you state fed and cloathed, and reared me up under the Divine Benediction to man's estate, I think, Mr. Cobbett, my weapon would fall from my hand, notwithstanding that self preservation as we are told, is the first law of nature. But, Mr. Cobbett, this is a situation, and a dreadful one it is, I wish no one to be placed in, and it is this' situation that I am desirous, by having the law of expatriation clearly promulgated and declared, none should be placed in. If you thought me or any of your correspondents capable of writing down gratitude, you would, I am sure, animadvert upon the attempt with that P essions warrant not that construction; and, tude in me that I do not all my life time con- ppen I were placed in battle array, oppod to that person (be that person whom it gar) who had nurture me, who had as possess, and which ranks so high among the human virtues; but, this is not in our nature to do. I will now give you the opinions of some of our ancient lawyers, upon the fi nity of allegiance, and on gratitude, (for even lawyers, Mr. Cobbett, are not devoid of this last mentioned superlative virtue). Bracton, lib. 3. cap. 9. Fleta, cap. 2, and Stamford, fol. 37, observe that the king is protector "of all his subjects; that in virtue of this "high trust, he is more particularly to take care of those who are not able to take care "of themselves, consequently, of infants, "who by reason of their nonage are under incapacities; from hence natural "alle giance arises, as a debt of gratitude which can never be cancelled, though the subject "owing it goes out of the kingdom, or swears allegiance to another prince." Here we see, that in the just opinion of those lawyers, although we swear allegiance to another prince; admitting, therefore, the right of expatriation, the debt of gratituile notwithstanding the dereliction of allegiance remains, it can never be cancelled. And, here, Mr. Cobbett, it is necessary in consequence of your observations on the word cannot," that I explain the meaning as it is here used. It is this. The debt of gratitude can never be cancelled morally or religiously; for, in any other sense it were similar to saying that no man can commit murder, or, as you say, cannot sit in the commons or kill game without qua lification; we know these things may be done without, but wrongfully, and in the former case irreligiously and immbrally; that sense, however, Mr. Cobber, your reflection must enable you to conclude, was never intended to be adopted by me. Besides, it should be recollected, that in your construction of the word cannot,' you make the same power in your case to put two interpretations of direct contrary import on the word; but, the legislature expressed and intended only one, viz. that a man unless qualified shall not be eligible to sit in the Commons, or kill game; though he should sit or kill, not qualified; surely, the legisla ture cannot be said to have sanctioned this double construction. In the first place that he shall not; in the next place that he physically can; the legislature declares he shall not; the corporeal man says he shall. But, Mr. Cobbett, the same persons in the disabling decision, adverted to in my former communication, and enlarged upon by you; first, declare that the character of British subject is unalienable; next, virtually, that it is not unalienable; viz. the acceptance of that of subject of another country, bars all right to complain of the acts of the latter. Now, Mr. Cobbett, I do still maintain, notwithstanding your apostrophe on the justice of the decision, that it is inconsistent and at variance with itself, and that not all the special pleading you may be happily master of has hitherto borne you out in the opinion you declare upon it. The case which you profess to have drawn from real life, (551) but which I consider to be hypothetical, howsoever beneficial in your view its tendency may be by way of prevention of expatriation, I cannot but consider impolitic and unjust. It is impolitic because it forms the basis of dissention from its partiality and oppression, and it is unjust in this respect, that the immunities of a British subject are taken away from the man so soon as he enlists under the banners of a foreign power; but, the disabilities of a British subject still remain. Let the treatment of this miserable outcast of society as you consider him, be somewhat human; you place him in this predicament, if he has a claim upon either country for debts, you tell him he is not a subject of either country; but, if he is compelled as he would be, if resident in America to take up arms in defence of that country, against the invasion of this country, and is taken alive, he would, or, as you observe in another pas sage, he would deserve to be, if possible, hanged at every cross road in the kingdom. Let not such partial, impolitic, unjust, and inconsistent treatment be dealt out to this miserable wretch, who possibly, to avoid a gaol or hunger has sought an asylum in a strange land. Treat him uniformily; if you subject him to punishment when he commits an offence against his native country which he has abandoned, allow him the advantages attendant upon good conduct. But, Mr. Cobbett, I fully accord with your sentiments, that it would be well were the legislature to declare, that if a British subject does withdraw his allegiance, that all his former immunities be surrendered, and all his disabilities attendant on punishments for breach of the laws of his native country be abandoned; that he shall as you say be for ever disfranchised, and deprived of all inmunities as a British subject, and in no respect be considered as owing any allegiance, or capable of afterwards regaining the character of a British subject. This would check emigration, and would prevent the daily frauds committed against this United Kingdom, by or