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' BUSINESS DIRECTORY
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AT-L.AW 4 MatOR,
ATTOgSEX-AT-LAW A Notary PnWior
X)e in Parson's Building.
P. VOOOBOTI , ;m - : - : !
V ATTOKJtBV-AT-LAW HotaTy radlio.
- r,-in)Be-51 South High stree.
Jjrl'0,i ' !l (i '
TBISON & CO ,
r!r iri PtttahnrrV anil nlitnRnal.
"Joke, Dram Tile and Monetae wer fipe.
Mn.331 Aorth Bith atraet.
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Office, IS fast Broad street.!
(Jt .Dealer in Supleand Fancy Drj G da
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C.Ut.AVLBl cCO. .
ForeiKa and.Uomastio nrT Goods, Cloths,
. SSU i SS3 South Hieh tr eu .
iTlTEO STATES HOTEL,
Vomer ttxgB and Town streets.
E. J. BLOUN r. Proprietor.;
.XIATIOAAI. HOTEL, . .
Ai ' Opposite Depot.
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tVT'rJLEIt Ht)IEr , . ' " -
i Corner roartb 4 Friend ts Commodioms
aso and extensive stables . i
I Unuth Hish street. OooA stablinz attack-
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... W.P. THATCHERiProprietorJ
COII3ECrlCCT BlBTtjAL LIFE IPC
aranoac'Company. Aneta. 316.iOQ.O0O.
.... . , Wli. JAAllONAfieDt.Voluubna.O.
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lire tok ataiost theft and' aeeident. Offioa. cor.
fiib and Btoadat. -.Alt- MTiiaoa,:Ohio State AkU
T"Hf. kcwkjrk; ... . . i
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Ho. 6 Opera House.;
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A Columbus, O. Cpiuiand Assets, (S6i614.
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"ZXJSews i Dealers Bookseller and Rtatloner.
Si o. 5 booth High street, next door to rostolhce
T7tE3. "JMLBIANJJ. :
X1 ews.iealer, Uookaeller. Stationer and Bind
er. raDucauwu uuuuiLuermaD ina cng-isa.
- . , . -- .231 fiotKb iliitn street.
a HDKeWS, rcinttl dc fjw. -
'cVr: Manufacturer andiealer in Writing, Frint-
ng andVV lappibg rapers, UuA 86 Aorta tlign eu
lVIMS A mvKKs. 'A i
Dealers in Priming, Boot, Writing and Fin
rapers wi,sa a u oer.n.uign street. ,
,TTiv,Bl0 W, Itt..J. . " . !
a iXiia Ko. 8 Opera House.- - Treat-' Diffca- bs sf the
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ii J.., i sJl 1 tf a. W i.st ttruai street.
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J a. PH01OUKAlHi.it. 107. South Uiah-street
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Phoiorapbi, Ambrotypes, Oems, etc., etc.,
Iw3b south High siree...
TTlAAKi 1X4 BAftGfe BESTACBANT,
w X o Corner btaieaod b ish streets.
.-. .u i . CHiBLKV AiYlia. Proprietof. I
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fSTATDBlf !P8. CTOHJgOH. ; TfjB. HATBK1C.
H1TDEN, BUTCBESON & CO.; i
. 13 8. Hlttli STREET,
K VJHISRY; BRANDT;;Wllit.JJ
liiquors of all Kinds J
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COLUMBUS, O., WEDNESDAY MORNING,
APRIL 8, 1868.
The Natural Rights of Man Paramount
to the Delegated Powers
of the Government.
HON. PHILADELPH VAN TRUMP
HON. PHILADELPH VAN TRUMP AND
HON. PHILADELPH VAN TRUMP AND HON. GEORGE W. MORGAN,
HON. PHILADELPH VAN TRUMP AND HON. GEORGE W. MORGAN, ON
THE EXPATRIATION BILL;
In the House of Representatives,
March 10, 1868.
The Househavlnst nnfler corisljeratlon
the bill (H. R. No. 768) concerning the
riehts of Amcricaa citizens in foreign
Mr. VAN TRUMP said :
Mr. Speak kr : In the present condition
ot inv health. I ehould not have felt in
clined to take any partTin ttris debate, even
upon this great question of expatriation,:
were It not the fact that I represent a large
nntnoer oi Dotn native and adopted
citizens, who have petitioned Congress
to - take prompt and decided action
upon the subject. I had the honor to
present to the House a few days since, for
lis appropriate rttereuce to.tlie committee
on Foreign Aliir8,,a petition, signed by
more than six nunarea citizens ot my ais
trict, praying Congress to take such action
upun the subject as would evince to the
world that we are determined to assert ana
maintain the rights of our naturalized tel
low-citizens, and also to declare, bv the leg
islative voice of the Republic for the first
timts t tw history,- what UiosecrehUs are in
clear, distinct and unequivocal terms.
standing In this position in relation to mv
constituents. I yield to all the responsibil
ities or my situation in suhmltting, as brief
ly as possible, my views upon this great
public question; and l cheertully and grate
fully returnmy' thanks .to my honorable
friend and colleague Mr. Morgan for his
personal kindness in yielding to me the
time which belonged to himself as a mem
ber ot the committee on Foreign Afiairs.
