'■• lT 'I 1 « CONGRESS. n HOUSE or REPRESENTATIVES, * Wednesday, Juneiii . ' Mr. F1 kxsl E Y obtained leave of absence I for the feiiiaindcr of the fcflicni c The SpeaREA having informed thehoufe T that the unfinifhed business of yefterdav, vie. t the bill prohibiting citizens of the U. States from entering into the military or naval fer- Vic< of any fofeigit priilce or state, had the 1 priority- 1 Mr. (Jailal'lk moved to have itpo(lpon» < ed, in order to take up the bill refpedtmg an 1 additional naval armament. This motion was ' supported by Mr. Giles and opposed by Mr. \V. Smith, and negatived 35 to 34. The bill refpedting foreign service was taken up, aud, on motion of Mr. Havens, It was agreed to leave the time of its taking place a blank. Mr. Colt moved to strike out the sixth lection, which was in the following words: " And whereas for the due execution of this and other laws tending to- the security of the public welfare, it is expedient to de fine ana ascertain the mode in which a citi zen may diflolve the the ties of citizen ship, and become an alien; be it further en a£led, That the citizen 1 of the United States, whether native or adopted, shall be deemed citizens thereof, until they relinquiih that character in manner hereinafter provided, that is to fay ; whensoever any citizen of the United States shall, by deed in writing, under his haud and seal, executed in the presence of, and fubferibed by two or more witnesses, and at leafl by two of the sub scribing witneflei proved before the supreme, superior, diflrift or circuit court of some one of the States, or of the Territories north wefl of the river Ohio, or before a circuit or diftrift eourTof the United States, with in Ae jurifdidtion of which court he shall then be resident, or by open verbal declara- ! tion, made and recorded in either of the courts aforefaid, declare that he abfolatfcly and entirely renounces all allegiance and fi delity to the United States, and to every of them, and (hall forthwith depart out of the ' territorial limit's thereof; every such person, from the time of his departure, if 'his re nunciation, verbal or written as aforefaid,— shall have been duly recorded beforr his de parture, (hall be considered expatriated, and for ever thereafter shall be deemed an alien, in like manner and to all intents as if he had never been a citizen : Provided always that he shall not enter into the military or naval service of a foreign nation, or become the : owner or p&rt owner of any foreign priva- ' teer or letter of marque, within one year of his departure from the said United States ; and if any such person shall enter the mili tary or naval service of a foreign nation, or become the owner or part owner of any fo reign privataer or letter of marque, within the space of one year from the time of his departure from the United States, he shall be liable to all the pains and penalties to which he would have been fubjeft for the like condudt if he had continued-a citizen." Mr. StwALL hoped it would- bettruefc out. In every country in the world where civil feciety was established, th<; citizens of that society owed a certain duty 'to'their government which he could rot readily get clear of; but they were about to establish a principle to put it in the power of the citi zens of the United States at their will,"and without any pretence, to fay they would be no longer fubjeft to this government ; and this at a moftient of danger, when citizens of other countries might be called home from this country. He thought this would be extremely wrong, it would be giving an opportunity for insult to our court? and country, and he was sure no nation would shew us so much complaisance in return, Mr. Claiborne thought it no more bin ding for citizens born in the United States to continue citizeas of the United States, than it was for a Romae Catholie or Protes tant, to continue of that opinion, when he arrived at years of maturity, and could judge for himfelf. He infifled upon it men had a natnral right to choose under what government they would live ; and they had no reason to fear our citizens leaving us whilst our government was well executed. He did not wish citizens of the U. States to be in the situation of fubjedts of Great Britain, who, tho' they had left the country 40 years ago, were