The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-12

Reouisiitos on ForeigneYs TO Enroll Themselves
fherein- Subsequent Afodifcattoa off in Rigard
to this Class of Residemts-Th The Question of The |
Laufsl,sess ofsuch ReqnisitioM, under the Lao /
Of Nat,o~s, Briefly Conadered-.Steps taken 20
Obtain the Recognition Of. The Rep.5lic-A
Gros~dOf Difficulty in th,s Matter Stated.
measure of SEINE interest to foreigners resi-
dent here United States citizens as we'll as others
and on which action has just nov begun to be
saken, seems TO demand some nctice at the hand
of your correspo udent ii from 40 other American
quarter.
Acting under the general authority conferred
upon hin. by the article OF the constitution noticed
m nv las, letter, the President OF THIS republic
promulgated on the 22d of February last, decree
for the more efectual organization and enrolment
ofthe civic guard, or milltla, OF me state; This
<locument commences by declaring that all those
persons who al the sound OF the tocsln OF alarm,
by the proper aurhorltes, shall not present them
selves 10 take arms, shall be considered sus-
Vected persons, and treated and punished such,
as the law or circumstances shall require. II fuI-
Iher declares that foreigners who have entered
the country, shah also form part OF the civic guard
after three months residence therein. They,
well as the citizens, are allowed TO choose in what
arm 10 serve; their uniform and arms to be fur
Hished at their own expense.
1t is decreed that the civic guard shall appear
under arms 10 pass review once very three months
-pamely the first Sundays (he regular parade day)
IN January, April, July, and October respectively,
and IN all cases provided tor by the laws, which
includes the obligatory liability 10 march 10 the
fronueI or into cantonment, IN case OF appre-
hended INVASION; and, in short, TO serve in any
emergency, as militia may be required to do.
After entering mo some details, which are un-
important TO my present purpose, the decree pro-
ceeds prescribe specific penalties for nonconi-
plance with It's require ments. Any member OF
tbe guard who shall not appear at the prescribed
reviews is TO suffer- for the first delinquency, ar
rest and imprisonment-an arrest OF twenty-four
hours; for a second, double that length OF time,
and a very small pecuniary fine; and, for the
third, III addition, he shall suffer the penalty OF
beng Incorporated into the troops OF the line. No
distinction is here made between citizens and
mere foreign residents, who do not enjoy the
nights pertaining 10 that character.
The promul CATION of this decree caused great
excitement among the foreign residents, who are
almost exclusively OF European origin and the
consular representative OF France-the only Eu-
Iopean one here, and under whose protect most
OF the foreign residents from the old world range
ihemselves-protested against Its provisions as
applicable TO them, and, moreover, directed them
States commercial agent, also, who resides at
Puerto Plata, on the north side of the island, took
ground against II and besides sending tor his
deputy here, at the capital, fer list of whatever
American citizens were resident here, he also
sent directions TO hun to protest 10 the government
against the requlsltlone OF the decree, in case an
an intention on the part of the authorities to en-
force il against citizens of the United States,
should be manifested.
The opposition made TO the right of enforcing
this decree against foreign residents, made by the
French iunctonary, had the effect to induce the
President to modify its terms in reference to this
class of the population, which he did IN supple
mental decree, dated the 10Th of March. In this
latter, he states that the same penat cannot be
applied TO foreigners who are required TO enroll
thf msevesln the civic guard as TO the natves,-
aWctonattsinasmuch, as by not being IN the ENJOY
ment OF political rights, (n other words, not being
cltizens.) the former cannot be made to constitute
a part of the permanent army. On this account,
the penalty against them VIII be, for the first and
sec ond delinquencles, arrest and imprisonment IN
the CoRslstonal House-tos drrcstos Ia casa
Conssto-ial-and the small prescribed fines; and
Tor the third: deprivation, or the Withholding of
patents, that is, icence to trade, Nc, and of the
right 10 exercise their profession or industry for
tie space of two years. The foreigners fur
ther allowed by its provisions, to form company
by the mselves, which shall constitute part OF
battalion. And lastly, they are not to be required
10 march 10 the frontier, or other cantonment,
even though occasion should arise for the mobllI-
xation-or calling forth and marchlng--of the
civic guard. But they are required on such occa-
sioi only to take arms IN the place of their resi-
dence, ard place themselves at the service Of the
government for the purpose OF protecting their own
{Or lis, as the peculiar construction OF the Spanish
language allows 1t with equal proprety to be
translated, though the understanding OF its mean
ing by the public here, is IN accordance with the
former construction interests and the public secu-
itv. But whenever any OF this company become
citizens, they are to be trans ferred to other COM
panes Of the civic guard.
have thus gwen a summary of the acquisitions
Of the original decree, in connection with that OF
the subsequent and materially modified explana,
tory one, for the sake OF preserving me hIs.orical
connection OF events and OF Illustrating 'lie course
Of things here, and not for the purpose Of casting
~J;yIn or reproach on this government for an act
which, though fragrant contravention OF personal
rights of fore ign residents, under the law of ma
none, was Yet essentially modified on protest
being made against IT. But even the law now
stands The decree, having all the binding force of
one, there are, conceive, serious objections TO
u on the same ground
# is, take It, well settled, undsputed princl-
pie Of what is called the private law Of nations,
thai the foreign residents OF a country, who have
not acquired the rights and privileges OF citizen
ship, according 10 its laws, while they owe the
same obedience that natives do to the general
municipal local laws: are. however, entirely ex-
empt, of right, from all military service whatever;
and that, in all cases OF public disturbance or
have The indefeasible right to stand neutral and,
IN this character, 10 place themselves under the
tectine folds of their countrys flag at the consul
late or embassy, as the case may be- The decree
eddy, this government has the right to say,
that foreigners resident in the country shall
not be allowed to carry on trade or follow any
other particular calling, unless they viii serve Ia
the militia. This is an act OF sovereignty which,
sucb in the abstract cannot, suppose, be called
IN question, though its exercise is certainly con-
uaTy to the liberal spirit and enlightened practice
OF modern times. Bat TO subject foreigners to
arrest and fine-which latter, no matter how
small, necessarily carries with 1t sanction
the power 10 enforce its payment, either by Inn
prisonment or the seizure and confscaton of pro-
perty under process of law, to satisfy claim TO !
the State, the legality of VIII oh is altogether de-
nied-ls as manifest violation of individual |
right. under the law of nations, il | am right in |
my view of The subject as was the original de- !
cree, though by no means 10 the same objection !
able extent The representative of France is un-
deIs:ood 10 have acquesced IN the terms of the |
suppl, mentaiy decree, and this morning there
was general meeting of the foreign residents |
Ter the purpose of organizing their company by
enrolment and the choosing OF officers. Your
correspondent, Mr.. Herald, of course looked in
on them. Uncle Sam was unre presented, al least