under the sanction of men who are one day British subjects, and the next American citizens, and this in consequence of the former connection between this United Kingdom and the United States of America, should certainly have a prospective, and not a retrospective view. But, I differ with you, Mr. Cobbett, upon the subject of a declaratory law or stipulation in treaties. It is absolutely requisite, not out of tenderness to America, nor by reason of a justification on our part, but because we do permit expressly foreigners to become naturalized subjects of this United Kingdom. It is immaterial whether the price of admis sion to the privileges of a subject be gd, or 100, with respect to the act of admission; but, it is clear that when a foreigner is naturalized, that we claim respect to our laws, though he removes to the farthest boundaries of the earth; and should this newly admitted subject journey to Otaheite, and during his residence there commit hostility against the subjects of this country, he would be amenable to the laws of his newly adopted state. I cannot, Mr. Cobbett, applaud or approve the construction put upon my former communication, it was not my object to provide for the security of persons, who in the event of war might be deemed to be subject to punishment. No, Sir, I hold that if a man withdraws his allegiance, so long as that secession continues, he shall be held to be a foreigner to all intents and purposes, in the same manner as I consider the naturalized foreigner amenable to the laws of this country, so long as this country can claim him as a subject; and if there is that indeli bility attaching to a natural born British subject, let us also consistently attribute similar indelibility to a foreigner, and not trepan him to become a naturalized British subject. To act correctly we must contend for reciprocal justice. In my adoption of the term melancholy," it entered not into my thoughts that there was any thing lurking under the expression to cavil at. My expression and meaning were, that an emigrant would not from choice place himself in the situation of a traitor, but that he might be placed in it from compulsion, and it is this sad situation I wish to guard against; nor, can I discover that my principle admits of the constructions you are pleased to put upon it. I do not contend for the right of taking up arms against one's native country from choice, nor do I justify universal desertion, and universal parricide; (I have not hitherto, Mr. Cobbett, even adverted to the propriety or impropriety of arming against rulers,) nor, do I think that such base and unworthy doctrines, could plant themselves in the breast of any American, howsoever depraved (and depraved there are in all coun tries) such men might be. And, here, Mr. Cobbett, I would by the way observe, that we true born Englishmen as you and I are, are but too apt to attribute to men of that country base and unworthy motives. You may know more of their character and conduct than I can possibly be informed of. I have never suffered under their lash, and I hope I never shall; but, I will observe, that we are too prone to attribute to native Americans base and unworthy conduct, which has emanated perhaps, from men who have to boast their birth in North or South Britain, or Hibernia; and who, perhaps, have found it convenient to take a hasty leave of their native country; but, who through fayour of fickle fortune, have somehow or other wormed themselves into situations, which enable them to animadvert without controul on your conduct and mine, were we in their power. These are the men who frequently bring the American character into disgrace, and to the native Americans we attribute their indefensible conduct. Men seldom if ever emigrate for their own pleasure; they do it from compulsion; their necessities induce them; their self-preservation, their very existence prompt them to leave their native country. We should not, therefore, condemn these our unfortunate fellow subjects; they deserve our tears of pity; they draw from us our compassion when we find that they are compelled to abandon that country, which has reared them up to manhood," and that all the recollection they have towards us is, the indelible marks of gratitude imprinted on their minds, for nurturing them when they were themselves helpless; that same gratitude, Mr. Cobbett, should their removal be attended with beneficial consequences, will induce a return to their natural allegiance the first moment they are enabled to revisit us; and, I therefore, deem it to be highly impolitic to drive such men as those from our shores, even though they should be classed as prodigal sons. is not his own interest alone which is pur It sued, but advantages accrue to the nation from that man who may have toiled year after year unsuccessfully here, but who in a foreign country may have enriched himself, and with himself his country. If we can attribute a worthy motive to a man, it is our duty so to do; and if motives are attributable to men, one bad, the other good, in law a rule is laid down which should be imputed to him; and I see not why, in reason, the ground work of law, the same worthy motive should not be attributed to his conduct. The ordinances of the Creator invariably tend to good ends, and man acting religiously and under the impulse of his own reason, cannot be condemned for acting conformably to priuciple, directing him to his own interest and with that the benefits of his country. Your concluding observation goes not only to preclude a man from a residence among foreigners, but puts an end to all intercourse with foreign nations, an intercourse not prohibited, as far as I am able to determine, by any law divine or human.