Sir, whatever may be the late of
the bill now before us, one advsn
tage - aU--leaat. will- be derived from
It; the enlightenmeut.ot the publfc mind
and the attraction of the public attention
to the subject at large .by the very full and
exhaustive debate to which it has given
rise. It concerns the public interest, as well
tjbe rights fit .the individual citizen, .so di.-
rwuji Bqu.su ratteubiniiy luau ii-ia.uuub uiii
to command a qegreept popular attention
commensurate .' with its: national impor
tance. ; A a Question of natural, inherent.
add furldeiueutal right bCloTrging to man
In ins character ot citizen the omission on
the part of the American Legislature.
from the foundation ot the Government
up to this time, to declare its exist
ence, and especially to provide the appro
priate means ttmlEsexe-rclsa, la a most re
markable fact, anJ, if still neglected and
omitted on our part, will attract the ear
nest attention of the whole country the.
more the question is agitated among the
people. It is a question, sir, which emi
nently belongs to the people. -JThey will
not onlv reauire that we shall legislate
upon the subject, but they will demand at
our hands lull and ample legislation, both
declaratory and remedial. Tbey will give
us to understand, in a way not to be mis
understood or disregarded, that there shall
be no more evasion o&mbiguity in ibe leg
islative action of the. Government,
such as has marked the history of
the past, either in relation to the right it
self or its remedy. The President of the
United States, in his late annual message,
has recommended the subject to our serious
consideration, and the voice of the people
in the numerous petrtibfls sefitlip to us has
strongly seconded this timely movement on
the part of the Executive. '
Mr. Speaker, I need not argue
at any length, if at all, the
question of the inherent and inde
leasible right of expatriation as belong
ing te-etery free-born citizen.-. Thatprop
osktion baa. already been exhausted by the
able speeches of gentlemen who have pre
ceded me. I will say, however, in passing
along, that it is one of those great and
self-evident truths whose simple statement
amounts to a demonstration. It is a right
which-lies. -much. deeper, and broader than
any, privilege nor duty filowing from the
qualified rights which create and give
lorce and effect to the mutual obligation
existing between the citizen and the Gov
ernment under which he has consented, for
the time being, to live. There are certain
qualified .nd imperfect rights which every
(uarf guftender-i when he consents to be
come a portion of :he legal civil organiza
tion; and which implies, and absolutely
creates, on the part of such civil govern
ment, an obligation to protect him in his
life, liberty, and property. Voluntary ex
patriation is nothingmore than an exer
tion of this right to personal liberty thus
guarantied by the Government to the indi
vidual. The right of personal liberty and
of unconstrained locomotion-is the pri
mary abject of - ail. civil government.
But this right, of expatriation is
rtill more abstract and original; for it is the
creature not of municipal but ot natural
law. The greatest writers on public and
natural law. reared and educated even un
i'ee the shadow) of throne,such authors as
Vattfk BurJamquf. Wkkeufort, and By nk
erscboeck, all 'put it upon the ground of
But notwithstandir g, Mr. Speaker, I shall
assume . that the right of emigration and
its concomitant privilege ot expatriation is
not only a right so well founded in the uni
versal law of nature, but is so generally ac
knowledged among the civilized nations of
the earth, as to need neither argument nor
testimony to-establish it, 2 tanni't refrain
from quoting a moat striking passage from
the almost forgotten essay of Noah Web
ster, republished during the war of 1812,
but written in 1789. in which he demolish
es the absurd idea of a great English judge
that allegiance to the sovereign was not
-onlyaperpetual bligatiorxr bntwasfonnd-
ec; o natural taw, j in is, sir, js.one.oi die
monstrous " absurdities to - which the
advocates of the "divine right ot kings"
are driven in their defense of
the doctrine that "once a subject always a
subject." . The right of expatriation und
the duty of ailegianoeCHnnot both he
founded in the law oi nature. There can
exist no antagonism in the laws of God.
The essence of His moral law is the spirit
of harmtmy. He gies no right but
what is consistent with duty, and im
poses no obligation'which shall destroy a
right thus given. Upon this question of
the duty of allegiance being derived from
the law ot nature the great American lexi
cographer is an overmatch lor the great
EiiglitB jurisconsult.' .He thus triumphant
ly exposes the fallacy ot the .English, law-
ui.ltai1! . rAasnni ni ! -: " - "
"Blackstone says 'that natural allegiance ia a
debt of gratitude,' because the subject is. under the
kins s protection wouean lniaut. db miKuijuHtaB
.well say protection is a debt of gratitude due from
tbe prinoe. because the snbject is born in his domin
ions. On this prineioleof gratitude- child is obliged
to obey and terve his parent after be bas left his
mu. ii j and wbile ne lives, inis dent, according to
the same author, cannot b canceled but by concur
rence ot thw Lt gislsture. How, in the name of rea
sun. oan an sot of the Legislature diss lve a nstural
Uei aio can it cauoel adebt of gratitude 1 -Common
sense looks with disdain on such weak and futile
masoning. Hat, lf.trriresssuoh a thing as natural
and perpetual allegiance, an Knglithman who re
moves to France eaunottnke arms to defend France
against an invasion iroin England. Is this agreeable
to tbe laws of nature and society, that a man should
not rmteot himself, hi. family, and his pr party?
It will be said that the man is within the JSngliib
kirg's allegiance, and entitled to his pro-ectlun
But tbe king cannot proteot him ; it is beyond bis
power, and tne bnglisnman is not obliged to leave
France and seek protection in Engl .nd. His estate
and bis family a ay be in France, and. if be chooses
aaaiia AharoU is-wsiiiaUaaableigbt aua duty, to
,defendotll.acint anyinvajaon tahauver. tfcvary
war, except a defensive .ne, is a breach of the moral
law ; but when a natural born subject of England
has become a citiseu of France he is subject to the
laws of France, and bound to assist, if required, in
defending the kingdom against his natural prinoe."
Mr. Speaker, this fight of expatriation, as
tbe consequent political result of the act oi
emigration, is as old as civil government it
self. It existed in tbe best days of Greece
andRome. It was apostrophized Jby ye
uiimfirtal TulwJiknllefeuee ofBalbiie.
