Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1872-05-08

causes. In 1898 returned here account % Tic
sickn of his wife. who died in Scotland. bis second
return for his health In 1905 he cumneur ed
business IN Liverpool as American merchant. Hl-
employment was that of an American merchant. ship
ping goods England receiving Amer produce
sell there on commission His residence in England wa-
IN time Of peace
New, let US see what the court say. The
court say, in deciding this case
The question whether the person be affected by
the right Of domice had sufficiently made known his
intention of fixing himself permanently iu the foreign
country must depend uon all the circumst Of the
case II ne n9d made no express aeeiaratipn on the
subject and his intention is 10 be discovered hiS
acts must be attended 10 ah1rdins The most sa Star
tory evidence Of his intention.
On this ground 1t i that the courts of England have
decided that person who removes foreign CouHtr,
settles himself there, engages IA the trade OF The
ntry, furnishes by these ac,, such evidence OF his in
tenton 10 reside there % stamp him with the ma
uonai character Of the state there he resides In
questions this subject the chief point % he consider
ed - the GHiBS BtIHeRdi and courts devise such
reasonable rules Of evidence As may establish the tact Of
intention. II it sufficiently appear that the intention Of
removing was 10 make permanent settlement or Tor AN
idence Of few days. This the
British courts and appears he perfectly reasonable.
Another that neutral or subject found residing m
foreign terOfv Is rfesuue cd % e theC amino guHeHdi
and II state Of hould bring his national character
into question: lies upon him 10 explain the oircum
stances Of his residence
In that case the court held these goods
were the goods Of an enemy OF the country,
of e person who had established his d1micue
as permanent resident Of England, and the
goods were condemned The court held they
were properly condemned. Justice Wash
ington submitted the opinion Of the court,
and Justice Story gave full aud cordial as
sent to it, saying that it was entirely in ac-
cord with the long line Of decisions IN prize
cases.
Mr.. ELDREDGE. II the gentleman will
allow me, will suggest to him that think
he has not quite apprehended the force Of
my question. Ny question had reference to
rule Of evidence. Ii it be once conceded
that this man Houard was citizen OF the
United States at a gwen time, does it not
devOlve upon those who Ike the opposition
to show that he was not citizen at another
time later than the time he was conceded 70
be a citizen
Mr.. WILLARD. If the gentleman from
Wisconsin MIR Eldredgel viii pardon me
for saying 80, ] think he Is the one who Is
under a pi7apprehension and not l.
The courts say in this case
neutral or subject found re-tIiu- lu d l.s...u
country presumed % be There aqia.. H.a.rI.sdi.
lt was saii further
'' And 90 state o. war should lr.u- ir- ua.auai
character into question, lies upon hm g. explain tHe
circumstances 90 hr- residence.
That IL what have hcen cIutcn ing for,
and is exactly in point as an answer to the
Gentleman's question.
Mr.. ELpREDaE. viii the gentleman al
low ne
Mr. WILLARD | cannot yield to the gen
tleman TO argue the question. ] is Just as
plain as language can make it, that person
residing abroad IS presumed 10 be g porma-
nent resident. and that 10 lies npur the
person himself. when his citizenship Is call
Cd in question, to explain, aud explain sat
isiactorily, tho circumstances Of his resi-
dcncc.
Now, we have not only this decision ll She
court but we have the decision o. Mr. Mar
cv, in the paper uiirccsct ~ h.m ,5 Nr
Huiscmlnn IN the kJ>z,i ease / should like
to read more az 'cnErh from the decision D
Mr. Marcy than my time Will permit. My
colleague on the committee, the gentleman
from Ohio, Mr.. Amber, did read from 1t,
and | quote again from It that tho law ap-
pliceble 70 this case may be fairly spread
upon the record.
As respects especially the point made, that
upon the declaration OF KJszta himself that
he intended t. become a citizen Of the nIted
Sta ties. that declaration amounted. Is | have
already said, to nothing whatever, except as
evidence Of his intention; not being in any
sense evidence of citizenship, but only evI-
dence of his intention 70 remain IN the
country long enough t. re permanently
domiclled here and 10 become a citizen ot
"
said
..Tt,- no. -ort.nd.i t1st ti- ,n,ta.r, - IN l. ar-
res Of nat- za'aa invested h.r v O.. il pie ID r-at-
- aH Amsi''tn 'l-ri '!, ~ 4 ~u..,eH, ~ | ' ,.y t,
American nationality aud in ,irtae r1crrof az t..
eminent Of the niied states W'7 "'ha"<ct +" rNfe"'
ann ii. ,be uniar-i.r.i hreyr- f,ir- iura + srsst
error. error fatal t' ut h'- most Important con
=. i, \, 't r, pr ,,.
This thc doctrine International law, Is The
practice 81 nations sif' ,f.,d "..nn . mar
com cac aas.,io- n I'LL nature b., Z ,crt f'r mum
cpal code- In relation ta thi- -uhlert . has clear and
n'L RUE "l 7 own 4''es '' "'''i' ''
a.. ...-..;.- .f
Al. ues,ie ~ - "
~, - M. ,'-,,,,.,+,,,,,
$500.
an re.ident, IN IL ,yho r tre m or rer ,,h,nt N
intention 10 become citizens provided they have do-
meile therein torelener- may snG often A. aeqafe
Win the |vo,et ii,tenti.n nor f become uafarsllei
citizens, but return 60 their land a. -ee rcuo'a
3no @ HIsSr'n pfoI ,t anu j., nengHe .Fs , ll
he national character Of country that domire
Il is maxim Of International law 'hot m'elIe con
ls anirc 10 &C. ,bs SSIri rsrre t %
erred it force. it upon hm often very much against
''7 W w. '''' '' '''' '''
Now. can the proposition he move strongly
ste ted the eery proposition Of law upon
which that case was rested, and the only
proposition of law upon whici it can he
justified? Why, sir, It does not require that
man should be naturalizcd citizen of the
United States or Of any other country to
nave the national character OF the country
impressed upon him, TO become liable to all
the duties which accompany that character,
TO be compelled TO contribute to the support
and maintenance Of the Government, and { o
give his arm and hie life, if called upon, in
its defense.
In our last war we passed law authoriz-
ing draft, and every person within certain
ages in the United States who was a clti-
zen, or who had declared his intention to