The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1862-08-22


An important decision affecting foreign residents
hu been made BY Judge Lochrane. Of the Macon,
Co. Supreme Court The question arose on a writ
Of habsos corpus, brought by an alien toiprocure
bis discharge from the Confederate service:
In delivering the opinion of the Court Judge
Lochrane denounced unsparingly the pretext Of
foreign allegiance g an exemption from military
service. He ssid, after . review Of the doctrines
" allegiance held in various countries that they
illustrated nothing that would control Courts here
sn d that every Government had the power of pre-
scrihiug$and perfeeting its own system OF granting
down or adopted In vist Of this fact it was pro-
lr TO ascertain the law Of Georgia the subject.
At the time Of the secession Of the State the law
Of citixenship Was controlled under the u. g. Con-
stitution by uniform rules Of naturalization but
when Georgia became Q free and Independent
sovereignty and prescribed for hsrself the manner
Of eonfertng citizenship with q policy of
enlarged patriotism, ale adopted an ordinance
making every person, at the time of seces.
sfon residents in her borders, citizens Of the
Stale. This wss not q compulsory act, but
gift Of privilege to be aecepet by residents Of for
e;gn birth In the nature Of letters patent, under
the English system, where citizenship was e1 do
aafcHe regis. The persons not desiring to become
citizens were required to give notice Of the fact by
Cling In the Clerks Office Of the Courts their pa
pers to that effect The reason Of this was OBJ
tsnt to be known Relying on the fidelity Of her
Guzens Georgia was desirous Of ascsrtanng all
who dsregsrded the obligation. Under this Ordi-
nance the petitioner became q citizen of Geors ia
10 was within the scope and Jurisdiction of the
law, and failed to file any paper Of contrary I'M
port A sovereign power. the Judge held that
Georgia had the right to pass the law, for ques.
i,oEs o. citzsnahip were solely and exclusively
within has own mode and manner OF legislation.
The petitioner having accepted the citizenship
conferred, became, the entrance Of Georgia into
the Confederate States. citizen Of the Confederate
States With all the obligations of ctsenship legally
and mr. nSr
Gusge he wss not alien, but citizen 'ex donatioNe
rfes" he had accepted the benefits of the law, it's
immunites and privileges, and he, and all In his con-
dton. must In the opinion Of the Court stand up to
the responsibilities 1t entailA That military ser.
vice L. the duty of the citizen of Georgia. 10 too
plain for argument The THOUSANDS who to-day en-
aure the hardahips Of the camps and the perils of
The field attest It. The petitioner being citisen
BY act Of the Convention and his own scceptance.
then be Is liable to military duty. Aliens have al
ways claimed the right Of expatriation and spurned
foreign feAlty, ignored monarchs and Kingdoms,
md proudly bccepted the American doctrine or the
sans wherever they might 60. But the change
coming over them comes too late. II they owed
allegiance TO foreign powers whes Georgia passed
her Get Of citizeuship. why did they not say s0s-
p GsoFsa q tie time Of ssessaon. owe their alle
Exnes 70 the Confederate States by reason of
thsd ctdSenship In Georgia md the act Of the
Hsats, and should haye NO exemption from the
duties dsyolved upon othsr citlseuA It was. to
ssy the Least, too conyenisut method Of casting
upon others tbs defence OF their homes, property,
sAd families. 1t would b Ahowiug too timid Q rs
spsct for the rights Of foreigner 70 release them
from military duty, when, uudss ths laws Of Geor
"a no difference u known between her citizens,
from whatsver CLINE they hail In rsturn for the
mmunlsy privileges, and protection granted and
gaafsnteed to them, they must recognise IN allie.
ranes which is legal, and should b natural. This
was NO time for adopted citssns TO falter ON the
Ioad Of daty. In the hour Of Sunshine and peace
0eorgta was the homo Of their adoption and choice
md now thst the storm Of war bowls upon her
mountains and smokes along her shore, they must
ulnstIass their adoption BY acts Of patriotism. and
aot dssrscs their loyalty BY pretexts Of foreign
The Judge remanded the petitioner TO the Gus
p!y o. hls oiacsrS, with IN Injunction that he
sad show big appreciation Of this country by acts
oI cctr2se sgGinytitS enemies.