Mr. RAKER. Are there any concrete cases now pending before the department or before the courts anywhere involving those questions at the present time? Mr. ROGERS. There has been one very carefully considered case in the Federal Reports, if that is what you are interested in, the case of Ex parte Griffin, which was decided on December 2, 1916, by Judge Ray, the Federal judge for the northern district of New York. Mr. RAKER. Where is it reported? Mr. ROGERS. It is reported in 237 Federal Reporter, page 445, and that decision quotes the oath of allegiance which the committee may be interested to hear. The CHAIRMAN. In that case Judge Ray held that he had expatriated himself. Mr. ROGERS. Yes. Mr. SIEGEL. Mr. Chairman, I am just informed by our friend from the State Department that there are a number of cases of men who have become officers in the armies in Europe, and now they can not become officers in our Army because they have lost their citizenship. Mr. KNUTSON. Yes; we have several cases of that kind in Minnesota of boys who have been over with the Canadian contingents and who want to come back now and serve in the American Army. They are treated as aliens. Mr. RAKER. I would like to ask this question, What are they coming back for now? Mr. KNUTSON. To fight under their own flag. Mr. RAKER. But there are some other reasons. Mr. ROGERS. Suppose they come back wounded? Mr. KNUTSON. I think our friend from the State Department can explain those cases. Mr. ROGERS. Yes; Mr. Flournoy, the Chief of the Bureau of Citizenship in the Department of State, of course can answer those questions much more accurately than I can. I have just looked into the general situation. The CHAIRMAN. I should think there would be a great many coming back who had perhaps been wounded in the war. Mr. ROGERS. Yes; that is what I just suggested. The CHAIRMAN. And they would want to recover their American citizenship. Mr. ROGERS. Yes. Mr. SIEGEL. Mr. Chairman, I would like to have the decision of Judge Ray made a part of the record. The CHAIRMAN. Yes; I think that is very important. [Ex parte Griffin. District Court, N. D. New York. December 2, 1916.] SYLLABUS BY THE COURT. 1. Citizens, Key No. 13—Expatriation. A citizen of the United States, who with his family goes to Canada, and there later enlists in the army of that country for over-sea service, making the necessary declarations, and takes an oath of allegiance that he will be faithful and bear true allegiance to His Majesty King George the Fifth, his heirs and successors, and that he will as in duty bound honestly and faithfully defend His Majesty, his heirs and successors, in person, crown, and dignity, against all enemies, and will observe and obey all orders of His Majesty, his heirs and successors, and of all the generals and officers set over him, so help him God, and actually enters the service, thereby effectually expatriates himself under the provisions of 2 U. S. Comp. Stat. 1913, § 3959, p. 1591, act March 2, 1907, c. 2534, § 2, 34 Stat., 1228, which declares that "any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign State in conformity with its laws or when he has taken an oath of allegiance to any foreign State," etc. Expatriation is complete, even if, after a few days' service, he deserts and surreptitiously returns to the United States. [ED. NOTE. For other cases, see Citizens, Cent. Dig., §§ 20-22; Dec. Dig., Key No. 13.] 2. Aliens, Key No. 46-Deportation-Expatriated Citizen. Such person, by such acts, if voluntary, not only abandons and renounces his citizenship in the United States, but becomes an alien, and by such removal, enlistment, and oath of allegiance to a foreign power initiates naturalization in such foreign country and comes under its protection. Therefore, when he thereafter deserts such service and surreptitiously returns to the United States, not coming through any port of entry, he comes in violation of law, and may be deported under the provisions of section 36 of Immigration Act Feb. 20, 1907, c. 1134, 34 Stat. 908 (Comp. St. 1913, § 4285), which provides that "all aliens who shall enter the United States except at the seaports thereof, or at such place or places as the Secretary of Labor may from time to time designate, shall be adjudged to have entered the country unlawfully and shall be deported as provided by sections twenty and twenty-one of this act: Provided, that nothing contained in this section shall affect the power conferred by section thirty-two of this act upon the Commissioner General of Immigration to prescribe rules for the entry and inspection of aliens along the borders of Canada and Mexico." [ED. NOTE. For other cases, see Aliens, Cent. Dig. § 105; Dec. Dig. Key No. 46.] 