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

Mr.. GEoRGE PEABODY, formerly citizen OF
this country, TO have been naturalized in
England, and coming to this country during
a war, to be drafted in the army. England
makes demand upon our government for
him. What must consistency oblige our
government to answer: Why. tina,
this country acknowledges the univer-
sal right Of man to expatriate himself" Mr..
PEABODY having exercised that right, and
become invested with the citizenship Of
British subject, this government could have
no further claim upon him, and his dis
charge would Of necessity follow. Such
would be the result; and can this govern
ment deny TO its own citizens, rights that it
yields to citizens Of all other countries :
The difficulty seems to be that our govern
ment derives its right TO protect its natur'
allied citizens altogether from its naturali.
zation laws, whereas it can only derive its
duty to protect them from these laws; its
right being based upon the same foundation
as that upon which the laws themselves
rest-the universal right Of man to expatri-
ate himself. And Mr.. EVERETT is wrong in
likening the case Of the Prussian subject, in
the letter quoted above, to THAT OF SOL
der or sailor enlisted by CONSUMPTION or other
compulsory process, in the army or navy.
II be should desert the service Of his country
and thereby render himself amenable to mil.
itary law, no one could expect that he could
return to his native land and bid defiance to
the laws, because in the mean time be might
have become q naturalized citizen Of q for
eign State" For here it will be noticed
that Mr.. EVERETT speaks OF an actual de-
serti0n from the ranks; whereas the law
Of nations and Of natural reason and nat
ural law, will protect any nation 10 the ex-
ecution, within its own limits, of its laws
against deserters. But where the dis
charge Of the obligation, if there be one,
has not commenced-where there has been
no enlistment-the case presents features
Of an entirely different character. BY way
Of concluding this already lengthy article,
we will sum up as follows The United
States proclaim the universal natural right
Of man to expstriate himself at pleasure.
save when in the actual service OF his Gov.
eminent. This right being universal and
inherent, cannot BE- controlled by municipal
law, but must be guaranteed by the law Of
nations, which, in the language Of WEBSTER,
is part Of the universal law" The UDited
States, in conformity with this inherent
right and universal law, have enacted nat.
uralzation laws, and, inviting foreigners to
become citizens, engages to protect them in
consideration that they iorswear allegiance
to all other powers. Having thus invested
them with citizenship, it is its duty to af-
ford to them, in all parts Of the globe, the
same protection as to native citizens. And
whenever the municipal law Of any country
conflicts with this universal right guaran.
teed by universal law, the latter is of ne.
cessity the superior and must prevail. Con-
sequently, in the case cited above, the mu.
ncipal law Of Prussia must yield to the
universal law and this Government is bound
TO afford nsturalized citizen of Prussan
birth, on his return thither, voluntarily or
otherwise, the same protection that native
citizen would have a right to expect. And
that such will, before long, be the estab,
lished practice of our Government, we firm.
ly believe.
Since the above article was written
we notice that the Administration has ad.
vanced, in the right direction, beyond the
views expressed in the Cas- HorKR letter.
This advance step is taken in dispatch re-
Gently sent by Gen. CAss to our Minister at
Berlin. The case treated of in the dispatch
is that OF naturalized citizen of the United
States. who is native Of Hanover, and
who, when he lett his native country, was
neither in actual service in the Hanoyerian
army, nor had been drafted to serve in it,
but who has yet, on his return to Hanover,
been deprived Of his liberty and compelled
to perform military service. The President
and Cabinet concur in the views expressed,
taking the ground that the moment for
eigner becomes naturali1ed bis allegiance to |
his native country is severed. He is no
more responsible for anything he may say
or do, or omit to say or do. after assuming
his new character, than il he had been born
in the United States. Should be return TO |
his native country be returns as an Ameri.
can citizen. and 10 no other character. In |
order to entitle his original government to |
punish him for an offence. this must have |