0 (lorioaa right, by divine favor, obtained for
ns by our ancestors in the commencement of the
Roman name, by which no man oan be a eitisen of
more than one eommonvealth ; by whioh no man
can be compelled to leitve it auainst his will, nor re
main in it against his inclination. This is the firm-
"64 foundation f our liberty, that every man shall
have an absolute power to retain or abandon his
, rights at bid election." . ,
; . Mr. . Speaker, the whole principle, the
.very essence of this great right of
'self-expatriation, ' is embodied . Lu this
single sentence, ot Cicero; it enu'nei-
ates thejjreat truth that the natural rights
of man are paramount to the delegated
powers of government. As long as the libs
erties of It'ime existed this great right of
her citizens endured. But, sir, there came
a time, long after the liberties of the Ro
man .people had . perished by nsurpation.
when there was a sad retrocession of this
ancient right of the people. The rise of
the feudal system in Europe organized a
very different condition of society and laws.
To this dark era of human degradation,
when civilization was pushed back by van-
"-dalism and Gothic barbarity, we owe the
origin of this slavish doctrine ot perpetual
allegiance. T William the Conqueror car
ried it with hiru into England; atid.it ex
.is'ts there to-day as the 6ervile relic of the
'Norman conquests. , The question now be1
fore us and the American people, revived
by recent events and acti of aggression and
, outrage on-the rights of our. naturalized
jeitizens by' the British Government, -is
' whether we shall take an open, and bold
' stand in defense of those rights, to ignore.
" which would be to abandon the fundamen
tal principles upon which our Government
. is based. . And this brings me to a more
1 Immediate but very brief consideration of
'.the report and bill now before the House,
as reported by the committee on Foreign
Affairs, the present bill being a substitute
for the one originally reported.
" Mr. Speaker, there is one proposition
very clear to my mind, and it is this: we
should legislate upon this. very grave and
delicate question up to its highest status
' of dignity and importance, asserting all its
rights and assuming all its-responsibilities,
or we should not-legislate upon it all. I
shall show before 1 take my seat, by a brief
recurrence to our past judicial and legisla
tive history upon this question, that if we
pow act at all we should act fully up to all
' the serious requirements of the occasion.
I do not mean to say, sir, that if my views
..are not embodied in this bill, by way of
certain amendments which I shall propose,
I intend to vote against it. Not at all. ,If
it is the best thing we can get, by way of
establishing, among other things, a mode
of evidence of the fact of expatriation, it
shall have my earnest support, although
it may partake more of the nature of
- a resolution than a law ; a declaration
ot opinion more than a rule of action
tor ootn uovernment ana citizen. . 1 am
tree to admit, bowwer, that the present bill
is a very great Improvement upon the for
mer one. I very much regretted, Mr.
Speaker, that the distinguished chairman
of the committee on Foreign Affairs f Mr.
Banksi refused the other day to entertain
' the important amendment proposed by my
nonoraDie friend irom Jrennsylvania Mr.
. wooawaro I to tne out as originally report
edlo the House; Some such amendment
to the original bill-was neoessary, if we in
tend by the present legislation to put an
end to the doubtful positiou which this
Government has heretofore occupied upon
this question. I had also ' prepared some
amendments to- that bill, and which the
gentleman lrom Pennsylvania Mr. Wood
w:ard and myself had compared with his
own. They are similar in design, though
mine are more specific in detail. Unless I
shall be cut off by the operation of the pre'
vious Question, I Intend to offer them as
amendments to -tbe present bill, and I now.
L sir, wish to have them read, for the infor
mation of the House; or, if that is object
ed to, I desire the Clerk to read them as
part of my remarks, so that, they may go
-to tne country along wun tne 0111. tie will
.please read from page 12 of the printed
The Clerk read as follows r .. ,
Ad'S to original bill the following sections: '
" 8to. . A'.d b it further enaiteit. That when-
ever-anv eitisen of the (Jnitel States, either native
born or adopted, by a declaration in writing, made
and executed in a district court of tbe United
states within the btate where be shall have held
bis last eeal residence, dona in ooen court, to be bv
said court entered of record in sa.d court, declare
that he relinquishes '-he character of a oitisea of
the United States and shall thereupon depart out
' of the United 8tates, such person ansll, from and
after she time of his said departure, be considered
-as having exercised hi r-ght of expatriation under
this act, and shall thereafter bs considered as no
cttrzen of the Lnite-f estates, and as absolved from
all allegiance thereto, and as having voluntarily re
linquished al. rigbt and benefit of protection there
; rlKC And it it further madid That any per
' Fon, either as a native or adopted citiz n of ihe
United Mat's, making sucn declaration, and depart
ing out ot the United pitates in accordance there
with, and beinc thus bv this act deprived of all Dro-
teo ion from, and absolved from allegiance to the
United iStates. shall not thereafter ag-iin r econie a
citizen of the United States in any other manner
than under and bv virtue of tbe provisions of the
' naturalization laws tnen existing. -
Mr VAN TRUMP.-' Mr. Speaker, the
adoption of these or similar, amendments
will not-omy De appropriate put essential,
for two' reasons :
First. That inasmuch as the act ot expatrla
; tion depends alinostentirely upon a question
.'of intention on the part of the citizen, it is
. a matter of the highest importance, both to
Government and citizen, that some author
itative 'means should be adopted-by law
whereby such fact of intention shall not be
left to be solved by doubtful acts or more
doubtful construction. It such system Is
adopted then the citizen knows that such
intention is manifested and made suscepti
ble of proof by certain record facts, which
relieves him from all apprehension of
any infraction ot the laws ot the country
he has just left, by" acting in accordance
with bis new obligations to the country
of his adoption and the Government from
which he has thus expatriated himself will
'be relieved from the same doubt anduncer
tainty as to its obligation to throw over
him the aegis of its-power to defend and
protect him in a foreign or extra-territorial
jurisdiction."; - - v - r- . ---
Second. Tbe spirit and evident point of
the proposed legislation, as embodied lu
this bill in a much stronger and prouder
tone than in the one first reported, is de
mand of the other Governments otheivll
ized world that they shall recognize the
great principle of the right of expatriation
of their own citizens or subjects when
emigrating to this country with an inten
tion of permanent domicile. -That is what
this bill means, if, in its present shape, it
means anything Deyond a mere, but forci
ble, declaration of opinion. In the way of
.governmental policy and . official action
hereafter 1 desire that it shall mean some
thing more than such mere abstract decla
ration. Whatever. we-require-other Gov
ernments to do we should be willing to do
ourselves; and especially should we occupy
this position now, when we seek to repu
diate our past action upon the very subject
under consideration, bir, since the down
fall of the feudal system in Europe; a sys
tem which branded governmental owner
ship upon man as we brand cattle or mules
.in modern diys, no Government within the
pale of civilization has refused to recognize
this fundamental and inalienable right of
the individual citizen, save that narrow
minded and selfish dynasty which is seizing
and imprisoning, without crime against
her Jaws, free-born American citizens, with
the fixed and nefarious purpose, as 1 believe,
of embroiling us in a war at a time,
as she -thinks, when we are-but illy pre
pared for the copllict. . .
