Diary of Edward Bates, June 8, 1859

International Law — Naturalized Citizens — Their rights as such, against the claims of their Native Country —

The Mo. Democrat of June 10 (and various papers a few days older ⁸¹) contains a short letter⁸² from Mr. Cass,⁸³ Secretary of State, in answer to one Le Clerc of Memphis Tenn :, a Frenchman born but naturalized here. Secretary Cass tells Mr. Le Clerc, in plain brief terms, that his American Citizenship, by Naturalization, will not exempt him from the claim of the French government for military service, if he should expose himself to the power of that Government, by visiting France.

This seems very strange to me. The right of expatriation is denied by many of the Governments of Europe; but our Government has always affirmed it. Our Constitution and statutes affirm the right and regulate the manner of using it. Under these laws, Mr. Le Clerc is or is not a citizen of the U. S — Here at home, he is a citizen, as perfectly and absolutely as any native born. If he choose to visit France, his native country, with a pas[s]port in his pocket, vouching for him as an American Citizen, is he less entitled to the protection of this country than a native born American citizen with a like pas[s]port in his pocket? Or does Mr. Cass mean to affirm that any American Citizen, found in France, is liable to be forced into the army, to fight the battles of France?

I do not know whether, in the practice of the State Dep[art]m[en]t., there is any distinction made in granting pas[s]ports, between native and naturalised citizens — or whether the fact is mentioned at all.⁸⁴

_______________

⁸¹ E. g., the National Intelligencer of July 21, 1859.

⁸² It is copied into the diary. The original is in the archives of the State Department.

⁸³ Lewis Cass, of Michigan: governor, 1813-1831; secretary of War, 1831-1836; minister to France, 1836-1842; Democratic U. S. senator, 1845-1848, 1849-1857; secretary of State, 1857-1860. He was an imperialist, a strong nationalist, and a leading advocate of "squatter sovereignty" in the Territories. In December, 1860, he resigned from the Cabinet in protest against Buchanan's weak policy toward secession.

⁸⁴ The same passport exactly was issued to both native-born and naturalized citizens. This paragraph is added in the margin.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 23-4