3. Citizens, Key No. 13-Expatriation-Consent-" Foreign State "-Oath of Allegiance. Such oath of allegiance to the king of Great Britain is an oath of allegiance to a "foreign state" within the meaning of the statute, and even if the consent of the United States and of such person is necessary to com plete expatriation, the necessary consent is found in the statute and the voluntary acts of such person. Mackenzie v. Hare, 239 U. S. 299, 36 Sup. Ct. 106, 60 L. Ed. 297. [ED. NOTE. For other cases, see Citizens, Cent. Dig., §§ 20-22; Dec. Dig., Key., No. 13. For other definitions, see Words and Phrases, Second Series, Foreign State.] 4. Aliens, Key No. 46-Deportation-Expatriated Citizen. The petitioner, born in the United States and residing in New York, went with his family to Gananoque, Canada, June 30, 1916, enlisted in the Canadian Ariny for over-sea service, July 15, 1916, and took the oath of allegiance, deserted August 5, 1916, and surreptitiously returned to the United States August 6, 1916. Held, that he had voluntarily expatriated himself and was an alien, and was subject to deportation as such. [ED. NOTE. For other cases, see Aliens, Cent. Dig., § 105; Dec. Dig., Key No. 46.] 5. Citizens, Key No. 13-Expatriation-Oath of Allegiance. The fact that the enlistment was for "one year or during the war" between England and Germany and six months thereafter did not change the effect of taking the oath of allegiance, which contained no limitation. [ED. NOTE. For other cases, see Citizes, Cent. Dig., §§ 20-22; Dec. Dig., Key No. 13.] ADDITIONAL SYLLABUS BY EDITORIAL STAFF. 6. Citizens, No. 13-" Expatriation." 66 Expatriation is the voluntary renunciation of citizenship; the renouncing allegiance to one's own Government, usually accompaied by forsaking one's own country. [ED. NOTE.-For other cases, see Citizens, Cent. Dig., §§ 20-22; Dec. Dig., Key No. 13. For other definitions, see Words and Phrases, First and Second Series, Expatriate.] Petition by Edward Dempster Griffin for a writ of habeas corpus. Dismissed. This is an application by Edward Dempster Griffin, who claims to be a citizen of the United States, for his release from the custody of the immigration officers of the United States, who seek his deportation to Canada on the ground that he (Griffin) is not a citizen of the United States, or entitled to be in the United States, but is a deserter from the British Army, he having voluntarily expatriated himself, by voluntarily removing to the Dominion of Canada with his family and then and there voluntarily enlisting in the 156th Overseas Battalion, Canadian Expeditionary Force, and by complying with the laws of Canada, and by taking the oath of allegiance to His Majesty King George the Fifth, king, etc., after which, and after a few weeks' or days' service, he deserted such service and surreptitiously came into the United States, where he was apprehended. John O'Leary, of Clayton, N. Y., for petitioner. D. B. Lucey, U. S. Atty., of Ogdensburg, N. Y., for the United States. Ray, District Judge. The questions involved are important, especially for the reason, if a citizen of the United States by voluntarily going to Canada and there enlisting in its army and taking the oath of allegiance to the king of England and serving in such army does not lose his citizenship in the United States, he may serve in the English Army for months, and perhaps years, sustain injuries in such service which forever totally disable him from earning a support for himself or family, and then return to the United States and here become a public charge. There is before this court an original paper, the authenticity of which is not questioned, as follows: [Attestation Paper. No. 640184. 156th Overseas Battalion, C. E. F. Canadian Over seas Expeditionary Force.] QUESTIONS TO BE PUT BEFORE ATTESTATION. 1. What is your surname? Griffin. 1a. What are your Christian names? Edward Dempster. 1b. What is your present address? Gananoque. (Answers.) 2. In what town, township, or parish, and in what country were you born? Adams, Jefferson Co., U. S. 3. What is the name of your next of kin? Abia Griffin. 4. What is the address of your next of kin? Gananoque. 7. Are you married? Yes. Nov. 3rd, 1873. 8. Are you willing to be vaccinated or revaccinated and inoculated? Yes. 9. Do you now belong to the active militia? Yes. 10. Have you ever served in any military force? Yes. (If so, state particulars of former service.) 