produce a proportioned variety of laws; that no one, contrary to his inclination, should be deprived of his right of citizenship; and that no one, contrary to his inclinations, should be obliged to continue in that relation. The power of retaining and of renouncing our rights of citizenship, is the most stable foundation of our liberties."

S

In the digest of the Roman law, it is laid down as a rule, that every one is at liberty to choose the state, of which he wishes to be a member.

Indeed, excepting in some very particular cases, every one ought to be at liberty to leave the state. This general liberty is not only just, but may be productive of much generous emulation among states, and of extensive advantages to their citizens. Those states, which manage their affairs best, will offer the strongest inducements to their own citizens to remain, and to others to incorporate among them. On the other hand, it is both inhuman and unjust to convert the state into a prison for its citizens, by preventing them from leaving it on a prospect of advantage to themselves. True it is, that they ought to make compensation for any advantages, which they have derived from the state at its expense: but equally true it is, that this compensation is generally made, by their having contributed annually, during their past residence, towards the publick revenue, by paying taxes on property, as all men, even minors, do; and by consuming goods, on which imposts or duties have been levied.

. Dig. 1. 49. t. 15.

It may

Emigration may arise from various causes. be occasioned by the population of a country. In this case, great numbers may be constantly leaving the state, and yet the state may be increasing in population. It has been suggested by some writers, that the right of exposing children has been one cause of the populousness of China. Surely the prospect that they will be comfortably provided for, if not in their own, yet in another country, must be a much more powerful, as well as more humane incentive to marriages.

Insecurity, hardships, oppression may be the causes of emigration. A nation whose inhabitants are in a predicament so disagreeable, may be in declining circumstances; but those circumstances, indicating a decline, are not the effects of emigration; they are the effects of the evils and calamities which occasion it. Two things, which are commonly considered as cause and effect, are often no more than two collateral effects of the same

cause.

Independently, therefore, of the question of right, there can be but few cases, in which emigration could be prohibited on the sound principles of policy. Emigration, it is true, may be a symptom of languor and decay; but it may also be an evidence and a consequence of the overflowing vigour and prosperity of the

state.

Permit me to suggest a still further reason—to me it appears a strong one-in favour of unrestrained emigration. In a free state, the consent of every citizen to its institution and government ought to be evinced either by express declarations, or by the strongest and justest

presumptions. When a state is formed, the residence. of a citizen is presumed a sufficient evidence of his assent and acquiescence in its institutions: to reside in any country is universally deemed a submission to its authority. But that these presumptions may be fairly drawn, we must be understood as speaking of a state, from which the citizens have liberty to depart with their effects at pleaWhere this liberty is not enjoyed, the considerations of family, of property, and many other considerations that are without a name, may detain a man, much against his inclination, in a country, in which he finds himself trammelled. In such case, his residence is no reasonable evidence of his consent to the formation, the constitution, the government, or the laws of the state.

sure.

Upon the whole it appears, that the right of emigration is a right, advantageous to the citizen, and generally useful even to the state. It may, however, in the fundamental laws, be reduced to a certainty. The citizens of Neufchatel in Switzerland may quit the country, and carry off their effects, in whatever manner they please, without paying any duties. By the constitution of Pennsylvania," it is declared "that emigration from the state shall not be prohibited."

These remarks on the rights and principles of emigration, prepare the way for remarks, more important, on the principles and rights of colonization, which will form the subject of inquiry in a future part of our lectures.

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CHAPTER VIII.

OF MAN, AS A MEMBER OF A CONFEDERATION.

A NUMBER of states or societies may associate or

confederate together for their mutual security and advantage. In some respects, such confederacies are to be considered as forming only one nation: in other respects, they are to be considered as still retaining their separate political capacities, characters, rights, and powers. Associations of this kind have made their appearance but seldom on the great theatre of human affairs; and when they have appeared, the part they have acted has generally been but a short one; and even that short part has, in most instances, been defaced, or mutilated, or rendered obscure by the effect of all-corroding time. The appearance, however, of personages, so peculiarly interesting to the United States, well deserves to be marked, to be traced, to be distinguished, with the most sedulous precision and exactness.