The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-07-20

eAlslIng AZ tue time oil emigration, are Such IS
result from mere liability to service, in the army,
no Prussian can safely become citizen Of the
United States, unless he emigrated from Prus-
sia after sixty years Of age. But General Cass
evidently does not so intend; the "duties" Of
which he speaks are those of actual service, al
ready commenced, before emigration; and the
penalties are those which attach TO the deser-
ton of soldier, while actually in service. or
under arms. His language is:
"lt at that time they were in the army or ac-
tuslly called into it, such emigration aud natu-
ralization do not exempt them from the legal
penalty which they incurred by their deser-
ton" -
Now that term desertion' is only applicable
to soldier in actual service, under arms, who
abandons his colors without leave. 1t does not
even apply to man who sbandons his country
in order to avoid becoming soldier.
The same distinction evists in our State as
we'll as elsewhere. The Constitution of Ohio,
article ninth, section first declares:
"Al white male citizens, resident of this
State, being eighteen years of age, and under
the age of forty five, shall be enrolled in the
militia, and perform military duties in such
manner not incompatible with the Constitution
and laws of the United States, as may be pre-
scrbed by law"
The Constitution Of the United States, az
ticle second, eighth section, authorizes Con-
gress: .a.
"To provide for calling forth the militia to
execute the laws of the Union, suppress insur-
rectionS and repel invasons:
"To provide for organizing, srming and dis
cplining the militia, and for governing such part
Of them as may be employed in the service Of the
United Stltes reserving to the States respective
ly, the appointment of the officers and the au-
thority of training the militia according to the
discipline prescribed by Congress"
Clearly, therefore, each male citizen Of Ohio,
between the ages Of eighteen and forty-fve
years, is liable to perform military duty, and is
to be enrolled for that purpose. But until ac-
tually called forth in pursuance of law, and
mustered into actual service, he is not soldier
o the United States-is not subject to the Pres
dent of the United States as Commander-in-
chief of the army, and cannot be tried by
court marshal for any offense against the Uni
ted States, whether it be deSertion, or disobe-
dience, or something else.
The fourth amendment of the Federal Con-
stituton secures this:
"No person shall be held to answer for cap
tal or other infamous crime, unless on pre-
sentiment or indictment OF Grand Jury except
in cases arising in the land or naval forces, or
in the militia, aohe,, IN actual servoe in time of
war or public danger
There is distinction, wide and manifest, be-
tween liability to service and actual service-a
distinction which, as I think, General CaSs
meant to observe. If a native of Prussia, for
instance, should leave that country ls1ween
the ages of eighteen and thirty, without having
served in the army, or before the age Of eigh
teen, no military service can be exacted from
him by the Government of Prussia after his nat
uralization here: but if he had actually begun
his service in the army, and afterwards desert
ed, before the period OF three years had expi-
red, naturalization will not relieve him from
the penalties Of such desertion Those PEN
altieS may, under the law of Prussia, consist Of
military service, or fine or imprisonment; but
they are the penalties of an ofensc committed
before naturalization, and not the acknow'edg-
ment Of any allegience or fidelity WHATSOEVER
understand this to be what Gen. Cass means;
and it is in accordance with the language of
Governor Marcy (while Secretary Of state) in
the case Of Taussig.
Having been once a subject o the municipal
laws of Austria, and while under her jurisdic-
ton violated these laws, his withdrawal from
that jurisdiction and acquiring different ma
tionality. would not exempt him from their OPP
efatlOn whenever ne again cDOSe 10 place UlIu-
self under them. Every nation, whenever its
laws are violated by any one owing obeidance to
them, whether he be a citizen or q stranger,
has right to inhict the penalties incurred up
on the transgressor, if found within its jurisdc
tion. The case is net altered by the character
Of the laws, unless they are in derogation Of the
wellsestablished international ccde. No nation
has right to supervise the municipal code OF
another nation, or claim that its citizens or sub
jects shall be exempted from the operation Of
such code, if they have voluntarily placed
themselves under it. The character Of the mu
nicipal laws of one country does not furnish
Just ground for other States to interfere with
the execution of these laws. even upon their
own citizens, when they have gone into that
country and subjected themselves to its juris-
dction f Hea
1t is not because naturalized citizen of the
United States, who returns to the place of his
nativity, in pursuit of business or pleasure will
thereby lose his citizenship or national charac-
ter; but because even a native born citizen who
should enlist in foreign army, and then desert,
would subject himself to all the penalties Of
desertion whenever he returned to the domin-
iod Of the sovereignty against which he thus
offended. Our Government could no more in
terpose in the one case than in the other
l am, sir, very respectfully, your obedient SER
want, .. ...r g. E. PUdH.
A. Y. Hoer, Esq.