Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-02-20

fHAf s~ttff 49,
Mr.. Speaker, within my own oe'erN''
ton or experience no graNer question ma
ever been presented before the American
Congress than the one under eoh,ld'ia'
ton. In whatever aspect We view y; "h'
az two results must inevitably lollnW'
either successful negotiation or foreign
var IL halnnes IL. lhCn.- 10 consider II
in view of the great responsibility resuns
nnon rs, involving, as II may, not onlN
the future peace of our Republic, but ATS
the destiny Of the present ruling nahon'
Of Europe. II rises above party u
rises above the making OF unmaAlhg "'
Presidents. II assumes the proportions
of great national question, ongg'iauns
the inherent right Of expatriation ANA TIT
determination ~ 0uI goNUgnmtnt q OK
tend hereafter the same protection Of per.
sons and property 10 the naturaliIed and
native-born citizen. Europe, and NOR,
Especially England, for many Years, both
a. matter Of humanity aud public
policy, have stimulated emigration by
granting subsidy to individual enter
prise in that direction, and have at yari'
GUS times discussed in Farllahen, the
pforriety and necessity Of making the
plan ofemigration na,ional-overburden
with taxes aad crowded with a popula'
ton too large for. hsr capacity of produc'
tion, deportation became necessity, and
the United States, with its free institu'
tons and vast extent of unoecupied and
fertile public lands, presented the great
est attraction. Our fathers i.resaw that
our vast territory must TO great extcnt
be occupied by those owing natural ale
glance to foreign powers provided by law
a plan whereby thsy could divest them.
selves Of that allegiance and become sub
jects and citizens of the Repuhiio.
Sir, the law by which we declare that
under certain regulations foreigners may
acquire all the rights of native-born
citizens, would seem 10 imply that under
similar or proper circumstances native
born citizen of the United States may cN-
patriate himself and assume allegiance 10
foreign power. The Judiciary OF the
country, however, seem to have avoided
any authoritative expression ON this point,
and 1t is fair perhaps to admit that in the
judicial tribunal the common-law doc
trine, that subject cannot cxpatriate
himself without the sanction of the gov
eminent to which he owes the allegiance
of birth. is inferentially, at least, main
tanned. That it has been may be mat
ter Of some surprise, when we reflect that
before a foreigner is admitted To the
privileges of a citizen he is required, un-
der oath, TO abjure forever all fidelity and
allegiance to every foreign prince, po-
tentate, or sovereignty whatever; and
more particularly all allegiance 10 the
sovereign to whom he owes the natural
allegiance which attaches to birth. 1t
would naturally be supposed that the
laws regulating naturalization were based
upon the idea that n subject can expa-
triate himself and fully and forever throw
off his natural allegiance This is un-
doubtedly the view of the most approved
writers upon public law. II is the doc
trine of Grotius, Puffendorf. Nattel, and
many others, and Cicero says it is one of
the firmest foundations of Roman liberty
that the Roman citizen had the privilege
to stay or renounce his residence in the
State at pleasure. The proposition that
once "a citizen always citizen is based
upon the feudal system under which there
were no free citizens. The subject was
born and chained to the soil as the vassal
Of lord or superior. He had no voice in
the direction of public affairs Govern
ment, such as it was, was not made for
him or by him; he was made for the gov
eminent; government was cruelty and
law was brute force; manhood had no
place, and the individual man no personal
rights and it was from this source and
system that Blackstone derived his idea
Of indefeasible and perpetual allegiance
to the English Crown. And hence he
says that it is a principle Of universal law
that the natural-born subject OF one prince
cannot by any act of his own-no, not by
swearing allegiance to another-put of or
discharge his natural allegiance to the
former, for this natural allegiance was
intrinsic, and primitive, and antecedcnt
to the other, and cannot be Invested
without the concurrent act OF that
principle to whom it was first due.
Is such doctrine based upon any true
philosophy. Is it in accord with the
progress and the civilization Of the nine
teenth century: Is it consistent with
our fundamental declaration that all men
are endowed with certain inalienable
rights, among which are life, liberty and
the pursuit of happiness What. sir,
does that comprehensive phrase, the '.pur-
suit of happiness mean. Is il to be
controlled by the accident of birth l.,
it to be circumscribed by certain defined
limits of locomotion Does it subject a
man forever to an allegiance cast upon
him by reason of the domicile of his pa
rent, to a government under which the
poor never grow rich and the humble.
born never rise, Is il to be obliged Ia
uphold by life and limb a government
which by its customs or its laws, diSre.
CARDS or tramples upon or neglccts the
rights Of even its liumblcst citizen BY
no means, sir. And yet, if the common.
law doctrine of the right of repatriation
is sustained, such are the trammels i'm
posed upon our republican idea that the
pursuit of happiness, which includes the
entire well-doing and wcll-bcing OF man
in an inalienable right The theory
of our government, sir, il that all men
are created free and equal and the foun
dation of our republic is laid in that great
principle, which underlics all true man
hood, that in strict subsection to enlight
ened and just law every man shall be pro
tected in all his natural rights and enjoy
the full and free exercise Of that con
science which is a part of God within tn,
human soul In Europe such an idea il
not recognized, or, if recognized, is moi
accepted. There man is made for Ia,
government, not government for man
Here the power is in and of the people
and the government is made by them and
for them. Our institutions are free and
invite the people of all nations to come
and enjoy them with us, and prescribe.
the regulations under which they may be-
come citizens of the republic. Now, sir
obligations of the citizen and the govern
ment are reciprocal The subject aban