The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1859-07-01

Hence il will be seen that the pre,enson oi
those who protest against the -rcrnf announce
ment OF Mr.. CIss, inv lgeS, 10 fact, ibe
worst features ol The very doctrine which was
made ground Of complaint against Great
Britain in the controversy wagrd IN the as
snmed right OF lmpreSsment. As the British
! Government claimed force and effect for Br'iish .
( law on the high seas, and tn sought 10 eSt1a-
( lish an pxtra-terrhorial authority for the stat 4
utes OF the British Legislature, 50 IN like raan-
ner these complaints demand recognition lof
American municipal law within the lursdic- /
ton Of ioIrign States, and thai too, when cur (
municipal law cOntravenes the municipal law
Of those States. We have bat 10 slate the proPo-
sition 10 order to show It's groundlpssnrss ~
the light Of reason. as wrIi as its paIpabe oP-
position 10 the first principles winch lie at tbe
basis Of international law. That law assumes
as the condition Of its existence and a. the
guarantee oil lis Observance, the equality OF all
civilized common weaIths and no member OF
the international community IS entitled To claim
for lis enactmenls respect which virtually
supersedes the authority OF other States ~ the
same premises.
Ia the case under consideration L is obsi-
ousy the RIGHT OF the United States, as Of every
independent sovereignty, TO naiuraze foreign
ers and 10 conf-r upon them the privileges OF
their acquired domicjie but, as these prIvl-
lrges result entirely from the municipal llw b'
which they are defined and guaranteed, It IS
r equally obvious that they are commensurate
only with the legitimate jurisdiction OF that
; law. To claim more Is to clam t0g American
I law an rxtra-territOrial force, which, has
been already said, is in contravenilon alike OF
reason and ofthe principles which are iunda-
q. F.,p
which this country affords 10 the naturalized
citizens cannot be property extended to detend
g him against the municipal regulations pre-
5 scrlbed by his country, and which, on his
I voluntary return, revive III all their obligation
. upon him, if it be the Will and prasu-e OF has
native country to enforce them. Oar munci-
= pal law cannot avail - nu!hty the municipal
t law of other soyereigntips. Such was the
# principle announced ty Mr.. Marcy IN the case
: of Tousig, an Austrian subject, who, after de-
caring his intention to become a clIzra ot the
United States, voluntarily returned 70 his native
$ country, and sought to shield himself from tn"
9 obligations eni1iaed by Austrian iaw. Though
5 his case did not call for a full euunc!ation OF
: the doctrine applicable tothe subject, IN all its
length and breadth. las TousIg vas not fully
: naturalized cltizrn,) MIR. Marcy chose to defas
Il the principle appropriate to the occasion IN all
y its generality. From his State Paper Of that
ii date we quote as follows
= "Tousig voluntarily returned to Austria
and placed himself within the reach Of her
municipal laws. He went by his free ac
II under their jurisdiction, and thereby subjected
~ himself to them. II he had incurred penaie:
e or assumed duties lchiLe under these lawS, h
u might haUe expected they ,rould be ento'csc
against him. and should have known that tn,
- new political relation he had acquired, II, 10
a. deed, he had acquired any, could not opsTat
d az release from these penalties. HavIn;
D. been once subject 10 the municipal laws o
, Austria, and while under her jurisdiction
4 violated thyse la'Hs, has withdrawal from tha
Jurisdiction aud acqnrlng al different uali0rEa
st character would not exempt him from theI
s operaiion whenever he again chose 10 Piac
,e himself under them. Every natoa, whenever 1t
n laws are violated by any one owing obedienc
10 them, whether he be Citizen or a stranger
% has right TO innict The penalties incurre
D unon the trausgrrssor, if i0und within it
Id jurisdiction. The case IS not altered by th'
=, character OF the laws, unless they in deroca
~. ton of the wrll-established international code
No nation has a right 10 supervise the uunicipa
code of another nation, or claim that It's citizen
or subjects shall be exempted from the opera
ig ton OF such code, If they have vountaril
rs placed themselves under it, The character q
IN the municipal laws OF one country does no
a furnish Just ground for other States 10 nerteI
Of with the execution Of these laws, even upo
" their own citizens, when they have gone int
a that country and subjected themselves to II
a jurisdiction"
Ir. In like manner, and at an earlier day, MI
n Wheaton, while our Minister at the Court {
&C Ber!iH, was catlrd to pronounce his oPInoi
I'D upon the very point recently submitted to Nj
-y Secretary Cas-. In the year 1910, one J.
sc Knocke, a natura-born subject OF Prussia, bt
fully na:uralized citizen OF the United States
p voluntarily returned 10 his native country
of where he was called to perform military duty
BY Invoking The Intervention OF the America
o. Minister, he received the following response
a ssliad you remained in the United States {
as visited any other foreign country except Pru:
ed sia) on yoGr lawful business, you would hav
ed been protected by the American authorities, a
n home and abroad, in the enjoyment OF all you
re rights and privileges as naturaiized cltizeu {
as the United States. But having returned to th
ne country OF your birth, your natars domic'
ed and aationaL character reUerf, $50 long as yo
e. remain in the Prussian dominion, AID you al
ne bound, in all respects, TO obey the laws eXactl
he as if you had never rmigrated."
Isl We may add that several of the Europea
is States have provided by law for the exPatri;
ur ton OF their subjects or citizens, and withot
le the consent Of the civil authorities no such ex
e. pa,riation is admitted to be valid. In the cas
n of subjects who have been formally and legal
of absoived from the obligations OF their natis
he civil allegiance, it is a question how far thos
n obligations would be held to revert in the cas-