William Johnson

“ It lies then at the basis of our revolution, that when we threw off our allegiance to Great Britain, every member of each body politic stood in the relation of subject to no other power than the community of which he then constituted a member. Those who owed allegiance to the king, as of his province of South Carolina, thenceforward owed allegiance to South Carolina. The courts of this country all consider this transfer of allegiance as resulting from the declaration of independence; the British from its recognition by the treaty of peace. ”

“ These legislative acts, it cannot be denied, do seem to hold out the doctrine of the right to change our allegiance, and do furnish ground for insisting, that it is absurd in a government to deny to its own citizens, the right of doing that which it encourages to be done by the citizens of other states. ”

“ The idea brings man back to a state of nature; at liberty to herd with whom he pleases, and connected with society only by the caprice of the moment.
Upon the whole I am of opinion, that Mrs. Shanks continued, as she was born, a citizen of South Carolina; and of course unprotected by the British treaty.
I have taken a general view of the subject, although it does not appear precisely whether or not Mrs. Shanks had attained an age sufficiently mature to make an election before marriage, or was ever discovert during her life, so as to be able to elect after marriage. ”

“ As the common law of Great Britain is the law of South Carolina, it would here perhaps be sufficient to state that the common law altogether denies the right of putting off allegiance. British subjects are permitted, when not prohibited by statute (as is the case with regard to her citizens) , to seek their fortunes where they please, but always subject to their natural allegiance. ”

“ If the moral government of our maker and our parents is to be deduced from gratuitous benefits bestowed on us, why may not the government that has shielded our infancy claim from us a debt of gratitude to be repaid after manhood? In the course of nature, man has need of protection and improvement long before he is able to reciprocate these benefits. ”

“ Neither the ordinance for establishing an oath of abjuration and allegiance, passed February 13, 1777, nor the act of March 28, 1778, entitled 'an act to oblige every free male inhabitant of this state, above a certain age, to give assurance of fidelity and allegiance to the same,' holds out any idea of the right of election. The first requires the oath to be taken by any one to whom it is tendered, and the last requires it to be taken by every male inhabitant above sixteen, under pain of perpetual banishment. ”

“ It is a popular and flattering theory, that the only legitimate origin of government is in compact, and the exercise of individual will. That this is not practically true, is obvious from history; for, excepting the state of Massachusetts, and the United States, there is not perhaps on record, an instance of a government purely originating in compact. ”

“ From the previous relations of the colonies and mother country, it is obvious that the declaration of independence must have found many persons resident in the country besides those whose allegiance was marked by the unequivocal circumstance of birth; many native born British subjects voluntarily adhered to the Americans, and many foreigners had by settlement, pursuits or principles, devoted themselves to her cause. ”

“ Shanks was a British subject. She was so in common with the whole American people. The argument therefore proves too much, if it proves any thing; since it leads to the absurdity of supposing that Great Britain was stipulating for the protection of her enemies, and imposing on us an obligation in favour of our own citizens. ”

“ There is not a writer who treats upon the subject, who does not qualify the exercise of the right to emigrate, much more that of putting off or changing our allegiance, with so many exceptions as to time and circumstances, as plainly to show that it cannot be considered as an unalienable or even perfect right. ”

“ And even here, probably, not more than one third of those subjected to the government had a voice in the contract. Women, and children under an age arbitrarily assumed, are necessarily excluded from the right of assent, and yet arbitrarily subjected. ”

“ These are purchased by the submission and services of our parents; why then should not those to whom we must be indebted for advantages so indispensable to the development of our powers, be permitted, to a certain extent, to bind us apprentice to the community from which they have been and are to be procured? ”

“ It first contains a provision in favour of real British subjects, then one in favour of persons resident in districts in possession of his majesty's arms; and then stipulates that persons of any other description shall have liberty to go to and remain twelve months in the United States to adjust their affairs. ”