Sir, she has not yet forgotten that one
great national and universal act of expatri
ation which spoke this great fabric of con
stitutional government into being through
the process of revolution. She has not yet
forgotten nor has she yet recovered from a
feeling'of deep national chagrin and hu
miliation at her signal discomfiture in the
war of 1812 upon this very question which
we are now considering. Tnat is the se
cret of all her movements. It was this feel
ing and this design which prompted all her
secret and semi-official movements and ma
chinations in our own recent great and
most unhappy rebellion. Sbehasbeen the
heartiest, and insidious plotter ot our de
struction for more than a quarter of a cen
tury She is even now holding out against
the common opinion of mankind in her
opposition to this doctrine of expatriation
more- to annoy and embarrass lis than with
any! honest design to maintain her own
rights even as she assumes to understand
them. ; Iri all this we owe her nothing up-,
on this question, unless it is to assert and.
maintain ur position- at all hazards,' She!
is entitled neither to our courtesy or re-:
spect ii ; relation to her, past or present
conduct uba this') great question of pub-;
lie law,- -But, Air, we do owe something to
the other Powers of Europe. They stand
toward :;us ,ln : relation to" this ' ques
P .tiou. in quite , a different attitude, i In de-
t inaumpg ttjecpgnitiou ot this principle as
a subject of international law,, we owe to
them a distinct and unequivocal legislative
declaration ; an open and honest avowal,
not only ot our futuri purposes, but also
ot our administrative policy in regard
to our own citizens upon this question ot
allegiance. It should no longer remain
either in doubt or obscurity. ,
. I shall show, sir, before I take ' my seat,
that for some unexplained reason we have
beeu shy of this question from tbe com
mencement of the Government un to this
time. Recent events across the water ad
monish us to change promptly our position
from one of doubt and uncertainty to that
ot a clear and decided legislative recogni
tion of this great right of humanity in all
its just forms and bearings. The honora
ble gentleman from Massachusetts Mr.
UanksJ. in bis remarks upon the origi
nal. bill, a few days ago, made the dec
laration . that, j the United States has
always openly and frankly acknowledged
the right of .expatriation in her own citi
zens. The honorable gentleman also em
bodied in that bill the unguarded declara
tion that this principle has " been insisted
upon and maintained by the Government
ot tne united States." Sir. whether that is
true or not depends wholly upon the mean
ing of the' terms used. If the honorable
gentleman means, by the use of the term
"Government." to embrace only the execu
tive"brancb, and which would be a very ex
traordinary proposition to - come iust now
from that side of the House, tbe statement
would be partially correct, but' not other
wise. : But, in its ordinary and natural
meaning. I do not so understand the pub
lic history of this question in this country.
It may be true fa an unofficial popular
sense, or it may be true even in regard to
our diplomatic intercourse, through tbe
Executive, with other nations. . I do not
know how this may be, but the assertion is
not strictly correct either in a judicial or a
legislative point of view. In that setise it
is not a well sustained historical remark.
Sir, in regard to our past public and offi
cial action, especially in a judicial point of
view, I earnestly indorse the provisions of
tne nrst section ot tne owl new under con
sideration. That section reads as follows :
Be it enacttd. to -. That anv declaration, instruc
tion, opinion, order, or decision of .any officers of
tnis uovernment wnicn aemes, restricts, impirs, or
questions tbe rigbt of expatriation is hereby de
clared ineo ,'Sistent with the fundamental prinoi
pies of this Government, and therefore null and
To show the force and necessity f these
provisions a brief review of the judicial
and legislative history of. this question in
this country is not only appropriate but
important. In the first place, in a legisla
tive point ot view, the passage, by (Jon
gresa of tbe celebrated alien act of 1798 did
not, very successfully show th?t we, even
in tnat eariy day oi our nistory, , "openiy
and frankly acknowledged ' the doctrine,
It is true, Mr. Speaker, that, as a conse
quence of the passage of that act, the ad
ministration ot Julia Adams was over
thrown by one of the mos't .overwhelming
popular demonstrations in the history ot
the country ; but X am looking at the ques
tion, not in its popular aspect, but in that
official - and authoritative character in
which one nation recognizes the po
sition and action of another. The nrst at
tempt witbln the scope of my - investiga
tion or recollection to recognize the prin
cipleby positive legislative enactment was
in 1814, during the war with Eugland. One
reason, perhaps, why it failed and I admit
it would have been a sound and adequate
one if of constitutional authority was the
very fact that we were then engaged in
war. , In January. Mr, Atopertson, a
leading Representative from the State ot
Louisiana, submitted a resolution to ap
point a special committee to inquire into
the expediency ot providing by law for the
exercise or the right of expatriation iu be
halt ; of native and naturalized cit
izens of the United States. ; Like tbe
present proposition now before the
House, it gave rise to no party feelings or
party action. Federalists and Democrats
alike voted for and against it. The resolu
tion was opposed upon various grounds
some thought it ill-timed and inexpedient,
others feared it would interfere with pend
ing or contemplated negotiations in rela
tion to the war ; some thought that in its
nature ,it was too abstract, others that it
might be in violation of the muni
cipal laws . of foreign nations and
some members opposed it for the reason
that it would hold- put encouragement
to desertion in the army. The consequence
was that the resolution was laid upon the
table by a decided majority. Again in
ISIS, several years after the termination of
the war, the same gent'eman introduced a
bill into this House having the same object
in view. The Dill was very earnestly and
ably debated for several davs, but was
finally defeated by a vote of 70 to 58.