liable to be considered as fubjedts of that Government. He trusted the rights of man would not be thus infrin ged, but that they should allow the right of expatriation unclogged. Mr. Sewall said three was a great dif ference betwixt the two cases which the gentleman had Hated. A man born and ed ucattd in a counary certainly owed it obliga tions which were not to be shaken off the moment he chose to do so. The different societies of the world, he said, were like so many families independent of each other; and what family, he asked, would fuffer any of its members to leave it, and go into ano ther, when they pleased ? He thought it unreasonable that it should be so. Mi". W. Smith (Ch.) said, the dodtrine of perpetual allegiance was derived from G. Britain, which, though it might be good in theory, was not in pradtice. They had de parted from many dodtrines derived from that country, and the time was come, he be lieved, for departing from this. The idea of a man being compelled to live in this country, contrary to his will, seemed to be repugnant to our ideas of liberty. He thought when a man was so difgvftcd with the country, at to refolvc to leave it, for the purpose of becoming a citizen of another eountry, he should be at liberty to do so on his complying with certain formalities, and should never again be re-admitted. It was upon thi* principle that this fedtion was founded, and he thought if valuable. Ms. S. Thought this fedtion efTential at it would'be the meant of preventing quar- 1 re Is with foreign countries. For itiftanCe, if • citizen of this count'y took command ! of a French riilp of **nr, and were to corn- | j mit boftilhies on the property of citizens of J the United States ; if he were taken, he might allidge he was a citizen of the French Republic, and that government might claim him as inch ; but if this bill palled, no man could cover himfelf under this pretence who : had not complied with the remjifitions in. . this ad. He mentioned the cafe (|f Mr.- s Talbot. Mr. S. said they had held out iiidi&e ---: menti for perfoas to come to this country. we dul not allow they owed allegiance to any » other country after theV had become citizens i of this. To jrrant this, would be a fatal s tiodtrine tf thence. Many persons of that description 5 were amongst us. At prtfent, they enjoy ed all the benefits of our law, and voted at li our eledtions ; and yet,'"if this doftrine ■ were admitted, these persons might be re if called as aliens ; and, if. they were not re )• called, they would be considered as qualifi • ed aliens, and not as real citizens. - This law, Mr. S. said, was as i- at present there was not fufficient energy in - the government, to jninilh persons serving on board foreign (hips of War. This bill ;, would cure the evil, and give an opportu i nity for turbulent, discontented charadters, t to leave the country, for ever. He believed t,' it was the general opinion of the citizens of if this country, that they had a right to expa ;, triate themselves, and he thought it was now e a proper time to past some regulations on e that fubjedt. i. Mr. Sitgreaves thought this one of the mod delicate and important fubjedts that e ever came before Congress. He saw a num ber of difficulties ; but he thought they t were not of a nature to discourage them from considering the bill ; he trusted they 11 Ihould meet them with firmnefs. The evil, he said, "which gave rife to this e bill, was a great and growing One. In the y firft war which had taken place in Europe since our Independence, they found this if, do&rine of expatriation, as claimed by our e ! citizens, endangering our peace with a for i, | eign nation ; and if this principle were ad > mated, he feared we ihould always be liable - to similar embarrafTments. Mr. S. took notice of the different objec- ' d tions made to this fedtion. He obferved i, there seemed to be much doubt on the fub d jedt, which he thought ought to be remov t ed by passing a law of this fort. He wished il he could agree in the opinion, that no citi e zen had a right to expatriate himfelf from ! this country. He thought it a dodtrine es s fential to the peace of society. He wished ; it was generally recognized ; but he believed - the major opinion in this country was dif r ferent; and though not diredtly, it had in a