66 "for the advantage of other nations; that "army, rigidly upon the doctrine of un"if those other nations think it expedient" alienable allegiance, would be a step of "to prohibit expatriation they can do so," which we should in a short time most "but so long as our enemies invite our "sorely repent;" but if Britain insists subjects to apostacy; I cannot discover upon the policy and legality of holding "that either consistency or policy calls her subjects to their allegiance, we should, upon this country to adopt a different to act consistently, never sanction the docourse with their subjects." Consistency, miciliation in Great Britain of her citizens as well as policy, seems to me to require from America. If we pursue this doctrine that we should do unto others as we would on a peace with America, we must stiputhat they should do unto us. If we endea- late by treaty that we will not acknowledge vour to prevent our extermination as a na- the right of America to inlist our subjects tion; supposing, for a moment, that the under her banners, and that we will not whole subjects of Britain were about to de- admit the citizens of America to the rights part for America, by the adoption of non- of British subjects. I consider American expatriation, we should allow America to citizens and British subjects to be aliens to adopt a similar rule of conduct. It is true, the respective countries of Britain and Amethat we are not bound to legislate for America, as much as are the natives of France; rica, but consistency and policy both require if we expect America to adopt the doctrine of non-expatriation, that we should not hold out a premium to her citizens to become subjects of Britain, whilst we refuse her the reciprocal advantage of domiciliating British subjects.- -In your last Register, page 161, it seems to me that your opinion is now somewhat different from what it was in 1807; however, let me not be misunderstood; I presume not to charge you with criminality for a change of sentiment; on the contrary, the wisest and best of mankind in every age, have found reason to alter their sentiments, convinced by their maturer age and experience of the fallacy of their early opinions; and I applaud their manly conduct in setting themselves right. * "Allow the right of expatriation," you observe, page 555, Register, October 10, 1807, "and I hardly see any ground upon which resistance of any sort against government, however villanous and ty"rannical that government may be, can "be justified." So far as to policy and as to the legality of expatriation, you altogether denied the instances I adduced in favour of it. In your Register of August 7, 1813, you, however, remark, "It should "be considered, too, that our own laws "make exceptions as to alienage," although you formerly asserted, page 551, Register, October 10, 1807, that a man cannot become a subject to another state." We, however, now agree; and it was to put an end to all controversial proceedings, that I was and am desirous of declaring or enacting what the view of Britain was and is respecting alienage. I agree cordially with you in your observation, page 171, "that an attempt to act "towards persons taken in the American but yet I have heard contended the doctrine which has been adopted, that American citizens, born before the revolution, may hold lands in Britain. This I know they do, but I apprehend that the King may claim such property in the life-time of the holder, and that on his death it escheats to the crown. This is another subject it would be desirable to have settled. The law of America is, I believe, and as you observe, different at this time from what it was in the year 1791, with respect to residence required before a stranger be admitted to the rights of citizenship. Five years' residence are now required, but from the facility with which persons antecedently became naturalized, an immense number of British subjects became American citizens. Prior to 1792, and sometime afterwards, it was merely requisite to go into a court of law in America, and declare the intention only of becoming a resident citizen, to entitle a person to the rights of American citizenship. A friend of mine recently favoured me with a copy of a certificate of citizenship, which a British subject was supplied with on application for and admission to the rights of citizenship, which alone would entitle him to acquire property of his ancestor, a British subject, who resided in America long prior to the revolution and subsequently, and who continued a British subject; but on the death of the parent, one of the most eminent law characters, as he is stated to have been, Mr. Edmund Randolph advised the present holder to become a citizen, as the sole means of enabling him to hold the property referred to. This, perhaps, may be termed a situation of peculiar difficulty; but I believe there are many persons who are similarly situated, arising out of the in from their allegiance, in which case we S. V. former connexion between the parent country and its colonies. Severe, indeed would it be to treat such men as traitors. even if they were found with arms in their hands upon an invasion of America by Britain; for it is not improbable that they would be compelled by America to defend the soil in which they have, by acquisition The of property, acquired an interest. lot seems peculiarly hard, as it was not sought for by