New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-07-11

having during that accepted German passportior
the purpose OF enabling him to so to another pro'no
perfect himself in his trade it recently Jan III iop
held by the Attorney that this was such an
rupon OF his residence as to deprive him OF
from military service, notwithstanding his NATURALIZATION
in the United States Each must be judged upon 'S
own circumstances According to the opinion OF inc Az
torneyeneral in the case above mentioned the rect
tons contained in the record of naturalization as 10 resi-
dence etc. are not conclusive upon either TINS OF aIoregn
Government but when such rectss are shown by clear
evidence TO be erroneous they to Dc dsregardeo
The treaties referred to generally contain provision
that the declaration intention 10 become acie]on
Of one or the other country not for either party INC
effect of naturalization. independently OF inc uea"os
and long before them, the issuing passport 10 po
who has not completed his naturalization, was anu to
mains prohibited under penalties by act OF congress
The treaties in general provide that II subject OF eihcr
the respective powers who has been naturazed III the
United States renews his residence in the country OF MS
ORIGINAL allegiance without intending to return he snail
bs held TO have renowned his naturalization In the
United States The intention not TO return may DC heiu
to exist when the person naturazed in the one country
resides in the other country than two years, but
his presumption may be rebutted by evidence 10 the
contrary The treaties in general further provide that
naturazed citizen of the party, on returning to
the territory Of the other party remains liable to trial
and punishment for an action punishable by the laws OF
his original country, and committed before MS emlgra-
tion saving always the limitation established by the
laws OF his original country of Them for example,
Baden Bavaria, and WUrtemberg, add 3" OF other re-
mission Of liability to punishment"
LIABILITY FOR MILITARY SERVICE.
The State Department does not undertake to give in
formation in respect TO the statutes of limitation
prosecutions for criminal military ofenses or other
remissOns OF punishment allowed by the domestic Jus-
prudepce Of foreign Powers, any Of them. Citizens
interested in the question must seek suck information
elsewhere The Ministers Of Justice and OF the Interior
of the North German Union announced by circular that
the punishable action committed by the unauthorized
immigration of a subject shall not be made the ground
for final prosecution upon the return of such person to
his former country after absence of not less than five
years and his naturalization in the United States
similar intention is declared in the explanatory protocol
accompanying the treaty with Bavaria, and 1t
may reasonably be supposed that the other Powers
with whom we have treaties on this subject VIII
eopstrue them with the same beraty. In respect TO
prosecutions for the failure TO discharge military obga
tionswhich is the principal cause OF apprehension to
nlturalized citizens visiting their native Countrywide
following provisions, in substance with but slight verbal
variations not regarded material are contained In the
treaties with Austria and Hungary, Baden, Hesse
Darmstadt and Wrtemberg in the explanatory pro
tocols accompanying the same
naturazed citizen Of the United States is liable to
trial and punishment for the nOnfulment OF military
duty according to the laws of those countries respect
lively:
If he has emigrated after he on the occasion of tho
draft from those owing military duty. has been enrolled
as a recruit for service in the standing army
II he has emgrated after he stood in service under
the flag had leave of absence only for limited time
g. IT, having leave of absence for unlimited time
OF belonging the TO the militia he has emf
grated after having received call into service or after
public proclamation requiring his appearance or ater
war has broken out.
With these exceptions the powers last enumerated
have in effect pledged themselves that their former sub
iecs naturalzed in the United States Will not, ON Wis
tng their native country be held subsequently to mill
tary service nor liable to trial aud punishment
for non-funllment Of military duty. While the Gov
erument can give guarantee on the subject it may
reasonably be expected that the other Powers with
whom we treaties will be DESTROYS Of conforming,
so far practicable to the rule last given 1t Is to be
Observed however, that the superserviceable zeal or
ignorance of officials civil and military may often
tempt them arrests and institute prosecutions
which they suppose justified not required by the
laws OF their country. Such arrests may necesstae
appeal TO the judicial tribunals, necessity which not
the ground for national complaint reclamation. They
may even require that the pardonng power OF the SUI
preme Government be called upon. In either
citizens are exposed TO the hazard Of arrest and military
confinement, delay, and the expense of legal proceed
ngs What precedes has been coaed from the treaties
of the United States with the foreign Powers mentioned
and as statement of the position of these Governments
Is precise and trustworthy but in respect to those
tries with which we have treaty stipulation cit
izensbip and naturalization information is less positive,
since the practice OF those Governments only be de-
termined from precedent OF from their staue-books
THE construction OF their laws belongs to the judicial
tribunals Of the countries in which they are promu-
gated and is not dependent Interpretation Of
them 1t must be understood, therefore, that what fol-
lows collected authors OF good repute and other
unofficial sources and is given probably authentic
but without affirming its accuracy
FRANCE.
with this qualification it may be said that in regard to
il seems TO be the opinion Of French urss that
French subject can at any time, by his own act and
without express permission Of his Government transfer
hs to any country which consents to natural
lie him. BY so doing by acceptance, unauthorzedby
the head OF the State Of public functions conferred by
foreign Government or taking military service under
foreign Government without such authorization, he,
the code Napoleon terms II, loses the quality Of
Frenchman" Second No foreigner in the
armies of Frances Frenchman, therefore, naturazed
in the United States cannot be held to the performance
Of military service in France Third After three years
from the date of the naturalization of Fenchman in the
United States any liability TO military service is cOnst
cred removed by lapse of time IT. therefore, Frenohman
is drafted and fails to respond to the requirement, he
will not be held to accountability for such derectOn of
duty after the lapse Of three years from his naturaza-
ton. Fourth: To obtain exemption, however the late
Imperial Government required that Frenchman natu-
rallied abroad II charged with failure to perform mill
tary service, should 60 before civil tribunal and show,
by properly authenticated papers, that his naturalization
was in conformity with the laws Of the country which
1t was effected II the tribunal is satisfied this point
it declares him TO have lost the quality Of French
man." This decision of the Court must be presented to
the Council of War of the Department and II three years
have elapsed subsequently to naturalization the accused