Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1859-08-10

10 lay DeloTe you an eAtTdct Irou ucSpdtcu
addressed to our Minister at Berlin, from the
Department of State, by order of President
Buchanan, and which, relating as it does to a
practical case, has been most carefully pre-
pared. 1t presents the true American posi-
ton in manner at once SO clear in statement
and satisfactory in argument, as to be we'll
nigh beyond cavil:
Extract Of a Despatch from the Department
of State to the Minister OF the United States
at Beslie, dated July s, 1859.
The question then arises. what rights do
our laws confer upon foreigner by granting
him naturalization? | answer. all the rights,
privileges and immunities which belong to a
native born citizen, in their full extent, with
the single qualification that, under the Con-
stitution, ''no person except natural-born
citizen is eligible to the Office of President"
With this exception. the naturalized citizen
from and after the date of his naturalization
both at home s. abroad is placed upon the very
same footing with the native citizen. He is
neither in better nor worse condition. Ii
a native citizen chooses to take up his resi-
dence in foreign country, for the purpose of
advancing his fortune or promoting his hap
piness. he is whilst there bound to obey its
municipal laws equally with those who have
lived in it all their lives He goes abroad
with bis eyes open; and these laws be arbi-
tary and unjust, he has chosen TO abide by
the consequences If they are administered
in an equal spirit towards himself and towards
native subjects, this government have no
right to interfere authoratively in his behalf
To do this would be to violate the ght of an
independent nation TO legislate within its own
territories Ii this government were to un-
dertake such task, we might soon be involv
ed in trouble with nearly the whole world.
To protect our citizens against the applica-
ton of this principle of universal law, in its
| full extent, We have treaties with several na-
| tions securing exemption to American citi
| zens when residing abroad from some of the
onorous duties requited from their own sub
Jects. Where 40 such treaty exists, and an
American citizen has committed crime or
incurred penalty for violating any municipal
law whatever of the country of his Temporary
residence, he is just as liable to be tried and
punished for his offence as though he had re-
sided in it from the day of his birth. If this
has not been done before his departure, and
be should volutarily return under the same
jurisdiction, he may be tried and punished
for the offence upon principles of universal
law
Under such circumstances, no person
would think of contending that an interme-
diate residence in his own country for years
would deprive the government whose laws he
| had violated of the power 60 enforce their
execution. The very same principles and no
other, is applicable to the case of a naturaliz-
| ed citizen should he choose to return to his
native country. In that case, if he had com
mtted an offence against the law before his
departure he is responsible for it in the same
manner as the native American citizen to
whom I have referred In the language OF
the late Mr.. Marcy, in his letter of the 10th
January, 1854, to Mr. jackson. then our
Charge d'Affairs to Vienna, when speaking
of Tousig's case, every nation, whenever
its laws are violated by any one owing obe-
dience to them, whether he be citizen or a
stranger, has right to infiict the penalties
incurred by the transgressor. if found within
! its jusisdiction" This principle is too vel
established to admit of serious controversy
S If one of our naturalized citizens were tt
expose himself to punishment by the com
mission of an offence against any of our law:
r State or National and afterwards become
D naturalized subject of foreign country, h'
t would not have the hardwood to coCtend
u upon voluntarially returning within oul
e jurisdiction that his naturalization relievet
n him from the punishment due to his crime
II much less could he appeal to the government
It of his adopted country to protect him agalns
i his responsibility to the United States, o
n any of the States. This Government woul
h not for moment listen to such appeal.
Whilst thcseprinciples cannot be contested
1t great care should be taken in their applica
,e ton, especially to our na'uralized citizens =
l. The moment foreigner becomes naturalized
Sc his allegiance to his native country is serve
al forever. He experiences a new polite;
in birth. A broad and inseperable line sepa
b rates him from his native country. He is n
he more responsible for anything he may say c
to do, after assuming his new character, than
to he had been borne in the United States. =
j. Should he return to his native country. b
is returns as an American citizen, and in L
20 other character. In order to entitle b
Us original government to punish him for a
or offence, this must have been committc
ly whilst he was subject and owed allegians
al to that government. The offence must hay
eh been complete before his expatriatiou
a. must have been of such a character that
o. might have been tried and punished for it
MT the moment of his departure future Ii
r. bility to serve in the army will not be suf
as cient; because, before the time can arrive f
be such service he has changed his allegienc
"a and has become citizen of the United State
on 1t would be quite absurd to contend that
C. boy, brought to this country from foreie
We country with his fathers family when b
d, twelve years of age and naturalized her
r. who should afterwards visit the country
a his birth when he had become man, mig
m then be seized and compelled to perfor
n military service, because il he had remains
ed there throughout the intervening years al
ns his life had been spared, he would ha
ne been bound to perform military service.
of submit to such a principle would be to ma
he an odious distinction between our naturaliz
and native citizens. For this reason, in