The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-08-03

There are not many cases on record, but
what few we find are uniform and clear.
One Alberti, a Frenchman, naturalized
here, went back and was arrested for an
otfense against the military law, which
none except a French subject, could COM
nit; but he was discharged when his ma
tional character as an American citizen was
shown.
Mr.. Amther, native of Bavaria, after
being. naturalized in America, and living
here for many years, determined upon re-
turning to his native country and resum-
ing his original political status The Ba-
varian Government, so far from ignoring
hls naturalization, expressed a doubt
whether he could be re-adopted there. But
the most decisive fact which history re-
cords is the course Of the British and
American Governments during the war of
1912. The Prince Regent proclaimed it
as his determination that every native
| born subject of the British Crown taken
| prisoner while serving in the American
| ranks should be tried and executed as q
| traitor to his lawful sovereign.
This was undoubtedly right according
to the common law doctrine. The King
of England had not given his assent to
the expatriation of those people. If the
Prince Regent had a right to arrest nat
uralized Englishmen, Scotchmen, or Irish
men in Canada las the King of Hano-
yer, arrested Mr.. Ernst in his dominions,l
and compel them to fight for him, he GER
tainly had right to hang them for fight
ing againat him. But Mr. Madison de-
MED the whole doctrine and all its conse-
| quences. He Immediately issued coun-
ter proclamation declaring that if any
! naturalized citizen Of the United States
should be put to death on the pretense
that he was still British subject, two
English prisoners should suffer in like
manner byway of retaliation. The Prince
| regents proclamation was never enforced
IN single instance. A principle which
our Government successfully resisted un-
der such circumstances will scarcely be
! submitted to now.
The application of these principles to
any naturalized citizen who returns to his
native country is simple and easy enough.
lie Is liable, like anybody else, to be ar
rested Tor debt or a crime, but he cannot
rlghttully be punished for the non-per-
iormance OF duty which is supposed to
grow out OF that allegiance which he has
abJured and renounced. If he was de-
serter from the army he may be punished
when he goes back, because desertion is a
|
actually IN the army at the time of his
emigration, but merely liable, like other
members of the State, to be called on for
share of military duty which he did not
perform, because he left the country be-
fore the time for its performance came
around. he cannot justly be molested.
Any arrest or detention of him on that
account ought to be regarded as a grave
Oitense to his adopted country.
What acts are necessary to make him
part of the army? What constitutes the
crime of military desertion? Whether a
person drafted, conscrbed or notified, but
not actually serving, may be called a de-
serter, if he fails to report himself? These
are questions which need not be discussed
until they arise.
But it may be said that the Government
r of Hanover has right to make her own
laws and execute them in her own way.
: This is strictly true of all laws which are
2 intended to intorce the obligations and
punish the offenses of her own people.
5 But law which operates on the inter.
| ests and rights of other States or peoples
4 must be made and executed according to
the law of nations. A sovereign who
: tramples uron the law of the world can
/ not excuse himself by pointing to a pro
5 vision in his own municipal code. The
: municipal code of each country is th'
: offspring Of its own sovereign's will, anC
e public law must be paramount to loca
law in every question where local laws ar
: in conflict. If Hanover would make
4 legislative decree forbidding her peopl
= TO emigrate or expatriate themselves upo,
a pain of death, that would take away tn
= right of eXpatriation, and any attempt I
: execute such law upon one who has Al
e ready became an American citizen woul
and OUGHT to be met by very prompt re
. clamation.
= Hanover probably has some municio,
A regulation of her own by which the right :
e eXpatriation is denied to those of hon re,
= pie who fail 10 comply with certain cor
ditions. Assuming that such a regul,
: ton existed in 1851, and assuming ais
e that it was violated by Mr.. Ernst when h
! came away, the question will then aris
o whether the unlawfulness of his emiprr
e ton makes his act of naturalization voic
i as against the King of Hanover. | ar
e swer no; certainly not. He is an Amer
! can citizen by our law. If he violate
1 the law OF Hanover which forbade bir
: TO transfer his allegiance to us. then IN
o laws of the two countries are in conflic
/ and the law of nations steps in to decid
the question upon principles and rules {
/ its own.
I BY the public law of the world we hay
a the undoubted right to naturalize a fo,
e eigner, whether his natural sovereign cor
e sented to his emigration or not In m
/ opinion the Hanoverian Government car
l, not justify the arrest of Mr.. Ernst h
l. showing that he emigrated contrary TO tn
e laws OF that country, unless it can also h
n proved that the original right of exp,
Ii triation depends on the consent of n
e natural sovereign. This last proposition
' am sure no man can establish.