i. great degree been recognized by the execu n tive and judiciary, in the cases of Henfield s and Talbot. He feared, therefore, it was 1 too late for to fay' the right did not 0 exist ; it was time, however, for Congress e to declare an opinion oft the fubjedt. If the " propqfitjon in the bill was not a proper one, 1 it" should be' made so. e In the state of Virginia, this dodtrine was J legalized, and in the constitution of Penn r fylvania, it was ftrbngly indicated, as it said, :t " emigration should not be prohibited." It a was a favorite idea of a republican govern i- ment not to forbid it. lie did not agree d with the principles of the clause in all its e parts. He thought citizens ought not to d be allowed to expatriate in time of war, as is their affifiance would te wanted at home, e It was his intention-to have moved an amend d ment, allowing expatriation only in time of n peace, aHd an express provision against it in d time of war. He thought the dodtrine of d the gentleman from Maryland, viz. that our citizens ought to go into <*ther countries to l- learn the art of war, was chimerical. When :s they had- obtained rank and wealth in a so s, reign country, it would be in vain to call f. them back—they would not return. He ic hoped, therefore, the fedtion would not be d struck out, but that they should proceed to n amend it. it Mr. N. Smith was sorry that the com d mittee who reported this bill, had thought is it necessary to report the 6th and 7th fec 1. tions. The dodtrine of expatriation on one :s hand, and perpetual allegiance on the other, it were fubjedts they had all heard much about; y but expatriation, under limitation and re ts flraint, was a new business. From its no d velty it became doubtful. This being the 1- cafe, he wished the fubjedt had been defer >f red to an ordinary feflion. Particularly as it appeared to be no more connected with f- other parts of the bill, than with many other e laws now extant. If we were to have a law l- on this fubjedt, he should wish to have it in 1- a separate bi11... For h» part, he could not e fee how the committee could suppose it to t have been a part of their duty to report these 0 fedtions ;"if he had thought it had, he should ; not have voted for appointing a committee y on the occasion. 1. Gentlemen advocating these clauses, fay t they would not allow of expatriation in time of war. He would go further and fay, he e would not allow of it when there was a pro . fpedt of war ; for it would be idle to pro n hibit it in one -cafe, and not in the other. > He then asked, if this was not the very ilate 1 in which we now were ? If it were, why - pass such a bill at this time, when it could i not go into operation ? He thought this a s good reason for rejecting these clauses. * t There was a mutual obligation, Mr. S. e said, between a government and all its citi zens. The government -owed protection c to its citizens, and citizens owed obedience r to their government. These duties were 1 mutual and co-extensive ; and they might as 1 well fay that government could abandon its j citizens when it pleased, as that citizens 1 could desert their government when they pleased" j yet he would allow that government > might, on certain occaGont, legalize expa triation, but not On the ground of a citizen's , having a right to expatriate when he pleased. 1 He should have no objection to take up the fubjeft 4t a time whf~ they could do justice to it, but he thought the present was not that.time. The qtteftion for'ltrikiug out the 6tli feo ticin, was put and carried 45 to 41. The 7th flection, which was as follows, fell of courfie : * , ". That all persons who (hall exercise the right os-expatriation, according to the laws of the United States, (hall be and are here by prohibited from becoming citizens of the Utjjted States forever thereafter." Mr. Harper proposed an amendment, which intended to introduce a new prin ciple.