The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1859-06-22

| iOt"hCu Hd'NO Cpuiuy, anu
sought 10 shield himself from the obligations
enjoined by Austrian law Though his case
did not call for full enunciaton of the
doctrine applicable TO the subject, in all its
length ard breadth, (as Tousig was not a
fully naturaIized citzen,) Mr.. Marcy chose
10 define the principle appropriate 10 the
occasion in all It's generality From his
State Paper of that date we quote as fol.
lows -
"Tousig voluntarily returned 10 Austria,
and placed himself within the reach OF her
municipal laws He went by his free act
under their jurisdiction, and thereby sub
iected himself TO them. If he had incurred
penalties or assumed duties achile under these
lars, he might have expected they acould be en-
forced against him, and should have known
that the new political relation he had ac.
quired, if, indeed, he had acquired any,
could not operate as, "a release from these
penalties. Having been once subject 10
the municipal laws of Austria, and while
her Jurisdiction violated these laws, his
withdraw from that jurisdiction and acquir.
ing different national character would not
exempt him from their operation whenever
he again chose to place himself under them.
Every nation, whenever its laws are viola
ted by any one owing obedience TO them,
whether he be citizen or stranger, has
right 10 inflct the penalties incurred upon
the transsressor, if found within its jurisdic-
| Tho 70 al h,,t tba ob,
acter of the laws, unless they are in dero-
CATION of the we'll established International
code No nation has a right TO supervise
the municipal code o. another nation, or
claim that its citizens or subjects shall be
exempted from the operation of such code,
if they have voluntarily placed themselves
under it The character of the municipal
laws of one country does not furnish just
, ground for other States TO interfere with the
execution of these laws, even upon their
own citizens, when they have gone into
that country and subjected themselves TO its
jurisdiction"
In like manner, and at an earlier day,
Mr.. Wheaton, while our Minister at the
, Court of Berlin, was called 10 pronounce
his opinion upon the very point recently
, submitted TO MIR Secretary Cass. In the
year 1870, one J. p Knocke, natural born
{ subject of Prussia, but fully naturalized cti.
zen of the United States, voluntarily return
ed TO his native country, where he was call.
ed to perform military duty. Invoking the
Intervention of the American Minister, he
received the following response -
"Had you remained in the United States
or visited any other foreign country (excepI
. Prussia) on your lawful business,you would
have been protected by the American au
. thorties, at home and abroad, in the enjoy
: ment of all your rights and privileges as q
u naturalized citizen of the United States.-
But having returned 10 :he country of youl
. birth, your nafips domicile and national char.
acter reuert, ESQ long as you remain in the
r Prussian dominions) and you are bound
, ,, in all respects, TO obey the laws exactly as
: if you had never emigra.ed."
3 = We may add that several OF the European
. States have provided by law for the expa
lrlation of their subjects or citizens, and
> without the consent of the civil authorities
no such expatriation is admitted 10 be valid
In the case of subjects who have been for.
maly and legally absolved from the obli
cations of their native civil allegiance, it is
y a question how far those obligations would
be held 10 revert in the case of voluntary
= return TO their native country after the as.
sumption OF another nationality.
, The following official exposition of the
views of the Government has been written
. since the brief letter 10 lie Clerc, and will
. serve to explain its meaning -
DEPARTMENT OF STATE, !
Washington, June IA, 1859.
n SIR: In answer TO your letter of the 9Th
inst, have TO inform you that the bre
n letter from :hs Department, TO which you
e refer, dated the 18th of May last and ad
), dressed TO Mr.. +. LIE Clerc, was in reply tc
: an application for information, and was prin.
: cipally TO recommend canton to our natu
: ralized fellow citizens, natives of France, in
+ returning to that country, as the Opera.
d tions of the French conscription law were
h not precisely known here, and might beal
: inIuriously upon that class of American
e citizens. Most of the continental European
o nations have system of military organza.
: tloH by which their cllizens are compelled
n to serve in the army, by conscription, as in
If France, where the duty is designated by lot
Il or by draft as in Prussia, where every per
g son is required 10 take his turn as soldier
! The condition of American naturalized cit
s zens, returning 10 their native country
s where the system of compulsory service
+. prevails, and who left before performing
s such service, has frequently been The sub
:. ject of discussion with some of the Euro
!. pean powers.
II Quite recently it has arisen between The
i United States and Prussia ,and the represen
- tatve of this country at the court of Berlif
q has brought the matter 10 the attention o
the Prussan government. In the instrac
j. tions which were sent to him, dated May
II l2, 1859, it was explicitly stated that this
/ government Is opposed 10 the doctrine o
Q perpetual allegiance and maintains the
+, right of expariation and the right TO form
e new political ties elsewhere Upon this
4 =.