Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1859-07-30
Rights Of Naturalized Citizens.


The readers attention is earnestly directed
to an article on our first page, (reviewing and
commencing the letter Of Gen. Cass,) extract
cd from two of the oldest and ablest 0pposi
ton journals in the United States-the Balti-
more Patriot and the National InteIigencer.
Mr.. Wheaton, who is distinguished for his
profound knowledge Of International law, at
an carly day, at a time, if we mistake not,
when Daniel Webster was Secretary of State,
took the same view Of the subject that Gen.
Cass has. We must regard their opinions of
infinitely more weight than the scnsclcss re-
marks of the demagogucs who arc trying to
manufacture political capital out Of the letter
Of Gen. Cass. We confess that VIC have but a
slight knowledge Of law, and that the question
under consideration requires grasp of intel
lect and depth Of thought VIC arc unable to
give it; we therefore adopt the views OfthOse
able and capable of handling it We know
that men thoroughly, incurably ignorantz-ig
norant to such an extent that they are inca
pabe of inparting information to the most
stOIid--whose vanity and cgOtism exceed il
possible their stupidity-havc presumed to
give their opinion on question they are in
capable of understanding. Happily few per.
sons read their silly comments, none are mis-
led by them.
The able and distinguished editor of the Ma
III, Ie,,I
law cannot avail to nullify the municipal law
ofothcr sovcrcigns." The idiots who denounce
Cas- say it can; but the fact is so selfcvidcnt
it requires no argument to prove it. Every
intelligent man admits it.
The Baltimore AmCricdn, ian opposition
paper edited by one Of the ablcst juriSts in
the State Of Maryland, says: "Some Of the
newspapers reflect very severely upon Score.
tary Cass for acknoWltdging a well.known
principle of public law, in his recent announce
mcnt to French citizens that they were liable
to military duty in France il they voluntarily
returned to that country during the war
These ccnsurcs are unwarrantcd by either the
facts in the case or the principle HvOwcd.-
Within each State its own municipal law pre-
walls; but no one State has right to extend
its municipal law into another State. The
duty Of military service EXISTS by obligation
Of municipal law in France, Austria, and
Prussia. American citizenship rests on the
municipal law of the United States. and hence
can have no extra territorial jurisdiction. The
military service claimed in European countries
Of former subjects is not claim similar to
that Of perpetual allegiance made by Great
Britain. The doctrine Of perpetual allegiance
depends upon the municipal law Of Great
Britain, which she not only exercised within
her own jurisdiction but attempted to enforce
at sea on board American ships, which were
under the jurisdiction Of the country whose
flag they bore. This was violation Of inter
national law, and hence was resented by the
United States Those who think the United
States municipal law ought to operate in
France, Austria. and Prussia, are committing
the same error that Great Britain did in cx.
tending her municipal law beyond its lcgiti-
mate bounds. Mr.. CaSS has not surrendered
any right Of naturalizcd citizens in the an
nouncement he has made. The same prnci-
pie has always been the recognized principle
Of public Law. Mr.. Marcy distinctly laid it
down in the case of TouSg, an Austrian, who
Voluntarily returned TO the country Of his
birth from the United States"