them, but cast upon them by the former relative situation of the two countries. The certificate I have above alluded to is in the following terins: "Vir"ginia to wit: At a supreme court held the day of "who hath emigrated into this state from "Great Britain, this day in court declared "on oath, that he intended to reside in "this Commonwealth; he thereupon took "the oath for giving assurance of fidelity "to the Commonwealth, in order to en"title himself to the rights of a citizen. Copy. Teste, Walker Crutchfield, "Clerk." If this man, thus admitted to the rights of citizenship, be found in arms in America, he would, by the laws of Britain, be liable to be tried for high treason; and under his admission to the rights of citizenship, he is bound to defend the country from invasion by his oath of fidelity. Even Mr. D. M. Erskine, the cidevant British Ambassador, to whom I alluded in page 439 of your Register, Sep-" SIR,-When the manners and principles tember 19, 1807, who became a citizen of of a people become perverted from the lethe United States in consequence of inter-gitimate ends of civil society, the reflectmarrying with an American, would being mind is often wounded with the intruplaced in a predicament which the talents of his noble parent could not extricate him from, was he to be found opposing by arms the efforts of an American descent at Portsmouth, which place his noble parent, when a commoner, represented in the House of Commons; and was he to be taken prisoner on board the American force (I am, it is true, supposing an extreme case, but it is a possible event), he would be in a double character, that of a British subject by birth and an American citizen by adoption.quence of the promulgation of intelligence Surely, in this dreadful predicament, man from America, which you discuss in this should not be placed; a mutual declaratory day's Register, respecting the committal to act of the two governments should set at custody of British subjects by the American rest the situation he would be placed in, authorities, in order to retaliate, if necesand to which government he strictly and sary, for any punishment inflicted on solely belongs.I know of no middle course British subjects naturalized in America. to adopt we must either allow all British I hope you will observe the last expressions subjects to expatriate themselves, if dis- of the foregoing sentence, for it is the pivot posed so to do, as we admit American on which the question turns. British subsitizens to the rights of British subjects, or jects! says the American, how can they be coats, we must wholly forbid them to depart so, after having been naturalized by us? AMERICAN CITIZENSHIP. sion of false doctrines, confidently and arrogantly sent forth by the basest panders of faction, and thoughtlessly imbibed by the credulous many; indeed such are the necessary consequences of a system as base in its origin as profligate in its course, and which appears to have contaminated all orders of society; and the man of discernment is left to lament the progress of error, without a clear prospect of an antidote to such -These reflections arise in consea bane. glorious Revolution," glorious I agree, You will find in Book 2d, chap. 8., beginning at sect. 113, that he lays down this doctrine:1st, That the place of birth gives no right to the community to claim that person as one of their body.—2dły, That residing among them during his convenience, and conforming to their laws, &c. constitute only a tacit consent, from which they can claim no allegiance whatsoever. Because they were born in a land under the British authority, says the Englishman.-looking at the principles, not the practice. So here we find the claim of both parties: the question hes in a small compass, but the difficulty will be how to satisfy both claimants; the editors of our hireling press never appear inclined to moderation, never to dip into reason and let it be their guide, but to glide on the surface, and to lead their readers by appearances only; they I well know what a thoughtless race they have to deal with, and how contented and well informed they will consider themselves, after having skimmed over the immaculate productions of The Times, Post, Courier, &c. &c. But, Sir, the business before us is of a very serious and animating nature, particularly to those who have a real love of freedom, and whose love of mankind would wish this question to be discussed at the shrine of reason, and thereby prevent the innocent being sacrificed on the altar of madness.I am glad to perceive that you attempt to create that mode of thinking on the subject which I so much adınire; but you do not appear to have any definite opinion on the subject, there does not appear to be that resting-place or foundation which generally accompanies your productions, and which, as Cato is supposed to have said in his soliloquy," Here will I hold," &c. : but I hope for the sake of humanity, and the liberty of man, that it will admit of being brought into "a tangible shape."-I remember that Mr. Whitbread was reported to have said, “ that he believed the people of this country were never more enlightened in the science of civil government than at present:" in this I differ from him, otherwise the corrupt press would not find it their interest to be continually pouring forth their lucubrations, so opposite to the principles which placed the Brunswick family on the throne of this land; but I am fearful you will say, enough of your comments.