The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-07-15

der the sAus Jurisdiction, he maybe tried and pun
ished for the offence upon prinepes OF universal
law. Under ouch circumstances, mo person would
think Of contending that an intermediate residence,
in bis own country for years would deprive the gov
eminent whose laws he had violated OF the power
to enforce their execution The very same -princi-
pie, and no other is applicable to the case OF nat
uralized citizen should he choose to return to his
native country In that case, If he had. com
mitted an offence against the law before his de-
parture, he is responsible for il in the same
manner as the native American citizen to
whom | have referred. In the language of the
late Mr. Marcy in his letter of the 10th of January
1854 to Mr.. jackson, then our charge d'aBaires to
Vienna, when speaking of Tousigs case, every
nation, whenever its laws are violated by any one
owing obedience to them, whether he be citizen
or stranger, has right to infict the penalties
incurred upon the transgressor, If found within its
Jurisdiction This principle is too well established
to admit of serious controversy 1t one OF our ma
tive or naturalized citizens were to expose himself
to punishment by, the commission OF an offence
against any one of our laws, State or National,
and afterwards become naturalized subject OF
foreign country, be would not have the hardwood
to contend, upon voluntarily returning within our
jurisdiction, that his naturalization relieved him
from the punishment due to his crime; much less
could he appeal to the government OF his adopted
country to protect him against his responsibility to
the United States any of the States. This Gov
eminent would not for moment listen to such an
appeal: .a7 ,Hap9 sss, i'm ~, oiy :.
Whilst these principles cannot be contested, great
should be taken in their application especially
to naturalized citizens. The moment foreigner
becomes naturalized, his allegiance to his native
country is severed forever. He experiences new
political birth. A broad and impossible line sepa-
rates him from his native country. He is no more
responsible for anything he may say or do, or omit
to say do after assuming his new character, than
if he had been born in the United States. Should
he return to his native country, he returns as an
American citizen, and in no other character. In
order to entitle his original government to punish
him for an offence, this must have been committed
whilst he a subject and owed allegiance to that
government. The offence must have been complete
before his expatriation 1t must have been of such
character that he might have been tried and
punished for il at the moment of his departure.
4 future liability to serve in the army will not be
sufficient; because, before the time arrive for
such service, he has changed his allegiance, and has
become citizen of the United States. 1t would be
quite absurd to contend that boy, brought to this
country from a foreign 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 become a man, might then
be seized and compelled to perform military
vice, because, if he had remained there throughout
the intervening years and his life had been spared
he would have been bound to perform military SER
vice. TO su bmt TO such principle would be to
make odions distinction between our naturazed
and native citizens. For this reason, in my des
patch to You of May H. 1859, and again in my let
ter 10 Mr.. Hefer of the 14th ultmo, cOntine the
foreign jurisdiction in regard to our naturaliZed
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
refusal to enter the army after having been re-
guarlv drafted and called into it bv the govern
ment to which at the time they owed allegiance.
1t is presumed that neither of these presents
any difficulty in point of principle. If soldier or
sailor were to desert from our army or navy, for
| which offence he is liable to severe punish
ment, and, after having become a naturaliZed sub
ect of another country should return to the United
States, it would be singular defence for him to
make that he was absolyed from his crime because,
after its commission, he had become subject OF
another government. ltwould be still more strange
were that government to interpose in his behalf for
any such reason. Again, during the last war with
| Great Britain in several of the States-l might
mention Pennsylvania in particular-the militia
| man who drafted and called into the service
was exposed to a penalty if he did not obey
the draft and muster himself into the service, or,
in default thereof procure a substitute. Suppose
such individual after having incurred this pen
atty, had gone to foreign country and become
uraiized there and then returned to Pennsylvania,
is it possible to imagine that for this the arm
! of the State authorities would be parayzed and
! that they could not exact the penalty? | state
these examples to show more clearly both the ex-
tent and the limitation of rightful Hanoverian iu-
rSdiction in such 1t is impossible to foresee
| all the varying circumstances which NAV attend
cases as they may arse but it is believed that the
principles la ID down may generally be sufficient to
! guide YOUR conduct.
| 1t is to be deeply regretted that the German
! governments evince so much tenacity this sub
ject. If woud be better, far better, for them con-
sidering the comparatively small number of their
native subjects who return to their domnons after
being naturaized in this country, not to attempt
| to exact military service from them. They will
prove the most reluctant soldiers If they violate
any law of their native country during their visit
they are, of course amenable like other American
| citizens. 1t would be sad misfortune if, for the
! sake of an advantage trifiing to such govern
ments, they should involve themselves in serious
difficulties with country so DESTROYS as we are Of
maintaining with them the most friendly relations
1t is fortunate that serious difficulties of this Kind
are mainly confined to the German States-and es
pecially that the laws of Great Britain do not au-
thorise any compulsory military service whatever