—As the bill now flood, no person coul4 tq into foreign service without incur ring the penalties therein provided ; but he behVved there might be cases where it would be for the benefit of this country to allow persons to go into foreign service. He there fore wished to strike out the words " the limits of the fame," to introduce those of " without fiaviny ftrfi bltaineii leave from the PrcfidcrJ of the United States." Mr. Claiborn thought the powers of the President large enough, and (lid not wi(h to increase them, nor to lay additional daty upon him. Mr. Vf.nable did net think, it neceflary to entrust the President with such a power. He did not believe it was the practice of any country to grant a power of this kind, ex cept in cases of officers, who, when they wi(hed {o go abroad, alked leave, because al ways liable to be called upon. Mr. DayTon (the speaker) moved to strike out the words moved to be struck out by the gentleman from S. Carolina, with the addition of the word " without." As the bill flood, he laid, there was a provision a gainst citizens who accepted and exercised a commission within or without the limits of the United States ; but none against those who accepted within, and exercised it with out the limits, or who accepted it without, and exercised it within the limits. He was against lodging the power proposed in the President for the reasons assigned by the gentleman from Virginia. Nor did he think it would be attended with advantage for our citizens to go abroad to learn what could not be learnt at home ; he believed, in doing so, they wot)ld learn more vice than virtue, and bring home a greater portion of evil than good. ~ !&,• * Mr. Swanwick was surprised, that after all that had been objefted against our citi -1 zen 3 entering into the service of foreign countries, that gentlemen should bring for ward a proposition to atlthorife the President to grant them leave to go into it when he (hall think proper. This would be placing the President in a very delicate situation ; because if he allowed citizens to go to fight in one country, he must allow them to go into another, or there would be a breach of neutrality ; and it would be an unpleasant thing to refufe applications of this kind. No advantage could be derived from this plan, equal to the disadvantages of thus placing the power. Indeed, he thought the proposition an argument against the bill itfelf. After a few obfemtions from Mr. Har per and Mr. Sewall, the question on the a mendment .of Mr. -Dayton, was negatived 44 to s9' I Mr. Dayton hoped some remedy would be applied to the evil he had mentioned; and 1 that they should not report so imperfect a , bill. Mr. Sewall fuggeftcd a way in which it tpight be remedied in the house. The committee accordingly rose, and the House took vip the amendments. Having come to that for ftrikingout the 6th and 7th fac tions. Mr. Dent called for the yeas and nays, which were agreed to be taken. Mr. Vlnable said, it seemed to be ad mitted that a right of expatriation existed in our citizens ; and if so, he thought there should be some mode of exercifingthat right. He had no particular obje&ion to the mode marked out in these clauses. It had been said this was not the proper time, but he thought it fince it was in some degree connected with the present bill. The gen tleman from Connecticut had stated allegi ance and protection to be mutual. He did not think they were so, to the extent which he stated. This government was not bound to protest citizens who went into fqreign service, as in doing so they chose the pro tection of another government. Mr. Harper asked for an instance in which the executive andjudfeiary had coun tenanced the dodtrine'of expatriation. Mr. Nicholas thouhgt it would have been better to have avoided taking up this subjeCt at pre Tent 5 but having taken it up, if the bill passed at all, he believed it had better pass with some regulations at the pre sent. As to thf doftrine of perpetual alle giance,hedid not think it could findmany ad vocates in this country. It would, indeed be dishonorable for us to hold out such a doftrine, after inviting people to come here in crowds from foreign countries. This drxftrin* he said would affeCt a third or fourth of the whole people of this country. He thought, therefore, ttf£ right of expatria tion ought at least to be confirmed here, as an example to other countries. Mr. W. Smith in answer to his col league, produced the cafe of Talbot, and the opinion given by -the Secretary of State and by thc'Judicrary court on that occasion, in favour of the right of expatriation. Mr. Giles thought there could not be a doubt in the minds of Americans on the fpb-* jest of expatriation. Indeed, he