-It is as much my wish, as it can be yours, to prevent men acting in the double capacity of British subject and American citizen. I cannot, Mr. Cobbett, assent to your construction of 14 and 15 Henry 8, because the Term, "other strangers," according to my comprehension, implies a derelection or surrender of allegiance. If it was intended to have retained the allegiance of such persons as chose to depart from their native country, it surely were sufficient to have made them liable to the payment of customs, such as strangers," not " other strangers," paid. This, Mr. Cobbett, is the power I would that the native country should assume over its subjects, viz. in every attempt to assume the character of a subject of a foreign country, I would that this United Kingdom should boldly disown or disfranchise him, and render him incapable of ever after assuming a Proteus shape with respect to his native country, rather than partially holding him to be a subject, as in the case of friend Twister, who when he claims a benefit from his native country is told he is an American, but if he should be bold enough to commit an offence and claim to be banged, his native country, it seans, will indulge him in his request. The word "artificer, "which I held to be an indefinite and general term, if you will take the trouble to turn to the lexicographer Bailey, is expressed to be 66 one that professes, some art or trade"; and though the word trade" includes the merchant," which is defined by that same lexicographer to be a trader or dealer by wholesale," I assure you, when I mention ed the word" artificer" in my former communication, I was not as you charge me to have been," driving at that title": I meant only to shew, the general and extensive construction which the term was capable of admitting. I will now state a further authority or two on the right of expatriation, and in doing so, I think I shall escape the charge of referring to revolutionary times, even from your "learned" correspondent, Candidus. Cicero saith, that the citizens of❘ Rome might, at their pleasure, leave their freedom of citizens to become citizens of another city. In Spain it is free for any man to remove elsewhere and to be enrolled into another city: and we, too, have held out and invited foreigners to become subjects, from which by reciprocity, we should allow our subjects to become foreigners. Richard proposed unto strangers all the immunities granted unto citizens, so that they had dwelt ten years in the city. In Venice, fourteen years residence entitled a man to the privileges of a citizen, without having any other interest in the state except in certain mean offices. In Ferrara, ten years residence was required.-Vattel, book 1. chap. 19. sec. 218, says, "The natural or 66 original domicil is that given us by "birth, where our father had his; and we are considered as retaining it till we have "abandoned it in order to chuse another. "The domicil acquired (adscilitium) is that "where we settle by our own choice."And again, in sec. 220,"Many distinc<tions will be necessary, in order to give a complete solution to the celebrated question, whether a man may quit his country or the society of which he is a member." I am afraid, Sir, if I enter so fully into this writer's observations and Wicquefort's remarks as I might deem expedient, that I should encroach upon your limits; I will, therefore, be as brief as possible. Vattel says, children have a natural attachment to the society in which they åre born. They ought then to love it; but every man born free, the son of a citizen, arrived at years of discretion, may examine, if it be convenient for him to join in the society for which he was destined by his birth. If he finds that it will be of no advantage to him to remain in it, he is at liberty to leave it, preserving the sentiments of gratitude he owes it every man has a right to quit his country, in order to settle in any other, when by that step he does not expose the welfare of his country. A good citizen will never resolve to do it without necessity or without very strong reasons: and, Mr. Cobbett, if you refer to sec. 225, page 98, book I, chap 19, you will find that it would not be a novel thing if this country should stipulate in treaties respecting the right of expatriation. The days of vassalage are gone by; those days in which a prince considered his subjects in the rank of his property and riches; he calculated their number as his flocks, and as Vattel adds, to the disgrace of human nature, this strange abuse is not yet every where destroyed: but, Mr. Cobbett, although I adduce authorities tending to prove the right of expatriation, yet if I could possibly conceive the least injury would arise in consequence of a promulgation of that doctrine as Candidus thinks such might be the case, I would not have canvassed the subject, and having written upon it I would have ceased; but no inconvenience can arise; I am an advocate for liberty of action, but not for licentiousness. Let us obey the laws, but let them not be ambiguous; for we not only frequently puzzle and confound our clients but ourselves.-Wicquefort, chap. xi, page 75, even goes further than I have attempted in the doctrine of expatriation; he not only asserts and proves the right of expatriation, but even that a prince may send, as his ambassador, a subject of that country to which the embassy is sent. In page 77, he adverts to the case of John Webster, in the year 1644, an English merchant, living at Amsterdam, who assisted the king with his money; his reference to this case, and his observations thereon, fully bear me out in my former remarks. "In England," says he," the subjects have á stronger, and more particular obligation "to their sovereign than elsewhere, by vir"tue of the right which they call allegiance. "But that does not hinder the English "from retiring out of the kingdom without "the king's permission, and when they "have settled themselves elsewhere, neither "the king's authority, nor the laws of the kingdom, have any further power of "them."