The Placer herald. [volume] (Auburn, Placer County, Calif.) 1855-1991, 1859-07-30
Naturalization. 1.-The effects thereof, in
and ont of the United States.

1852 by Lewis Cass, at the head of the
Federal State Department, relative to the
protection of the na,uralized citizen by the
United States government when under GER
tain circumstances he (the citizen,) volunteer
lily returns within the dominons of his ma
tive country, is at this time attracting much
attention; not because there is anything new
or strange in tie position Of the Secretary Of
State, but because it is the interest of the op
position to the democratic party at this time,
as they imagine, to use it with view of pre-
JUDGING the minds of that class of American
citizens. This letter of Mr.. Cass' is a brief
note of some six lines, 'principally intended
(says Mr.. Cass, in a recent and elaborate
communication on the subject,) to recon-
mend caution to our naturalized felow-citi
zens, natives of France, in returning to that
country; as the operations Of the French con
scription are positively known, and might
bear injurously upon that class of American
citizens"
This it must bead mitted was commenda-
Die and humane caution on the part of the Sec
rotary of State; because if one of our naturai-
Etu CltiZeIS HAS UctH mo Tue ARMY
manned or killed at Montabello or Magenta,
during the discussion of the matter between
the French government and our own, if would
would be but poor satisfaction to the person
or his relatives, to know that the question was
Subsequently decided in favor of the position
taken by the government OF the Z. States.-
What advantage would this be to the wife or
children of Felix LIE Clerc, if he have them?
The position really maintained by our gov
eminent is that, "naturaized citizens return
ing to the country of their birth, are not H.
able to any duties on penalties except such as
'cere IN existence at the time Of their emigra
ton" See TIE letter Of Mr. Cass Of the 10th
Of June, 1859. This rule is not dissmilar
to certain to certain laws that exist in the
U. States as between the different Stales-
For instance: the Insolvent acts of the differ
ent States.
A person owes debts contracted ia several
states, and is discharged from the payment
of them by operation of the laws of Caliior-
MIA, of which State he is at this time ci,i-
zen; the creditor cannot come here from
Massachusetts or South Carolina and enforce
the payment of his demand if the nsolvent
Has CllIUid IL III HIS ScIItuuIt, Out, ii lHt
debtor goes to Massachusetts or South Caro-
lima, he will be subject to the laws of those
States for the collection OF that debt and
may be dealt with in the most rigorous man.
ner. even to imprisonment, if such be the law
Of the State to which he returns.
Suppose per, on under sentence of i'm
prsonment for crime in California, leaves the
State before he is released from that sen-
tence, either by actual service or pardon, and
escapes to some country with which we have
limited treaty stipuations, the government
cannot follow the prisoner to his place of re
treat, but if he returns within the jurisdic-
ton of this, does any one doubt but what he
could be seized and made to serve out his
term Of imprisonment, although he may
have been endowed by the government to
which he fled, with the rights of citizenship
to the fullest EXTENT With reference to
the right of citizen to renounce his
allegiance, and thus make himself an alien, as
regards the land of bis birth, different opin.
ions are held.
The political tie between the subject and
the sovereign power is regarded by some as
absolutely indestructible. 1t was upon this
principle that, during the last session Ct the
legislature the Republicans and Brolerick
men maintained that Doctor Duncombe was
entitled to his seat in the Assembly. The
Doctor was a native Of the United States, he
went to Canada, and became member of
the Colonial Parliament, and during the
troubles of 1886 and 81, in that country,
was forced to take shelter in the U. States,
under a charge of being traito: to tbs
Grown. The democratic majority n The
House contended, that the Doctor had
become as far as it was possible for him
so to, do citizen under the crown of Great
Britain, and therefore he was AS to the coun-
try of his birth, an alien; and being an alien,
he must adopt the cours pointed out 10y our
laws, for aliens to become citizens. 1t was
an admitted fact that he had never prior to
that contest in the legislature taken the first
step toward that object, and they denied him
his seat. But what did the opposition do?
the men who now fault Mr. Cass so bitterly.
They answered: "You cannot deny this man
his citizenship, he is a native born citizen of
the United States-hs alleg .ance indissolub 9
to the country Of his birth, he cannot dis
charge himself from duty to his country, and
you shall not deny him the rights of citizen
ship. Thus reads the common law of Eng
land, and the law of all Europe Thus read
your own law writer's and the decisions of
your own courts"
These now over-seaous friends of the for
eign born citizens of the United States did
not then forsee how soon, for demagougeing
purposes, it would be necessary to repudiate
this position, and to maintain that person
might lawfully cast off all allegiance to the
place of his birth and to assume new ties
when and where he might and was pleased
so to do-and to maintain that when such
ties were inrmed il haroma the dulv of the