11. Do you understand the nature and terms of your engagement? Yes. 12. Are you willing to be attested to serve in the Canadian Overseas Expeditionary Force? Yes; for artillery. DECLARATION TO BE MADE BY MAN ON ATTESTATION. I, Edward Dempster Griffin, do solemnly declare that the above are answers made by me to the above questions, and that they are true, and that I am willing to fulfill the engagements by me now made, and I hereby engage and agree to serve in the Canadian Overseas Expeditionary Force, and to be attached to any arm of the service therein, for the term of one year, or during the war now existing between Great Britain and Germany, should that war last longer than one year, and for six months after the termination of that war, provided His Majesty should so long require my services, or until legally discharged. Date, July 14th, 1916. E. D. GRIFFIN. [Signature of recruit.] OATH TO BE TAKEN BY MAN ON ATTESTATION. I, Edward Dempster Griffin, do make oath that I will be faithful and bear true allegiance to His Majesty King George the Fifth, his heirs and successors, and that I will as in duty bound honestly and faithfully defend His Majesty, his heirs and successors, in person, crown, and dignity, against all enemies, and will observe and obey all orders of His Majesty, his heirs and successors, and of all the generals and officers set over me. So help me God. E. D. GRIFFIN. [Signature of recruit.] Date, July 14th, 1916. CERTIFICATE OF MAGISTRATE. The recruit above named was cautioned by me that if he made any false answer to any of the above questions he would be liable to be punished as provided in the Army act. The above questions were then read to the recruit in my presence. I have taken care that he understands each question, and that his answer to each question has been duly entered as replied to, and the said recruit has made and signed the declaration and taken the oath before me at Bannfield, this 14th day of July, 1916. T. C. D. BEDELL, Lt. Col. [Signature of Justice.] On the back thereof is Griffin's descriptive list, certificate of medical examination, and certificate of the officer commanding unit, which last certificate reads as follows: "Edward Dempster Griffin, having been finally approved and inspected by me this day, and his name, age, date of attestation, and every prescribed particular having been recorded, I certify that I am satisfied with the correctness of this attestation. "Date, July 17th, 1916." “T. C. D. BEDELL. [Signature of officer.] The petitioner does not deny that he gave the information contained in this paper or that he signed the declaration and oath July 14, 1916, but contends. first, that if he did so intelligently and voluntarily he did not thereby expatriate himself and lose his citizenship in the United States; and, second, that he was so intoxicated when he enlisted in such Canadian service and executed such papers that he did not know and understand what he was doing or the nature and character of his acts and is not bound thereby; that when he became sober and possessed of his faculties he left the service and Canada at the first opportunity and returned to the United States. At this time we will consider the effect of the acts above set forth on the assumption they were voluntary and knowingly and intelligently done. If when so done such acts did not amount to expatriation and loss or deprivation of his citizenship in the United States, he is illegally held by the immigration officers and can not be deported as an alien. If such acts, assuming they were knowingly, intelligently, and voluntarily done, did amount to expatriation and loss of citizeship in the United States, then evidence will be taken on the question of Griffin's mental and physical condition at the time of his enlistment and at the time he took the oath above quoted. [1, 4] There can be no serious question that the acts of Griffin, assuming such acts were knowingly and voluntarily done, amounted to expatriation and loss of citizenship in the United States. The Congress of the United States has expressly affirmed and declared the natural and inherent right of a citizen to expatriate himself. R. S. U. S., § 1999, 2 U. S. Comp. St. 1913, § 3955, p. 1589; act July 27, 1868, c. 249, § 1. 15 Stat., 223. That act declares as follows: "Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation is declared inconsistent with the fundamental principles of the Republic." The common-law rule of England is that once a citizen always a citizen, and that no citizen can expatriate himself, except with the consent of his sovereign or Government. 