, 1859-08-19
OLYMPIA WASHINGTON TERRITORY FRIDAY AUGUST 49, 1885,

of every Independent sovereignty, to natu.
ralize foreigners and to confer upon them
the privileges Of their acquired domcIe
but, as these privileges result entirely from
the municipal law by which they are de-
fined and guaranteed, it is equally obvious
that they are commensurate only with the
legitimate Jurisdiction Of that law. To
claim more is to claim for American law
an extra-territorial force, which, as has
been already said, Is in contravention alike
of reason and Of thG principles which are
fundamental to the law Of nations. The
protection which this country affords to
the naturalized citizen cannot be properly
extended to defend him against the munich
pal regulations prescribed by his own coun-
try, and which, on his voluntary return, re-
vive in all their obligation upon him, il it
be the will and pleasure Of his native coun-
try to enforce them. Our municipal law
cannot avail to nullify the municipal law
OF other sovereignties. Such was the prin-
ciples announced by Mr.. Marcy in the case
of Tousig, an Austrian subject, who, after
declaring his intention to become a citizen
of the United States, voluntarily returned
to his native country, and sought to shield
himself from the obligations enjoined by
Austrian law. Though his case did not
call for full enunciation of the docttine
applicable to the subject, in all its length
and breadth, (as Tousig was not q fully
naturalized citizen,) Mr.. Marcy chose to
define the principle appropriate to the &C.
casion in all its generality From his
State Paper Of that date we quote as fol-
lows:
Tousig voluntarily returned to Austria,
and placed himself within the reach of her
municipal laws. He went by his free act
under their jurisdiction, and thereby sub
jected himself to them. If be bad incurred
penalties or assumed duties aChile under these
laos, he might hare erpecled they leOuLd be en-
forced agaiRst him, and should have known
that the new political relation be had ac-
quired, If, indeed, he had acquired any,
could not operate as release from these
penalties. Having been once subject to
the municipal laws Of Austria, and while
under her Jurisdiction violated these laws,
his withdrawal from that jurisdiction and
acquiring different national character
woHld not exempt him from their opera
ton whenever be again chose to place him
self under them. Every nation, whenever
its laws are violated by any Que owing
obedience to them, whether he be citizen
or a stranger, has q right to inaict the
penalties incurred upon the transgressor,
if found within its Jurisdiction. The case
is not altered by the character of the laws,
unless they are in derogation Of the we'll
established international code. No nation
has q right to supervise the municipal code
Of another nation, or claim that its citizens
or subjects shall be exempted from the
operation Of such code, II they have volun-
tarily placed themselves under it. The
character of the municipal laws Of one
country does not furnish just ground for
other States to interfere with the execu-
tion Of these laws, even upon their own citi-
zens, when they have gone into that coun-
try and subjected themselves to its jurisdic-
tion"
In like manner, and at an earlier day,
Mr.. Wheaton, while our Minister at the
Court of Berlin, was called to pronounce
bis opinion upon the very point recently
submitted 10 Mr. Secretary Cass. In the
year 1910, one j. P. KnOcke, q natural.
born subject Of Prussia, but a fully natu-
rallied citizen of the United States, volnn-
tarily returned to his native country, where
be was called to perform military duty
Invoking the Intervention Of the American
Minister, be received the following re-
sponse
Had you remained in the United States
or visited any other foreign country lex
cept PrusSia) on your lawful business, you
would have been protected BY the Ameri-
eau authorities, at home and abroad, in
the enjoyment Of all your rights and priyi-
leges as a naturalized citizen of the United
States. But having returned TO the couu-
try Of your birth, your nalive dimieiIe and
national character repyt, $50 long as you
remain in the Prussian dominions, and you
are bound, in all respects, to obey the laws
exactly as if you had never emigrated.'
We may add that several Of the Euro
pean States have provided by law for the
exPatriation Of their subjects or citizess,
and without the consent of the civil au-
'"Ni " buCu eApdLIlabOu 10 uuihitttu
to be valid. In the case Of subjects who
have been formally and legally absolved
form the Obligations Of their native civil
allegiance, it is a question how far those
obligations would DO held to revert in the
case OF voluntary return TO their native
country after the assumption Of another
nationality
The following official exposition Of the
views of the Government has been written
since the brief letter to LIE CLERc, and will
serve to explain its meaning
DEPARTMENT OF STATE,
Washington, June IA, 1859
Sm:-In answer to your letter of the
9th inst, have to inform you that the
brief letter from this Department, to which
your refer, dated the 18th Of May last, and
addressed to Mr. Felix lie Clerc, was il
reply to an application for information
and was principally intended to recommend