So much Mr. Speaker, for the legislative
history of this question. I now propose to
turn tor a moment to its judicial history.
It is a somewhat singular fact that this
question was not mooted either in the pro
ceedings or the debates ot the Convention
which framed the Constitution. It was
incidentally touched upon, however, at a
very early day in the supreme Court of the
United States. In the verv nrst case (Tal
bot vs.' Janson 3 DalU 133) in which the
Question of expatriation was alluded to and
incidentally passed upon, and which arose
noon the renouncement of the party un
der the provisions ot a law of the State of
Virginia, passed in suDstantially the
same as those of my proposed amendment.
Judge Paterson recognized the necessity
ot au act ot uongress upon tne suoject. in
delivering the opinion ot the court he used
the following language ;
"A statute of the United State relative to ex
patriation is much wanted, especially as the c im
inon law of England is, by tbe 'Constitutions of
some of tbe states, recognised and adopted, lie
sides. ascertaining by positive law toe manner in
which expatria-ion may be effected would obviate
doubt under the suojec notorious and easy of ap
prehension, and present tbe rule of civil conduct
in a very interesting point." , ,
In the case of Murray vs. schooner
Charming Betsy (2 Cranch, 64) Chief Jus
tice Marshall intimated a doubt whether a
citizen of the United States can divest him
self absolutely of that character otherwise
than in such manner as may be prescribed
by law. This was in the year 18M. In
1737 the case of Isaac Williams was tried
fn tbe Circuit Court of the United States
for Connecticut, Chief Justice Ellsworth
presiding. The tacts were, briefly these:
Williams was indicted for accepting a com
mission under the French Republic, and
under the authority thereof committing
acts . of hostility againBt wreat
Britain. ' On the trial he alleged,
aLd offered to prove, that he had
expatriated himself from the United States
and became a French citizen before the
commencement of the war between France
and England: This raised the direct ques
tion as to the rliht of expatriation in this
country without a law of Congress, and
Chief Justice Ellsworth (s reported to have
explicitly denied the right, and to have as
serted that the common law of England
was the law of the -United States on the
subject of expatriation. The prisoner was
found guilty, lined, and imprisoned.
Sir, I cannot agree with the honorable
committee on Foreign Affairs when they
assert, as they do in their report, that the
defense thuB set up by Williams "was man
ifestly an evasion, and that tne just pur
pose of the court was to show that no 6uch
defense could be recognized for such pur-
nose." Mr. Sneaker.that is rather a bold and
summary modeof gettingrid of the force of
an existing judicial precedent. It belongs to
the comprehensive system of modern
politics. JNO SOUna or cuuuuub mwjci
would assume any such position as
that. The defendant in a regular crimi
nal nrncedure. in a solemn court ot liis-
ticei put in his plea in bar, setting up the
tacts ot expatriation. uu imiuiiiiuuu
as a full defense to the action. . To this plea
there was a demurrer, which raised the dl-rpr-r.
nticsMnn of the right of expatriation.
The demurrer admitted tne facts set up in
the plea; and it is someining more man
evasion " on the part of the committee, it
is the torturing of legal truth, to say that
it-, waa r.hn nurDose of the court to censure
evasive pleading rather than to adjudicate
a solemn principle of law.
Ho then. Mr. soeaKer, we nave exnio-
ited to our observation the state of legisla
Hnn anrl the unsatisfactory and uncertain
character of judicial interpretation opon
this great question ot the right of expatri
ation 01 811 American tinon. on, mc-oc
judicial hints and indications upon the
question Ot tnis rigut, aim un lai-n wat uu
t wo several occasions, a half century ago.
Congress had, in effect, refused to assert
the right, nave pmtcu u imum
and lnconsistantan attitude before the
world that the -Imperious duty is now
pressed upon us to set ourselves right upon
the question. It has been said, Mr. Speak
er, tuat the Convention which framed the
Constitution, would not have authorized
Congress to naturalize tbe subjects of for
eign States if they had not acknowledged
the right ot the foreigner to re
nounce his allegiance-- to his native
- country and assume a new one
here. Nothing can be more conclusive
than this proposition by way of argument.
But It lnferenttally acknowledges another
thing, and that is, eeonverso, foreign Gov-
ernments. who recognize this principle as
to their own citizens or subjects emigrating
to our shores, have the right to demand of
us the unqualified recognition of the same
right in relation to our owa citizens emi
grating to foreign States. .
Sir, I failed to comprehend why it was
that the honorable chairman of the Com
mitfe on Foreign' Affairs Mr. Banks was
- so much opposed to the amendment of the
honorable gentleman lrom Pennsylvania,
Mr. Woodward. aud to all amendments
whatsoever to the original bill. I did not
- feet the force'of the reasons he gave for his
opposition to those amendments. Sir,, tbe
question Is, shall we reverse or sustain our
former position upon this all-abSorbing
question ? Shall we clear away the fog
- which envelopes it or increases its; density?
If we have been wrong heretofore let us he
right no w. The question is squarely put to us
in the first section of the bill now before us.
