Interesting to Aliens.
In the Charleston Confederate Court
, on Monday, Judge
in the cases argued before him last week to test the liability of alien residents to conscription:
sustained the Conscription act, and held that alien residents were affected with all the liabilities it imposes.
The authority of Congress to pass the act was held in perfect consistency with the rule of inter national law, which imposed or the Government
of these States the duty of protection, and his drew after if, as its consequence, the obligation on the resident of obedience and allegiance.
During war alien residents in these States were considered by the other belligerents as much enemies as they who were citizens.
Their property, like that of citizens, is liable to reprisal, and the power of the Government
was exercised for the protection of the one as much as the other.
The obligations of the alien to assist in the defence of the country in which he resides is not denied, and it can only be by the Government
of the country which could determine the services he should render.
While he resides in the country, and has no other burthens imposed on him than such as every citizen bore, there should be no complaint.--Whenever a foreign country did interfere in behalf of its subjects resident under another Government, it never could go further than to claim the protection which the citizen has.--To give to the alien resident the same protection as the citizens, but affect them with none of the dangers which the citizens had to encounter, was to make the citizen defend the country for the benefit of the alien.
But it was denied that while the alien chose to reside there and receive the protection of the Government
of the Confederate States
, and that protection was equal to that which the citizen received, the Government
which claimed his permanent allegiance could interfere.
It did not give him protection there either as to his person or his property.
It permitted him to come into the territories of another Government, and that became responsible for his conduct to other nations.
Such had been the doctrine instated on in the case of Spain
The strict enforcement of the obligation on the resident to render allegiance and obedience in return for protection was asserted by the Congress
in 1776, by the several States, and by none more strongly than South Carolina
And the doctrine has since been maintained that a national character in war is quickly acquired.
At its commencement the alien may depart.
But if he does not do so, and continues his residence, he is identified with the country, and is regarded as an enemy by tire other belligerent.
The above is an imperfect note of the opinion which contained an exposition of the rule of international law, as adopted from its foundation by the Government
of the United States
, and is to be considered, as still recognized in the Confederate States