Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1859-06-30

wv PAtN " tnN eoNtftiNn toMhfu9 Whom -he
ielity as well as "ellegianes," have been
thne absolutely and entirely renounced aud
abiured To acknowledge any such claim,
alter naturalization, Ia, 10 eject, 10 compel
he party Eaturnliaed, 10 violate the very
oath oF Affirmation demanded Of him
do not understand, however, that Gene
raj Cass entertains the doctrine which YOU
attribute 10 him. The real difficulty il that
his attention has not boen called, speoincal-
y, to the question which you Proposed TO
me. livery Able-bodied auLiect Of Prussia,
for Instance, must serve in the army, during
period OF three years, between tho ages Of
eighteen and thirty and Is liable to be again
Q lled into actual service, as the public oxi-
gencies may require, until no has passed his
eixueth year. II the "duties or penalties
10 which Gen. Cas- refers, NJ existing ~ the
time Of emigration, are such a, result from
mere liability 10 service, in the army, no
/ Pruasian can safely become citizen Of the
| United States unless he emigrated from
/ Prussia AFTER sixty years of age. But Genes
raj Cass evidently does not 80 intend the
duties Of which he speaks are those Of .ci
tual service, already commenced, before ems
igration and the penalties are those
which attach to the dosertion Of a soldier,
while actually in sorvico or under arms, o.
| Ills language iG
IL at that time they were in the army, or
actually called into il, such emigration and
naturalization do not exempt them from the
legal penalty which they incurred by their
desertion
Now that term "desertion" is only appli-
cable 60 a soldier in actual service, under
arms, who Rbandons his cOlors without leave.
Il does not even apply to a man who aban-
dons his country 10 order 70 avoid becoming
a soldier
Tue Same distinction exists in our State
NJ well ~ elsewhere The Consultation oi
Ohio, article ninth, section first, declares:
"Ali white malc citizens, resident Of this
state, being eighteen years OF age, and un-
der the ago OF forty five years, shall be en-
rolled in the militia, aud perform military
duty IN such manner not ino mpatible with
the Constitution and laws of the United
States, as may be prescribed by law
The Constitution Of the United states ar.
ticlo second, eighth section, authorizes Con.
gress-
TO provide for calling forth the militia
to execute the laws Of the Union; suppress
insurre0tious and repel invasions,
"To provide Tor organizing, ming and
diselplining the militia, aud tor governing
such part of them Us may be employed IN
tue service Of the United States; ruseryng
to the states respectively, tie appointment
Of the officers, aud the authority OF training
the militia according to tho discipline pre-.
scribed by Congress-
Clearly, therefore, each malo citizen Of
Ohio, between the ages Of eighteen aud tor
ty-iive years, Ia liable TO perform military
duty, and is to be enrolled Tor that purpose.
But until itually called forth in pursuunc,
AZ la uI t,,f,, Il
is not soldier of the United Stutes-is not
subject to thu President Of the United tates
US Commander in,Chief of the army, and
cannot DO tried by Court martial for any
otiensc against the United states, whe .hor Il
pe desertIOn, or disobedienco, or something
else.
The fourth amendment Of the Federal
Constitution secures this:
No person shall be held to answer for a
capital or otherwise Infamous crime, uniess
nn u presentment or indictment Of q Grand
Jury, except in cases arising in the land or
naval forces, or in the militia when in nc
tual service, in time Of war or public danger.
III 0 . is a distinction wide aud mamie,
between liability tO service and actual SO =
vice--a distinction whien, rs think, Gen
ral Cass meant 10 observe IL native OF
Prussia, for instance, should leave that coun
Try, between the ages OF eighteen and thirty,
without having served In the army, or before
the age OF eighteen, no military service can
be expected from tim by the government oi
rTussia alter his ma urallzati0n here; but II
he actually begun his service in the army,
and aiterward deserted, before tho period Ul
the three years had expired, naturalization
will not relieve hln from the penalties ol
such doscrtion those penalties may, under
the law ot frussia, consist ot military SER
wee, or hne, or imprisonment but they ure
the penalties ol an ohen'e committed before
naturalization, and not the acknowledgment
OF any allegiance or fidelity whatever.
understand this TO be what General Cas-
means; and It Is IN ucc,r anco with the
language OF Governor Marcy (while Secre-
!, tary OF Stnte) IN tue case VI Taussg
Having Oeen once subject 90 the munc
q pal laws OF AGstrlu, aud while under her u
risdicton violated these laws, his Withdrawal
from that jurisdiction and acquiring q dit,
ferent nationality, would not exempt hin
! from their operation whenever he again
chose to place himself under them. Every
nation, whenever It's laws are violated by
any one owing obed ice to them, whether
he be iii .en or II stranger, has a right tt
gressor, II lound Nithn its jurisdiction. The
raan IL nnt ulTprad no tbs, ,,lu r