Kanawha Valley star. [volume] (Charleston, Va. [W. Va.]) 1856-1861, 1859-08-09

within its jurisdiction" This principle
is too well established to admit pf seriouaI
CONTROVERSY. Ifone Of our native or nat
uralized citizens were to expose himself
ID punishment By the commission Of an
offense against AIRY of our laws state or
national, and after wards become nat
Furalized subject Of 4 foreign country be
would not have the hardwood to contend,
upon voluntarily returning within ourju.
risdiction, that his naturalization relieved
him from the punishment due to his
hcrime /; much less could he appeal 70 the
Igoyernment Of his adopted county to pro;
tect him against his responsibility. TO tl,e
United States or any OF the States This
government would not, for 4 moment lis
ten to such an appeal. 3" s> Iii NJ
Whilst these principles cannot pc con
tested, great care should f.be taken, IN
their application, especially to onr aatur-
allied citizens. The moment Al foreigner
becomes naturalized bis allegiance TO his
natiye country is severed forever. He
experiences 4 new political birth. A
broad and impossible lane separates hmm
from his native country. He is no more
responsible for anything he may say or
lido, Of omit 10 say or do, after assuming
his new characters than II he had oeen
born in the United States. Should he
return I'd his native country, heEreturns
as an American citizen aud in no other
character. In order to entitle his origin
Al government to punish him FIR an Of,
fence, this must have been committed
whilst liz was subject and owed allegl-
ance to that government. The otfense
must have been complete before his ex-
patriation. n 1t must have been -of such a
character that he might have been tried
and punished for it at the moment Of his
departure. a future liability to serve in
The army will not be sufficient because,
before the time can arrive Tor such SER
vice be has changed his allegiance and
has becomes citizen. of the United States.
Ii would he quite absurd to contend that
a boy, brought to this country from
foreign country with bis father's family
when but twelve years Of age and natRr-
allied here, who should afterwards visit
the country Of his birth. when he had be.
come 4 man, might then be seized and
compelled to perform military service,
because, If lie had remained there
throughput The intervening years, and lis
life had been sparaa, he would have oeea
bound to perform military serr iee. Vf..
G, Tos'subtnit, 10 such aprincipleI would
BE- to make an odious distinction between
our naturalized and natiye citizens. For
this reason, in my dispatch q YOU 53of
May 12, 1859, and agaip in mylstter TO
Mr.. Hofer Of the 18th ultimo,s / Eoufhe
the foreign iufisdictioni ia regard 10 our
nasufalized citizens TO such Of them as
~ we're III The army or actually called into
ill., al the time they left Prussia That
IS, TO the case Of actual desertion1 Or a reE+
fusal to enter the army after having been
regularly drafted and called intd is#by
tile government to whichiat the tinas they
owed allegiance. 1t i presumed that
neither of these cases pfesents any diff
Guilty in point Of principle. II a sQldief
OF sailor were to desert from our army
Or navy, for which oaense lie is liable 10
d severe punishment. and after having be-
I-comq a n4turahz5l subject of another
country, should return to the 4 United
States, it would be- singular defense for
| him to make thai he was absolved from
from his crime because; after its commits
I si6n, he had become subject Of another
government. 1t wout be still more
strange were that government to inter
pose in his behalf for any such;'reason - -
Again during tho last war with Great
Britain, in several of.tlFoiStates---I might
mention + pennsylvania id PARTICULAR the
militia. man who was drafted and called
! into the service was exposed to 4 Severe
penalty il he did not obey the draft and
muster himself into the service. OH, lin de
/ fault thereof, procure a substitute. Sup
pose such an individual after having in:
fcurred this penalty. had gone tota for
Ieign country and become naturafized
there and then returned ID Pennsk ysnia
lis it possible to- imagine thar Ton thi:
reason the arm Of the State authdritie:
would be paralyzed, and that they eoult
not exact the penalty /? 4 state these ex
4 amples to show moro clearly both the ex
III GeilL anu Giib lilHiItllVH VI 1iSHtiu iiehp
2fvetiah Jurisdiction in such cases. 1t j.
n impossibleI to feresee all the varying cir
!, Ecumstarces. which mayf.attend cases a:
'tthey- may arise but 1itis believed tina
1.-THE principles laid. down may centrally
4 be sufficient to guide Your conduct, III.
I'll ! Tits Ato be deeply regretted that tn
. German governments evince SO muqh to
''faacity on this subject. lItiwould be bet
!, tqr, lar better, for them, considering I'll.
], comparatively small number of their ma
!, native subjects who return to their do
luminous after being nataralizedI ini thi
country. not to attemptIto exact mihtar
service from them. They will prove t
Z be most reluctant soldiers. If theytvio
! Iate=apy law Of their native country dur
ing their visit, they are ofIeourse, auda
!, BILE like other American citizens ]
! : would be a'sad lmisfortanefif, fortsheIsa2>
Of an adv ant. y. 50 tritllng 70 such gov
! ernments, they should involve tthemsslye
|, in serious difficulties Withla country 5
! DESTROYS as We ARE Of maintaining wit
|, them the most friendly relations. IL i
!. fortunate that serious difficulties Of thi
: kind are mainly confined 10 the Germa
: States and especially that the laws
! Great Britain do not authorize any con
pulsory military service whatever.