Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1868-03-05
srnncH on
|ON. GEORGE W. WOODWARD,
Expatriation and Naturalization.
or rfNNsYLvANiA, ON

lanaar, 30 and February O, i5ue.
'ghc House having under consideration bin No.
t1f, concerning the rights of Amcreah ciulcns
tlroad in forerign countries, MI. Woodward was
eiipwcd fifteen minutes, and spoke as iolows'
Mr.. WOODWARD. Mr.. Speaker, first
of all | wish to thank the chairman
of the Committee on Foreign Affairs
Dir Banks] for an opportunity to
nm q few words upon this subject ;
md | also thank the committee, not
only tor the bill which they havo
trought forward, but the very salts
iActory report with which it is accom-
pnnied, and from which / have de-
,sred very considerable instruction.
Dam in favor of the bill as to its main
teaturcs, though shall have an
amendment to propose, which do
not mean TO press unless the chair
Nan of the Committee on Foreign
Atlairs shall approve it.
All Just Governments are founded
hi the consent of the governed. Out
N .nis principle result allegiance and
lection and, according to English
IS, that allegiance is perpetual and
ibdeieasible. The courts of England
Aeny the capacity of the subject Of
# Be British Government ever TO de-
lindo himself of his allegiance Of the
brown of Great Britain. 1t attends
hin wherever he goes and in whatever
circumstances he may be placed, and
tor all time, down at least to the sec
ond generation of his descendants.
Dur courts in this country have gen
erally followed this doctrine of per-
pctual allegiance because we have had
DO declaratory statute on the subject
of expatriation The prevalent judi
eial opinion with us is that a citizen
cannot renounce his allegiance to the
United States without permission Of
the Government, to be declared by
law. In the absence of such statute
fhe rule of common law prevails.
Now. sir, the only defect which /
see in this bill is that it fails to supply
10 the judiciary of the United States
my rule for their decisions upon this
snbject The bill does not in any of
lis sections provide for the expatria-
Non of the American citizen. | sub
nil TO the chairman of the Com mittee
Oh Foreign Affairs Mr.. Banks1 that
when we are asking Foreign Govern
1nents TO make provision in our behalf
Tor the expatriation of their citizens,
II is quite indispensable that we should
begin by providing for the expatriation
Of our own citizens. To meet this
defciency in the bill have drawn up
oscction by way ofamendment, which,
However, will not press unless it has
<he appreciation OF the chairman of
<he committee. | ask the Clerk TO
read it.
The Clerk read as follows:
sEc. 3. And Be It further enacted, That when
<rer any citizen Of the United States, whether
nRtiye-born or naturalized, shall remove his dom
ltA to foreign country in good faith, aud with
~ intention Of becoming citizen or subject there
~ and shall become naturalized under lhe laws Of
id foreign country, be shall be considered as hay-
ing sbjured his allegiance to the Government Of
ihe United States, with the consent Of the said
ment upon the allegiance Of said citizen shall fol-
<str cease and determine.
Ma. WOODWARD. My friend from
New York Mr.. Pruyn] has just laid
before me an amendment which, in
Is purport, corresponds with mine,
but the phraseology of which | prefer;
And if / move either amendment i
hal probably move his, unless he
mould offer it himself.
Ma. BANKS. viii the gentleman
How me to say one word
# Mr.. WOODWARD. Certainly.
Mr.. BANKS. I will say to the gen
lleman from Pennsylvania Mr.. W Wood-
wardl what ! said yesterday, that
thould the Committee on Foreign AZ
fhirs adopt the provision he has sug-
.gested, il will debar any naturalized
citizen Of the United States up to this
bate from claiming the protection in
Foreign States which it is the purpose
of this bill to accord TO him. 1t. is
Impossible to legislate upon this sub
ject and give now the right of expa-
triation TO American citizens without
by that very act enabling foreign
governments to say TO us that up TO
This GATE our citizens had no right TO
expatriate themselves. And, as the
gentleman from Pennsylvania has
nlready said, we cannot claim of other
nations that which we deny ourselves
IN every instance when this subject
has been presented, Congress has eva
ded Legislation upon this particular
point, because the right Of expatria.
tion is inherent and intrinsic in the
citizen under the Government of the
United States.
Nh. WOODWARD. / think the diff
culty suggested by the gentleman is
imaginary, but if it is not, a proviso
eaving the rights of all naturalized
citizens from the effects of this legisla-
ton would obviate the objection. |
have been speaking thus far of the
ipdicial department. ! say that while
Nc judiciary of the United States have
not in terms expressly decided that
there is no such thing as the right of
<he American citizen TO expatriate
hmself, they have by inference and
necessary intendment adopted that
conclusion. And that conclusion rests
Npon the fact that we have no decla-
rAtory statute upon the subject. The
indicial method of reasoning on this
tnbject is very short and very salts
iactory. The common law prevails
until displaced by a statute. At COM
mon law allegiance is indefeasible and
rsrpetual. The legislative department
cf our Government having provided