Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1873-12-11
ExTRADrrIoN AND EypArprATIoN

NlOucts. GldIyC ttiZChs " L tnt OH1teu STATES GS1ut
permanently abroad, with their families. Under
the provisions of the act approved February 10,
1856, the children OF such persons are to be deemed
and taken to be citizens Of the United States. but
the rights OF citizenship are not to descend to per-
sons whose fathers never resided in the United
States. II thus happens that persons who have
never resided within the United States have
been enabled TO put forward a pretcnsion to the
protection of the United States against the claim
of military service of the Government, under
whose protection they were born and have been
reared. In some cases unnaturaliZed citizens OF
the United States have returned to the land of
their birth to remain there, and their children. the
issue of a marriage contracted there after Their re-
turn, and who have never been in the United
States, have laid claim 10 our protection, when the
lapse of many years have imposed upon them the
duty of military service to the only Government
which had ever known them personally. Until
the year 1868 ii was left embarrassed by the con
hictlng opinions of courts and OF JurlstS to de
| termine how far the doctrine of perpetual
allegiance derived from our former colonial rela-
tons with Great Britain was applicable to Ameri-
can citizens. Congress then wisely swept the
doubts away by enacting that any declaration, IN
struction, opinion, order or decision of any officer
of this Government, which denies, restricts, i'm
pairs or questions the rignt Of expatriation is in
consistent with the fundamental principles of this
| Governments; but Congress did not indicate in that
statute, nor has it since done so, what acts are to
be deemed to work expatriation. For my own
guidance in determining such questions, | re-
| quested, under the provisions of the Constitution,
the opinion i'll writing Of the principal officer III
each of the Executive departments upon
certain questions relating to this sub
ject. The result satisfies me that further legis-
lation has become necessary. L, therefore, com
mend the subject to the careful consideration of
Congress, and | transmit herewith copies of the
several opinions of the principal officers of the
Executive Departments, together with other cor
respondence and pertinent information on the
same subject. The United States, who led the
way in the overthrow of the feudal doctrine of
perpetual allegiance, are among the last to lndl-
cate how their own citizens may elect another Ia
tionality. The papers submitted herewith
| aIfno yrhnt 10 nnasGnp r1nan
nations in liberality of legislation on this
international question. We have already in our
treaties assented to the principles which would
need to be embodied in laws intended To accom-
plish such results. We lave agreed that citizens
of the United States may cease to be citizens, and
may voluntarily render allegiance TO other powers.
We have agreed that residence in a foreign land,
without intent to return, shall of itself work eX-
patriation. We have agreed, in some instances,
upon the length of time necessary for such intent.
| invite Congress now to mark out and define when
and how repatriation can be accomplished, to reg
ulate by law the condition of American women
marrying foreigners, to fix the status OF children
born in a foreign country Of American parents re-
siding more or less permanently abroad, and to
make rules for determining such other kindred
point as may seems best to Congress.
REPUBLIC oFSPAIN,
In compliance with the request of Congress, |
transmitted to the American Minister at Madrid,
with instructions to present it 10 the Spanish
Government, the joint resolution approved on the
Sd of March last, rendering 10 the people of Spain.
in the name and on behalf of the American people.
the congratulations of Congress upon the efforts
to consolidate in Spain the principles of universal
liberty in a republican form of government. The
existence of this new Republic was inaugurated by
striking the letters from the slaves in Porto Rico.
This beneficent measure was followed by the re-
lease of several thousand persons illegally SOLD a.
