The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-07-28


have treaties with several nations, securing
exemption to American citizens, when re-
siding abroad, from some OF the onerou5
duties required from their own subjects.
Where no such treaty exists, and an Amer
lean citizen has committed crime or in
CURED penalty for violating any municipal
law whatever OF the country Of his tempo
rary residence, he is just az liable to be tried
and punished for his offence a. though he
had resided in il from the day Of his birth.
II this has not been done before his depar-
ture, aud be should voluntarily return under
the same jurisdiction, he may be tried and
punished Tor the offence upon principles Of
universal law Under such circumstances,
no person would think Of contending that
an intermediate residence In his own country
for years would deprive the government
whose laws he bad violated, Of the power TO
enforce the execution. The very same prin-
ciple, and no other, is applicable TO the case
Of q natnral1od citizen, should he choose to
return to his native country. ln that case,
il he had committed an offence against the
law before his departure, he is responsible
Tor IL IN the same manner as the native
American citizen to whom have referred.
Ia the language Of the late Mr.. Marcy,
in his letter OF the 10th Of January, 1884, to
Mr.. jackson, then our Charge d Ailaires to
Vienna, when speaking Of Touoigs case,
every nation, whenever its laws are vio
lated by any one owing obedience TO them,
whether he he u citizen or stranger. ha. "A
right to ini!lct the penalties incurred upon
the transgressor, il found within il jnrisdic-
ton This principle IL too well established
10 admit OF serious controversy. II one OF
our native or naturaIzed citizens were TO
expose himself to punishment by the com
mission Of an oil,nse against any Of our
laws State or National, and aitewa.d bc,
come n na,uralzed subject Of u foreign
country, he would not have the hardihood
to contend, upon voluntarily returning with
in our jurisdiction that his naturalization
relieved him IRON the punishment due to his
crime much less could he appeal to the
government Of his adopted country 10 pro
tect him against his responsibility 10 the
United States or any Of the States. This
Government would not for a moment listen
to such an appeal.
While these principles cannot be con.
tested. great care should be taken in their
application. especially TO our naturalized
citizens. The moment foreigner becomes
naturalized, his allegiance to his native
country is severed forever. He experienced
new political birth. A Broad aud mpas.
sable line separates him from his native
country. lie is no more responsible for
anything be 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 he return 10 his native
country, he returns ~ nm American citizen,
aud in no other character. In order To
cn,l,le his original government TO punish
him for an offence, this must have been com.
mitted while he was n subject and owed
allegiance TO That government, The offence
must have been complete before bis cxpa.
iriation. II must have been Of such n
character that he might have been tried
and punished for il at the moment Of his
departure. A future liability TO serve in
the army will not be sufficient because
before the time tan arrive for such service,
he has changed his allegiance, and has be
come citizen oi the United States. II
would he quite absurd 10 contend that a
boy brought 10 this country from a foreign
country with his fathers family when but
twelve years OF age and na,uraikod here
who should afterwards visit the country OF
his birth When be- had become man might
then Ice sized and compelled to perform
military service. because, II he had remained
there throughout the intervening years. aud
bis life had been spared, he would have
been bound 10 perform military service.
TO submit to such " principle would bc to
make an odiouS distinction between our ua.
turall1ed and native citizens. For this RIA
SOP, IN my dispatch to you Of May t., lsj9.
mud again IN my letter TO Mr. lioicr OF the
llth ultmo, couiinc the foreign iuris,llc
ton IN regard To our natural.2rl cltlzeus tn
such at th,m rs were ~ the army OF ac.
lnaily called into 1t al the time they Icl
Prussia. That Is, 10 the case Of actual
dcsortion or refusal toeuter the army after
having b,,u regularly drafted aui called
into II 10y tho government 10 which az the
time they owed allegiance. 1t is presumed
that utthcr ol these cas,s presents
any difficulty IN point OF principle II u
soldier or sailor were 10 desert from our
army OF navy. TOT which offence he is liable
90 "a severe punishment aud alter having
become a naturaiIzyd subject of another
country. should return 10 the United States.
Il would bc singular defence Tor him to
maxi alter It's commission, lac had become
subject at another government II would
hr sal more strange were that government
10 iu'crl0-e in his h,hali Tor any such rca.
~nu. Again during the las, war with rr,at
Britain, 10 several oi the States might
mention Pennsylvania M particular the
militia mau Who was drafted AMI called INTO
the service was rNp'>,d 10 sever penalty
II he did not otvy the dram and muster him
sill iuto the Scrvlc,, or. IA default thereof
prucurv u substitute. Snppose such an IN
dlylduaL after having incurred this penalty
had gone to u foreign country and hccom,
ua,uralllcd there and then returned to Fem
sylsauIa, i i, posSi lc 10 imagine that for
tn, reason the arm OF the Stale auAorliits