Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1862-08-28
ImpOrtant DecIsion-Foreian Residents Liable tc

/ $50 Military Duty.
An important decision affecting foreign residents has
been made by Judge Lochrane, of the Macon. Ca su
preme Court The question writ of hdbeGs cor
brought by an procure his discharge from the
In delivering the opinion of the Court Judge Locbrape
denounced unparng the pretex OF foreign allegiance
view of the doctrines of allegiance held In yarious coun
hat illustrated nothing that would Courts
here and that Government had the power of
scrbiDg and pereeng its system of granting citizen
chip no rule OF international law was laid down or adopt
ed In view of this fact proper ascertain the law
Of Georgia on the aubjecs
At the time of the secession the State the law of c
zenshU was controlled under the o. Constitution by uni
form rules of naturalization but when Georgia became
free and independent sovereignty prescribed herself
the manner OF comforting citizenp, with policy
arged patriotism she adopted ordinance making every
person, at the time of secession residents in borders
citizens OF the State. This not compulsory act
gift of privilege to be accepted by residents foreign
birth in the nature of letters patent under the English
tenn where citizenship &c donGone regis The per
not desr become ctZona were required to give
notice Of the fact by fling the Clerks Office the Courts
their papers effect The reason of this was ohvions
The status of each individual important to he known
Relying the fidelity OF her citizens Georgia was DESTROYS
OF ascertaning all who dsreg arded the obligation Under
this ordinance the petitioner became citizen Georgia
he was with the scope aud jurisdiction of the law, and
power the Judge held that Georgia had the right to pass
tie law, for questions OF citizenship solely and exclu
gyey Within" her own mode and manner of legislation
Inc petltloner having accepted tho citizenship con-
ferred, became, on the entrance of Georgia into
the Confederate States, citizen of the Confederate
and morally resting upon him. In trictness of language
he was alien, but citizen Sc doHattone regis" He
had accepted the benefits of the law it's mmuniies and
privileges and he, and all in his condition, must in
opinion of the Court, stand the responsibilities
tails That military service is the duty of the citizen of
georgia, is too plain for Argument The thousands who
day endure the hardsps the camps and the pers ohe
held attest it, The petitioner being citizen by of the
convention and his own acceptance then he is liable to
military duty Aliens have always claimed the right Of ex
patriaton and spurned foreign fealy ignored onarchs
and Kingdoms and proudly accepted American doc
rEe the right of carrying their allegiance with their per-
nj Mt he nha
over them comes too Late If they owed allegiance to for
why did they not SOP In the opinion Court men
OF foreign birth in Georgia at the time of secession owe
their allegiance to the Confederate States by of
their citizenship in Georgia and the of the State and
should have exemption from the duties devoYed
other cdzens. 1t to say the least convenient
method OF casting upon others the defence OF their homes
properly and families 1t would be sho wing timd
respect tor the rights of foreigners to release them from
military duty when, under tbs laws of Georgia, differ
ence known between her citizens from whatever cline
they hail. In return for the immunity privileges and pro-
lection granted and guaranteed them, they must ecog
MIS- an allegiance which legal and should be natural
This was time for adopted citizens fater the road
OF duty In the hour of sunshine and Georgia
the home of their adoption and CHOICE that the
storm OF bowls her mounsins and along
her shore they must illustrate their adoption by acts of
tlom and not disgrace their loyalty by pretex of for
eigD allegiance
The Judge remanded the petitioner to the custody of
his ocers with an injunction that he would show his ap
pecauon OF this country by acts of courage against its
enemies,