said, this was the foundation of our revolution ; for they were not now, he said, to be told they owed allegiance to a foreign country. It had not only been the gr.iund of the revo lution, but all their afts had been predicated upon this principle. He referred to the aft refpedtingthe rightsof naturalization, which makei every new citizen swear to support the conflitution of the United States, and to renounce all other allegiance. Mr. Gallatin was opposed to these feftioM. With refptfft to expatriation, hav ii.g himfelf exercised that right, he could riot be supposed to be opposed to that right. Perpetual allegiance was too absurd a doc trine to find many advocates in this country. The question was not whether citizens had a right to expatriate, but whether they should in this law prescribe a mode of doing it. The doCtrine seemed to have been recognized by the Executive and judici ary, He was against going into this bu iinefs, because he thought it unneceflary. He believed the determination of who were Citizens and who were not, might be fafely left with the judiciary. He also had lu6 doubts whether the United States had a right to regulate this matter, |or whether it should not be left to the ftate3, as the con fl'tution spoke of the citizens of the States. It was a dotibiful matter, and ought to un dergo a full discussion, The emigrants from this country to foreign countries were trifling —but from 10 to 12,000 of our citizens had gone to Canada, and upwards of 5000 bey ond the Miffifippi, 4000 of whom would be. got back by the running of the lines. A number of these men hold lands in the Uni ted States ; some have fold their lands and become citizens under another government. This subjeCt would, therefore, require con siderable deliberation at a future day. He wiftied the amendment of the committee of the whole to be adopted. , Mr. Sitgreaves confirmed his former statement with refpedt to the question of the right of expatriation having been fettled by the Judiciary. In order to do tlys, he read a note from one of the counsel in the eases of Henfield and Talbot, giving an account of ! the opinions of the court on the occasion. \ Mr, Sewall infilled upon the policy' of | preventingtherenunciationofallegiancewith ; out controul. The treaty of peace with G. Britain he said, had diflolved our allegiance ■ to that country, and acknowledged our in dependence. Mr. Giles believed the evil apprehended from individuals having the right to expatri ate themfelvs when they pleased, was more imaginary, than real. Only two citizens had taken advantage of that right in the (late of Virginia, where it was allowed in all its ex tent, in twelve years! But if there were any citizens so detached from the government, at to wifli to leave the country, ne should wiih them gone. To suppose this, would be to fuppofc a real divifioii betwixt the people and government, which he did not believe had existence. It was said Great Britain did n»t allow the doftrine of expatriation; But he said, (he had not any naturalization law. He was in favour of excluding citizens who once expatriated themfelvei from ever returning to this country. Mr. Thatcher did not think the princi ple was so important as It had been'confider ed. The great emigrations which we every day saw to this country, miglir quiet their apprchenfions of many goingy"rt>m it. He did not think one man a year would take ad vantage of the expatriation clause for 50 to come, which could be no great objefl ef pceially when it was coufidered that these would probably be the lead veluable of our citizens. Mr. Gordon was in favnuf- of the amend ment of the committee of tjie whole, though he could not fay he had wholly made tip his mind Upon the subject. He thought theft fefliorts important, and perfeftly di-ftir.