The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-07-06
DEPARTMENT OF STA7
WASHINGTON, June IA, 1859.


! Ssr:--In answer to- your letter Of the
9Th inst, have to inform you that the :
brief letter from this Department to
which you refer, dated the I7th of May =
last, and addressed to Mr.. Felix, Lee,
lere, was application for information and
was principally intended to recommend -.
caution to our naturalized citizens, ma
tives of France in returning to that
country, as the operations of the French
CONSUMPTION law were not precisely known
here, and might bear injuriously uponlt
that class of American citizens. Most
of the Continental European nations have
q system of military organization by =
which their citizens are compelled to-
serve il the army by conscription, as in
France, where the duty is designated by 4
lot orby draft, as in Prussia, where ev-
person is required to take his turn as b
soldier. .A.r.-.,f,sEf g,T.f
The condition of American naturally
ed citizens returning to their native i
country where the system of compulsory G
service prevails, and who had left before
performing such service, has frequently
been the subject of discussion with some I
Of the European Powers. Quite recent s
ly it has arrisen between the United
States and Prussia, and the representa-
tive ofthis country at the Court of, Berf
lin has brought the matter to the I, atten-,
tion of the Prussan government. In;q
the Instructions which were sent to him
dated May II, 1858, it was explicitly.
stated that this government is opposed
to the doctrine of perpetual allegiance
and maintains the right ofexpatriation
and the right to form new political Ties
elsewhere. Upon this subject it is OBJ
served, that in this age of the world lthel |
ide. of cont rolling the citizen in the
choice of a home and binding him BY .
max POLITICAL theory to inhabit for his
lifetime country which he constantly
desires to leave, can hardly be entertain- !
ed by any government whatever.
The position of the United States. AS
communicated to the Minister at Berlin
for the information of the, Prussiani gov
ernment, is that native born. Prnssiapsr
lnaturalized in the United States and re-
turning to the country of their birth are,
not liable to any duties or penalties ex--,
cept as were existing at the5peried EofS
their emigration. If at that time they
were in the army or actually called into
it, such emigration aud naturalization do
not exempt them from the legal penalty
which they incurred by their desertion,
but this penalty may be enforced against
them whenever they shall voluntarily place
) themselves within the local Jurisdiction Of
; their native country and shall be proceeded
f against according gsto law. But when no
i, present liabilities exist against them at the
: period of their emigration the law of ma
tions in the opinion of the government,
gives no right to any country to inter-
fere with the naturalized American citi.
, zen, and the attempt to do so would be
considered an act unjust in itself and nm
e friendly towards the United States. It
, is only when he. voluntarily returns to bis
native country that its local laws can be
enforced against him. I am, sir, your
e obedient servant LEWIS CASS.e