF
anording them protection, but We still claimed TO
gard them ~ subjects of the Queen. Now, hy the
United States census OF 1sc0 II appeared that onc-
seventh of The population OF the United States
born abroad. Ofihesc about 4jO 900 were subjects
Of the Queen less than coo 600 of them having
been born in ireland. Yet most Of these persons
were citizens of the United States: nearly an intended
10 be. Proceeding 10 discuss the probable
Disadvantages which would arise II we gave up this
right, he considered. in the first place whether
should be IN a worse position than we now in
dealing with the Fenian conspiracy. He thought
not. uIcart II was true that II the Fenians
the existing law to demand mixed fury; but the
question Immediately arose whether II was wise to
continue In operation law which had been passed
centuries ago TO meet the necessities OF totally diff
ierent state Of society from the present. nations
were not now separated as In former times, ard less
cause for fear existed that foreigners in any country
would be treated with injustice. This law could at
least he dispensed with az far as America was con-
| cerned no such law existed In the United States,
though OF course, American citizens were justified
In applying for mixed jury In England ~ long
the law was In operation. II was also true that II
| Fenians were regarded aliens they would have
the right OF claiming the protection OF the Minister
representing the country from which they had come;
but although Minister would refuse to entertain
demand FOR protection by any OF his counry's sub
lects II was quite open for him to refuse to respond
| 10 that demand on making sufficient inquiry. Still 1t
sh0uld also be remembered element in the cal
euatons that all foreign ambassadors did not possess
| soremarkabe mixture Of prudence and moderation,
coupled with Just estimate OF the rights OF his own
country, AZ distinguished the present United States