<£l from the bill; he, therefore, wiftied the confiderition of this matter to toe postponed to a perio'd when they. Ihould have more letfure for the difciiflTon. .., Mr. Otis said, that when- this bill was firft reported, these clauses ftrm It him unfavorably; but a little reflection had convinced him of the propriety of retaining tfiem. The pafling. of this proviGon, he said, would not affedt the conftituticnal right with refpeil to expatriation, whatever it might be. This bi.l did not relate, to persons emigrating int® the Spanilh or £n glifh territories, but to perlons expatriating, therafelves, and engaging in the service of fo reign countries. The question on agreeing to the report of the committee of the whole to rejefl the 6th and ?th l'ecflions of the bill was taken jby yeas and nays as follow— YEAS. Meflrs. Baer, Baird, Bayard, Bradbury; Bry an, Cabell, Cochran, Coit, Craik, Davis, D Foster, J. Treemaw, Gallatin, Goodrich, Gor don, Gregg, Grifwold, Hanna, Harper, Hirt ley, Lorke, Lyon, M Dowell, Schureman, Se wall, Skinner, N. Smith, Standferd, Swanwick, Thompson, Thomas, Van Cortlandt, Varnum, R. Williams— *4. NAYS. MeflT. Baldwin, Blount, Brookes, Brent, Bur gess, Chapman, Champlin, Claiborn, Clay- Clopton, Dana, Dawfon, Dennis, Dent, Elmon, dor/, Evans, Findley,'A. Foster, Giles, Gillef pie, Glen, Harrifon, Havens, Holmes, Hafmer, Imlay, Jones, Lyman, Machir, Macon, Mat thews, M'Clenachan, Milledge, Morgan, New, Nicholas, Otis, Parker, Potter, Reed, Ratledge, Shcpard, Sinnickfon, Sitgreaves, S. Smith, J. Smith, W.Smith (C.) tV. Smith (P.) Sprigg, Sumpter, Thatcher, A. Trigg, J. Trigg, Van Alen, Venable, Wadfworth, J. W- Williams. —J7- ' All the amendments having been gone thro' Mr. S. Smith moved to postpone the further con fideratipn of the bill till the fir It Monday jn No vember. This motion was'fupported by meflrs. Var num, N. Smith, Baldwin,.Goodrich and Coit, as involving a question of too delicate and im portant a nature to be parted over in this bafty manner, and beiaule there was 110 prefling nt ctffity to go into the measure at present. It was opposed by meflrs. Otis, Williams, W. Smith and Craik, on the groand of the provi 6on of tb« bill being necessary, and that to post pone the buGnefs, after so ample a difcuflion, would lie undoing what.thcy had been doing for two or three day " The question for poftfpnement was taken by, yeas and nays as follow : YEAS. Meflrs. Baer, Baldwin, Baird, Blount, Brtnt, Burgcfs. Cabe!l,-C!aibbrn, Clay, Clopton, Coit, Dawlon, Elmondorf, FimlUy, Fo(U», Fowler, N. Freeman, Gallatin, Giles, Gillefpve, Good rich, Gordon, Gregg,Grifwold, Hanna, Harri fon, Havens, Jones, Lccke, Lyon, Macon, M'- Clenachan, M'Dowell, Milltdge, New, Nicho las, Parker, Sewall, Skinner, N. Smith, S. Smith, W. Smith (P,) Sprijtjr,Sandfort!, Svmp ter, Swanwick, A. Trigg, J. Trigs, Van Ccrt laadt, Varaufn, Venable,K. Williims—sa. NAYB. Meflrs. Bayard, Bradbury, Brookes, Bryiti, Chapman, Champlin, Cochran, Craik, Dana, Davis, Dennis, Der.t, Lvar.s, A. t'ollir, J. Frce man, Glenn, Ciove, Harper/ Hartley, Hind man. Holmes, llofmer, Imlay, Kittera, Lyman, Marfiir, Matthews, Morgan, Otis, Potter, Heed, Rwledge, Sehureman, Shepard, Siunick fon, Sitgrcives, J. Smith, W. Smith (Ch.) Thatcher, Thomas, Thompson, Van Alen, VVailfwohh, J. Williams— 44. The bill being thus-lost, Mr. W. Smith pro posed A resolution to the heufe for Appointing a committee t<» report a new bill without thetwri last clauses, which it was evident hid been the vaufe of the negative given to the bill. 1 As he t ftippofed no opposition would be made to the bill f» reported, it might be got through with out loft of time. After some further conversation pn a point of order, whether »r not this resolution could be admitted, the speaker declared it in order, hut Mr. Coit wilhing it to lie on the tjble till to morrow, it lay accordingly. Mr. Reed, from the commltteeof'enrolment, reported the bill for the further prote&ion of the ports and harbors of the United States a* duly enrolled, and it accordingly received the figaature of the speaker. Adjourned. Thursday,jtf.vx ii Mr. W. Shith called upthe-refohltmn which he yesterday laid upon the table, for tlppointing a com mittee to bring in a biU for prohibiting citizens of the United States from entering 011 board foreign ships of war without the expatriating claufcs. This resolution was opposed by MefTrs. Bald win, Giles and Venable, and supported by the mo ver and Mr. Harper. It was negitiyel 49 to 46. A meflage was received from th? President ef the United States, in confequer.ci; of the. resolution of the xcthiaft. calling upon hinv.fur information, relative to French and English spoliations, Cnca the id of Oitober, 1796, intlotag documents a* follows; ■ Report of the Secretary of StMe t» the President of the United States, refp«