Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1868-03-05


understand and receive this doctrine.
But, sir, the judiciary of the United
States do not receive it and when
the judiciary of Great Britain have
occasion TO deal with the question,
they rest themselves upon the conclu-
sion of the judicial mind of the United
States, and the judicial mind Of the
United States rests upon the absence
of any such legislative provision as
that which propose.
think, therefore, it would be wise
II the friends of the bill would incor.
porate in ii declaration that the
American citizen may expatriate him
self. If he chooses to 20 to Great
Britain, or to Germany, or to France,
or to any other foreign country, let
him go. If II be thought proper that
the declaration OF his iatention TO ex-
patriate himself be made in this coun-
try, so that we may see that his debts
are paid, that all his obligations TO the
Government are discharged, let him
be required to file that declaration OF
intention with some officer of the Gov
ernment. care nothing about The
detailed manner in which the expatri-
alton may take place. | am simply
maintaining that we can never expect
Foreign Governments to recognize
our doctrine of expatriation as prac-
ticed by our Executive Department,
unless we adopt declaratory statute
upon this subject
Now, sir, this doctrine which our
Executive Department, and the peo.
pie of this country, have recognized
throughout our whole history, is no
where better stated than in some oil
those extracts from publicists which
the chairman of the Committee on
Foreign Affairs has laid before us in
his report.
"Where the liberty Of removal hath been pro-
mseuously allowed and the subject settles himself
and his effects under the protection Of foreign
! State, the Commonwealth which he left hath nc
longer any authority over him. "-Pggendorf, D.
s, eh. III.
ut is right inherent in all free people 20 have
the liberty Of removal If they think proper when
/ person becomes a member Of a State he does no,
thereby renounce the care Of himself and his affairs
He may seek the necossarics and conyeniences Of
life elsewhere. The subjects Of a State cannot be
denied the liberty Of settling elsewhere in order TO
procure those advantages which they do not enjoy
In their native ountry."-BarismaqHi.
These are sufficient statements of
the general principle upon which this
Government, with the exception of the
Judicial Department, has treated the
subject Of expatriation.
In the case of Respublica Us, Chap
man, Il Dallas, 53,) Chief Justice
Mexican, speaking of an exchange of
Governments, said:
"All the writers agree that none are subjects Of
the adopted Government who have not freely as
sented to IT,"
In Alesberry Us. Hawkins, 20 Dana's
Reports, Kentucky Court Of Appeals }
in 1889, expatriation was consid
cred a practical and fundamental
American doctrine, and it was declared
that in the absence of statute a citi-
zen may in good faith abJure his coun-
try, and that the assent of the Gov
ernment was TO be presumed and he
deemed denationalized. There, sir,
is an instance Of n judicial opinion
taking the ground that, in the absence
of an enabling statute, an American
citizen may denationalize himself
But such is not the general current of
the judicial options of the country.
Mr.. Speaker, not only has our Gov
ernment recognized the right of expa-
triation, but the English Government,
and, indeed, all Foreign Governments,
have acted upon the same general
principle of law. During our colonial
dependency they discouraged emigra-
ton and one of the counts in Mr.
Jellerson's indictment of George Ill
was that he has
"Endeavored to prevent the population Of these
States for that purpose obstracting the laws for
the naturalization Of foreigners refusing TO pass
others TO encourage immigration hither, and rails
ing the conditions Of new appropriations Of lands
These were among the acts that
"defined the tyrant."
But, sir, since our independence the
English Government has interposed
no obstacle TO emigration. She might
have done so. The judicial writ of
ne Great regno and the army and navy
were quito competent to keep her
subjects at home. But they have not.
British ships bring two or three hun
dred thousand annually to our shores,
principally Irish and Germans, some
Welsh, Norwegians, and Swedes; but
the great contributions TO our popula-
tion have been from Ireland and Ger
many, until the descendants Of these
emigrants form more than half of all
our population
Mn. BANKS. Between three hun
dred and forty and three hundred and
fifty thousand last year.
Nh. WOODWARD. And this cmigra-
tion in all probability will increase.
These emigrants, as shown by the
report of the committee, come, for the
most part, in British ships so The
British Government, instead of him
dering them coming here, encourages
them to do so, thus acting upon the
principles of public law TO which /
have alluded for the Government Of
Great Britain knows as well as the
emigrant does when he comes to this
country that he comes under our nat
uralization laws. They know he is to
swear be will renounce all allegiance
TO all foreign princes, potentates. and
Powers whatsoever, aud especially to
cher majesty the queen of Great Brit
ain" They bring them here by thou
sands to take that oath They allow
them to become citizens Of the United
Co.. -. A = -. -. =. ....- -