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

that insidiOus foe to domestic happincss--dn.
regard 2fHttk Min0s--and kissing her daugh-
ter with maternal pride and fondncss. she
thanked her for those simple child-like words,
which changed tho whole current Of her dcs-
tiny" Don't Pa tOre 10 sec yOu look pretty!'
Prom the Baltimore Patriot.
The Effect Of Naturalization upon Those
Who return to their Former Domicile.
In answer 10 on application, some days ago,
by native Of France, nnturalizcd in this
country, and residing in Memphis, to learn
whether his letters would protect him from tho
Claim Of military service to the French Gov.
ernmcnt, In case Of his rOluHtGry return 10
France, MIR. Secretary CasS replied that those
who voluntarily returned to their former DOM
icile or pace Of birth, after naturalization,
would not be exempt from the requirements OF
the laws OF those countries. This decision,
founded upon well recognized principles Of in
tcrnatiOna law, and the respect and comfy
between nations, has become Of much inpOr.
lance since the existence Of the present war in
Europe, and seriously aft, cts the convenience
and movements Of vast number Of natural.
lied citizens, especially in New York, where
they arc established in commerce, and whence
they are accustomed to visit every year their
former places Of residence on matters Of buSi.
ness.
Hence the decision of the Secretary hns
caused somc dissatisfaction, and an attempt
mas been made in some quarters to represent
1t as in conflict with the principle maintained
by this Government in the lato war with
Great Britain, undertaken because of her ar
rognnt claim to visit American ships on the
high seas, and impress therefrom, into her
own naval service, British-born subjects, not
withstanding their naturalization as Amcri-
can citizens 1t will at once be seen, by the
mere statement, that the cases, supposed
analogous or identical, are in fact widely diff.
iercnt, and cannot bc governed by the same
rule. In the case Of imprcSsment, as in the
famous Outrage upon the ChempeHkc by the
English trigatc Leopard. which was the I'M
mediate occasion Of the war Of 1912, there
was an invasion Of American territory 10 ves-
sci upon the common highways Of nations be-
ing universally held to be a portion of the
territory under whose flag she sails) by an
armed British force, and m attempt to enforce
British municipal regulations upon American
soil. In the case presented for consideration
OF the Secretary, the party voluntarily returns
to the territory from the operation Of whose
laws he seeks relief by his own act, ho
places himself where the laws, to which he
once was subject, assign him status and
su1jcction, from the consequences Of which he
claims relief lie knew the cxactiOn of those
laws, TO relieve himself from which may be
reasonably supposed TO be one Of the chief
causes OF his own expatriaton and willing.
ness to become naturalized elsewhere. lie can.
not complain, then, ifh he places himself again
within the jurisdiction Of laws which claim
this service Of oil born within their territory
lic has no right to require that the American
Government shalle9aim an extra. a.territori0l
authority for their statutes in contravention
Of the laws Of any country upon their own
soil. To attempt this, would be to claim for
ourselves the very thing we denied to others,
and to resist which We undertook a war with
the most powerful nation upon the earth.
The National Lntelligencer has we'll writ
ten article upon this matter, from which We
add the following lines:
I" In the case under consideration it is obvi.
ously the right of the United States, as Of
every independent sovereignty, to naturalizc
foreigners and to confer upon them the privi-
lcges Of their acquired dOmcilc; but, as these
privileges result entirely from the municipal
law by which they arc defined and guaranteed,
it is equally obvious that they are commensu.
rate only with the legitimate jurisdiction of
that law. To claim more is to claim for Amer
lean law an extra.tcrrtOrial force, which, as
has already been said, is in contravcntion alike
OF reason and Of the principles which are fun
damental to the law Of nations. The protec-
ton which this country affords to the natu-
raliZed citizen cannot bc properly extended to
defend him against the municipal regulations
prescribed by his own country, and which, on
his voluntary return, revive in oil their obi.
CATION upon him, il it be the will aud pleas.
ure OF his native country to enforce them
Our municipal law cannot avail to nullily the
municipal law Of other sovereigna Such was
the principle announced by Mr.. Marcy in the
case OF TOusig, an Austrian subject, who, af-
ter declaring his intention to become a citizen
OF the United States, voluntarily returned to
his native country, aud sought TO shield him
self from the obligations cniOincd by Austrian
law. Though his case did not call for full
enumeration Of the doctrine applicable to the
subject, in all its length and breadth, (as Tou-
sig was not n fully naturalizcd Citizcn,) Mr..
Marcy chose to define the principle appropr-
ate to the occasion in all its generality. From
his able State Paper Of that date We quote as
follows:
"TOusig voluntarily returned to Austria,
and placed himself within the reach of her mu.
nicipal laws lie went by his free act under
their jurisdiction and thereby subjected him.
self TO them. II he had incurred penalties,
or assumed duties, While Under hcse latcs, he
might hare expected they could be enforced
against him, and should have known that the
new political relation he had acquired, il in.
deed hc had acquired any, could not operate
as a release from these penalties Having
been once subject to tho municipal laws OF
Austria, and, while under her jurisdiction,
violated these laws, his withdrawal from that
jurisdiction, and acquiring 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 violated by any ono owing obedience
to them, whether he be a citizen or stranger,
has right to inflict the penalties incurred
upon the tranSgrcsSOr, If found within its ju-
risdiction. Tho case is notNltered by the char
acter Of tie laws, unless they are in dcroga-
ton of the wcll.cstablshcd International code.
No nation has right to supervise the muni-
cipal code Of another nation, or claim that its
citizens or subjects shall be exempted from
the operation Of such code, If they have vol
UNFAIRLY placed themselves under il. The
character of tho municipal laws of one coun.
try does not furnish a 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 subject
cd themselves to its jurisdiction"
In like manner, and at an earlier day, Mr..
Wheaton, while our Minister at the Court