-Now, Mr. Cobbett, after these celebrated authorities, tending to the right of expatriation, I do repeat the observation, that it is absolutely necessary a declaratory law be passed, or a stipulation in treaties, in general, be adopted, either permitting or disallowing expatriation. If it be deemed impolitie to allow a man to be a subject to day, to-morrow a citizen of America, and on the third day to receive him back again and suffer him to be enrolled among us as a subject; let it be boldly declared, or legis dated, that a British subject once departing from his natural allegiance, will never be permitted to reassume the character of a Bri tish subject; and reinstated in his natural privileges and immunities, but that by such new election he forfeits all claim to the privileges of a British subject. America will not then decoy our fellow subjects, as their acceptance of American citizenship will, for ever, incapacitate them from returning again among us; and British subjects will then clearly know the predicament they voluntarily place themselves in-I am not an advocate for dereliction of allegiance, unless from compulsion, either on the part of this country or any other; and condemn, as strong as you can disapprove of the introduction of foreigners here, but I contend for consistency. So long, therefore, as this country admits into its bosom, into its very vitals, foreigners of all nations, the very refuse and outcast of society to all the immunities of subjects, it should consistently permit its own subjects to expatriate.-S. V. Oct. 13, 1807. IRELAND'S INTERNAL SITUATION. (Being the 2d Letter of M. H.) SIR In your last Register, after approving of my description of the internal situation of Ireland, you proceed to object to my recommending the introduction of manufactures into that country, as a means of bettering its condition. You say, "if my factures, and other places where there are none, and in comparing the condition of the labourers in different districts. I shall now proceed to observe, that those industrious labourers and their families (for I have nothing to do with the idie) who live upon the Down, or uninclosed districts, live harder (if I may so express myself,) than the journeymen manufacturers and their families, or any working people that I know of, either in England or Ireland. I shall here observe also, that in the North of Ireland, where the linen manufacture is carried on, that the lower classes were (before the French revolution) more contented and happy than the same classes in the South. I have travelled through the manufacturing counties in this kingdom, and I must say that I have seen great comfort enjoyed by the industrious, whether they were employed in the iron, cotton, woollen, glass, or any other manufacture; and if you will have the goodness to reflect, you will think this not to be improbable, as most of our manufactures follow the veins of coal, fuel therefore is absolutely to be had for little or nothing. The men, women, and children are all employed, and most of them furnish some money to purchase provision and other necessaries; I imagine, therefore, that many persons have been induced to think manufacturers poor correspondent would wish to subdue the and wretched, from their black and shabby spirit of the people, I know of no better appearances, and from the dirty look of the way than to shut thousands of them up in outsides of the cottages in all coal conntries. a large house, and making them work for But, Mr. Cobbett, you conclude that the inone man who rings them to their labour troduction of manufactures into Ireland "and meals by a bell." Before I received would subdue the spirit of the people. I the Register in which the above observation cannot imagine that this would be the case, appeared, I had forwarded a letter to you, in for, is the spirit of the people more subdued which I endeavoured to prove that manufac- in Manchester, Leeds, Birmingham or Beltures and commerce had been carried to ex fast, than in York, Winchester, Canterbury, cess in England; but, I am nevertheless, in- or a hundred other towns where there are no lined to think that manufactures are a bles- manufactures? I have no method of proving sing, and not a curse, to any country, that is that a manufacturer's bell may not call hi to say, when properly regulated, and kept apprentices to severe labour and scanty within due bounds, so that they should not meals, but, if this is the case, the legislature draw too many hands or too much capital could, and surely ought, to put a stop to such from agriculture; or, in other words, pre- injustice. A journeyman is of course free vent the sufficient supply of food. I am, to quit a manufacture if ill treated. I can however, upon all subjects open to convic- not, therefore suppose, you can wish to antion, and should you differ from me, I should nihilate manufactures, but only to effect therefore, thank you for your arguntents to some reformation; for, Lapprehend that it prove that I am wrong. It has been acci- would be impossible that you should desire, dentally my lot, to have resided in several that the making of steam engines should be parts of both England and Ireland, and I put a stop, to, and that all those wonderful have taken some pains to inspect manufactu- inventions for the saving of labour should cease ries. I mention these circumstances only to to be made use of. To break the spirit of shew that I have some little advantage over the people of Ireland is by no means my elthose who merely read, and inquire, in ma-ject, but quite the reverse. By recommend king comparisons e es, whether in ing the introduction of useful manufactures, here manu-1 wish to encourage the people to collect in ¢་ England or Ireland OMON DROW PENN |