had merely submitted herself temporarily, and as a wife, to the dominion of Texas, without having renounced her native allegiance; that she, therefore, never has been an alien, and that her rights of property remain as if, instead of having been a temporary resident of Texas, she had, during her absence from Kentucky, been a resident of one of the other states of the Union. She can not, therefore, be debarred of her dower on the ground of having been an alien at the death of her husband."

In October, 1895, Mrs. Beatens, a native-born American woman, who had in 1889 married a Hollander residing in the United States, applied for a passport as an American citizen. She was temporarily sojourning in Germany for the purpose of completing her musical education. In a letter to the Secretary of Agriculture, who had transmitted Mrs. Beatens' application, Secretary Olney, after citing the decisions of the courts, and of the Attorneys General on the subject of citizenship of married women, said: "It has been the uniform practice of this Department to decline to grant passports to American women who are married to aliens. In my opinion the Department would not be warranted in departing from this practice in the present case." Mr. Olney to Mr. Morton, MSS. Dom. Let. October 26, 1895. Van Dyne, Citizenship of United States, 138.

Secretary Sherman, in an instruction to the United States minister at St. Petersburg, March 15, 1897, said: "By our statute an alien wife of an American citizen shares his citizenship. By the usual rules of Continental private international law a woman marrying an alien shares his status, certainly during his life; but thereafter, on widowhood, reverts to her original status unless she abandons the country of her origin and returns to that of her late husband." For. Rel. 1901, 443.

These authorities were not entirely uniform. But the

decided weight of authority was to the effect that the marriage of an American woman to an alien conferred upon her the nationality of her husbamd.

Cockburn, in his work on Nationality (published in 1869), says: "In every country, except where the English law prevails, the nationality of a woman on marriage merges in that of her husband, she loses her own nationality and acquires his" (p. 24). Since this was written, the British Act of 1870 has been passed, which expressly declares that a married woman shall be deemed to be a subject of the state of which her husband is for the time being a subject.

The practice of the Department, alluded to above, of declining to grant passports to American-born women married to foreigners, showed the recognition of this principle by the Executive Department of our government.

Provision is made, in all Continental European codes, for enabling a woman whose nationality of origin has been changed by marriage into that of her husband, to resume, if so minded, her original nationality on becoming a widow; on the condition, however, if not resident in the country of origin, of returning to it. Cockburn, Nationality, 25.

And it had been repeatedly held by the Department of State that the nationality of origin of an Americanborn woman reverted upon the death of her alien husband if she were residing in the United States, or upon her returning to this country if residing abroad.

b. Act of March 2, 1907.

To resolve any doubt that might exist because of variant decisions of the courts and opinions of Secretaries of State as to the effect of the marriage of an American woman to an alien, the Citizenship Commission

of 1906 recommended and Congress enacted the following law:

"Any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein." Sec. 3, Act of March 2, 1907.

This law not only served to settle definitely, and in the same manner that the matter has been fixed by statute in most other civilized countries, the citizenship of married women, but it removed from the sphere of "executive legislation " the constantly recurring question of the reversion of nationality of married women upon the death of their alien husbands. The proposition that upon the termination of the marriage relation, the American nationality of an American woman married to a foreigner reverted, did not square with the proposition laid down by Chief Justice Marshall that when a citizen becomes an alien-by whatever process-he can recover his rights as a citizen only by going through the forms which our laws prescribe for the naturalization of aliens. 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 American wom n who have married foreigners and been separated from their husbands by death or absolute divorce:

"Registration to Resume or Retain Citizenship.When an American woman has married a foreigner and *For the full text of this order see Appendix.

he dies or they are absolutely divorced, in order to resume her rights as an American citizen, she must register with an American consulate 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 woman who was an American before her marriage to a foreigner, and who, upon the termination of the marital relation by the death of her husband or by their absolute divorce, desires to resume the American citizenship which she enjoyed before her marriage, must, within one year after the termination of the marital relation, register with an American consular officer her intention to resume her American citizenship. 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 [name of late husband] a citizen of the United States; that the said .....[name of husband] was born in [place of his birth] and was, at the time of his death (or our divorce), a citizen (or subject) of name of country]; that the said.............[name of late husband] died (or we were divorced) on [date of death or divorce] at

[place of death or divorce]; that I am now temporarily resident in [place of residence] and desire to resume my American citizenship; that it is my intention to return to the United States within [limit of intended foreign residence] with the intention of residing and performing the duties of an American citizen.

"Sworn and subscribed to before me this of...........

day

[L. S.]

American Consul.

5233-17

"I,

[name of consul] American consul at

[place of consulate] certify that [name of affiant] who signed the above affidavit, is the person she represents herself to be and that the proof presented of her marriage to [name of late husband] and of the termination of her marital relation with ...... [name of late husband] is as follows: nature of proof presented].

[state here

"In testimony whereof, I have hereunto signed my name and affixed my seal of office.

American Consul.

"Documentary evidence in support of the allegations relative to the termination of the marital relation should be required in each case and the nature of such documentary proof should be set forth in the consul's certificate. In the case of a woman having been a native citizen of the United States before her marriage, documentary proof of such citizenship need not be required unless the consul entertains doubts as to the statements made to him, in which case he should require a certificate of birth or the affidavit of a credible witness personally known to him.

"In the case of a woman having been a naturalized citizen of the United States previous to her marriage, proof of the naturalization, such as would be required if she applied for a passport, should be required. The affidavit and the consul's certificate should be made in duplicate, and one copy should be sent to this Department immediately afterwards and the embassy or legation in the country, in which the consulate is situated should be at the same time advised of the making of the affidavit and of the report to the Department."

H. Case of Nellie Grant Sartoris.

By Article 1 of the convention relative to naturalization, concluded between the United States and Great Britain May 13, 1870 (16 Stat. at L. 775), it was provided