Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1862-02-05
ARE ALIEN RESIDENTS OF VIRGINIA SUBJECT
TO MILITARY DUTY.

Tie following i, an ab.lrsct Of report OF J. Ran
dolph Tucker Esq, Attorney General of the Common
wealth. "relave to suhecug to military duty, alien res
dents Of Virginia" submitted the House OF Delegates
jan 2lst, 1862.
The question submit ted to the Attorney General BY
resolution of the House OF Delegates, Of J."uary II,
was "Wheher the law Of nations, az praecd 10 this
country will b, violated by subjecting TO military duty
persons bona fds doicled IN THIS ott, VIM nave Luz
become citizens thereof"
Since the act OF Congress OF 1892, made operative IN
Virginia BY our militia law OF the same year, none nave
been enrolled in the militia Of the State but citizens
thereof The Court of Appeals OF Virginia has decided
that an alien voluntarily enisng 10 the Army OF the
Uued not to be discharged by reason oil bis aen
aye The law of enistments in the Army ct the United
stes has varied according TO the exgencies oil the
tines Ia tho Of 1912, the quaif ion Of eIen-
ship was not rsquir lie ror and suoeq tent 10 ttat
war the law only auGhoiz ID the enlistment OF cilzers
Tie public Law Of the country since 1892 has setted
that while voluntary service OF an alien In the army wi
BE- acc pied military service will not be compelled ana
exscted OF any but cit zsns OF the State An alien may
contract to serve, but viii not be compelled 10 DO mill
try duty to the State. This practice established by
Federal and State laws for seventy year, must be taken
to settle the point 10 the law OF nations operating
upon this sui ect in Virginia II is also believed to be the
best considered opinions Of Iubcs.s upon the subject
In support OF this view ire of the Venus report
ed in crank PIT is cited in which tina Court Gays that
o. natios would require alien resident to take arms
against his native country refuse permission to him
to withdraw Mr. Wheaton in hs Elements OF lnterns'
toDa Law quotes this language with approval Va,teoook
3 Chap. 25S) IL also cited.
The repott considers that the redence Of foreigner
here for commercial and ether purposes according to
the Law Of nations and should not, under the more be-
nignaDt spirit Of the law Of naions now prevailing, be
coupled with condition that military servcs may be
e1acted Such policy would be an hilarious one 10
i oil N the alien whom. with
his capital energy and industry our free institutions
nave induced to seek domcie among US. British
writer the Law Of nations, Mr.. Pnimore quoted as
follows: Il would be sufficient to remark here, that the
rgh, of jurisdiction and authority over mere e0no
rant foreigner though ne be subdt smprdriu', does
not extend compelling him TO render civil or military
service"
In tho case cited from reports, to the obec
ton raised by the ae0 that his voluntary enlistment
might comp=i him TO fight against his native country
the answer of the court that he cannot complain be-
cause il is the e5c. OF his voluntary contract no
answer all in tue case OF compelled service Ia such
case the State eXacs from an alien domiccd here the
commission Of against his TEhtfu sovereign,
should service be compelled in wer with such sove
| reign.
Enlistment 10 the militia Is for military service, at any
call Of the State, for service 10 any war alens are
e. listed they must serve In any The question OF
enlisiing may then fairly be tested by tn, enquiry,
Whether State should compel alien domiciled here
for any special purpose, TO upon his own county
Justice to the man and other nations with whom we de
sire to mountain OF respect and friendship as well
as the historical practice Of the State for seventy years,
squire a answer in the negative.
The resolution OF the House refers to persons bona fas
domiciled In this State but no. c,I ms It may refer TO
such as ansieny here As TO such, the practice oil
the Stae would not authorize compulsory military SER
vice II may refer those resident here for pleasure
or health or business These the rules Of commercial
nations tend TO encourage, not TO prevent by undue
conditions imposed. Il may refer TO Others, who have
declared their intention to become citizens but have not
vet been naturaz,d. As such the same answer may
be given They still citizens subj Of foreign
power. They have Gseiorsd purp,s,, but have 70;
srseusd The purpose ia to renounce their former al
legisnce and TO become cz ns Of the Safe; but they
have not reuouuced that allegiance nor become citizens
Toe State by her law, ia not in condition to assert
her claim TO their service her citizens against the lac
yeti uarenounced claim of their native country.
These views are not in CO.. ct with the uuqlesioued
rghito receive upon voluntary enlistment any alien resi-
dent here There he contract binds him. He cannot
CON slain Of that but he might justly complain, it. against
or without his CONSENT he was compelled 10 enlist.