Reverdy Johnson to William H. Seward, October 9, 1868

Mr. Johnson to Mr. Seward

Sir: I have the honor to inclose you a protocol on the naturalization question, signed by Lord Stanley and myself on this day. I hope you will concur with me in thinking that it maintains the American doctrine on the subject in very clear and explicit terms. The first article admits the right of expatriation, and of obtaining absolute citizenship in another country, if the laws of such country admit of it. A native subject of Great Britain, therefore, who has already become, or may hereafter become, under our laws, a naturalized citizen of the United States, ceases to hold any allegiance whatever to Great Britain; and as you will perceive by the two terms which, at my instance, were inserted in that article, should he be again within the dominions of Great Britain, that government will be bound to consider him as “in all respects and for all purposes” a citizen of the United States. This, of course, in future trials in the British courts would entitle him to a jury de mediataie linguœ, as long as a foreign citizen by the English law is secured that privilege.

The second article is designed to give, and does give, the right to a naturalized citizen to renounce his acquired and resume his native nationality. The manner of doing and declaring this is to be the subject of future arrangement. This article embraces only the naturalized citizens who think proper to remain within the country in which they were naturalized.

The third article covers the cases of those who remove from the country of their naturalization to that of their nativity. In such cases the latter government may, upon such terms as they shall think proper, readmit them to their native citizenship upon their application.

The fourth article is rendered necessary by the laws of England, as construed by the law officers of the Grown, and I have no doubt that that construction is a correct one. I have not made the article reciprocal, because no such difficulty exists with us.

This impediment, however, to a full treaty on the subject, to go into operation at once, I have every assurance will at the earliest moment be removed. This assurance I not only have from members of the present government, including Lord Stanley, but from what is known to be the desire of those who may possibly succeed them by the result of the coming elections.

Being now convinced that the above matter will be soon satisfactorily adjusted, I shall, under the authority given me by your dispatch No. 20, of the 23d of September, proceed to negotiate on the San Juan and Claims questions, subject, of course, to the restrictions that they are not to be finally settled until the question of naturalization is ultimately concluded. For that purpose I am to have an interview with Lord Stanley on Friday, the 16th instant, when we are to consider the San Juan affair.

I continue to keep in view the cases of Warren and Costello, and have reason to believe that they and several of the other prisoners will be released at a comparatively early day.

Trusting that what I have so far done will be approved by the President and yourself,

I remain, with high regard, your obedient servant,