Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-02-06
THE RUTLAND HERALD,
FRIDAY, JANUARY ~, lists,
ten. Hanks en the Rights ot
American titiSrn>,

WI fAiS ii~AANs W -NitANtA'sN 'AttN' - ''''N
10 protection, accompanied with a hill,
The report gives a summary OF the muni'
cipal laws of other nations, aud discusses
the authority of municipal legislation
with American Law precedents on the sub
iect We can give only summary Of the
report, Ii states that the treaty ~ peace
between the United States and Groa,
Britain at the close Of the war II indie
pendence, left unsettled three subjects oi
international importance First, the inn
pressment Of seamen; second, the right
Of search third, the question Of cSPatria'
tion. The right Of search and impress
ment Of seamen has been abandoned. bu,
the claim is still maintained and the ques.
ton Of expatriation. upon which both
claims centre, is still unsettled and he
comes one Of the most important Of the
day. This question affects directly more
than six millions Of people who have ar.
rived In this country since 1880. the Eng
lish law holding them and their descend
ants as British subjects. Under this law
naturalized citizens Of the United States
being present in Great Britain, without
the commission Of any ohense. have been
arrested, tried, convicted. sentenced and
punished as criminals. upon the ground
that they@ere natural born subjects of
the crown; that their allegiance was per.
Petual and indefeasible, except by its
consent, and that they were therefore sub
ject TO its laws and liable To punishment,
not only for offenses committed within it,
jurisdiction, but for words spoken and
acts performed in the United States.
They claim the protection of their adopt
ed country which has made them citizens
and conferred upon them the same rights
both at home and abroad. which are enjoy
ed by native born American citizens
Therefore, the government is in duty
bound to listen to their appeal and pro-
tect them in their rights
The claim Of indefcasible allegiance
and perpetual service is the symbol
Of feudalism and force The authority of
despotic governments is force; that Of a
state is the consent of its people. The
right OF emigration and naturalization
where life or liberty is insecure. or where
the prerogatives of conscience are yio-
lated is wrought into the constitutions OF
all governments of choice: The feudal
claim is as absolute over the mind as the
body. 1t denies liberty of conscience and
Of thought by the same title that it pro-
scribes the right Of locomotion. Itdwarfs
human capacity and reason and corrupts
the nature of man and society.
1t is conceded that the express or i'm
piled consent of both parties is necessary
TO the extinction of mutual obligations
between government and its subjects.
But this does not justify the perpetual
control Of the one by the force of the
other. 1t assumes that it's the right and
duty of the government to so regulate the
manner of separation as TO secure in the
highest degree the welfare of both. II is
to this mutual law that we refer the right
to regulate, not to defeat, emigration and
naturalization, which together constitute
repatriation. But a government cannot
Justly admit one and deny the other.
The subject may be held to the COM
plete performance of all obligations due
at the time of separation, and a state is
justified in forbidding emigration in time
Of public peril.
While international law does not con-
troll nations in the conduct of municipal
affairs, nevertheless, the opinion of writers
Of recognized authority upon national and
international law, whose judgements are
universally respected, ought not to be
without weight in this discussion. With
few exceptions and those least important
they favor the largest liberty consistent
with public safety in emigration and nat
uralization, which, together, complete tn,
act Of expatriation.
Under the head of municipal laws Of
other States, the laws of other nation,
bearing upon the subject are quoted, o
which the committee say there is one Gle.
ment Of harmony that pervades foreign
legislation upon the question. The emf
grafton of a subject is held to depend up
on the consent of the government. Blu
the practice of the governments in thi,
matter varies so much as to show sub
stantial difference of opinion. The law,
Of Great Britain, the German States and
France are given, but abstracts of them il
this article are not necessary for the pur
pose Of giving vow of the main features
Of this able report. Emigration is also
reviewed in all its bearings, and give'
statistics Of the progress of emigration
which conclusivcly show that the severa
European governments have consented
TO the exodus from their shores In ref
erence to American law and precedents
the committee say it is difficult to find a,
authority Of american law. writers, or
decision Of American courts in which tn
doctrines of perpetual allegiance is recoe
nized, except as extradition Of Englis
law.
The bill reported by the committe
in terms provides
LIST, That all naturalized citizens of tn
United States, while in foreign States
shall be entitled to and receive from thi
government the same protection Of pei
sons and property that is accorded to ma
tive-born citizens in like situation an
circumstance.