-Therefore, I will state to you, that it appears to me, that a safe line may be drawn in this case, consonant to the liberty of man, and which will appear consistent in all its bearings. And when the character and capacity of the man from whom I derive my ideas are considered, it will give additional weight to the doctrine, and that man is the inmortal Locke, whose treatises on government I believe are now but little known. Indeed the young men with whom I converse know no more of them than the untutored African; but, be it remembered, that this great and good man wrote in defence of our 66 -3dly, That he is at liberty to leave such community, and connect himself with any other which he may think proper, and whenever he pleases; but with this considerable exception, that if he hath freely given his express consent, after arriving at years of discretion, to become a member of such community, he is to all intents and purposes one of their body, and cannot transfer his allegiance to any other commonwealth, unless the government of his own society should be dissolved, in which case he would be at liberty to become a member of any other community.This doctrine, Sir, appears to me conclusive; for, although many notions may be adduced against it, here is a basis, harmonizing with the natural liberty of man, and his liberty in society, according with reason, and steering clear of the extremes of inalienable allegiance, and a dissolution of allegiance at pleasure; for it must be clear to the most common understanding, that it is a gross infringement on the liberty of man, if he happens to be born under a noxious despotism, that he must for ever belong to such a pestilential society; and on the other hand, it is equally unreasonable and unjust, that if such an express consent be given, that it should be broken at pleasure: therefore, "here will I hold,” until I hear something that can overturn this reasoning. I should much like, Mr. Cobbett, to see you handle this subject; for, believe me, I don't mean to flatter, when I say, that, elucidated by you, truth would appear doubly clear. I wish I had the eloquence of a Cicero, the argumentative powers of a Locke or a Barclay, and an opportunity to proclaim throughout the world the doctrines laid down by our great philosopher. His writings made the enemies of freedom fly to lands of despotism to indulge their venom against the enlightening truths of nature; but how changed the scene, could Locke peep from his tomb, and behold the race of degenerate scribes who have inurdered the fair doctrines once held in veneration, but now scarcely men A LOVER OF FREEDOM. tioned but to be ridiculed! His feelings ean | the Bill itself, though designated a Bill for be appreciated by a few, but scarcely de- General Enclosure, I certainly did not conscribed by any. You will perceive by this, template, had it been passed (with all nethat I do not notice the" law of nations;" cessary alterations and amendments), that upon the subject, Mr. Locke says, that an- it was therefore to have been immediately cient and modern history are in unison acted upon in every parish having waste in with his opinion, which I think will be the kingdom. I certainly only had in view more conclusive evidence than giving any an Act for facilitating the possibility of of my own. I am, Sir, yours respectfully, Enclosures by diminishing attendant expenses, by simplifying the precedent processes, and by leaving the adjustment of interests and the settlement of opposition more in the vicinity of the immediate parties interested. The time and the extent of its adoption would, like every other speculation, have been guided by the demand and competition of the market. And every hasty imprudence here, like imprudence every where, would, from failure, have taught caution, and the necessity for a progressive use of facilitated means. -What you state is indisputable," that the number of mouths in any country, which has for ages been established, will always bear an exact proportion to the quantity of food to be got in that country;" and I believe it is generally the case, that in a free and industrious country, the converse proposition is equally true, that the quantity of food will always bear an exact proportion to the number of mouths. But, true as this proposition and its converse are, yet this quantity of food may be taken at the pure physical receipt which is usually the lot of the poor man in a year of scarcity, and that abundance which gladdens his heart, and which is his fortune in a year of plenty; when his consumption is less careful, and when the very lowest wages of his labour will purchase it. Now if the cultivation of wastes were to add to the positive quantity of food raised in England, so much as to keep the supply of it at the rate of a year of plenty, this measure would thus portend to better the condition of the poor. GENERAL ENCLOSURE BILL. SIR, I feel obliged and gratified by your clear illustration of the consequences of a General Enclosure Act, and even where my opinions meet your opposition, your fairness satisfies, and your reasoning is instructive. I know no right I have to trouble you again, but on some points I am inclined to think there is room for reply, at any rate, reason for explanation.