Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-04-08
Oblo Statesman,
The NATURAL Rights of Man Par
amount TO the Delegated Pow.
ers of the Government.
SPEECHES
OF
HON. PHILADELPH VAN TRUMP
HON. GEORGE W. MORGAN
THE EXPATRHATION BILL ;
DELIVERED
In the House of Representatives,
March 10, 1865.

.SrN ct n
The House having under consideration
the bill (H. R. No. 1852 concerning the
rights of American citizens in foreign
States
Mr.. VAN TRUMP said:
! Mr.. SPEAKER: In the present condition
OF my health,- should not have felt in
clined to take any part in this debate, even
upon this great question of eXpatriation
were 1t not the fact that 1 represent large
number of both native and adopted
citizens who have petitioned Congress
to take prompt and decided action
upon the subject. 1 had the honor to
present to the House few days since, fol-
It's appropriate reference to the committee
on Foreign Affairs, a petition signed by
more than six hundred citizens of my dis.
trict, praying Congress to take such action
upon the subject as would evince to the
world that we are determined to assert anC
maintain the rights of our naturaliZed tel.
Ilow-citiZens, and also TO declare by the leg
islative voice of the Republic for the first
time in its history, what tboserights are in
clear, distinct and unequivOcal terms
Standing in this position in relation to my
constituents. yield to all the responsible
| tiles of my situation in submitting, as brief.
| ly as possible, my views upon this great
public question; and cheerfully and CRATE
fully return my thanks to my honorable
friend and colleague Mr.. Morgan] for his
personal kindness in yielding to me the
time which belonged to himself as mem
ber OF the committee on Foreign Affairs.
| Sir, whatever may be the fate Of
the bill now before US, one advan.
tage at least. will be- derived from
| 1t; the enlightenment OF the-publfc mind
and the attraction of the public attention
to the subject at large by the very full and
exhaustive debate to which it has given
rise. 1t concerns the public interest. as well
the rights of the individual citizen, so di-
rectly and SO essentially that it cannot fail
to command degree of popular attention
\ Commensurate with its national impor-
tance. Asa question of natural, inherent,
and fundenehtal right belonging to man
in his character of citizen the omission on
the part of the American Legislature,
from the foundation OF the Government
up TO this time, to declare its exist
ence. and especially to provide the appro-
pirate means foritssexercise. Is most re-
markable fact, AMI, if still neglected and
omitted on our part, will attract the ear
nest attention of the whole country the
more the question is agitated among the
/ people. 1t is question, sir, which emf
nently belongs to the people. They will
not only require that we shall legislate
upon the subject, but they will demand at
our hands full and ample legislation, both
declaratory and remedial. They will give
us to understand, in a way not to be mis-
understood or disregarded, that there shall
be no more evasion or ambiguity in the leg
islative action of the Government,
such as has marked the history of
self or its remedy. The President of the
| United States, in his late annual message,
| has recommended the subject to our serious
consideration, and the voice of the people
| in the numerous petitions sentup to us has
strongly seconded this timely movement on
the part of the Executive.
Mr.. Speaker, need not argue
at any length. if at all, the
question of the inherent and inde-
feasible right of expatriation as belong
| ing to,etery free-born -eitzen.a That prop
osition has already been exhausted by the
able speeches of gentlemen who have pre-
ceded me. l will say, however, in passing
along, that it is one of those great and
self-evident truths whose simple statement
amounts to demonstration. 1t is right
whichlies- much deeper and broader than
any privilege sor duty flowing from the
qualified rights which create and give
force and effect to the mutual obligation
existing between the citizen and the Gov
erDment under which he has consented, for
the time being. to live. There are certain
qualified end imperfect rights which every
come portion of The legal civil organiza
ton; and which implies, and absolutely
creates. on the part of such civil govern
ment, an obligation to protect him in his
life, liberty, and property. Voluntary ex
patriation is nothing more than an eXer-
tion of this right to personal liberty thus
guaranteed by the Government to the indi-
vidual. The right of personal liberty and
of unconstrained elocomotion is the pri-
mary object of all civil government.
| Bnt this right of eXpatriation is
It'll more abstract and original; for it is the
creature not of municipal but OF natural
law. The greatest writers on public and
natural law. reared and educated even un-
7 nPr the shadow of athrone, such authors as
terscboeck, all put it upon the ground OF
natural right.
But tnotwithstandirg g, Mr.. Speaker, 1 shall
assume that the right of emigration and
its concomitant privilege of expatriation Is
not only right 80 well founded in the uni
versal law of nature, but is SO generally ac
knowledged among the civilized nations of
the earth, as 10 need neither argument nor
testimony to Eestabish it, / cannot refrain
from quoting most striking passage from
the almost forgotten essay of Noah Web
ster, republished during the war of 1872,
but written in 1888. in which he demolish-
IS the absurd idea of great English judge
that allegiance to the sovereign was not
only aperpetual obligation, but was found
led on natural law This sir, is. one of the
monstrous absurdIties to which the
advocates of the "divine right OF kings
are driven in their defense of
the doctrine that "once subject always u
subject" The right of expatriation and
the duty of allegiance cannot both be
founded in the law OF nature. There can
exist no antagonism in the laws of God.
The essence of His moral law is the spirit
of harmony. He gives no right but
what is consistent with duty, and i'm
poses no obligation which shall destroy a
right thus given. Upon this question of
the duty of allegiance being derived from
the law of nature the great American lexi-
cngrapher is an overmatch tor the great
English jurisconsult. He hustriumphant-
ly exposes the fallacy OF the English law
writer's reasoning:
Blackstone says that natural allegiance is a
debt of gratitude because the subject is under the
kings protection while infant. He migh just
well say protection is debt Of gratitude due from
ions On this prifeipe of grsitudea child is obliged
to obey and serve his parent after he has left his
family and while he lives This debt, according to
the same author, cannot b cancelled but by concur
renee OF the L gislature. How, in the name of rea
SON. can an act of the Legislature diss I've natural
uef How can cancel adebt of gratitude? Com
looks with disdain such weak and futile
reasoning. Rnt. if ttisreis such thing as natural
moves to France ta Ike arms to defend France
against IN invasion from England Is this agreeable
t. the laws of nature and society," that man should
not protect himself. his family and his mr. perry
1t will be said that the man is within the English
kings aliegiance, and entitled to his pro ectlon
But the king cannot protect him; it is beyond his
power. and the Englishman is not obliged to leave
france ana seek G m IN Enel nd His estate
to,resde his ANA duty to
defend both gainst any invssion whatever. Every
war except defensive cne, is breach of the mora
| law; but when a natural born subject of ENGLAND
has become citizen of France he is subject TO the
laws of France and bound to assist if required in
defending the kingdom against his natural prince
Mr.. Speaker, this right of expatriation, as
the consequent political result of the act OF
emigration, is as old as civil government it.
self. 1t existed in the best days of Greece