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Domestic News July 22, 1859

The Independent Press

Abbeville, Abbeville County, South Carolina

What is this article about?

A July 8, 1859, State Department despatch to the US Minister at Berlin affirms the right of expatriation, details US naturalization laws requiring renunciation of foreign allegiance, and grants naturalized citizens full rights equivalent to natives, except for presidency eligibility, with protections from future military service in native lands.

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THE NATURALIZATION QUESTION

A recent despatch of the State Department, to the Minister of the United States at Berlin dated July 8th, 1859, recognizes the right of expatriation as fully, and places the doctrine upon as high ground, as Gov. Wise himself could desire. It states that the right of expatriation has always been held in the United States, and recognized generally by the most eminent writers on public law. The Constitution recognizes the right, by conferring upon Congress the power to establish a uniform rule of naturalization, and Congress has uniformly acted upon the principle ever since the commencement of the federal government. They established a uniform rule of naturalization, near seventy years ago, and these laws continue up to the present time, though various changes have been made in their provisions. The Alien, in order to become a citizen, is required to make oath or affirmation to support the Constitution of the United States, and must entirely renounce all allegiance to any foreign State or Sovereignty whatever. Such is the requirement of our law, and there exists, it is believed, scarcely a State in Europe, in which the law does not in some form or other, authorize the naturalization of foreigners. The effect of naturalization is to confer upon the foreigner all the rights, privileges and immunities, which belong to a native born citizen, in their full extent, with the single qualification, that no person except a native born citizen is eligible to the office of President. With this exception, the naturalized citizen, after the date of his naturalization is placed upon the same footing with the native citizen. Naturalization confers a new political birth, and exempts the naturalized citizen who returns to his native land, from any liability for Military service except that due at the time of his leaving. A future liability to serve in the army will not be sufficient to charge the party,—since before the time has arrived for the performance of the duty, he has changed his allegiance and become a citizen of the United States. Hence, the naturalized citizen is entitled to protection in all cases, except that of actual desertion, or a refusal to enter the army after being regularly drafted into it by the Government to which he then owed his allegiance.

What sub-type of article is it?

Politics Legal Or Court

What keywords are associated?

Naturalization Expatriation State Department Us Policy 1859

What entities or persons were involved?

Gov. Wise

Where did it happen?

United States

Domestic News Details

Primary Location

United States

Event Date

July 8th, 1859

Key Persons

Gov. Wise

Outcome

naturalized citizens gain full rights and immunities equivalent to native-born citizens, except eligibility for president; exempt from future military service liabilities in native lands after naturalization.

Event Details

State Department despatch recognizes right of expatriation, upheld by US Constitution and laws since federal government's start; naturalization requires oath to support Constitution and renunciation of foreign allegiance; applies uniformly, conferring new political birth and protections.

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