Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-06-07
NEUTRALITY-SUSPICIOUS. Is IT WORTH


tain Ingraham er post ,,arto:. the thing w
done and it was best to stand by it: but
the same moment that Mr. Marcy wrote h
elaborate letter to llulSeman in assertion of Il
right of protection which Captain Ingraha
put in force he issued circular to all passpo
agents in America, prohibiting them fro
giving any sort of papers whatever TO an il
choate citizen to visit Europe--that is citize
who has declared his intentions, but has III
yet been fully naturalizcd
! WE'LL then it is believed at least that the full
naturalzcd citizen was assured of protection
all lands But our government is bccomin
more prudential since lel2-
The following letter. says the Memphis Bi
letin, has been handed us by Hume F. Hill
Esq. who has heretofore obtained passports fc
many Of our naturalized citizens, who wish I
visit Europe. 1t will be seen that they will nc
be entirely safe in relying upon their natu,a
ration for exemption from military service dt
ring the existing war:
DEPARTMENT OF STATE, !
To .Vr. ffiir LeC|,rc, Memphis, T,n":
SIg:-Your letter of the 18th instant ha
been received In reply have to state that
is understood that the French Govcrnmci
claims military service from all natives G
France who may be found within its jurisdiction
Your naturalization in this country will no
exempt you from that claim if you should vol
UNFAIRLY repair thithcr
am, Sir, your obc'licnt servant,
LEWIS Cas-.
Now, this simply gives up all prctension Il
nrnt rt N dc;, n,..r,,,b..n ..'pt.
French Government claims military service :
yes, and the English Government ciaims indie
feasible allegiance from all born subjects. For
mcrly the American Government asserted til,
right of expatriation; and even pretended
that American citizenship once conferred WA,
paramount to the claims of soycreigns II
is pity that this proud prctcnsion should bC
entirely yielded up; but when it is 50 yielded
nothing can be iaircr than to let us all distinctly
know it, rs the letter Of Gen. Cass has scrrlpu.
lou,ly done.
The above extract from the " Southern Citi
zen offers opportunity for the discussion Of a
mootcl question Of international law, very i'm.
portant in lis bearing on the theory Of orr
government, not less than on the dearest
interests Of our citizens
1t is not generally known To what extent.
and for what length of time, our Government
has practically ycllcl the great American doc
trinc Of Repatriation and naturalization.
1t was, if or memory serves us right. during
the administration Of President Van Buren,.
that 4 native Of Prussia who had resided for
years and become naturalizcd in the United
States, was seized OH PrusSian soil and iul.
prcsscdinto the military service Of the Kingdom
Application for relief was immediately made to
Mr. Henry Wheaton then L. $. Minister at Bcr.
lin, who refused TO interfere The ground
assumed by Mr.. Wheaton was that, al.
though the naturalization in the United
States was sufficient 10 ab>olve the naturalizcd
citizen from all allegiance TO his native sovc
rsiGiE. rsiiiiEI. So lqps rs lt, tbaplh5Glehin@r
l'rus>ian soil, the right OF rrussian sovereignty
was renewed Some years ago we devoted
much time to the study of this question, and
searched in vain for a recognized principle up
on which to justify Mr.. Wheaton's view Of this
case II is true that, as a general rule, the
statute or customary law Of each nation must
furnish the only rule Of decision within the
territorial limits of that naton but all authorities
agree that this undeniable principle is subject
to general and very important limitation
viz that the law of nations is the supreme
law, and that no statutory nor customary law
Of any one nation shall be permitted to
countervene any principle Of the international
code. If, then, the international code does re-
cognizc the right Of cXpatration, the foregoing
principle can have no bearing whatever OH the
question, and for an exposition Of the incidents
of eypatriation, we must look not to mere
codes, but to the necessities of the
case, on general and international principles of
reasoning and equity. We are the more care
fu to point out this, since the successive adj.
Of McS,rs Fillmore and Pierce
have attempted TO justify the impressmcnt OF
American citizens by foreign governments on
this mere ground Of territorial and municipal
jurisdiction.
The only ground Of international usage and
theory upon which Mr.. Wheaton could base
his doctrine of the renewal Of allegiance, would
be reference to the now exploded usage Of
the feudal system. Under this usage, which
indeed prevailed for long time in Europe,
vassals. like villcins, though not entirely to the
same extent, were regarded As appendagcs ol
the soil, and the sovereign of the soil claimed
their allegiance II they could escape from
the soil, they might accept service and enter
into the reciprocity of protection and allegiance
under another sovereignty. Yet on their re-
turn To the former soil, the old allegiance re-
vested, ips9 Jacto. This was the arbitrary
rule of feudal tcspotism, in times when no
we'll settled rules of international usage could
be appealed to-thc mere reitcration OF that
law of ''might makes right which at that
time furnished the only standard hy which Ia
decide questions among nations. Certainly
this fcudal usage will not be relied OH now,
even by the most arbitrary Of European mon
archieS
Mr. Whcatons action in the case referred to
can hardly be regarded as an authoritative pre-
cedcnt. 1t acquired no publicity beyond the
walls of the State Department, and OH care
full review Of the archives at Berlin, it seems tc
have passed. by, withou, an expression ol ap
prova or disapproval by the Government a
Washington.
The next instance which arose III Prussi;
occurred during the administration OF Mr. Fill
more. The then Secretary of State addressed
instructions to the Hon. Daniel d. Barnard
Minister to Berlin, refusing to interfere for tn
release of an American citizen, native Prus
sian, from forced service in the Prusslan army
We will not attempt at present, complete re
view of this document. We remember, dis