Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1859-06-21
DEPARTMENT OF STATE,
WASHINGTON, June IA, 1859.

SIR In answer to your letter of the 9th
inst, have to inform you that the brief
letter from this Department, to which you re-
fer, dated the l7th of May last, and addressed
to Mr. Felix lie Clerc. was in reply to an
application for information, and was princi-
pally intended to recommend caution to our
naturalized iellOw-citizens, natives of France
in returning to that country, as the opera
tions of the French CONSUMPTION law were not
precisely known here. and might bear iniuri-
Ously upon that class of American citizens.
Most of the continental European nations
have system of military organization by
which their citizens are compelled to serve in
the army, by conscription as in France
where the duty is designated by lot or by
draft, as in Prussia, where every person is re-
quircd to take his turn as a soldier. The con-
ditiOn of American naturaliZed citizens re-
turning to their native country, where the
system of compulsory service prevails, and
who had left before performing such service.
has frequently been the subject OF discussion
with some of the European powers. Quite
recently it has arisen between the United
States and Prussia, and the representative of
this country at the court of Berlin has
brought the matter TO the attention of the
Prussian government. In the instructions
which were sent to him, dated Nav ID. 1859,
il was explicitly stated that this Government
is opposed TO the doctrine of perpetual allie
glance, and maintains the right of ex-
patriation and the right to form new political
ties elsewhere.
Upon this subject it is observed that, ''in
this age of the world. the idea of controlling
the citizen in the choice of home, and bind
ing him by mere political theory to inhabit
for his lifetime country which he constantly
desires to leave. can hardly be entertained by
any government whatever" The position OF
the United States, as communicated to the
minister at Berlin for the information of the
Prussian government. is, that native born
Prussians, natnralzed in the United States
and returning 10 the country of their birth,
are not liable to any duties or penalties ex-
cept such as were existing at the period OF
their emigration. Ii at that time they were
in the army, or actually called into it, such
| emigration and naturalization do not
| exempt them from the legal penalty which
| they incurred by their desertion, but
| this penalty may be enforced against
them whenever they shall voluntarily
| place themselves within the local Jurisdiction
| of their native country. and shall be pro-
| ceeded against according to law. But when
| no present liabilities exist against them. al
the period of their emigration, the law oil
| nations, in the opinion of this Government
| gives no right to any country to interfere
with naturalized American citizens. and the
| attempt TO do so would be considered an acl
unjust in itself and uniriendly towards the
| United States. This question cannot, Of
| course. arise in the case of a naturalized citi
zen who remains in the United States. 1t il
only when he voluntarily returns to his ma
| tive country that its local laws can be enfor
| ced against him.
am, sir, your obedient servant;
LEWIS CAsS.
To A. V. Hofer, Esq, Cincinnati, Ohio.