The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1868-03-21

:" Historicus,' who, it viii be remembered, ac-
quirel considerable reputation IN England rs a
writer on international law upon the various
points elected during the American civil war, en-
deayors To answer the question (. who is a British
subject?' In "a long letter to the London Tunes.
I. Historicus'' (Afr. Harcourt) writes under the
influence of the telcgraphic abstract of President
Johnson's message relative TO the principles upon
which the English Government bases its claims of
British citizenship. and the inability OF an English
subject To exIatriate himself;
First, Mr.. HarcouTt eudcayors TO ascertain who,
according Ia the law Of England, isa natural-born
British subject, and NJ such entitled to the pro-
lection Of the British Gown. Tie simple doctrine
Of the eOmuIDn law il that every man born within
the dDInIuiOns of the Crown IL born within the
Elegance Of the Crown and il q British subject,
whether the parents are British subjects or aliens.
BY n statute Of George III. all children of natural
born British subjects, born abroad, were made
natural-bOrn subjects. The maxim OF indissoluble
allegiance which IL here laid down has no place in
the doctrine Of law. IL had its origin in a system
which is obsolete, and found it, application in u
condition OF society which has passed away.
y ncw order of things has arisen. That great
and never ccasing 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, IL n phenomenon for which the con-
captions of the feudal law made no provision. The
consequence l., that the English Government is
in the presence of political facts which are wholly
irreconcilable with any legal theory.
Mr.. HnrcOurt says: 1t is in vain that We Pro-
claim the doctrine, Memo pOiest erusTe p0friaM,
while year by year thousands and tens of thou
sands Of cur subjects are transferring their allegi-
ance to other Governments, and incorporating
themselves in other States. These are facts which
the technicality of the law may refuse 10 recognize,
but Of which an enlightened craftsmanship must
needs take account. Mr.. Harcourt believes that
the Allegiance Acts should be reconstructed, both
with respect to the acquisition of citizenship, and
also Us To expatriatiOn. Here are his suggestions:
FTrSt-Briash citizenship should belong, as of
course, only To persons born of British parents,
dumiciled in the British dominions.
Seeond-The children born To foreigners in the
British dominions should, rs in France, have the
capacity TO take up their citizenship.
IIird-As - descendants born abroad of En-
g'ish parents who are domiciled abroad, an cleo
ton should be given To become citizens, to be
testified by certain prescribed fornalities.
Fourh-Eyery British subject should be allow
ed to withdraw himself from the State by some
formal act disclaiming his citizenship.
fJh-Certiin acts should be defined as con-
shutting in themselves n forfeiture of citizenship,
whether 40 disclaimed or not.
The London Tunes editorially supports the
views of : HistOricus, - and says:
The important question, however, II one of pol
icy rather than of law, and We freely admit that,
on grounds Of policy, not to say OF common sense,
the argument Tor revision is Irresistible. There
are certainly hundreds Of thousands, and probably
millions, of citizens Of the United States whom our
law regards rs British subjects to all intents and
purposes Whatsoever. No statesman can justify
such an anomaly, which, il must be remembered,
has two aspects. If all these Irish emiSrants owe
full allegiance to her Majesty, il may also be
doubted, at least, whether they are MT entitled Ia
our protection against conscription, yet it would
have been utterly impossible for our Minister at
Washington To grant them such protection during
the late American War. In short, our present
theory is quite untenable when any practical
strain comes To be put upon it, and, AZ 4. Histori-
Gus justly contends, it's maintenance may Mt any
moment become the source of very serious embar-
rssment. We see, then, no good reason why the
British Government should decline any friendly
o~ycrturcs that may be made by the United States
with n view To its amendment.