The proposition is too serious and ' impor
tant for us to be trifling with it any longer.
Duty to those .Powers of the world who
' have recognized the right of emigration
and expatriation, as well as a just indigna
tion against those who have refused to re
cognize it, alike call upon - us to take such
- position now- as will put an end to' all
doubt and uncertainty in the future. Mr.
Speaker, in tbe former debate upon the or-
- iglnal bill the singular position ot the hon-
- orable chairman of tbe committee was that
it is impossible to legislate upon this sub
ject, and give now, by positive enactment,
tbe right of expatriation to American citi
zens, "without by that very act enabling
foreign Governments to say to us that np
to this , date our : citizens ' had no
right to expatriate themselves;'? and that
. in such state of case they would be 'debar
red from claiming the protection in ' for
eign States which it is the purpose of this
bill to aticord to them.V Sir, was that not
"a most lame and impotent conclusion?"
Suppose they do say so, what then ? Could
they not, if we shall remain silent now,
make the same charge at any time hereaf
ter when we shall assert the right either in
the halls of legislation or upon the tented
neio r uan any amendment to a Dill, or a
refusal to amend it, annihilate the history
ot the past? Can a single act done or omit
ted to be done in the past be changed in
the sllghest degree by anything we may
now do or refuse to do? No, sir; there
can - oe no modification ot tne past; its
facts have gone into history ; they
can neither be ignored or blotted out. We
may create a new future, but we cannot
mane a new past. We must act upon this
question now as though it was the first time
' it ever challenged our attention, either as
-judges or legislators. If our course here
tofore in the administration ot public af
fairs in relation to this, question has been
' indeterminate and vague and uncertain.
will anything we may now do or refuse to
do make our past action or non -action any
more director significant? Certainly not.
It is tbe living present we have to deal
with, and not the dead past.5'. ' -. ''
Sir, the logic of the gentleman is about
this: because we have heretofore neglected
or failed to assert and establish a
great : right in behalf . of - Ameri
can , citizenship; because we have for
more than eighty years lived without a
law to provide the means tor its exercise,
and preserve the evidence of the fact when
so exercised, we should still continue in
that line of policy; and that' even now,
when that precious and inestimable right,
so essential to the full enjoyment of the
highest liberty in the pursuit of happi
ness, is being daily assailed and trampled
under foot by our ancientenemy, we should
absolutely refuse to declare and define it in
terms befitting its .grave importance for
tear tnat Dy its assertion now we would
expose the fact of our former neglect or in
vite an unfavorable interpretation by that
. enemy 1 Sir, if tbe legislative power of the
country has been"' derelict in its duty in
the past, and to the people the stronger
the reason is that it should now act
.with promptness and energy in the full
and unequivocal assertion, of this great
right of the citizen. ..We should not only
assert the right, but we are also bound to
furnish the easiest and most appropriate
means for its exercise. If the question of
tact whether it nas Deed exercised or not
rests at large.. to be proved like any other
' unascertained fact, much confusion and in
convenience will result both to Government
and citizen. Mr. Webster, while Secretary
ot State in 1851, in the case of John S.
Thrasher, evidently felt embarrassed in re
lation, to the character of the evidence as
. to the intention of Thrasher in leaving this
country and residing at Havana. The case
arose out of tbe invasion of Cuba by Lopez.
The claim on the part of Spain, thro-igh
the Governor General of the island, was
that Thrasher had .been a resident of Ha
vana, as a merchant, for a considerable
length of time, and bad sworn allegiance
to the Spanish Crown. Mr. Webster, in
response to a resolution of , this House,
" There is no evidence in the possession of the
Government to show what wa his purpose with re
gard to his returning to bis native eountry, at any
taxed or definite time. Other members of his fami
ly are understood to be, like himself, residents in
.Cuba his fa'her having gone to that island rome
years ago. These are ail the known general facts
respecting the nature of hi residence1 in Havana
which have come to the knowledge of this Depart
ment.1' - . ..- a
"In questions on this subject, thechief point to be
oonsidered is the animus manendi, or intention of
-continued residence: and tnis must be decided by
- reasonable rules, aud the general principles of evi
dence." - " If it sufficiently appear
that 'the intention of removing was to make a per
manent: settlement for an; indefinite time, tbe
right ot domioils is aoquired by a residence of even
' CONCLUSION TO-MORROW. '
To the QualijieS Voters of., the City of Co
lumbus: I PI CO.HEqtENCE OF THE FAILURE
of the passage of tbe law providing for the hold
ing of the election of the Member of the Board of
Education on tbe first Monday of April, the day for
tbe regular Spring Election) in the State, .
An Election Will be Held :
In the Second, Fourth, Sixth and Eighth wards of
the city of Columbus, on
ITIonday, tbe 13th day of April, 1868,
For tbe purpose of electing one Member of the
Board of Education of the oity of Columbus in the
respective wards atoresaiu. .
Tbe poll, opening at 3 o'clock A.M.. and closing
at 6 o clock f. ni. wui do neia at tne places aesig
nated. as follows : . . , ,
Sd Ward Young's Carpenter Shop.
- 4th " Zettler House. ' .
8th Laurenz Schneider' Grocery.
8th " North Enaine House.
Done at thecity of Columbus, under my official
sealJ seal and signature, this 4th day of April,
A. is. icuo.
' apro-dtd-r . JAMES G. BULL. Mayor-
LOTS FOlt WALK.
flft CITV LOTS, VAUTIMG IN SIZE,
t location and price, situated a short distance
north of the Depot, Forth High street, opposite the
residence of the late W.- B. Hubbard. . also, tbree
fine lots in one block. 159 feet by 187 4, situated on
north side of East Oak street, near East Publio
lane. For terms, apply to -
. i WM. A. GILL.
No. 30 North High treet.