- As to the Legislation this Bill would have given to Justices of the Peace, considering their appointments, I very much doubt; contemplating the fallibility of all human institutions, were their appointments even completely popular or completely elective; whether the domestic justice (if I may so call it) of the country would be administered as cheaply, as readily, and, speaking from what I see, as disinterestedly, as it is now. There may be exceptions to blame: but a time-serving justice is as severely marked by the estimate of public opinion, as an unjust one would be severely punished by the King's Bench. Were the appointment popular, perhaps the clergy would be the fewer. They must excuse me, I admit their intelligence as a body; I allow them an equal share of integrity with other men: but the Throne and the Altar are so allied in interest, or think themselves so, that they have need to be more than men to resist the bias of such an influence on their minds. With respect to this Bill, however, the magistrates might have been left the mere ministerial confirmers of the Enclosures taking place under it, as they are in the case of poor rates, without a right to refuse this confirmation, if all the enacted forms had been complied with. This would be a less power than is now given them by the present General Enclosure Act, by which, commissioners acting under private Bills, are obliged to pass all accounts before them. And far less than is very commonly given them by the Appeal to them in Sessions, now very usually inserted in private Acts.As to As to new Enclosures adding to the positive quantity of food in a country, and the quantity of corn being always in proportion to the quantity of land in cultivation. I am myself inclined to think that new Enclosures, gradually taking place, would increase the positive quantity of food; not because the quantity of corn or food is always proportioned to the quantity of land, but because there is always in a free and industrious nation, where competition and demand are continually working, a superfluity of capital and of labour; which would, from man's propensity to become a landed proprietor, readily be in vested in the purchase and cultivation of and encroachment here and there, and no where comfort. Now what will Enclosure do here? why, if the same as in other instances have happened, these cottages and encroachments will all be sold at a moderate rate to the occupiers, and be increased by further purchase, both which will be improved by the capital and labour left from the occupations of the loom. Nor would you see in this population, the nature of man debased by servitude, nor countenances towering to wealth or power; that, I pray, may never be the feel of Englishmen, save should the coward spirit of villany encounter the brow of honesty. No, I could shew you men, thus having obtained domain, which they prize and which they cultivate with sentiments of independI can only draw in-ence and with practical ingenuity; enjoying comforts the palace might envy, and having attachments and friendships which the interested views of wealth and of avarice seldom know but in fiction, or assume but for a base purpose.- -I feel I have already too far trespassed upon your paper; therefore, forbearing at all to mention the inducement such an Act might be to delay emigration which is frequent, I will only beg to subscribe myself, stances from parts I more particularly know; and I think I may say, that in the counties of Lincoln, York, and Derby, this has not been uniformly the case. What is more, in the two first counties there have been several cases of the allotments of wastes, which, in three or four years with very little manure, I believe, in some places, even with none, have repaid the purchase-money expenses of enclosing cultivation.- -If I am not mistaken, this happened, in some instances, in the Fens of Lincolnshire. The crops of old growing land, however highly cultivated, must have been very abundant to have equalled this and their usual crop, for both must be grown at the same time and in the same space; the one, as the return for the capital of the unimproved husbandry; the other, for the capital employed in the improved cultivation preferred to the cultivation of waste. With which must be considered the danger of mildew in our climate, wherever wheat, one of our most profitable crops, is laid, from the length of straw, on land too rich and highly manured. You describe with amiable feeling your unwillingness, by any measure of this sort, however advantageous to yourself, to abridge the possessions and enjoyments of the common-side trespassers; or to deface the beautiful and picturesque scenery of your county. We all insensibly tinge our reasoning from associations and impressions arising from objects and views around us: thus with me, the wastes I generally see, are in their scenery rude and horrid; their produce little or none; that little perhaps stolen, "not altogether by the poor man, but by some neighbouring jobber who stocks without right; a miserable cottage, RUSTICUS. OFFICIAL PAPERS. LONDON GAZETTE EXTRAORDINARY, (Continued from page 256.) Abstract of Return of Killed, Wounded, and Missing, of the Army under the Command of FieldMarshal the Marquis of Wellington, K. G. in Action with the Enemy, from the 31st July, to the 1st August, 1813, inclusive. Total British Loss-6 serjeants, 40 rank and file, killed; 1 Major, 7 Captains, 3 Lieutenants, |