p, is a problem
yet to be solved.

I now proceed to remark on that part of the letter, in which the writer
says, that, _from what he can learn from all the late Americans, I
am not considered in America, either by the Government or by the
individuals, as an American citizen_.

In the first place I wish to ask, what is here meant by the Government
of America? The members who compose the Government are only individuals,
when in conversation, and who, most probably, hold very different
opinions upon the subject. Have Congress as a body made any declaration
respecting me, that they now no longer consider me as a citizen? If they
have not, anything they otherwise say is no more than the opinion
of individuals, and consequently is not legal authority, nor anyways
sufficient authority to deprive any man of his Citizenship. Besides,
whether a man has forfeited his rights of Citizenship, is a question not
determinable by Congress, but by a Court of Judicature and a Jury; and
must depend upon evidence, and the application of some law or article of
the Constitution to the case. No such proceeding has yet been had, and
consequently I remain a Citizen until it be had, be that decision what
it may; for there can be no such thing as a suspension of rights in the
interim.

I am very well aware, and always was, of the article of the Constitution
which says, as nearly as I can recollect the words, that "any citizen
of the United States, who shall accept any title, place, or office, from
any foreign king, prince, or state, shall forfeit and lose his right of
Citizenship of the United States."

Had the Article said, that _any citizen of the United States, who shall
be a member of any foreign convention, for the purpose of forming a free
constitution, shall forfeit and lose the right of citizenship of the
United States_, the article had been directly applicable to me; but
the idea of such an article never could have entered the mind of the
American Convention, and the present article _is_ altogether foreign
to the case with respect to me. It supposes a Government in active
existence, and not a Government dissolved; and it supposes a citizen of
America accepting titles and offices under that Government, and not a
citizen of America who gives his assistance in a Convention chosen by
the people, for the purpose of forming a Government _de nouveau_ founded
on their authority.

The late Constitution and Government of France was dissolved t