The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-07-27

punishment due to his crime; much less
could he appeal to the government of his
adopted country to protect him against
his responsibility to che United States
or any of the States This Government
would not for moment listen to such an
appeal. lie .. - -t
/ Whilst these principles cannot be con-
tested, great care should be taken in
their application, especially to our nat
uralized citizens. The moment for
eigner becomes naturalized, Ills allegiance
to his native country is severed forever.
He experiences a new political birth. A
broad and impossible line separates him
from his native country. He is no more
Irresponsible for anything he may say or
do, or omit to say or do, after assuming
his new character, than If he had been
born in the United States. Should he
return q, to his native country, he returns
as an American citizen, and in no other
Fcharacter. In order to entit!e his origin
al government to punish him for an Of
fence this must have been committed
whilst he was subject and owed ale
glance to that government. The offence
must have been complete before his ex-
patriation. 1t must have been of such
character that he might have been tried
and punished for it at the moment of his
departure. A future liability to serve in
the army will not be sufficient; because,
before the time can arrive fo- such service
he has changed his allegiance, and has
become citizen of the United States. It
would be quite absurd to contend that a
boy, brought to this country from for
eign country with his fathers family,
when but twelve years Of age and natural
lied here, who should afterwards visit
the country of his birth when he had be-
come man, might then be seized and
compelled to perform military service
because. if he had remained there
throughout the intervening years. and his
life had been spared. he would have been
bound to perform military service. To
submit to such principle would be to
!, make an odious distinction between nat.
uralized and native citizens. For this
reason, in my dispatch to you of May
10, 1859, and again in my letter to Mr..
Hofer of the l4th ult., I con6ne the for
eign Jurisdiction in regard to our natu-
rallied citizens to such of them as "were
, in the army or actually called into it" at
, the time they left Prussia. That is, to
the case of actual desertion or refusal to
enter the army after having been regu-
larly drafted and called into it by the
q government to which at the time they
q owed allegiance. 1t is presumed that
n neither of these cases presents any diff
Guilty in point of principle. If a soldier
: or sailor were to desert from our army
- or navy, for which offence he is liable to o
= severe punishment, and, after having be-
. come naturalized subject of anothe.
. country, = should return to the United
!: States, it would be singular defence
r. for him to make that he was absolved
= from his crime because, after its commits.
!. sion, he had become subject Of another
= government. 1t would be still more
% strange we're that government to inter.
,fl pose in his behalf for any such reason
n Again, during the last war with Great
- Britain. in several of the States--I might
T. militia man who was drafted and called
70 :. into the service was exposed to a severe
10 penalty if he did not obey the draft ant
70 muster himself into the service. or, in de
= fault, thereof, procure substitute. Sup
! pose such an individual, after having in
,s Cured this penalty, had gone to for
9 eign country and become naturalizet
!. there and then returned to Pennsylvania
, is it possible to imagine that for this rea.
!; II son the a arm of the State authorities
:, would be paralyzed, and that they coule
- not exact the penalty? state thes,
80 examples to show more clearly both tn,
:, extent and the Limitation ofrightful Han
:. overian jurisdiction in such cases. It i
:. impossible to foresee all the varying cir
!. cumstances which may attend cases a
= they may arise; but it is believed that tn
!. principles laid down may generally b
:, sufficient to guide your conduct. 1t il
= to be deeply regretted that the German
- governments evince so much tenacity o.
~ ~ this subject. 1t would be BETTER far bet
: ter. for them, considering the compare
lively small number of their native sub
- jects who return to their doninions af:e
W W being naturalized in this country, not t.
- !. attempt to exact military service fror
g. r. them. They will prove to be most re
-. -. luctant soldiers. If they violate any la,
~ of their native country daring their visit
=. - they are ,bof course, amendable like othe
" American? citizens. 1t would be q 50
81 So misfortune if; for the sake of an advar
- " tage SO trifling to such. government
~ they should involve themselves in seriou
y" difficulties with country so desirous 9
~ we are Of maintaining with them the MOI
ne n friendly relations Il is fortunate ths
De serious difficulties of this kind are maiI
= ly confined to the German States--an
: y especially that the laws of Great Britai
;. do not authorize any compulsory milital
of Of service whatever. ....ia -, g
ire ~ The most awkward thing in
hnJ ont of oati an 10 a uoman trviuo IN ru,