slaves in Cuba. Next, the Captain-Gcneral of that
colony was deprived of The power TO set aside The
orders of his superiors at Madrid, which had per
tanned TO the Office since 1925. The sequesttred ea-
tates of American citizens, which had been the
cause of long and frequent correspondence, were
ordered to be restored to their owners. All these
liberal steps were taken in the face Of violent OPP
position. directed by the reactionary Shareholders
of Havana, who are vainiy striving to stay the
march of ideas that has terminated slavery in
Chrlstendom, Cuba only excepted. Unhappily,
however, this baneful influence has thus far sue
seeded S;b.,o, in n d%sfeating the efforts Of
slavery in Cuba, and in preventing the
promised reform in that island. The struggle
for political supremacy continues. The pro-slavery
ar1stOcracy IN Cuba is gradually arraylng itself in
more and more open hostility and defiance of the
home Government. whileit still maintains a polit
lcal connection with the Republic in the peninsula
and although usurplng and defying the authority
OF the home Government whenever such usurpa-
ton or defiance tends in the direction of oppres-
sion or of the maintenance of abuses, it is still q
power in Madrid and recognized by the Govern
meHt-thusf forming an element more dangerous
to the continued colonial relations between
Cuba aud Spain than that which inspired
the lnsurrection at 1arra. An element opposed to
granting any relief from misrule and abuse. with
no aspirations after freedom, commanding no sym
pathies in generous breasts. aiming to rivct still
stronger the shackles of slavery and oppres-
sion, has seized many of the emblems Of power in
Cuba, and under professions of loyalty to the
mother country is exhaustiug the resources of the
island, and Is doing acts which are at variance
with those principles of justice, liberality, and
right which give nobility of character to a Repub,
lie. In the interests of humanity. of civilization
and of progress it is to be hoped that this evil III
fiuencc may be soon averted.
THE vIRGTNIUs DIFFICULTY.
The steamer Nirginius was, on the Goth day Of
September, 1870, duly registered at the Tort of
New York as a part of the commercial marine of
the United States. On the 4th of October, 1870,
having the certificate of her register in the usual
legal form, she sailed from the port of New York.
and has not since been within the territorial juris-
dlction of the United States. On the 3lst of Octo-
Der last, while sailing under the flag of the United
| States on the high seas. she was forclblv seized bv
the Spanish gunbOat Tornado and was carried INTO
the port of Santiago de Cuba, where many of
her passengers and crew were inhumanly,
were citizens of the United States, without due
! process OF law, put to death. 1t is a well-estab-
iished principle asserted by the United States
from the beginning of national Independence, re-
cognl2ed by Great Britain and other maritime
powers, and stated by the Senate in a resolution
passed unanimously on the 10th of June, 1853, that
American vessels on the high seas, in time of
peace, bearing the American flag, remain under
the jurisdiction of the country to which
they belong, and, therefore, any visitation,
molestation, or detention of such vessel
| ~ h'iSN oH thS an " u loiClSh pV"tl L
IN derogatlon of the sovereignty of the United
States. In accordance with this principle, the res
toration of the Virginius and the surrender Of the
Survivors OF her passengers and crew, and n due
reparation to the flag, and the punishment of The
authorities who had been guilty of the Illegal acts
OF violence, were demanded. The Spanish Gov
ernmeat has recognized the justice of the demand
and has arranged for the immediate delivery of the
vessel, and for the surrender of the survivors of
the passengers and crew, and for a salute to the flag,
and for proceedings looking to the punishment of
| InDSe. VINO NAV be proved to have been
guilty of Illegal acts of violence towards
citizens Of the United States, and also to-
ward indemnifying those who may be shown to be
entitled to indemnity. A copy Of a protocol of
a conference between the Secretary of State and
the Spanish Minister, in which the terms OF
this arrangement were agreed to, is transmitted
herewith. The correspondence on this subject
with the Legation of the United States is in cipher
and by cable, and needs the verification of the
actual text of the correspondence. 1t has seemed
to me to be due to the Importance of the case not
TO submit this correspondence until the
It is expected shortly, and vii
be submitted when received. In taking leave OF
this subject for The present, / wish to renew the
expression of my conviction that the existence OF
African slavery IN Cuba Is a principal cause of the
lamentable condition of the Island. | do not @oubl
that Congress shares with me the hope that it viii
soon be made to disappear. and that peace and
prosperity may follow its abolition. The embar
going of American estates in Cuba, cruelty tc
American citizens detected in no act of hostility tc
erS taken with arms in their hands, and finally the
capture upon the high seas of a vesse
sailing under the United States flag aud
bearing a United States registry, have cul
minated In an outburst of indignation that has
seemed for a time to threaten war. Pending ne.
gotlatlons between the United States and the
Government of Spain on the subject of this cap.
ture, | have authorized the Secretary of the Navy
4 IN mt nnr pn,rr 49,