Year: 1859

ted States. Should he return tn b;s .;,
country, he returns as an American ci,;vor


and in no other character. In order to an,i,


tie his original Government to punish him for
an offence, this must have been committed
whilst lie was a subject and owed allegiance
to that Government The offence must have
been complete before his expatriation. It
must have been of such character that he
might have been tried and punished for it at
the moment of his departure. future liza.
bility to serve in the army will not be sufi-
cient because, before the time can arrive for
such service he has changed his allegiance
and has become citizen of the United States.
1t would be quite absurd to contend that a
boy, brought to this country from foreign
country, with his fathers family, when but
twelve years OF age, and naturalized here who
should afterwards visit the country of his
birth when he had become man, might then
be seized and compelled to perform military
service, because, if be had remained there
throughout the intervening years and his life
had been spared, he would have been bound
TO perform military service. To submit to
such principle would be to make an odious
olsunctlon between our naturaliZed and ma
1--WE citzens. For this reason in my dispatch
W you Oh May IL, 1889, and again in my letter


10 Mr. Hotter OF the l4th ult., l confine the for
JNtiSN'NIiOi III ItSdTu 10 our naJurallZe0
cltlzens to such of them as were in the army
or actually called into it at the time tbey left
Prussia That is, to the case of actual deser-
ton refusal to enter the army. after bav-
ing been regularly drafted and called into it bv
the Government to which at the time thew
owed allegiance. 1t is presumed that neither
OF these cases presents any difficulty in point
OF principle If a soldier or q sailor were TO
desert from our army or navy, for which Of
fence he is liable to severe punishment, and
after having become naturalized subject of
another country should return to the United
States, it would be a singular defence for him
TO make, that he was absolved from his crime
! because after its commission he had become
subject of another Government. It would
be still more strange were that Government
to interpose in his behalf for any such reason.
Again, during the last war with Great Britain.
IN several OF the States-I might mention
pennsylvania in particular-the militia-m man
who was drafted and called into the service
was exposed to severe penalty if he did not
obey the draft and muster himself into the
service, or Ill default thereof procure sub
stltute Suppose such an individual, after
having incurred the penalty, had gone to
foreign country and become naturalized there
and then returned to Pennsylvania, is it possi-
BILE to imagine that for this reason the arm of
the State authorities would be paralyzed. and
that they could not exact the penalty? state
these examples to show more clearly both the
extent and the limitation of rightful Hanove-
rian jurisdiction in such cases. 1t is impos-
sible to foresee all the varying circumstances
which may attend cases as they may arise !:


but it is believed the principles laid down NAV
generally be sufficient to guide your conduct


" 1T is to be deeply regretted that the Ger
man Governments evince so much tenacity on
this subject. 1t would be better. far better.
tor them, considering the comparatively small
number of their native subjects who return to
their dominions after being naturalized in this
country, not TO attempt to exact military SER
vice from them. They will prove to be most
reluctant soldiers. If they violate any law of
their native country during their visit. thew
are, OF course, amenable like other American
citizens. 1t would be sad misfortune. if for
the sake of an advantage so trifing to such
governments, they should involve themselves
IN serious difficulties with a country so desi.
rous as we are of maintaining with Them tho
most friendly relations 1t is fortunate that
serious difficulties of this kind are mainly CON
hned to the German States-and especiallv
that the laws of Great Britain do not aptbor.
ize any compulsory military service whatever