The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1859-08-06
NE. CAS- AND THE INFLAMMATION CUES
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Mr. Cess recently addressed despatch to the
American Minister a, Berlin, in relation TO the
case Of an Ame, lean citizen who has been I'M
pressed into the llano,crian service. In the
coursc Of i, he says
The question then arises, what rights do our
laws confer upon foreigner by granting him
intimidation ! answer. all tbs rights, priv
lege,. and muunities which belong TO a native
born citizen IN their full extent. with the single
qualification that. under the Constitution, " no
person except natural born citizen Is eligible
10 the pniee of President" With this exception,
tn uataralzd citizen from and after the date
of his naturalization both at home and abroad,
Is placed upon the very same iooilng with the
native citizen. He is neither in n better noe a
wor" condition
oThc momcn, foreigner becomes naturalizcd,
his allegiance TO his native country Is severed
forever lie experiences new political birth.
A bread and impossible line sfaratcs him from
his native country. lie is no more responsible
ioT ANYTHING he may say or do or omit to say
or do after assuming hs new character, than II
he had been born in the United states Should
he return to his native country he returns ms an
American citizen, and in no other character
In order to cntiic his original Government to
punish him fof an ontnse, this must have been
committed whilst h. sas a subject, and owed
allegiance to that Government The ofhsnsc
must have been complete before his cNpairia'ion,
II must have bgcn OF such u character that he
might have been tried and punished Tor It at the
moment Of hi- departure.
o. future liability TO serve in the army will
no, be- sufficient because, before the time can
arrive for such service he has changed his allie
giaucc. and has become citizen OF the United
State. 1t would be quite absurd to contend
that boy, brought to this country from for
cign country with his hihCrs family when but
twelve years Of age and natursizcd here, who
should afterwards visit the country OF his birth
when be- had become man might then be sciNd
and compelled 10 perform militay service be
cause # he had remained there throughout the
intervening years and his lite bad been spared
he would have been bound to perform military
service,
To submit 10 such principle would be to
make an odiuus distinction between our natural
izcd and native ciriDus. For this reason IN my
dispatch to you of May - $50, and again in
my letter to MIR Hof,r of the li'h ult, con
fine The foreign jurisdiction in regard 70 our nat
uralizcd citibns to such Of them as " were in the
army or were actually called into II at the
time they len Pcussia, That IT, 10 the case OF
actual dcscrtion or a refusal to enter the army
after having been regularly drafted and called
into it by the government TO which at the time
they owed allegiance. /, is presumed that nei-
thcr Of these cases presents any difficulty in point
Of principle.
IF a soldier or sailor were to desert from
oul army or navy. for which oticnse he Is liable
to severe punishment, ard after having become
a naturalizcd subject of another country, should
return 10 the United States, it would be- a Singh
lar dctcn. for him to make that hc was ahsovcd
from his crime be-, ause, after its commission, he
had become subject Of another government,
II would be- still more strange were that govern.
ncn' to in,crpose IN his behalf Tor any such
reason.