The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-08-04
The Espns,i"tio" Ousstton.
oriSIoS OF ATTORNEY GENERAL uLAcE

OPINION or ATTORNEY GENERAL uiAck.
WAnuSaroS. July ls.--Attorncy Gene.
tai black has, In compliance with the re-
quest of the President Of the United States
rendered an opinion in the case OF Christian
Ernst, u native Of Hanover. and who emf
grated TO this country in 1881 when be was
about nineteen years oI age.
The subject was recently made th, basis
OF "a communication Ia our Minister ut Der.
lin, who was instructed TO demand the RI
lease Of Mr. Erus,.
II appears tina, he was naturaliztd las,
February. and in March. after procuring n
regular passport, he went back to Hanover
on u temporary visit. lie had been in the
village where he was born abou, three weeks,
when he was arrested carried to the ncarcst
military station, forced into the llanovcrian
army, and there he Is at the present time.
unable 10 return home TO hts family and
business, but compelled, ugaiDs, hs will, to
perform military service.
The Attorney General saws that this il n
case which makes il necessary Tor the gov.
,rDment Of the United States 10 interfere
promptly and dcclsively, or acknowledge
that We have no power TO protcc, natural.
led citizens when they return to their ma.
tive country under any circumstances what
ever. What you will do. must. of course.
depend upon the law OF our own country, as
controlled and modified by the law o, ma.
tons the Constitution OF the Cni,cd States.
and the acts Of Congress.
The natural r,ubt nf .v,rv t,,., ,,,rsn,,
who owes no debts. aud is not guilty o, any
crime. 10 leave the country of his birth. and,
in good faith, and tor an honest purpose
the privilege Of throwing oil hi. natural
allegiance and substituting another allie,
glance IN i,s pace-the general right, in
one wori. OF repatriation. is lncon,cstabc
] know that the common law oi England
denies II, that the judicial decisions OF that
country are opposed to IT, and that some II
our own courts mlslcd by British authority,
have expressed Though not very dccsiyely)
the SAM opinion Bu, all this is very Tar
from settling the question. The municipal
code OF England Is not onc of the sources
from which We derive our knowledge of in
ternatonal law. We take II from natural
reason and Justice. from writers OF known
wisdom. ani from the practice of ciyilizyd
nations.
All these are opposed 10 the doctrine OF
perpetual allegiance. IL is too Injurious 70
the general interests OF mankind a. bc to.cr
ated. justice denies that men should be
confined 10 their native soil or driven away
from !, against their own will. \ man
may be either eSilej " imprisoned for M
actual offence sgalns, the la~ OF his country.
but being born IN II is no, crims tor which
either puulshmcu, can b. Justly inflicted
Among writers on pgblic law. the prcpon.
dcrHnce In weigh, oi authority as well as
the majority m uumb,r concurs with Cicero.
who declares tina, the RICH, OF cNla,ria,lou
Is the hrmcst foundation of human ir,edom.
aud with Byukcrshock. Who utterly denies
that the territory NJ State Is the pr,sOu OF
her people. In ptac,lc ~ nation ou earth
walks, or ever dd walk by the rule OF CON.
mon law. All the couu,ri,ssoi Earop, ha,,
receiv~i aud adopted and na,araliEcd III,
citizen. VI one aDoth,r They have al ca.