The Irish republic. [volume] (Chicago, Ill.) 1867-18??, 1868-02-22

jurisconsut of antiquity, declares
That the frmest foundations of Roman liberty that
in the State at pleasure"
And although Governments especially Great Britain
and of the German States in modern times have abored
to restrict and limit the right yet it maintained by the most
enlightened jurst in all countries.
% sSf % and
that each positive law of its for natuazpg
latter Of Substance Of
is The
e
tn h right eT bcy OH a%
generality Of of has
efsasS Ia
The honorable gentleman from Pennsylvania Mr.. Wood
ward comedies all that is claimed by the advocates of
divine right" and perpetual allegiance Starting with
the proposition that perpetual allegiance is the doctrine of
the Gommon law and that Iy adopting the aw
conclusion that without congressional Legislation that rule
still prevails in the United States Is that true Mr. Speaker?
lido ask the question whether Kent and Story
not have assented the doctrine whether some OF our
courts may not have produced the conceit in the law
lectures known popularity judicial opinions The history
of Jurisprudence full of discarded notions
and doctrines that have cep into the books by constant
reteraton but which, tested by the application
of right and ISSUE disappear and the dca IN this
belong that class The United States have
adopted the English law rule code for ITSELF
The judiciary act of 1889 declares
laws s
% M na rs of deo sSa S law IN the
The rules of decision then derived from the laws OF
the several States in all except such involve the
suon treaties and statutes of the United States Kent
That the far it applicable situation
sne has been "s b sd By the
as the law Of the land in nearly every State
We thus that the English common law not adopted
even in the States except far as to our
and form of government Mr.. Justice Breese of the
State of Illinois, discussing the extent of the application of
the rules of common law, says:
have like other States of Union adopted the
where applicable the habits and condition Of our
nstituons harmony WIN INC ssn'0' Sp an0 '''''
The very origin and nature of institutions utterly for
bid the idea that the doctrine of perpetual allegiance is
consistent with our institutions.
Having shown that the common law of England,
adopted by the States was restricted by the consider
alton that the rulers should be in harmony with the genius
spirit and object of Institutions" it that
argument is not necessary to demonstrate that this rule is
entirely contrary the genius and spirit of our institutions
The right expariation clearly implied naenabe in
the enumeration of rights in the Declaration of lndepend
ence, and its obstruction of the charged by
the colonies against the English The Constitution
vested in Congress the power to regulate by
uniform rule Among the earliest legislation of the United
States the providing for the naturalization of
AS early 1885, in order become citizens of the United
States demanded of them that they ALLURE absolutely all
allegiance to foreign Power thus declaring to all the
world the right of expaaton Is it to be solemny argued
that the rule that apply to other nations is not rule
with us? Chief Justice Robertson of Kentucky, says
be e IL %
or
local national Judgment altogether conventional and
be repudad by the well adopted citizen with
the presumed of the Government without its formal
sanction Expaaton be considered practical
and fundamental doctrine of America American history Amr
Institutions and American legislation all recognize it, 1t has
with growth and strengthened with strength
Allow discuss in detail the provisions of this
bill and whether if adopted would be any further
advanced in the direction of protecting citizens than at
the present time whether the contrary this bill does
not hamper restrict and deny rights to naturaized c
that before questioned and impose condi
tons oppressive than claimed by any sovereign
OF gentleman
from Iowa. mr. Wilson, in my Judgment gives the key
note to the entire provision of this bill One declaration of
principle is neuraized by restrictions incompatible with
that declaration. Says the member from Iowa:
diplomacy Enact this bill and do
this in the remotest Degree
differ from him in respect This bill increases the
difficulties naurazed citizens and makes broad distnc
ton between him and the naveborn Thenmates of Brit
sh dungeons NAV av there and rot without