New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-07-19
RIGHTS OF NATURALIZED CITIZENS.

1t appears that, as preliminary to the recently
published dispatch to our Minister at Berlin, At
torney General Black was called upon for his opn-
ion on the subject Of the Liability Of naurszed cit
Of the United States to military service in the
country of their birth. The published sketch of
that opinion goes to confirm the position that the
distinction upon which Mr.. Cass attempts 70 Justify
bis original Memphis letter is not tenable. Though
it is now denied that the natural-born subjects of
foreign States, upon their return, after naturalizi
ton in the United States, TO the country of their
birth, are liable to be called upon for the first time,
to render military service there il is still conceded
that if, before their emigration, their names had
been Included in any draft or CONSUMPTION, that
draft or conscription remains good against them,
and that, notwithstanding their American citizen
ship they may be compelled to serve in the foreign
army.
Mr.. Cass has attempted to justify this distinction
in the two cases on two grounds. He set up first
that the draft or CONSUMPTION imposed debt on
the cOnscript which he was bound to discharge,
and which the Government had a right to enforce
against him whenever it got the opportunity, not
withstandipg his intermediate change of nationality;
sion to Join his colors and to serve out his term
was a crime which the foreign Government re-
tanned the power of Furnishing whenever the cuprit
returned within its jurisdiction.
We have already called attention to the fact that
anything in the nature of a contract or debt re-
quiIes the consent of both parties, which, in the
case under consideration. does not exist. There
is no similarity between the case of recruit who
has made voluntary contract of enlistment and
thereby imposed upon himself personal obiga-
tioD and conscript who has merely been called
upon to serve by an act of authority and in virtue
of an eeiance from which and all its obligations
he has subsequently been freed and discharged by
expatraton and naturalization here. So much for
the first ground of distinction. The second, that
of the crime which the conscript is alleged to have
committed by evading the call made upon him for
military service-that seemsto be pretty efectualy
disposed of in the option of Attorney
General Black. The German States not only
have laws which treat crime the
evasion of military service by persons
called upon to serve, they have, at least some of
them have, laws which punish as crime emigra-
ton without the consent of the authorities. But
the ATTORNEY -Genera holds that no such laws can
be enforced against naturalized citizens Of the
United States because that would be inconsistent
with the right Of expatriation which lies at the
bottom Of our naturalization system. The right OF
expatristiOn is assumed to BE- natural right, 10 be
exercised at the pleasure Of the individual, and
which the foreign Government cannot be allowed
thus indirectly to defeat But if the foreign Gov
erpment cannot be allowed to defeat the right of
expstriation BY an enactment of that sort,
in the case Of the of its subjects neither can
il be allowed to deprive certain particular ini-
yidusls of this indefeasible right, BY drafting
them into its military service. The draft Of
an individual into the military service Of the State
is pure aud simple act Of authority, deriving all
lis validity from the law on which it is founded.
1t is not the draft, it is the law which requires the
conscript to serye-a Law which binds him only
so long as he remains subject and which, accord
ing to the doctrine held by Attorney General Black
cannot be allowed TO curtai his indefeasible right
of e1patriaton. If, as Mr.. Cass and Attorney
General Black now hold, naturalzed and native
citizen stand 10 all intents and purposes on
the same level, it is impossible 10 allow foreign
Governments to set up any claims upon naturalized
citizens, which, in spite of refnements, rest
solely on the fact that these no. naturalized
citizens of the United States were born their sub
jects.