The Nevada journal., 1859-07-29
General C 'ss' Explanatory Letter.
DtPARTMkNT OF STATE.
IN u.c,,xcroN Tr,o - 1SEr

SIR In answer to your tier # the
9th inst, / have to inform yon that tn.
brief letter from this Department to
which you refer. dated The i7tb of Nav
last. and addressed =" Mr.. Frliy Leclerc,
was in reply to an application for in;nor>
natin. and was principally Intended TO
recommend cau'ion to our ra,uralized
felIow-citizcns, natives If France. in re-
turning to thatcountrv, as Tie operations
of the French c"sscripfion law were not
precisely known hrse, and might hear
iniurinusly upm that class of American
kritizrus Most OF the Contlunntai Eu-
| rnpean naiius hare system If military
Organization hv whicl, their ctizens are
cnmpchrd to sc,re IL the army l,v con-
scri hion, as j., FfHnce. where the dury
i, designated hy lot. or by draft, as in
Prussia, where every person is required
to take his turn as suldier
The % di'ion Of Anne ica q alizpd
citizens rrturning =" iheir native country
where the SvStamaf compulsory service
prevails. and VINO had left before per
forming such service. has ffeqnsutly
been the subject # discussion with some
ofthe European Powers. Quite recen'-
" it has arisen between tn. United
States and Prussia. and the rrpreSei Ia
tive Of this country at the G u't of Ber-
lin has brought the matter to the atten-
ton of the Prns,ian Government. In
the Instructions which were sent to him,
dated Nav 12. 1859. it was explicitly
stated that this G"vernme # is opposed
ia the Il ,ct. inc Il perpetual Allegiance,
aud maint:iins iie right of expa,ria'i"n
and the right to form ew political ties
elsewhere. Up'n this subject it is obs
served, that in this age cf the world the
idea of controlling the citizen in the
choice of HON. aud binding him by a
mere political theory to inhabit for his
lifetime county which he constantly
desires to leave can hardly be entertain
ed by any government whatever.
The position of the United States as
communicated to the Minister at Berlin
fnr the Information IF the Prus,ian Gov
; r,rmer,t. is th4t native horn Pruss ans
naturallzrd in the United Slafe> and re-
turning to the country of their birth. are
not liable to any duties or penalties, ex'
cept such as were existing at the perioc
of their emigration If at that time
they were in the army or actually called
into it, such emigration and naturaliza'
ton do not exempt them from the lega
penalty which they incurred by thei
deseriion, but this penalty may be Ell
forced against tnem wherever they shal
voluntarily place themselves within 'h'
local uishic,i"n of their native country
and shall be proceeded against accord
ing law. Bat whey no prescott liabi!.
tiles eAi against then at rhe period I"
their emigration the law of nalions. in
the opini,.a of this G"'ernmeut, gives u'
right t" any country to interfere WI h na
tura lizrh American ca:Zths, and the al
tempt tn du 81 wruft hc considered al
act unjust in Itself and unfri"ndly tt"
wards The United Sta'es. This ques-
tion cannn; IF course arise i'll the case oi
naturalized citizen who remains in I'll,
United States. 1t is only when he vol
UNFAIRLY returns I" hi, native c"uatry
that It's lncal laws cai, tr e. t ced agalns
him. ..-....
am, sir, your ID, g, seward,
Law N>>s.
To A V. Hofer, Esq Cincinnati
Ohio.