Important decision — foreign residents liable to military duty.
An important decision affecting foreign residents has been made by
Judge Lochrane, of the
Macon, Ga., Supreme Court.
The question arose on a writ of
habeas corpus, brought by an alien to procure his discharge from the
Confederate service:
In delivering the opinion of the
Court,
Judge Lochrane denounced unsparingly the pretext of foreign allegiance as an exemption from military service.
He said, after a review of the doctrines of allegiance held in various countries, that they illustrated nothing that would control Courts here, and that every Government had the power of prescribing and perfecting its own system of granting citizenship; no rule of international law was laid down or adopted.
In view of this fact it was proper to ascertain the law of
Georgia on the subject.
At the time of the secession of the
State the law of citizenship was controlled under the
U. S. Constitution by uniform rules of naturalization; but when
Georgia became a free and independent sovereignty, and prescribed for herself the manner of conferring citizenship, with a policy of enlarged patriotism, she adopted an ordinance making every person, at the time of secession, residents in her borders, citizens of the
State.
This was not a compulsory act, but a gift of privilege to be accepted by residents of foreign birth in the nature of letters patent, under the
English system, where citizenship was
ex donatione regis. The persons not desiring to become citizens were required to give notice of the fact by filling in the
Clerk's Office of the Courts their papers to that effect.
The reason of this was obvious.
The status of each individual was important to be known.
Relying on the fidelity of her citizens.
Georgia was desirous of ascertaining all who disregarded the obligation.
Under this ordinance the petitioner became a citizen of
Georgia; he was within the scope and jurisdiction of the law, and failed to file any paper of contrary import.
As a sovereign power, the
Judge held that
Georgia had the right to pass the law, for questions of citizenship were solely and exclusively within her own mode and manner of legislation.
The petitioner having accepted the citizenship conferred, became, on the entrance of
Georgia into the
Confederate States, a citizen of the
Confederate States, with all the obligations of citizenship legally and morally resting upon him. In strictness of language he was not an
alien, but a
citizen ‘"ex donatione regis."’ He had accepted the benefits of the law, its immunities and privileges, and he, and all in his condition, must, in the opinion of the
Court, stand up to the responsibilities it entails.
That military service is the duty of the citizen of
Georgia, is too plain for argument.
The thousands who to-day endure the hardships of the camps and the perils of the field attest it. The petitioner being a citizen by act of the
Convention and his own acceptance, then he is liable to military duty.
Allens have always claimed the right of expatriation and spurned foreign fealty, ignored monarchs and kingdoms, and proudly accepted the
American doctrine or the right of carrying their allegiance with their persons wherever they might go. But the ‘"change coming over"’ them comes too late.
If they owed allegiance to foreign powers when
Georgia passed her act of citizenship, why did they not say so?--In the opinion of the
Court, men of foreign birth in
Georgia at the time of secession, owe their allegiance to the
Confederate States by reason of their citizenship in
Georgia and the act of the
State, and should have no exemption from the duties devolved upon other citizens.
It was, to say the least, too convenient a method of casting upon others the defence of their homes property, and families.
It would be showing too timid a respect for the rights of foreigners to release them from military duty, when, under the laws of
Georgia, no difference is known between her citizens, from whatever clime they hail.
In return for the immunity, privileges, and protection granted and guaranteed to them, they must recognize an allegiance which is legal, and should be natural.
This was no time for adopted citizens to falter on the road of duty.
In the hour of sunshine and peace
Georgia was the home of their adoption and choice, and now that the storm of war howls upon her mountains and smokes along her shore, they must illustrate their adoption by acts of patriotism, and not disgrace their loyalty by pretexts of foreign allegiance.
The
Judge remanded the petitioner to the custody of his officers, with an injunction that he would show his appreciation of this country by acts of courage against its enemies.
