Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
It is well known to many gentlemen on this floor, as well as to the
public, that the petitioner is a man of talents, one who would not
lightly hazard his reputation in support of visionary principles: yet I
cannot but think he has erred in one of the principles upon which he
grounds his charge. He supposes, when this country separated from Great
Britain, the tie of allegiance subsisted between the inhabitants of
America and the king of that nation, unless, by some adventitious
circumstance, the allegiance was transferred to one of the United
States. I think there is a distinction which will invalidate his
doctrine in this particular, a distinction between that primary
allegiance which we owe to that particular society of which we are
members, and the secondary allegiance we owe to the sovereign
established by that society. This distinction will be illustrated by the
doctrine established by the laws of Great Britain, which were the laws
of this country before the revolution. The sovereign cannot make a
citizen by any act of his own; he can confer denizenship; but this does
not make a man either a citizen or subject. In order to make a citizen
or subject, it is established, that allegiance shall first be due to
the whole nation; it is necessary that a national act should pass to
admit an individual member. In order to become a member of the British
Empire, where birth has not endowed the person with that privilege, he
must be naturalized by an act of Parliament.
What was the situation of the people of America, when the dissolution of
their allegiance took place by the declaration of independence? I
conceive that every person who owed this primary allegiance to the
particular community in which he was born, retained his right of birth,
as a member of a new community; that he was consequently absolved from
the secondary allegiance he had owed to the British sovereign. If he
were not a minor, he became bound, by his own act, as a member of the
society who separated with him from a submission to a foreign country.
If he were a minor, his consent was involved in the decision of that
society to which he belonged by the ties of nature. What was the
allegiance, as a citizen of South Carolina, he owed to the King of Great
Britain? He owed his allegiance to him as a king of that society to
which, as a society, he owed his primary allegiance. When that society
separated from Great Britain, he was bound by that act, and his
allegiance transferred to that society, or the sovereign which that
society should set up; because it was through his membership of the
society of South Carolina that he owed allegiance to Great Britain.
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