The Portland daily press., 1873-12-03

that quarter, under the treaty of 1880, have
not felt ready formally to accept the pro-
posed change without the assent of Congress-
whose decision upon the subject at as early
period as may be convenient is earnestly re-
quested.
sANTo DOMINGO ASKS FOR PROTECToRATE.
l transmit herewith for the consideration
and determination of Congress an application
of the republic of Santo Domingo fer this |
government to exercise a protectorate over |
that republic.
TREATIES WITH FOREIGN POWERS. |
Since the adjournment of Congress the fol- |
lowing treaties with foreign powers have been |
proclaimed naturalization convention with |
Denmark, a convention with Mexico for re- |
newing the claims commission; convention |
of friendship, commerce and tradition with
the Orange Free State; and a naturalization
convention with Ecuador.
TRANSMISSION OF COMMISSIONS
A recommendation made in my message of
December, 1870, that Congress authorize the
Postmaster General to issue all commissions to
officials appointed through his department is
renewed.
THE QUESTION OF CITIZENSHIP.
1 invite the earnest attention of Congress to
the existing laws of the United States respect
ing expatriation and the election of nitionali-
ty by individuals Many citizens of the United
families BY the provisions of the act APPROX
ed February 10th, 1865 the children of such
persons are to be deemed and taken to be citi-
zens of the United States but the rights OF
citizenship are not to descend to persons
whose fathers never resided in the United
States. 1t thus happens that persons who have
never resided in the United States have been
enabled to put forward a pretension to the pro-
lection 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 naturalized citizens OF
the United States have returned to the land OF
their birth with the intent to remain there aud
their children, the issue of marriage contract
ed there after their return, and who have never
been in the United States have laid claim to
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
it was left embarrassed by the conflicting opin-
ions of courts and of justices to det .rmine how
far the doctrine of perpetual allegiance derived
from our former colonial relations with Great
Britain was applicable to American citizens
Congress wisely swept these doubts away by
enacting that any declaration instruction, ,opn-
ion, order or decision of any officer of this gov
| ernment which denies, restricts, impairs or
| questions the right Of expatriation, is ilcon-
| sistent with the fundamental principles of the
| government; but Congress did not indicate in
| that statute nor has it since, what acts are to
| be deemed the work Of expatriatiOn.
| For my own guidance in determining such
| questions, required under the provisions of the
| constitution, the opinion in writing of the
| principal officer in each of the executive de
| partments upon certain questions relating to
| this subject. The result satisfied me that
further legislation has become necessary. I
therefore commend the subject to the careful
consideration of Congress and transmit here.
| with copies of the several opinions of the prin-
cipal officers of the executive departments to-
| gether with other correspondence and promi
| npnt information the same subject
| The United States who led the way in the
| overthrow of the feudal docItne of perpetual
allegiance are among the last to indicate how
| their own citizens may elect another national
| ity. The papers submitted herewith indicate
| what is necessary to place US on a par with
| other 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 the laws intend
| ed to accomplish such results. We have
| 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 foreign land without intent
to return shall of itself work expatriation.
We have agreed, in some instances. of the
length of time necessary for such intent,
invite Congress now to make out and define
when and how expatriation can be accomplish
ed, TO regulate by law the condition of Ameri-
can women marrying foreigners, to fix the
status of children born in a foreign country of
American parents residing more or less perma-
nently abroad, and to make rules for determin-
ing such other kindred points as may seem best
to Congress-
DIFFICULTIES OF THE SPANISH REPUBLIC.
In compliance with the request of Cong re ss,
I transmitted to the American Minister at Mad
rid with instructions to present it to the Span
| ish government, the Joint resolution approved
| on the third of March last rendering to the
| people Of Spain, in the name and on the behalf
| of the American people. the congratulations OF
| Congress upon the efforts to consolidate in
Spain the prinei Piles of universal liberty in
Republican form of government The exIs-
tence of this new Republic was inaugurated by
striking the fstters from the slaves in Porto
| Rico. This benifcent measure was followed by
the release of several thousand persons illegally
he'd as slaves in Cuba. Next the Captain Cen
eral of that colony was deprived of the power
to set aside the order of his superiors at Mad
rid, which had pertained to the office since
1926. The seqnested estates of American cti-
zens which hid 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 opposi-
ton, directed by the reactlOnary slanderers at
Havana who are yainly striving to stay a. the
in Christiand6m, Cuba only excepted.
Unhappily, however, this rbaneful influence
has thus far succeeded in defeating the efforts
of all liberal minded men in Spain to abolish
| reform ip that Island The struggle for politi-
| cal supremacy continues The pro-slavery and
aristocratic element in Cuba is gradually ar
| raying itself in more and more open hostility
| and detiancs of the home government while it
still maintains political connection with the
Rspublic in the peninsula; and although usurp-
ing and qefyi1g the authority of the home gov
ernment, wherever such usurpation or defiance
tenders in the direction Of opRositieq or of the
maintenance of abuses, it is still 2 power in
Madrid and is recognized by the Government
Thus an element more dangerous to contin-
ued colonial relations between Cuba and Spain
than that which inspired the insurrectiOn at
COrea-an element opposed to the granting
any relief from misruie and abnse, with no as
piration after freedom, commanding no sympa-
thies in generous Breasts to rvet still stronger
the shackes of slavery and oppression, has
seized many of the emblems of power in Cuba,
and under professions of loyalty to the mother
country, is exhausting the resources OF the Is
land and Is doing acts which are at variance
with those of justice, of likerality and.of right,
which give nobility of character to q republic;
In the interests OF humanity of civilization and
of progress it is to be hoped that this evil in
fuence may be soon averted.
THE v1RGM1Us
The steamer Virg'nius was, on the 26th day
OF September, 1870, duly registered at New
York as part of the commercial marine of
the United States On the 4th of October 1870
having received the certificate of her register
in the usual legal form, she sailed from the
port of New York and has not since been with
/
States. On the 31st day of October last while
sailing under the flag of the United States on
the high seas, she was forcibly seized by the
Spanish gunboat Tornado and was carried INTO |
the port of Santiago de Cuba, where many of
her passengers and crew were inhumanly, ard |
SO far at least as relates to those who were cti- |
zens of the United States, were without due
process of law, put to death. 1t is we'll es-
taalshed principle, asserted by the United |
States from the beginning of their national in |
dependence, recognized by Great Britain and
other maratime powers and stated by the Sen |
ate in a resolution passed unanimously on the |
10th of June, 1858, 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, moestation or deten-
tion of such vessel by force or by the exhibition
of force on the part of foreign power, is in
derogation of the sovereignty of the United |
States.
In accordance with this principle the restora-
tion of the Virginius and the surrender of the !
survivors of her passengers and crew, and due |
reparaton to our flag and the punishment of |
the authorities who had been guilty of these |
Illegal acts of violence, were demanded. The |
Spanish government has recognized the justice |
of the demand and has arranged for immediate |
l41. r.. Al