Year: 1867

cations of citizenship arise, not at al
out of any criminal enactments, but
out of thai contract and bond which


connects the citizen with his country,
and which binds both to certain correla


tive duties. This mistake comes from


forgetting what is self evident without


being stated at all, but which is stated


by Vattel in these words:


GO If the body of society or he who


represents it the Government abso-


lutely fail to discharge their obligation,


toward the citizen, the latter may with


draw himself; for, if one of the con


tracing parties does not observe his


engagements, the other is no longer


bound 10 fulfill his, as the contract Is


reciprocal between society aud its mem


bers. 1t is on the same principle also


that society may expel member who


violates its laws"


This right of Governments to with


hold from them who discard all the OBJ
legations pertaining TO their citizenship


the powers and rights which come


alone from performing these obliga.


tions, is one which, by necessity at


taches to and inheres in the very ma


ture and structure of all civil society,
and has been acted upon and enforced
as a self-eVident right of all govern


ment in every stable Government that


has existed since the world began.


This identical principle was asserted


at the origin of your Government in the
legislation of every one Of the States
of the confederation was repeated


and re-enacted by three, at least of the


first Congresses under the Constitution


and has been virtually re-enacted by


being kept in force by every subsequent
Congress which ever met under the
Constitution.


But, sir, l am not about to enter
upon an argument which l submitted
to this House on former day ). and
only allude to it now to submit to the
House single suggestion about 1t. 1t
is this which Is submitted as an Illus
tration and proof: -.-


There is child before you. He moves
about in the simplicity of his yonng
nature, unconscious of the dignity
which is upon him. He goes under
your flag to another country. There
another Government Injuries his life,
his property, or even q hair OF his head.
For that injury, sir, what ought to hap
pen ? Nay. sir, by the very law of your
nations life and honor what must hap
pen! Now, nothing has occurred ex-
cept that foreign Government put its
hand in insult or injury upon little
boy, and he upon the other side of the
globe, where midnight is when we have
high noon. But then the boy was our
country's and was under its flag. When
the tidings come to US that the child
was hurt, if needs be for his redress
every sword in the land, and every gun,
every arm in the land and every heart,
and every dollar of money pass eager
ly under rsquisition to the work of
that child's redress and for that re-
dress your armies and nAvies start OF
in a procession which girdles the globe
with the light of your banners.


And, sir, why all thisi 1t is because
that child bore with him what, thank
God and the armies of America, is to-
day the highest of earthly dignities /;
higher than that which made the per-
son of him of Tarsus sacred in the
presence of Hebrew mob. The boy
was an American citizen.


But, Mr.. Speaker, others are in for
eign lands from our country Mason,
Slidell, and Breckenridge are abroad.
Should one of these be hurt as the boy
was, who in this House will arise and
say that his avenging belongs, by any
law of the Constitution or of honor,
law of men or of God, to his outraged
country!


will yield to any gentlemen on the
other side who will rise in his place
and say that this Government should
resent any insult or injury to such men.
(After pause.) There is no response !;
no voice in all the loyal section of the
country will be heard to assert it. 1
therefore assume that there ayenging
belongs not to my country. Now, why
not? Mason once did have the right
to demand your protection, and he is
uneonVicted to-day. Why has he not
the right to make the demand now
Why did your Government refuse to
consider Thresher, unconvicted of any
offense againt your laws are not entit-
led to the rights of an American citi-
zenl Why did that man-Mr. Web
ster-Who then administered your De-
partmsnt of State, and who is to stand
forever in your country's history un-
matched and solitary, as the master of
your constitutional and your public
law, refuse to accord the protection of
this Government to one who engaged
in the Lopez expedition, but who was
of any crimei Sir, in the
light of history, of law, and of reason,
there can be but one answer: that
along with the repudiation of the obi
cations of citizenship, the rightlto claim
its privileges perishes in so far. as the
choose to forfeit them.
And it is upon this principle that we
may rightly enact this section into law.


Now, 1 shall say nothing more about
this sixth section than have said. Ny
own objection to it is, that it fails to |
assert the right to life which my Gov
eminent has; it is poor and i'm
in the extent to which it |
goes. l say, here, in the name of the
loyal people of this country, South and |
North that if we fail to put its stsmp p |
ofdetestation upon the treason of these |
men, by prohibiting them from any
rule and authority in that country, in |
so fsras that prohibition, shall be found |
by the United States to be requisite to |
retain the governments Of the States
and the nation in truly loyal hands, !
we will stab to the heart that Govern
ment which we on all sides of the Hall |
love SO well.


One illustrious in another age said
what has passed into the proverbs of a
foreign t0ngue: DHles ct decorum est pro
DatriG mOri. A distinguished Senator
that to read: at is sweet |
and decent to die for ones country"
But, sir, let me once for all say now
perhaps the last time that 1 shall ever
speak upon the subject in the Ameri-
can House of RepresentstiVes-that if
my Government shall, IN any policies
Of reconstruction that may be adopted,
abandon to their fate the men of the
South, who stood by their country
when their country SO much needed
friends there; the men who proved
their love of country when to prove it
meant to die; and who proved it by
upon their own and their
wives and children's defenseless heads
the storm of huge and merciless trea.
son, and shall, now in the day of the
nations Triumph consign them and
their little ones, and the,pouer of their
SfoFas to Aha dominion of thOaa who