Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-08-28
Residents subiect 50 tho Perform
nnra If llilfa.arN EnmlE.


nnce sf Military Dnsy.
The Atlanta Inteltigeneer gives a synopsis Of a
very interesting and important opinion of the
Hon. o. A. Lochrane Judge Of the superior
c)urt, Macon circuit, in regard to the liability
of foreign residents to the performance of mill
tAEy duty. The question arose upon writ Of
hGbeas corpus sued out by an alien resident, in
order to procure his discharge from the military
service OF the ConfederacY:
In delivering the opinion Of the court, Judge
Loehrane denounced unsparngly the pretext Of
foreign allegiarcea as an exemption from miiiiaTy
service He said, aftsr review Of the doctrines
of allegiance held in various countries, that they
illustrated nothing that would control courts
here, and that every government had the power
of prescribing aud perfecting its own system Of
granting citizenship, no rule or International law
was laid down or adopted. La view OF this fact,
it was proper to ascertain the Law Of Georgia on
the subject.
At the time of lhe secession Of the State the
law of citizenship was controlled under the Uni
ted States Constitution by uniform rules Of nat
uralizstion; bat when Georgia became a tree aud
independent sovereignty, and prescribed for her
self the manner of conferriug citizenship, with
policy of enlarged patriotism, she adopted en or
dinaaee making every person al the time OF Sc
eeEsion resident in her borders, citizens Of the
State This was not compulsory act, but
gift OF privilege to be accepted by residents Of
foreign birth il the nature Of letters patent uu-
der the English system, where citizenship was
OF dOnati0Hs regis. The persons not desiring to
become citizens were required to give notice OF
the fact By fling in the clerks Office of the courts
ther papers to that effect. The reason OF this
was obvious. The status Of each individual
was important to be known. Relying on the
fidelity cf her ctiseus, Georgia was desirous OF
sscsrtaining all who disregarded the obligation.
Under this ordinance the petitioner became
citizen of Georgia; he was within the scope and
iursdc5iOn of the law who failed to file any
paper of contrary import. As sovereign power,
the judge held that Georgia had the right te pass
the law, for questions OF citizenship were solely
and exclusively within her own mode aud nan
ner of legislation. The petitioner. having &C
cspted the citizenship conferred, became, on tie
entrance of Georgia into ths Confederate States,
a citizen of the Confederate States, vita all the
obligations of citizenship legally aud morally
resting upon him. Ia strictness OF language he
was not an alien, bat citizen 'eG d0natiORe
regis" He had accepted the benefits OF the law,
iis immuDities and privileges, and he, aud ali
IN his condition, mast Ia The opinion Of the
court, staud up to the responsibilities it entails
That military service is the duty of the citizen OF
Georgia is too plain Tor argument. The thous-
a1ds who to day endure the hafdships Of the
camp and the perils of tbs field attest it. The
petitioner being citizsn by the act OF the con-
yentiOn and his own acceptance, then be IS liable
TO military duty. Aliens have always claimed
the right Of expatriaiion and spusned foreign
fealty, ignored monaTcls and KINGDOMS, and
proudly accepted the American doctrine OF the
right OF carrying their allegiance with their per
sons wherever thsy might go.
But the ':shange coming over them comes too
late If they owed allegiance to foreign powers
when Georgia passed her act of eitiz suship, why
did they not say sol la the opinion of the
court, men of foreign birth in Georgia at the
time of secession, owe their allegisnce to the
Confederate States by reason Of their citizenship
in Georgia and tbe act of the Ssate, aud should
have no exemption from the duties devolved
upon other citizens. 1t was, to say the least
too convenient method Of casting upon others
the defense of their homes property and fami-
lies. Il would be showing too timid respect
for the rights of foreigners TO release them from
military duty, when, under the laws Of Georgia,
no difference is knewn between her citizens from
whatever cline they hail. In return for the I'M
munity, privileges and protection granted and
guaranteed 70 thern they must recOgoize an al
legiance which is legal and should be natural
This was no time for adopted citizens to fslter on
the road of duty. In the hour of sunshine and
peace, Georgia was the home of their adoption
and choice, and now that the storm of war hOwls
upon her mountains and smokes slong her shore
they must illustrate their adoption by acts Of pa
Iriotism, and not disgrace their loyalty by pre-
texts of foreign allegiance.
The Judge remandsd the petitioner TO the
custody of his officers, with an injunction
that be would show his appreciation of this
country by acts Of courage sgainst It's enemies.