Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1859-06-28
From the NY Express.
Obligations ofNaturalized Citizens TO
the Country of their Birth-A Case
an Point i'm France.


The recent letter of Secretary Cass on the
obligation of naturalized citizens in case of
potu,atarily returning to the country of their
birth has naturally attracted much attention.
There have been varions instances in more
than one of the German States. and particu-
larry in Prussia, as the readers of the En-
press have seen, where naturaliZed citizens
who have voluntarily returned within the
jurisdiction OF these States have been COM
PEELED to serve their regular term of military
duty. and all remonstrances on the part of
the United States have proved uuavailing to
procure their release A case, however, oc-
CURED in France in 1852 in which the at
tempt was successfully resisted, through the
firm and decided stand taken by John L.
Hodge, Esq, the American Consul at Mar
settles.
The case is one directly in point, and is
of importance in the present state of the
question, as furnishing precedent in this the
first. and we believe, the only instance in
which the rule was attempted TO be enforced
in France.
Francis ALBERT, a native of the Depart
ment de Var In the South of France, left there
during the drawing of the CONSUMPTION in
| 1889, and was actually drawn as a conscript,
and was therefore an eckope de Ia CONSUMPTION.
He arrived at New Orleans, male the usual
| application for citizenship. and was duly nat
uralized in lS45. He was successful in bust
ness in Louisiana, and in July, 1852, after an
absence of nearly fourteen years. he returned
to visit his family in his native village, and
under the vigilant police in France he was
arrested in "a hours after his returs. He
| Immediately wrote 10 Mr.. Hodge as the near
est American Consul; the latter. that he
might the better attend to the case, immc di-
ately requ' sted that Mr.. ALBERT might be
| brought TO Marseilles, which request was
promptly acceded to by the General-in-Chiet
| commanding the military division. He was
there brought before the Tribunal de GuezTe as
an Insolnli:. and condemned. Mr.. Allibert
was willing to pay 1000 francs for a substi
tute, but Mr.. Hodge would not allow him
even to make the offer, but obtained re,
hearing of his case, appeared in person before
the Tribunal de Guerre, and pleaded The
case; and after two trials and detention Oi
six months, he was acknowledged an Ameri-
can citizen and orders came from the Minis
ter of War at Paris. directing his release
Mr.. Hodge gave him a, passport which was
vised by the Police, and with which he re-
manned some weeks with his family, travelled
through France, and embarked at Havre OIL
his return to the United States.
| The correspondence on file in the Depart
ment of State gives the full details of The
case. and Mr.. Everett, the Secretary of State
under Mr.. Fillmore. on the Sd OF March, 1858
! CHE last day he was in office) wrote a com
plimentary letter 10 Mr.. Hodge, in which ht
/ says:
''The Department was gratifed to learr
! that NJ. Allibert, hose arrest and imprison
ment as an hasounis, although a naturalizec
| citizen of The United States, as mentioned il
your communications, has been released
! This is undoubtedly due TO the firm aud III.
cided stand maintained throughout the long
controversy in your official correspondence,
| with the authorities on the subject.
1T is much to be desired that this case may
be considered as precedent, "a you intimate
and that hereafter naturalzed citizens of th,
United States may visit France without dan
ger Of arrest for military service. In thi'
event, hurtlui sourcr of irritation and un
friendly feeling will be avoided"