The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-08-04
THE WEEKLY PIONEER AND DEMOCRAT.

Crown, taking prisoners while serving in
the American ranks, should be tried and
executed a. traitor 10 bis lawful sovereign.
This was undoubtedly right according TO the
common-law doctrine. The King OF Eng.
land had not given bis assent TO the expa-
triation Of those people. IF the Prince
Regent had right 70 arrest naturslize,l
EDglishman, Scotchman, Or Irishman, in
Canada, (ss the King Of Hanover arrested
Mr.. Ernst in his dominions,) and compel
them to fight for him, he certainly bad a
right 10 hang them for fighting against him
But Mr.. Madison denicd this whole doc.
trne and all its consequences. He imme.
diately issued counter proclamation de-
c'aring that il any naturalized citizen OF
the United States should be put to death on
the prctence that he was still a British sub.
ject, twolEnglish prisoners should suffer in q
like manner by way OF retaliation. The
Prince Regents pao lamation was never en-
forced in single instance. A principle
which our Government successfully resisted
under such circumstances will scarcely be
submitted to now.
The application OF these principles to the
case Of any natIralized citizen who return.
to his native country is simple and easy
enough. He is liable, like anybody else, to
bc arrested for debt or q crime, but be
cannot rightiulIy be punished for the non.
performance Of duty which is supposed 10
grow out OF that allegiance which he ha.
abjured and renowned. II he was q de-
scrter from the army be may be punished
when he goes back, because desertion Is a
crime. On the other hand il he was not
actually in the army at the time Of his emi.
grafton, but merely liable, like other mem
bcrs Of the State, to be called ON for his
share of military duty which be did not per.
form, because he left the country before the
time for its performance came round, he
cannot justly be molested. Any arrest or
detention OF him on that account ought Ia
be regarded as grave offence to bis adopt
ed country. What acts are necessary 10
make him part Of the army what const
tules the crime Of military desertion whe.
Their person drafted, conscribcd or notified
but not actually serving may be called a
dcsertcr these are questions which need
not be discussed until they arise
But il may be said that the Government
Of Hanover has right to make her own
laws, and execute them in her own way.
This is strictly true Of all laws which are
intended to enforce the obligations and pun
ish tho offences Of her own people. Blu, IA
law which operates on the interests and
rights OF other States or peoples must bc
made aud executed according to the law OF
nations. A sovereign who tramplcs upon
the public law Of the world cannot excuse
himself by pointing to provision in his
own municipal code.
The municipal code OF each country is the
offspring OF its own sovercigns will, and
public law must tie paramount TO local law
in every question where local laws are IN
conflict. II Hanover would make a Iegsla
tive decree, forbidding her people to emi.
CRATE or expa,riatc themselves upon the
pain OF death, that would not take away the
right OF cxpatria,ion, aud any attempt TO
execute such II law upon one who has al
ready become an American citizen would,
and ought to be met by very prompt recla.
nation.
Hanover probably has some municipal
regulation OF her own by which the right OF
repatriation is denied to those OF her people
who TAIL to comply with certain conditions
Assuming that such regulation existed in
1851 and assuming, also, that it was vio
lated by Mr.. Ernst when he came away. the
question will then arise whether the unlaw.
iulncss ofhis emigration makes his act of nat
uralzatlon void n against the King of
Hanover. | answer, no-certainly not. He
is an American citizen by our law II he
violated the law OF Hanover which forbade
him to transfer 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 on principles and rules OF its own
by the public law OF the world We have the
undoubted RICH, to naturalizc foreigner,
whether his natural sovereign consented 10
his emigration or not. In my opinion. the
Hanover government cannot justify the ar
rest OF Mr.. Ernst, by showing tina, he emf
grated contrary TO the laws Of tina, country
unless II can also be proved, that the origi-
nal right OF repatriation depends on the
consent Of the natural sovereign. This lat.
ter proposition, am sure, no man can Is.
tabllsh.