COMMONS' AMENDMENTS. (Hansard, 9 May 1870)

THE LORD CHANCELLOR
explained that the Amendments made by the Commons in the Bill, as it was sent down by their Lordships, were only four, to which he hoped their Lordships would have no difficulty in agreeing. In Clause 2, enabling aliens to hold property, the Commons had struck out the proviso, empowering the Queen in Council to suspend its operation with regard to the enjoyment of property by aliens, subjects of any State at war with Her Majesty, during the continuance of such hostilities. This proviso appeared to him, when inserted, scarcely necessary, since, during a time of warfare, there would be ample power to deal with the subjects of an enemy who had settled or held property in this country. The aim of the Bill—though, as he had explained, it could not be thoroughly carried out—was to enable any person with a double allegiance to elect which country he would be a subject of. The 4th clause accordingly provided that any person who, by being born within the British dominions, became a British subject, but who also became at his birth under the law of any foreign State a subject thereof, might, if of full age and not subject to any disability, make a declaration of alienage, and cease to be a British subject. Now, the Commons had added the converse proposition—that a person born out of Her Majesty's dominions who by reason of parentage was a British subject, should, in like manner, be able to make a declaration of alienage and cease to be a British subject. This he thought an improvement, for it made, the position of both countries a reciprocal one. The term of three years' residence adopted by their Lordships as a qualification for naturalization had been extended by the Commons to five years—which was the period required in Prussia, and he believed at present in the United States. Considering that naturalization would confer the full privileges of citizenship, including a seat in Parliament and membership of the Privy Council, their Lordships, he trusted, would not be indisposed to assent to this. The Commons had also added a money 391 clause, enabling the Home Secretary to fix the fees payable on certificates and declarations, which could not properly have been inserted by their Lordships. He moved that the Commons' Amendments be agreed to.

§ LORD WESTBURY
expressed a doubt whether the Government would have sufficient power over the subjects of a State at war with us, in the absence of the proviso which the Commons had struck out. The 4th clause having originated with himself, he should wish it to be good English; but the provision added by the Commons spoke of a person as "born of a father." Now, it was quite right to speak of a man as born of a woman, or born to a father, but "born of a father" was a singular expression, which he had not previously met with, even in the proceedings of a Reformed Parliament. It expressed, indeed, a thing physically impossible. He would propose an Amendment, making it read "any person born out of Her Majesty's dominions, the child of a father."

THE DUKE OF ARGYLL
reminded the noble and learned Lord that it was not uncommon, and, he believed, not incorrect to say—"born of English parents," which, according to his contention, would be as bad English as the expression used in the Bill.

§ LORD WESTBURY
remarked that the phrase "English parents" included the mother.

THE EARL OF CLARENDON
appealed to his noble and learned Friend not to press his Amendment, unless he attached great importance to the distinction between father and mother. It was important that the Bill should become law as early as possible, as it would be the basis of a treaty giving effect to the Protocol signed by Lord Stanley and Mr. Reverdy Johnson. If passed tonight it could not receive the Royal Assent before Thursday, which would leave Friday for him to negotiate with Mr. Motley.

§ LORD WESTBURY
upon this withdrew his Amendment.