Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-06-28


The only excuse offered for the pusilanimoua
Cass concession is old fogy precedent Some
9r the Dsmooraiio spologista for humiliatiug
our Gag at the beck Of foreign despots, assert
d. 10 ground taken BY Cass is identical with
that always held by the Federal Government
from the time of lie organization. Now the
fact is that the very government Cass cowardly
surrendered the right Of naturaized citizens to
in his letter TO lie Clerc, recognized those rights
Z few years ago in the most emphatic manner
'She case TO which we refer is az follows:
Francis Allbert, native Of the Department
de Var, in the south of France, lett there during
the drawing Of the consciiption in 1889, and
was actually drawn as a cOnscript and was
therefore an eohape De Ia c0RseriptiOn. lie ar
rived at New Orleans, made the usual applica'
ton for citizenship, and was duly naturalized
in 1916 He was successful in business In Lou
ibiana, and in Jelly, 1852, after an absence Of
nearly fourteen years, he visited his family in
| lis native village, and, under the vigilant po-
| lice in France, he was arrested in twenty four
| hours after his return. He Immediately wrote
to Mr. Hodge, the nearest American Consul -
| The latter, that he might the better attend TO
| the case Immediately requested that Mr.. ALI
| quest was promptly acceded to by the General
| il. Chief commanding the military division -
He was there brought before the Tribunal de
| Gusrre as an InS0Hmis, and condemned Mr..
! Allibert was willing TO pay four thousand francs
for a substitute but Mr. Hodge would not al
low him even to make the offer but obtained a
rehearing of bis case, appeared in person be-
fore the Tribunal de GHerre, and pleaded the
case; and after two trials and detention Of six
months, he was acknowledged an American citi.
zen, and orders came from the Minister Of War
al Paris, directing his release Mr.. Hodge
| gave him passport, which was vised by the
police, and with which he remained some
| weeks with his family, Travelled through France
and embarked at Havre on his return to the
United States
The correspondence on file in the Depart
ment Of State gives the full details Ofthe case,
and Mr. Everett, the Secretary Of State under
Mr. Fillmore, on the Sd of March, 1853, (the
last day he was in office,) wrote complimen.
tary letter to Mr. Hodge, in which he says
! "The Department was gratifed to learn that
NJ. Allibert, whose arrest and imprisonment as
an h1S0untis, although naturalized citizen of
the United States, as mentioned in your com
municatiOns, has been released This is un-
doubtedly due to the firm and decided stand
maintained throughout the long controversy ia
your official correspondence with the authori-
ties on the subject" "
1t is much to be desired that this case may
be considered as a precedent, as yOu intimate
and that hereafter ndturalized citizens Of the Uni
ted States may Disit France toiih ut danger d
arrest for miiitGry service. In this event. a
fruitful source of irritation and unfriendly feel
ing will be avoided"
The position here taken by the Fillmore admin
istration, well remarks the Pittsburgh Gazette
is undoubtedly the correct one-so correct that
as will be seen, the French Government, awet
by the determined stand of our national author
ities, recognized and admitted it as in harmony
with the true Interpretation Of international law
This very fact, that such an admission was thu
obtained from the French Government, ucreas
es the wickedness of this administration il
abandoning concession Of so much value t
the adopted citizens of this country. The case
proves, also, that firm stand taken by our gov
ernmGnt against the claim Of foreign one tha
naturalized citizens of this country owe it ant
may be compelled to render it military service
need not involve this country in a foreign war
The French government yielded when we resist
ed this claim in 1852, and it would yield now
as it did then, if we had an administration a
jealous of the rights of its citizens as it seems
he reckless in abandoning them.