Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-07-23

ments during the war 1872 The Prince Regent
proclaimed il his determination that every native
born subject Of the Brtish crown taken priso-
ner while serving in the American ranks should be
tried and executed "a traitor 70 his lawful sever
eign This was undoubtedly right, according to the
common law doctrine. The hing Of England had
not given his assent 10 the expatriation Of those
people II the Prince Regent had right 10 arrest
nataralizsd Englshmen, SeOehmen or hishmeu in
Canada, (ss the King of Hanover arrested Mr. Ernst
in his dOminions) and compel them TO sight for him.
be certainly had right to hang them for fighting
sgainst him. But MIR. Madison denies this Whcle
dOetr ne aud all its CONSCIOUSNESS. He immediate
" issued counter proclsmatiCn declaring that If
any naturalized eiizan Of the United States should
De put 10 desth On the pretencs that he still
British subject, two English prisoners should suffer
in Ike manner by way Of retaliation. The Prince
Regents proclamation was never enforced in . sim
gle instance. principle which our government
successfully resisted under such circumstances will
scarcely be submitted to nov.
The application Of these principles 20 the Of
any naturslized citizen who returns to his native
country is simple and easy enough He is liable,
like any body else, to be arrested for 9 debt or
crime but ne cannot righifuiy be punished fer the
non-perfOrmance Of duty which is supposed to
grow out of that allegiance which be has abjured
and renouneed. If he was q dsserter from the army
he may be punished when he goes back, because
deserticn is crime. On the other hand, if be was
nOtacualy in the army at the time Of his emigration
but merely liable, like other members of the State
to be called for his share Of mill ary duty which
be did not perform because he left the country be-
fore toe time for its performance came round, he
cannot justly be mOlested. Any arrest or detention
OF him on that account ought 20 be regarded as 3
grave offence to his country. What acts are neces-
ssry to make him part of the aTmy-what consti-
tutes the crime of military deserton-whether per-
drafted, eonscrihed notified but not actaslly
serving; may be called deserter, if he fails tc
port himself-tbese are questions which need not
be discussed until they arise.
But it may be said that the government Of Hano-
yer has the right to make her own laws and
them in her oan way This is strictly true Of all
laws which sre il tended TO enforce the obligations
and punish the offences Of her SWn people. Bet
Law which operates on the Interests and rights Of
other States or people, must De made and executed
according to the Laws Of nations. sovereign Who
tralnples upon the public law Of the world cannot
himself BY pointing to provision in his
municipal code. The municipal code of each couD-
try is the offspring of its own soFsregns viii, and
public Law must be paramount - local law IL every
question Hheie local laws are in conflict II Hsno-
yer would make Legislative decree forhidding
her peonle 10 emigrate or expairiate themselves
upon pain Of DEATH that would not take away the
right Of expstristion, and any attempt to execute
such law upon ons who has already become an
American citizen, would and ought to be met By
very prompt reclamation
Hanover probably has some municipal legislation
o. her own. by which the right Of expatr alton is
denied to those Of her people who fail to comply
with certain conditions Assuming that such reg
ulation existed in 1851, aud assuming also that it
was violated by Mr.. Ernst when he came away, the
question will then arise whether the unlsYfulnesi
of his emigration makes his act of naturalization
void against the King Of Hanover. l answer, 10
certainly not He is American citizen by our
law. If he violated the lag Of Hanover, which for
bids him TO rsnsfer his allegiance to US, then the
laws Of the two countries are in conflict, and the
law Of nations steps in to decide the question upon
principles snd rules Of its By the publis law
of the world we have the uBdoubted right 10 nata-
ralize foreigner, whether his natural sovereign
to his emigration or not In my opinion
the Hanoverian government cannot justify the ar
arrest Of Mr.. Ernst by showing that he emigraied
he laws Of that country, unless it
also be proved that the original right of expatria
tiou depends on The consent of the natural sover-
eign. This last proposition am sure no man eau
establish.