The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-07-21

abroad under the burden Of q duty which be
owes TO his Government
His departure 10 Of the nature OF an escape
from her laws; and, II, st any subsequent pc.
Rod. he IL indiscreet enough 70 return 10 his
native country, be cannot Complain IL these
laws are executed to his disadvantage. His
case resembles that Of . soldier or sailor enlist.
ed by c0hscripti0n or other compulsory pro.
cess in the army or navy. II be should desert
the service Of his country and thereby render
himself amensble to military law, no one would
expect that he could return TO his native land
and bid defiance TO its laws, because, In the
meantime. he might have become nataralized
citizen Of Q foreign State.
For these reasons, and without entering into
the discussion Of the question Of perpetual allie
glance, the President (FiIlmore) 10 Of opinion
that, II subject Of Prussia lying under . legal
obligation In that country 70 perform . certain
amount OF military duty, leaves his native land,
and, without performing that duty or obtaining
the prescribed Certificate OF Emigration"
comes 10 the United States and Ia nataralized,
aud Afterwards, for any purpose whatever,
goes back to Prussia, it In not competent for
the United states to protect him from the ope-
ration OF the Prnss!an laws. The case may be
one OF great hardship, especially II the onis.
soa TO procure the certificate arose from mad.
yertance or ignorance but this fart. though a
just ground for sympathy. does not alter the case
a. one cJ infond iona io,r.
And nearly quarter ola century ago, the
administration entertained the same views.
With this concurrent mass OF testimony in
his favor, it is with some dfiideuce that We
undertake to show that the position occupied
by General Cas- Is totally and entirely
untenable. And first, in glancing at the
reason with which it is fortified by it's de-
tenders, we find the leading and strongest
argument to be, that the municipal laws Of
the United States coniers naturalization
upon citizens Of foreign Governments, and in
consideration Of their torswearing all allegi.
ance TO foreign powers or potentates, under
takes TO protect them. On the other hand
the municipal law OF Prussia I've no not I'M
dertake to quote it correctly, but merely use
!. as an example) claims for the Govern
ment, services from oil citizens OF the coun.
try, aud provides that at certain age they
shall enter the army and serve for specific
time. A citizen Of Prussia, then, leaving
his country before the period at which his
services are to begin, and becoming natu.
rallied citizen of the United States, upon
his voluntary return to the country Of his
birth, is not entitled to the protection of
this Government for the reason that his ma
turalization is but gift of the municipal
law Of this country, which extends not be-
yond its limits, cannot be enforced in Prus-
s'a, aud be, voluntarily coming on Prusslan
soil. becomes again subject to the municipal
law of that country, which there, Of neces.
sity. is paramount 10 our own. Now, such
an argumen, is plausible in appearance, and
TO some extent il correct. The municipal
law Of the United States, il is true, cannot
be enforced beyond its own limits; the mu-
nicipal law Of Prussia can be enforced
within its own limits. But here is conflict
seemingly, between the municipal law of
Prussia and the municipal law OF the United
States, relative to the rights of person
claimed TO be citizen Of the latter, or, it
may be said, claimed to be citizen of both.
And is there no higher law to which
an appeal can be had in cases Of such appa.
rent conflicts between the municipal laws
of nations' :" 1t being impossible" says
Mr.. Justice BLACKSTONE. =" for the whole
race Of mankind to be united in one great
society. they must divide into many and
form separate states, commonwealths, and
nations. Hence arises third kind OF law
TO regulate this mutual intercourse. called
the law Of nations, which as none of these
States will acknowledge a superiority in the
other, cannot be dictated by any. but depends
entirely upon The 'ules Of natural Idr or
upon mutual cemracts, treaties, leagues and
agreements between these several commuui.
ties ~ The construction Of ,rh,eh oompGets
rc hare no Other rue 10 resort 10 but the ilr
Of nature. beng The only one 10 ,riith al tie
communities are Wb,tct; and therefore the
civil law very justly observes that q,soi
natural, ratio inter omnss homues ooastitui,
rotatur Jus gentium." The fallacy Of the
argument used by the defenders Of the WEE.
srxx.CAss theory, lies in the fact, tina, they
deduce from no higher source than our
naturalization laws, the right OF our adopt.
Ell citizens TO claim the protection Of this
Government. and the right OF the Govern
ment TO afford such protection. And 10 this
is evidently great error. For upon what
do our naturalization laws depend, or upon
what authority does our Government under.
take TO enact them, save upon the grea,
principle ever entertained both before and
since the adoption Of our constitution, and
admitted by that instrument, itself. that ersry
nan IN every country has he inherent aud
l..