The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-07-09

[From the Washington Union, July ~
Reference having been made by some OF our CO.
temporaries to recent decision Of French court,
in case where military service in France was
claimed from a naturalized citizen of the United
States, who emigrated to this country in his boy
hood, we have obtained. in the proper quarter,
translation OF the decision, which we subjoin.
II will be seen that the principle contended for
by General Cass, in his instruction to Mr.. Wright,
Mt Berlin, on the Sth of July last, in the case OF
Christian Ernst, has been recognized by the French
tribunal. This precedent will il is hoped, have its
due effect in other European countries where our
naturalzed citizens are liable to be impressed into
military service
CAsE.-The complainant, native of Uhrviller left
France thirteen years ago to settle himself in Ame-
RIGA. He was then sixteen years Of age. In lS52
he became naturalzed citizen Of the United
States Of America. He returned to France in the
month Of May 1852 TO visit his family at Uhrvlfer,
but. notwithstanding his protest, he was included
on the roll of the census of the Commune
Of Uhrviuer for the class of 1859, as having
been omitted in the class of 1850 and has thus been
obliged TO draw lots. To escape the consequences
of the position in which he was placed Zeiter had
no other mode than to cause himself to be recog-
nized by the Tribunal as an American citizen In
consequence, he caused the Project of the Bas
Rhin to be summoned to contest the main conclu-
sions and determinations here above written, by
notification from the Usher Wurtz. of Strasburg.
dated the 2lst March, 1860. The cause having
come up the first time, the Tribunal by order
dated 18th April, 1850, ordered delay. that he
might obtain an attestation from the Consul of the
United States Of America at Paris that hc had re-
ally acquired the quality Of American citizen. The
cause being again called up for hearing this day,
he plaintiff produced the attestaton required by
theorer of the 18th April, and the parties respect
fully attend the decision thereon.
In Equity: Is there ground to pass upon the
claim of Zeiter?
What about costs, A. voLPERT.
Notice given and copy left with the Procureur
Imperial of the Tribunal of first instance for the ar
rondsement Of Wissembourg at his Office when such
officer being present and having looked at the orr
ginal and received copy by me, Henry Lewis Gar
mon, usher attendant on hearings at the Tribunal
and residence of Wissembourg, signed the I'd June,
1850. GARMON.
All l fran so.
Examined and received copy at Office at Wissem-
bourg, I'd June, 1850. RICHERT.
Registered, &c.
After having heard the respective arguments of
the parties, well those of the public admins
tratiOn:-
Considering that by the production Of the certif-
cate, which was delivered to him the % tn May
past by the Consul General of the United States at
Paris, and which has been registered at Wissem-
bourg this day, the plaintiff has proven that he is
an American citizen.
The Tribunal makes order in favor of the plaintiff
that, by production Of said certificate, he has salts
fed the judgment rendered by this court the 18th
April last.
In consequence, il declares and acknowledges
that the plaintiff, Michael Zeiter, by his naturaza-
ton in foreign country, has lost the quality of
Frenchman.