Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-06-21
DEPARTMENT OF STATE,


SIR: In answer to your letter of the 9th instant,
have to inform you that the brief letter from this
Department. to which you refer, dated the 18th of
May last, and addressed TO Felix lie Clere, n
reply TO application for information, and was
principally intended to recommend caution - cur
naturalized fellow citizens, natives Of France, in re-
turning to their country, the operation Of the
French conscripton Law was not precisely known
here, and might bear iBjurOusly upon that class of
American citizens. Most Of the Continental Euro
pean nations have system ofmiiary organization
by which their citizens are compelled 40 serve in
the army, by conscriptiOn as in France where the
duty is designated by lot, by draft in Prussia,
where every person Is required 10 take his turn
soldier. The condition Of the American naturalized
citizens returning TO their native country, where
the system Of compulsory service prevails, AID who
had left before performing such service, has fire.
quenty been the subject Of discussion vita some
eli the European powers. Quite recently it has
arisen between the United States and Prussia ard
the represen alive of this country he of Ber
lin has brought the matter 10 The attention of The
Pruessa government. In the Instructions which
were sent 10 him, dated May j., 1852 it was Cx-
plicitIy stated that this Government is opposed to
the doctrine of perpetual a legiance and maintains
the right of eXpatraton aid the right 10 form new
political ties elsewhere. Upon this subject il is
observed that in this &c of the world the idea of
controlling the citizens in he choice of home aud
binding him by a mere political theory to inhabit
for lifetime country which he constantly de
sirGs to leave, can hardly be entertained by any
government whatever" The position of the Uni-
ted States as communicated to the minister at Bsr-
lin for the information of the PFussian government
IL, that native born Prussians, nsuralIzed in the
United States and returning TO the country Of their
birth, are not liable to any duties penalties ex
cept such as were existing at the period of their en-
igration If at that time they were in the army,
or actually called into it, such emigration natur-
azation do not exempt them from he legal penal
ty which they incurred by their deserlion but this
penalty may be enforced against them whenever
they shall voluntarily place themselves within the
local Jurisdiction of their paiVe country, and shall
be proceeded against according to law. But when
no present liabilities exist against them, ct the pc
riod Of their emigration the law Of nations in the
opinion of this Government, gives right to any
country to interfere with natnralized American
citizens, and the attempt to do would be consid-
cred an act unjust in itself and uufrendly towards
the United States. This question cannot of course
arise in the case Of naturaliEed citizen who re.
mains in the United States 1t is only when he vol
UNFAIRLY returns to his native country that its 10
cal laws can be enforced against him.
l am, sir, your obedient servant,
LEWIS CASs.
To "A. V. HOFER, Esq, Cincinnati, Ohio.