"The phrase, 'shall be deemed a citizen,' in Section 1994, Rev. Stat. (U. S. Comp. Stat. 1901, 1268) or as it was in the Act of 1855 (10 Stat. at L. 604, Chap. 71, Sec. 2), 'shall be deemed and taken to be a citizen,' while it may imply that the person to whom it relates has not actually become a citizen by the ordinary means or in the usual way, as by the judgment of a competent court, upon a proper application and proof, yet it does not follow that such person is on that account practically any the less a citizen. The word 'deemed' is the equivalent of 'considered' or 'judged,' and therefore, whatever an Act of Congress requires to be 'deemed' or 'taken' as true of any person or thing must, in law, be considered as having been duly adjudged or established concerning such person or thing, and have force and effect accordingly. When, therefore, Congress declares that an alien woman shall, under certain circumstances, be 'deemed' an American citizen, the effect when the contingency occurs, is equivalent to her being naturalized directly by an Act of Congress or in the usual mode thereby prescribed." Leonard v. Grant, 6 Sawyer, 603, 5 Fed. 11.

The Supreme Court, in Kelly v. Owen, 7 Wall. 496, 19 L. ed. 283, said that the object of the Act was to allow the citizenship of the wife "to follow that of her husband, without the necessity of any application for naturalization on her part."

In U. S. v. Kellar, 11 Biss. 314, 13 Fed. 82, Mr. Justice Harlan said that the woman, "upon her marriage, therefore, with a naturalized citizen of the United States, became, under the plain words of Sec. 1994 [U. S. Comp. Stat. 1901, 1268], ipso facto, a citizen of the United States, as fully as if she had complied with all the provisions of the statutes upon the subject of naturalization."

And in Haberacker's case, Mr. Wharton, Acting Secretary of State, in an instruction to Mr. Phelps, said: "It

is uniformly held under Sec. 1994 [U. S. Comp. Stat. 1901, 1268], that an alien woman who might herself be lawfully naturalized, by marriage to a citizen becomes herself a citizen without any previous declaration or act on her part, or without reference to the previous length of her residence in this country, as fully to all intents and purposes as if she had become a citizen upon her own application and by the judgment of a competent court." Mr. Wharton to Mr. Phelps, March 26, 1891, MSS. Inst. to Germany, For. Rel. 1891, 508.

F. Effect of Death of Husband on Citizenship of Alien Woman Married to an American.

The Act of March 2, 1907 (Sec. 4), provides that "any foreign woman who acquires American citizenship by marriage to an American shall be assumed to retain the same after the termination of the marital relation if she continue to reside in the United States, unless she makes formal renunciation thereof before a court having jurisdiction to naturalize aliens, or if she resides abroad she may retain her citizenship by registering as such before a United States consul within one year after the termination of such marital relation."

It was the practice of the Department of State, prior to the passage of the Act of March 2, 1907, in passing upon applications for passports and for protection abroad, to regard the American citizenship of a foreign-born widow of a citizen of the United States as subsisting at least while she continued to reside in this country. There was no provision by statute for the renunciation of citizenship, however. This law serves the useful purpose of enabling a widow of an American citizen, who desires to resume her former nationality, to formally announce her purpose by renouncing, in a naturalization court, the citizenship which she acquired by marriage.

If the widow resides abroad, and desires to retain the

citizenship acquired by her marriage, she is required, under this law, to register before a consul of the United States, within one year after the termination of the marital relation.

The same rules apply in case the marriage is terminated by divorce as in the event of the death of the husband.

Instructions of the Department of State.

The Executive Order of President Roosevelt of April 6, 1907,* amending the diplomatic and consular regulations so as to embody in them the provisions of the Act of March 2, 1907, makes the following prescription concerning foreign women who have acquired American citizenship by marriage to citizens from whom they have afterward been separated by death or absolute divorce: "Registration to Resume or Retain Citizenship.

"Whenever any foreign woman has acquired American citizenship through her marriage, upon the death of her husband or upon their absolute divorce she must, if she is abroad and desires to retain her American citizenship, register as an American citizen before a United States Consul within one year after the termination of the marital relation. . .

The Department of State, on April 19, 1907, issued a circular instruction, addressed to the American diplomatic and consular officers to carry this regulation into effect, the pertinent portion whereof reads as follows:

"A foreign woman who has acquired American citizenship by marriage to an American citizen and who, upon the termination of the marital relation by the death of her husband or by their absolute divorce, desires to retain the American citizenship which she acquired through her marriage, must, within one year after the termination of the marital relation, register with an American consular officer her intention to retain her American citizenship.

*For the full text of this order see Appendix.

5233-16

"The form of such registration shall be as follows: "I.. [name of affiant] do solemnly swear (or affirm) that I was born on ........ ....[date of birth] in

..... [place

of birth] and was, up to the time of my marriage on [date of marriage] to

citizen (or subject) of

[name of late husband] a [name of country]; that

...... [name of

....[date of

the said....... [name of late husband] was born in. [place of birth] and was, at the time of his death (or our divorce), a citizen of the United States by [birth or naturalization]; that the said husband] died (or we were divorced) on.. death or divorce] at.. .....[place of death or divorce]; that I am now temporarily residing in residence] and desire to retain my American citizenship; that it is my intention to go to the United States within [length of intended foreign residence] with the intention of residing and performing the duties of an American citizen.

[place of

"Sworn and subscribed to before me this

of

day

American Consul.

"The consul's certificate to this affidavit should be the same as in the case of an American woman married to a foreigner who desires to resume her American citizenship, and documentary evidence of the allegations relative to the termination of the marital relation should be required as in the case of an American woman married to a foreigner who desires to resume her American citizenship. Also documentary proof of the husband's citizenship should be required. The affidavit and the consul's certificate should be made in duplicate and reported as in the case of an American woman who desires to resume her citizenship.

I am, gentlemen, your obedient servant,

ELIHU ROOT.”

G. Citizenship of American Woman Married to an Alien.

a. Under law prior to 1907.

Under Section 1994 of the Revised Statutes, which we have been considering, an alien woman who marries a

citizen of the United States is deemed a citizen. Is the converse of this rule true? Does an American woman become an alien by marriage to a foreigner? The status of such persons prior to the enactment of the law of March 2, 1907, and the reasons inducing Congress to act in the matter, appear from the following review of the decisions of the courts and opinions of the Executive Department of the government, and of international claims commissions to which the United States has been a party.

In the case of Mrs. Preto (10 Ops. Atty. Gen. 321), a woman born in the United States, of American parents, who married a Spanish subject residing here, and subsequently removed with her husband to Spain, where she lived until his death, Attorney General Bates, in 1862, held that the marriage did not deprive her of her native citizenship.

And in 1877, in Mrs. D'Ambrogia's case (15 Ops. Atty. Gen. 599) Solicitor General Phillips decided that the marriage of an alien-born woman to a naturalized citizen of the United States conferred on her "a permanent status of citizenship, defeasible only as in the case of other persons;" and, on the authority of Shanks v. Dupont, 3 Pet. 242, 7 L. ed. 666, it was further held that her subsequent marriage with an alien did not affect this status.

But in 1866, in the case of Mrs. Berthemy (12 Ops. Atty. Gen. 7), who was born in France, of American parents, there married a Frenchman, and continued to reside in France after the death of her husband, Attorney General Stanbery held that she was not a citizen of the United States.

And, in 1869, Attorney General Hoar expressed the opinion that the same woman, who was still domiciled in France, was not a citizen of the United States for the purposes of the internal revenue law. The Attorney General, however, expressly disclaimed any opinion upon