New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-28
AMERICANS ABROAD.
RIGHTS OF YATrRM.1zED CITIZENS.
REPORT or TIE COMMITTEE on fornrc

lates TO our foreign affairs" also House resolutions Nos
lOO Ill., 159. and 1GG nsructing the Committee 10 in9ne
into and report upon the subject Of tie rights Of Amcr-
can citizens in foreign countres we'll a. slxtythree
resolutions and memorials adopted in public meetings
held by citizens different sections OF tie country pray
ing that action be taken 10 citizens of he
United States protection abroad. respectfully
The treaty of peace between the United states and
Great Britain al the close Oithe WgrOf nGept cnce ct
First, the npressnent Of seamcn second The right of
search and third, the question OF expatriat"n 1ho i'm
pressment of seamenhad long been prciisrd under tic
most absolute OF Che monarcs of England and little d.
| elimination was there made between Subjects aud
The hight search American vessels had been asserted
and exercised 10y Great Britain nom tic recognition ~
American independence Both claims weI. Jnsline' upon
the theory Of intrinsic and perpetual allegiance II a per
sons born subject 10 the Crown OF England Tie enforce
Of this doctrine by the arrest ard scalrh % Amef-
vessels tho high seas, the mpc ssehi Of Amcs-
eight against their country, Id to The VAR wlih Great
Britain in 1872 which resulted IN the triumph 81 oar
forces by e3and land The treaty of peace hd not IA
terms surrender these claims, but they were abannh'd
IN practice No hnprcssmcnt has been attempted since
the war closed feeble effort 10 establish the right q
search, In qualified form was made III ihe qnhtuple
SURPRISING the slave trade and piracy by The i've great
PowersEngand France Austria l.,Issa, and Prussia.
ratified by France the treaty failed The exercise oi tho
right OF search and nmessncIt Of scaiuei whc led 10
the war OF 1872 have therefore been abandoned but te
claim is sim maintained. Tie very caucs Il appeaa ~
Mr. Webster made as late as 1872, enioeg ihs Wisdom
and public necessity Of removing this ground Of past
complaint and future danger, was promptly rJrelra 49,
Ili" question uf the lIgf al CAlatTdiiD, ilr most l
porlan OF all ana upon Nlch bolh lhese ciamN teteh,
still remains unsettled and under dncrt circumstances
~ ~ Wv ,,, - r. - :, ~ 20, ~ f,,,,r f
Al the comneneemeht 81 thc N,ro Io@ tb' nehVe ~
emgraus IN the United States did not exceed l2ouoO II
ration from 1910 10 1916 The actual Ieturs from
1907 added to the estimated emigration nom 40 to 1870
! Europe since the Declaration OF Independence is
6Gio00 No more mporan question can arise than that
tat of tbcr o ado,tiom The IN ri law lola" diem aud
| lcI Us ~
second generation and perhaps forever Inc theory 81
a,louble ac pancc is discarded aud they and thcr lie
scendans. though born Of q foreign molcr, arc in
cxoraby and forever held Ia the service ~ naNclCrn
subjects incapable of disavowng hcralegancc to the
mother country Of acquiring legal citizenship IN
another land aud liable 10 punishment rs traitors II found
country.
The correspondence Transmitted to Congress .bowsthat
naturalzcd citizens Of The United states being present. ~
Great Britain without the commission oi any offence
have been arrested tined, convicted sentenced amt pm
ished criminals, upon the ground that icy lia
tura horn subjects ol the Crown that fhcir allegiance
was perpetual and ludeeasble except by It's consent;
and that they therefore subject 10 rs laws ard liable
TO punishment only for offences committed within IT'S
| the United states. They claim the protection OF their
adopted country which has made them citirns anu cou
| fcrred upon them the same rights both at home ana
abroad which are enjoyed by native bpin Americans
The Government IS IN duty bound 10 listen 10 therap.
peal and protect them in their rights. The President
called the especial attention or Congress To TINS subject
| in his last annual message.
der which these prosecutions have been coniacted bus
the English judges appeal To the law authorities of this
country ustidca their course may not be iuap
propIiae To consider origin and Of the claim
Of ndefeasihlc and perpetual aliceicc 10 tlc'Iiish
Crown. The principal authority cited support
found in Blackstoncs Commentaries on the Laws ~ En-
| gland, rs follows:
Natural eearce is sch - due az horn within
the SOVEREIGN do'aneHs iEmeiaiely uron ues @ril, "
Crown. time. too ~hen tdnriag NANCY tle B.