, Columbus. Ohio, March 9, 1868. mchlo-dSru
HOUSE AND LOT NO. 159 EAST
State street. House with 10 rooms; a very
good location.. Enquire at Freight office of L. M.
. A C A -X ft. K. to W. H. H. Shinn, or tbe. under
signed. feblS-dtf ; JOHS W. DOHERTT.
: BOOK TRADE.:
GEO. W. GLEASON,
BOOKSELLER AND STATIONER,
199 sOGT HIGH KTRF.ET.
' OP SB A JIOVSS BUILD INa.
T AW, ,rMEDICALjoSCHpOL. A.D ; BLANK
Writing Papers. . .Envelopes. ' Printer' Cards,
.Manilla and Brown Wrapping IVper, . ,. i
lv s Ink. , y
...r .i Elaatio Band. . . ., ., .,
J""!""!r;,S-'o.. .-, '
KCRTZ MONAGHAN'S GOLD PENR"'"
'Wallet,' Pooket Cutlery, Portfolio, ' and Wrltfri
''' '-" Desk," . i-;.i... 7T.
-WnolesalaandRataiL- ..- ;! ii - - 'intl a -,si
Rprittg Stock-of ' Wall; Paver and Borders1 now
ready. and elegtnt patterns, re -i need prices.
Window Shades and Curtain Good.
Store Shade made to order lrom Good now in
' Stock-. -!:. . I
- JKsT Mercantile Printing, Lithographing ( and
Book Binding of the best workmanship, done at
DRY GOODS. 1
I: : : . !!! .-:..(
3V JE3 W
SPRING GOODS I
' ' -i ,, r. :-'! . tai..'r.ii!-t i ; j
" AT 'O-i : . j
;' - . ; .. ;t -.. .. .. i . . ,
GILCflRlST, GRAY & CO.'S.
. . SPRING JPOPriXS ,
For traveling and Walking Suits, in all color.' A
:'... very superior stock oi ..
; 1LA.IIIA E.ACE POINTS, '"
PAISLEY AND CASHMERE 1
' '-n '' " -'. "' ': ' -': ,il ! t,;i v-
' aLA1IE SACKS, 1 ": '!
! I CLOAKING CLOTHS, . . .
f ' ''1 T . !. " f.. .,'1
.. MEN'S WEAR AND HOUSE
''. - . r ..-;.. ;-i ..
FRENCH CHINTZ;''' '''",
:..! .. CHINTZ PIQUES,-:
, . ., WHITE PIQUES.
'An elegant stock of
' . -. - V! !.. . . :'.:'.:
In Plain, Plaii, Striped and Chene styles. Bleaoh
ed and Unbleached M uslins, all widths,
and at the lowest pi ices.
GILCHRIST, GRAY & CO.,
. , - ; 39 South High street.
SOLE A GENTS
In Columbus for' Harris Brothers' Celebrated
Seamless Kid Glove. Also, a full assortment of
Alexandre s mas.
GILCHRIST, GRAY ft CO.l
mcb.26 28 South High street.
3V IS W
FALL AND WINTER
. .. ;
TO BUY AT !
N A UGH TO N ' S !
Purchasers of Dry Goods are cordially invited to
cau ana examine tne
DRESS GOODS ..
SHAWLS. ........ ...
- ..: ... -.: - -. 'i j i
.,; lis V 122 Sontli Higb Street, ;
nbvll-dly - COLUMBUS. OJ1IO.X
NEW DRY GOODS - STORE.
1EW GOODS! ;
KENTON & WIGGIN,
...' ,'..'. . NO. NEIL BLOCK,
A BE DAILY RECEIVING AH EI-
aA. tirely new and desirable stock of Fanoy and
otapie. . ; ' -"','.... ... ; ,
From the Eastern markets, which they will offer at
i tne lowest prices, consisting ot -
Mohairs,;;.: . ; :;.;;;
Baratheas, ? : k: - .
" Alexandre Poplins,' i,i;;r!! ; ;
English Serge, V j , i
Wash Poplins, &c'., &Cs . ' ;
. Notions, ;,;,,..;. ,.;;:C ; j..;J
- -Hosiery, ; - ; '-' i
. AND A FCLL LINE OF
j White Goods, '.' ',. ;'
- Table Linensi, , ;
'Napkins and Doji'es,
Merrimack Priats,fi -,d 9;-.. i
4-4, 6-4, 8-4 & 10-4 Mnslins.
-mebM-eww - " - ' '
v . GROCERS.
ll'COLM, HUES & M'DOIUDS,
, o it o c e it s, j
DKA I.LBS I V FOREIGN, DO IrlESTIC
and b'aple Grooeries in all their varieties.
PROPRIETORS OF " -' ; "! ' ' j'
COLUMBUS POWDER MAGAZINE,
: , ,-.;,.'.-. : 1 ' ":- v-'-'i ii ' :
Agent for sale of the Hazard Powder Co. 's Powdsr.
ALiO, Agents' for the sale of Gardner, '
i ' ; -.! i Fhippa A Uo.'s .of. v ., , ;.:.i,.
Celebrated Sugar-Cured Hams.
Imported Winea. Brandies, Cigar, etc.
. . ii f -.i.i . ... -
MANN & CO.? S
'. ,.,,,, IPares-Xx,.!
CANNED FRUITS, VEUBTABLES. ETC
., . ... Constantly in Store. ,
A3" AU Goods Delivered Free of Charge. Or
ders solicited.' ,', ''
AICUIjM. ililiKa A aioifwrAjiaf.. ,
124 A 12 South High st.
" coal." !,,i;m;i
.' -' '
I - AM NOV SILW8 AND DELIVl
' ering to any part of the oity, beat quality , ;
Oonrao audi TCTuti Coal
Orders left at my store, No. 8 Broad atreet, Buck
eye Block, will have prompt attention.' . i
,W:Uiu:. .ii ui u,ui 1,,BAii)Es.j
, " . i . I. i
- X J, g
.,-reuh I 'sf't '-.! .n
t ,t t j. . . ,
THE LARGEST AND n0ST 30irt
IN CENTRAL OHIO.