1 Bl. Com. 369. At one time this was recognized as the law in the United States. Talbot r. Jansen, 3 Dall. 133, 1 L. Ed. 540; U. S. r. Gilles, Fed. Cas. No. 15206, 1 Pet. C. C. 159; 2 Kent, 49; the fifteenth amendment, Brannon, 20, 21; opinion of Chief Justice Fuller in U. S. v. Wong Kim Ark, 169 U. S., at page 711, 18 Sup. Ct. 456, 42 L. Ed. 890; 7 Cyc. 144, and cases cited note 37. But at an early day the courts of the United States, both State and Federal, began to question and repudiate this doctrine. 7 Cyc. 144, and cases cited. "The consent of the United States is not necessary to enable a citizen thereof to expatriate himself and become a citizen of another country." Jennes r. Landes (C. C.) 84 Fed. 73. * 66 Not only has Congress recognized and declared this "natural and inherent right of expatriation" without the express consent of the Government, but it has also enacted that any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state: * Provided also, that no American citizen shall be allowed to expatriate himself when this country is at war." 2 U. S. Comp. St. 1913, § 3959, p. 1591; act March 2, 1907, c. 2534, § 2, 34 St. 1228. The King of England is "the State," and England is a foreign State." It is perfectly clear that Griffin went into a foreign country, represented himself as residing at Gananoque with his wife, and regularly enlisted in the Canadian army, and subscribed and took the oath of allegiance to the King of Great Britain, a foreign State and Government. This was complete expatriation, and so declared by the act of Congress above quoted. Mackenzie v. Hare, 239 U. S. 299, 36 Sup. Ct. 106, 60 L. Ed. 297. In The Fourteenth Amendment," by Brannon, page 20, citing Santissima Trinidad, Fed. Cas. No. 2,568, 1 Brock, (U. S.) 478, it is said: 66 "Federal citizenship is lost by expatriation; the citizen by it becomes an alien, and loses all rights adhering to him as a citizen, and is released from his obligations as such." In Comitis v. Parkerson (C. C.) 56 Fed. 556, 559, it was held that: Expatriation can be effected only in accordance with law [and that] under our Government Congress must be the source of that law." This can not be sound law if expatriation be a natural and inherent right, as Congress says it is; but, assuming it to be true, this petitioner went to Canada with his family, enlisted in a foreign army, and took an oath of allegiance to a foreign government, or state, and thereby expatriated himself by a course of conduct and the doing of acts which an act of Congress says is allsufficient and effectual to constitute expatriation. The United States has always insisted that a citizen of a foreign country has the natural and inherent right to leave that country, emigrate to the United States, and become a resident and a citizen here on compliance with our naturalization laws, regardless of the wishes or consent of the Government from which he came. If such be the natural and inherent right of an Englishman, it is difficult to understand why it is not the natural and inherent right of a citizen of the United States. [3] The right of expatriation has constantly been recognized by the Federal Department of State, and those citizens of the United States who have taken upon themselves a foreign allegiance are denied the protection due American citizens. Steinkauler's Case, 15 Op. Attys. Gen. 15; Right of Expatriation, 9 Op. Attys. Gen. 356, 362; Id., 8 Op. Attys. Gen. 139. [6] Expatriation is the voluntary loss or abandonment, or, more properly speaking, renunciation, of citizenship. This may be a completed act, and complete in its effect as to the status of a person, even if he has not become naturalized in some other country according to its laws. Persons born in the United States, subject to its jurisdiction, are citizens of the United States. If one of these persons goes to England and is there naturalized, he becomes a citizen of England, regardless of the wishes or consent of the United States. He is exercising a natural and an inherent right, says the Congress of the United States, In such case he loses his citizenship in the United States on becoming a naturalized citizen of England. This is distinguished from expatriation, which may consist solely in the abandonment and renunciation of citizenship in the United States, without being naturalized in some other country. Of course, a citizen of the United States expatriates himself when he voluntarily goes to England, and there applies for citizenship and becomes naturalized. He has not only abandoned, but renounced, his citizenship in the United States, and become a citizen of another country. Suppose a citizen of the United States |