The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-22
The British Government Report on Emigran
Naturalization Abroad.

The British Government Report on Emigrant
Naturalization Abroad.
The intelligence which Is conveyed in the above
cable telegram, TO the effect that British Minister
has or1cialy announced that England Is about to
abandon by legislative act her long contested claim
to the absolute allegiance Of those born under her
rule even when In voluntary exile, and also to fore
go her cherished theory Of hereditary duty, and
thus 0bliterate the stale maxim OF once a subject
always subject" Is Of such direct interest to the
many thousands Of emigrahts from Great Britain
who have sought shelter and homes in the United
States, and TO their descendants, that we to-day
recapitulate the facts and arguments on which Pre-
mier Gladstone will base his new BILL
The Royal Compassion on the Laws OF Naturaliza-
ton and Allegiance, which was appointed in May.
1858, and completed its inquiry within nine months
reporting in 1869, was constituted OF the Earl Of Cla
Judge Of the Admiralty Court; Mr.. Baron Bramwsii;
the then Attorney General, Sir ]. Karslake; the
Queens Advocate, Sir Travers TT!st; Sir Roundeli
Harcourt, Q. G., and Mr.. Montague Bernard
Although the Commission did not escape misfor.
missions-a disagreement among its members upon
some points-all ten agreed In the essential recon-
mendaton OF the report and affixed their signatures
natural born British supjccts-viz., those who are
such because born within the Queens dominions,
and those who are declared to be such by various
general acts OF Parliament, though born out
Of the dominion Of the British Crown. BY
the common law OF England the allegiance OF natural
born British subjects is indelble The Commission
state AT that they are OF opinion that this
doctrine Is neither reasonable nor convenient 1t Is
at variance with those principles on which the rights
and duties OF subject should be deemed to rest; 1t
conflicts vita that freedom OF action which Is now
recognized as most conducive to the general good
as well as to individual happiness and prosperity
ana 1t is especially inconsistent with the practice
OF State which allows to its subjects absolute
freedom OF emigration. 1t 1t IneXpedient that
British law should maintain in theory. or
should by foreign nations be supposed to maintain
IN practice, any obligations which 1t enforce
and ought not to enforce II 1t could; and 1t Is UNFIT
that country should remain subject to claims for
protection on the part OF persons who, so far in
them lies, have severed their connection with 1t.
The Commissioners accordingly submitted the fol.
lowing recommendations Tor an amendment OF the
law
Any British subject who, being resident in foreign
country, shall be naurazed therein and shall undertake,
Is Or the y % nsSs d. the sn
naturalization, cease to be British subject
who being British subject, shall become By with
an Te ni natural
lied and hs under the sge o wsnyone
10 be British subjects from that but this rule
include wife or child who has not egraed to hs country
the local law the Of the husband or father has
Naturalization in foreign country though operating
from the time Of rs completion as an exnguishment Of the
responsibility for acts done before the allegiance
Provision should be for applying the same prnc
Piles the of British subjects who have become BY
naturalization.
The Commissioners observe that the removal of
the difficulties arising from double allegiance can
not be entirely accomplished without the co-opera-
ton of other countries, and they say
If Great Britain the doctrine Of ndelble ALE
glance and acknowledges that British subjects can dvest
themselves of their nationality by foreign
1t may be hoped that the principles will recog
nized by other countries with respect to aliens natzd
within the British dominions and accordingly recon-
that efforts should be made procure that reciprocity
well to the children of British sub iccs born
whit
proposed to confer the children born Of alien parents
within British territory This might be effected by agree
conventions concluded with different States sepa
ratey better perhaps by of general
arrived conference otherwise by the Powers
most interested In the subject
The report concludes by recommending the abo-
ton OF the mixed jury system. IL was instituted by
Edward III. as an encouragement to foreign wOOllen
merchants to resort to the English market. The
foreigners on mixed jury are not required to be of
the same nationality as the alien; they may all speak
different languages The system us announcement
and presents no advantagesu