The Nevada Democrat., 1859-08-03

~ aNHN ouu fiSof VI tCliNt
citizens of the United States The question is
no less than that Of the civil status of all these
Their lives aud their fortunes ale pledged to
The support of this Government, TO the same
extent as those Of their native-bOrn fellow-citi-
zens, and The question is whether or not they
are entitled to the same measure Of protection
everywhere upon the globe, 10 which necessity
or lncllnation may carry them. Against the
manifest justice of their claim to an equality of
benefits as well as of burdens until now, but
one objection has ever been nterposed, and
that came not from this continent but from Eu-
rope 1t is the doctrine of perpetual allegi-
ance. Ii the Government of the United States
Will acqutesce in that pretentien there is an
end OF the question. II this Government repu-
dates II, there is equally an end of the ques-
ton. In the first case, the Governments of
Europe are licensed TO do whatever they please
With their re-captured f0gltives, of whatever
grade or condition Of lie and. ia the second,
they viii be permitted to deal with the poorest
laborer or peasant who has obtained the privi-
lege OF our citizenship, only as they would with
the lotfiest of our native born citizens whether
Presidents or eX-Presidents, Senators, Congress
men. or anything else. Our Government has
always, in words repudlated the doctrine of
perpetual allegiance. Mr. Webster In his cor
respondence with Lord Ashburton and Mr..
Marcy with the Chevalier Hulseman, have OK
| P'NSNNA Jul ItHuuldNiOu VI NIIe QOUuluc WIN all
the ciearness aud force Of which the English
language Is capable and have sustained our
position with arguments which cauaot be au.
swered. 1... r.I
Our naturalization laws, passed in pursuance
OF the Constitution Of the United States, are q
still more exalted and authoritative expression
OF this fundamental American doctrine. The
applicant is required TO appear before court
OF justice, and with an oath of the most solemn
form first to abjure his allegiance to his former
sovereign, and thus cleared of his old allegi-
ance Is permitted to swear new allegiance to
the United States.
On this question all the Governments of Eu-
rope are opposed 10 us. Not one, so far as
am Informed, has ever acknowledged that o
man born subject could divest himself OF that
character. and owe allegiance no longer. The
Inhabitants of the American Colonies are to
this day in English law held to have ceased TO
be British subjects, not from the date of the
Declaration Of Independence. but from the Sd
day OF September, 1888, when Great Britain by
treaty consented to release them. But for this
permission the men of the Revolution and their
descendants to this day, would by the English
theory have continued British subjects; and
every native-born American would now lie a
subject OF Victoria. American courts decide
law cases according to our vlew and the Eng
llsh courts according to the English view; aud
there never was any approximation to an ad
Justment of this difference between the world
on the one side of the Atlantic and the world
on the other
Do the Governments Of Europe claim mill
tary service from naturalized American citi.
zcns on the ground OF a still existing allegiance
to the sovereign under whom they were born
Not one of them ever pretended TO make this
| claim on the footing of any other right, unless
IN the case Of mere desertion from actual SER
vice. With that narrow exception, naturalized
aud native citizens stand on precise equality,
as no Que denies the right OF an American born
to eulist in foreign service, or the right of the
Government with which he contracts to punish
him for any infraction Of bis obligations. Ca
ses of actual desertiOn from foreign ranks OF
those who were born American citizens, or be-
coule so after the commission Of that otfense Gas
well known as any other 10 the codes Of all ua-
tions, and as strictly defned) do not enter into
the present consideration at all, and are not
likely ever TO be heard Of. The Governments
of Europe demand those who were never in the
ranks, on the ground, not of deserton from the
| army, but deserton from allegiance aud the
general duty Of subject to bis sovereign.
Those Governments condescend to justify them
selves by some Of the distinctions to be found
in Mr.. Cass letters. These are all Of our own
invention, and gotten up for the purpose only,
Of securing ourselves from the duty OF redress
ing the wrong. When, then, citizen of the
United States is seized, handcufed, imprisoned,
lashed, and showed of with mnsket 10 bis
hand to be slaughtered in Italy or elsewhere,
avOwedly on the ground of the continuance of
that allegiance which We encouraged him to
fOrswear, and of which we accepted the trans
fer. with all its mutual obligations Of service
aud protection, it is painful sight to behold
our Government looking on with indifference
and endeavoring to shield its recreancy with
idle, volunteer qubblng aud empty phrases
about present obligations existing against the
poor deluded wretch at the time OF bis emigra-
ton. No man who has ever entered into this
contract Of naturalization 10 understood it, or
had reason 50 TO understand il at the time that
he did 20. aud If this is 10 be the construction
put upon it by our Government Congress
should Immediately pass general dissolving
law, TO release all naturalized Oitizeus from the
bonds of their allegiance. To repudiate per-
petual allegiance and at the same time to allow
the lives aud fortunes Of American citizens TO
be sacrificed on the ground Of perpetual allegi-
an0e alone, il a course as contradictory aud in
comprehensive as il is cOwardly.
In this matter Of foreign military service let
our naturalized aud native born citizens stand
on the same equal footing that they do as TO ac-
tual deserton from the ranks when once they
have been lawfully enlisted. Foreigners Of ev-
cry description, IL Is true, may be made to do
military service for the defense Of the country
in which they reside, but this obligation is lin
tied to the purposes Of defense, aud ceases with
the immediate necessity which was its occasion;
aud is further qualified by the right OF the for
eigner to avoid the duty by leaving the coun-
try. Thus much let there be exacted, IL you
please, from the naturalized American citizen,
10 like manner as from his native born Ameri-
can fellow citizen, bat nothing more. The two
according to the arbitrary European rule OF
determining allegiance by the place Of birth,
may be children Of the same father and mother,
and one be subject to cOnscription aud the 9th
er not, as they happen to be born on one CONT
neut or another.
If in respect OF this debt Of military service,
the idea of breach Of present existing obli-
CATION can be extended to mean anything more
than is included in the definition of the crime
Of desertion. then 1t Is but change OF phrase
ology and yields, in fact. ell that is claimed by
those who assert the doctrine Of perpetual ale