,, , ..3 . ,-, ;-,. -,-.., us .1''I(T
.-:. :t . u -( s-iv
JIT'- . -i I , f lUIff
t: " ' ii t .'."!! i.i n.tav:.x ,-ir.v
.:,-it-rn 1 JH.I JU II1H DU
i. X '-'W'-rr iJio' voZ nl fwsf..' rt.1,,0
;' '"' y1' :' i.--'i 'ii.'t i)'f
.- '.' fci ."i'.-.ii-'rj'jfiiK. J i:f ijjixa!
;nos.: & ;4o Noigii st;,
' ''''' ' ..: I'ljV,' "i'jti:.,jcr
,i -,l3 to't itiU umUvhio navn :l '.l
COLUMBUS. OHIO" '
'' '--'I.Vi.'. ?.'.. :-t al,;.;-ti H f.i r ,1
sV' ') t..!,-:irt: . ' t!J J,, ssf-til. Jfc-ir.a
Tit attention of th. Business Public it Mllad f
the surox facilities of tiisEstabluhmant. ;J
W. have in oonstant use rL.t-. ..
I., i .i i.; i.i ( ,' i: ..vi-;..,-t
Ereven Steam ' Power, Presses
!" ' ' -OF TBI -'':- i!
:. . . .-::' ; .. ; j. ' ..; t ra il
BEST ; AND "DVTEST KINDS
: And our ability to gat out. work promptly it '-T
: surpassed in the West.' We have, lateiy j
made addition to oar already
' ; ---- - - ; , '
. LARGE YARIET I ?
And we feel confident to satisfy all who may glva
- a a call. Oar large font of type enable at '
. .to do all kinda of ' ; :,
.... r." el'. 7'':?.?- )
1-.,...7 i;- l ift
nU (7! .y,;.,;) "l!t f(!.!7.'!t:i-:1! til
. In the roost prompt and, excellent manner, and wa
. call the attention of those wanting anything
-'- In thiaUiietothe ' ' ' ' "
.t:iT 1 . jsl
.-cailJ!.' ; -l u.U nl ilo t:i!il .i i3.;T
; - .v:rrii-. , -i:i) t I : -,r.v. 1 t'-'.ti:n:
.:.;:;-.-:.' 3-,'-:t m;,i m,:i"(I rlt
... That w have exeouted in the past year, j
. . ' . , ' j .1 " ..'n' M ,"i
.:-!'! "i'i t-i ii.-' ; i:TIS J'.il
-. ro: iC-'' 'It; 1; ,-' -. "nm ()f 1o
JOB , PEINTINGr !
I;1 I ,-. .".-.-.. ' :.--.','.- t.:i!I Vi:jn f-'.liw -Vll.Ji
The reputation of this House for fine Job Prlnttmi
. it wall known to tbe buslness community, j
-t .' Euiploying, as we do, nana but the 9
-".!) t .v 'i i.i .'i'J 9iii"3
Best of Wbrkmdrii
And having a full asaarUnent of the. -
;:;: , r-v-ir. j-i --z.i "
-r'.i'X ..i Sr.V '''.I ''! itC-'!,; I'l.T'lII " ij
STYLES -OF TYPS,
? - t: I r
' - We will guarantee the utmost latisfaotidn.
- . . ' u-.-. " - ' "'''"' i ' i. 'i ''-. -i '.i i . .
- -. 5j;-i i vi . t ' oj w
.: :t , ALL KINDS OF. -r ...ii
Mercantile ; ;'"- ,'" ": -li'"-'-";:
Railroad, i0 ,.: - w
-- : Bank wndihVit i-:-i ;
Commercial . ;.,
- ' - " ' -tUOH AS- H" V
-' . :!-.;i- -- r-. 'i -st'l . .miU.
Bill Heads, Cords, i k
Circulars,, r .Jiie1rl'Hi?a
Blanks of 'au 'y&&, -. Checks,
Drafts,; ;' ?K ;;&.; &c.;;.Jf::;
: .i ...... IN FACT, v r.I s. '.U
EVERY im OF JOB PRlitlKfi
Needed by the business public.
-..If t.J i ui A ol .
Wa alio keep on hand a larger ttoek Of '
.-'- .. rr. ' - iibT ;fl fjl
Than any ether Printing HonaA ia the oity.sw.haa
Snpr Kpyal, Me4I:m. . .
Cap,-,; iti &-&&JX'ts,i
f' -1- .sins ni'uh t'Jt oi-i n'iJii
-Of th. best qvalitlee, and,' purchasing them ai wi
r,, do, dirwtly from the raaoufactnrer. we aya-
enabled to do our work at corrf spond . !
";" '' ingljr low rate. We are Sol
Agents for khe ' " 'Z.
.v j.. - .j vwjJu-; " '.'- '' " 'f.'i Jiii.l
: CELEBRATED 'PAPERS J0F
3i:i-T X'1 v -'-il' i&
jT tt Hutu .';iir:u:Tr:,:' flr;t,ili '; tll'm "
W. peHituUriy call attention to HieBtaekBioka
, , mannfaoturad by, a. We are preearad to i s
. r , i((;.:-jj'.!. ''' ."Sj.":"vi .ti"i
Ttyrtisyay., "0 r.iiH ni t..--4i- i
J"cjxxx"n nl a)t aviefiti ni.lJoir
I3,y f . 3t3oolLai
; ' 'J. . I T. J." iiJ imrt -':-l MOja
And all kind of Blank Booki no 4 trs.f Theta
. ook are all dona in the beat tWinf r(rv Ml
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