d,S Of sisSo sish sistSs t- = s.s-l,,
coarcuce Of lie Lessirc Ea'haan Alo 70 I'a's
China To- alei to te Nps ~ ht lsr y g
noIs ' ,tt :, .giest Of one [ .nro ~ anr az, u
ig
bis allegiance to the former for s natural ale 'a VS. 1
s Without ne 5oaeai act Of Tat prince vLon
| Vol l., page JoL
The commentaries Of Blackstone have probably never
had greater weight with any people ti ,,, ~
| itself proof that Blackstones theory o. "lesah.e
! was not accepted by the American govern
lie left 10 the subject nothing bat Selyle sonsson
| The American statesmen reversed Ito proposition.
a representative only. According tic philosophy Of
Blackstone the people were posse 81 me Govern
the profriy of The people They reserved TO tie body
polite collectively the power OF reforming IT. institutions
l at pleasure andteg Ia tho people individually the nshL
of Transferring theig aeciance 10 other EoFtriGehts
whene, tic safety Of e the welfare OF the subject or
| liberty OF conscience should demand A. 80
There no rules Of universal authority ny when
iacts Tho controversy existing between this country
aud England. aud in less degree with European hiais
In regard the rights conferred by emigration ana at
radiation is a contest betw feuda ideas and those
thar govern a civilized states. Fendalsm hed aligits
dependent upon tl-posscsslon OF the soil Inc so.l was
the gift OF the Crown. Allegiance was due 10 the Crown
and controlled by the place OF btth ahd an TIE "Uga
lions of the people were summed nP IN that OF personal
fidelity to tie king. IL absolute in England
established by William the Conqneror iiia1 Oh the 'ot
nent under Charlemagne or the Gothic kings.
The oath OF allegiance administered to the andhod'IS
| OF England by William the Conqueror &C salisbury, IN
1885, forth this obligation and tile reason npon which
1t is founded with more authority than in the parhraSe
given by Blackstone Observe the oath 10 the Crowd
become your from this day forth, OF life and aIh
and earthly worship ana unto you VIII he la1hiu nh'
! God.
The doctrine taught by Blackstone is hardly less abso
lde in principle than those provisions oil tue laws 81
Alfred. " am, aud later kings upon which his theory
| doctrines have 10 claim 10 respect.
This Is true OK European states bat especially 81 IN,
gland. Tie great charters of later English history and
the popular rights secured 10y them attest this tct the
feudal theory Of allegiance IN England was irsi modified
by the statute OF Henry VII, which declared that no one
be called in question for oboylDg king - Iac0
denying the theory OF divine right aud recognizing par
italy the revolutionary doctrines OF possession and
power This is claimed as the basis al modern Eu.sh
allegiance.
The revolution OF the foundation Of the present
British constitution and oyerthIew all iendal n,ut
lions. Instead OF being held 10y the king % the soil on
leave the Kingdom without the consent Of their rcprescn
tatives Sovereignty, they said, was IN the KING r'"
he Parliament"
OF THE SERVICE DIE To GOVERNMENT
II Is he denied that there is between ne Govern
mcnt and the subject equitable ana nntual interest,"
neither can IL loo denied that there Is due from every en-
TO the Government under which hofts cI tai outa
tons. and that the service which impieu " hese opr
otons bcthcr ar no supported by his OATH cannot be
east without its consent THIS y Dut , '.urh io'
the protection which he receives from the Goyenmen,
yhh attends him from BIRTH and secures after death
the preservation aud disposition :" his Pi"p.iY ~
ing o his viii So long his name or race shaI endure
i.,, a., The nerformance OF such duties is justly con
| denpcd and punished ny all Governments. but tue
recngrou OF these varied and important ohhgaiions can
a. &c ,rsc Inc held render their subjects and their tie
sceudants 10 the second and third generations peetai
rsoncs of any association society," or form Of govern
pcnt So long they Of 1t they must uhll their OBJ
i,,tlous whatever they are But mere contingent or
nSsiTe objection cannot rightly be made 10y
nl,