that "citizens of the United States of America, who have become, or shall become, and are, naturalized according to law within the British dominions as British subjects, shall . . . be held by the United States to be in all respects and for all purposes British subjects, and shall be treated as such by the United States."

Article 3 provides that "if any such citizen of the United States as aforesaid, naturalized within the dominions of Her Britannic Majesty, should renew his residence in the United States, the United States government may, on his own application and on such conditions as that government may think fit to impose, readmit him. to the character and privileges of a citizen of the United States, and Great Britain shall not, in that case, claim him as a British subject on account of his former naturalization."

In 1874 Nellie Grant, daughter of President Grant, married Algernon Sartoris, a British subject, and went to England, where she resided until his death in 1896. In May, 1898, the following joint resolution of Congress was adopted readmitting Mrs. Sartoris to American citizenship, in pursuance of the above treaty. Resolution of May 18, 1898 (30 Stat. at L. 1496):

"Whereas, Nellie Grant Sartoris, widow, daughter of the late General Ulysses S. Grant, being a natural-born citizen of the United States, married in eighteen hundred and seventy-four Algernon Charles Frederick Sartoris, a subject of the Queen of Great Britain, and emigrated to Great Britain, becoming thereby, under the laws of Great Britain, a naturalized British subject, to be recognized as such by the United States, according to the provisions of the convention relative to naturalization between the United States and Great Britain of the thirteenth of May, eighteen hundred and seventy; and

"Whereas, the said Nellie Grant Sartoris has since returned to the United States and renewed her residence

therein, and petitioned Congress to be readmitted to the character and privileges of a citizen of the United States under and by virtue of the provisions of article third of the convention aforesaid; therefore,

"Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Nellie Grant Sartoris, daughter of General Ulysses S. Grant, be, and she is hereby, on her own application, unconditionally readmitted to the character and privileges of a citizen of the United States, in accordance with the provisions of article third of the convention relative to naturalization between the United States and Great Britain concluded May thirteenth, eighteen hundred and seventy."

I. Effect of Divorce.

The decree of a competent court granting an absolute divorce would have the same effect as the death of the husband upon the citizenship of the woman.

Secretary Hay, in a case arising before the enactment of the law of 1907, in replying to the request of the United States minister at Berne for instructions as to the issuance of a passport to Mrs. Daisie Annie Newman Van Buren, the daughter of a native citizen of the United States, who had been married to Baron Van Buren, a Dutch subject, from whom she was subsequently divorced, said: "In accordance with the view which the Department has taken in several cases, when an American woman marries an alien her condition from the standpoint of nationality is lost in that of her husband, as long as the marital union lasts. Upon its termination she may resume the nationality of her birth by returning to the United States to reside, if residing abroad, or acquire a new one. In this case Mrs. Van Buren's status under the laws of the Netherlands calls for no consideration. She does not live in that country, nor does she,

apparently, intend to do so. Her divorce having been lawfully obtained, her marital relations with Baron Van Buren having ceased, her domicil bona fide being in this country, you may properly issue a passport in her favor upon satisfactory proof of the facts as set forth in your despatch, and in the letter from the consul at Geneva." Mr. Hay to Mr. Leishman, March 16, 1899, MSS. Inst. to Switzerland.

In a case coming before the Department of State in 1906, it appeared that a native-born Swiss woman had married in the United States an American citizen, and that thereafter the marital relationship had been dissolved by a decree of absolute divorce in Kansas. The woman then returned to her native country and established a residence there with her parents, until her symptoms of mental infirmity became so pronounced that she was removed to an insane asylum. The Swiss Minister at Washington informed the Department of the intention to send the woman to the United States, and requested that she be permitted to land and that provision be made for her by locating her in some institution.

The Department of State replied stating that, under its practice, "a widow, or a woman who has obtained an absolute divorce, being an American citizen and who has married an alien, must return to the United States or must have her residence here in order to have her American citizenship revert on becoming feme sole. Conversely, an alien woman who marries an American citizen and secures a divorce from him in the United States and returns to her native country must be held to have abandoned her citizenship acquired by marriage and to have intended to adopt her native allegiance.

"The views above expressed seem also to be in keeping with the provisions of the Continental codes, which enable a woman whose nationality has been changed by

marriage to resume it when she becomes a widow on the condition of her returning to the country of origin.

"Under the circumstances of the present case, the Department is of the opinion that Mrs. has lost her nationality as an American citizen; and as the statutes of the United States prohibit the landing of insane aliens, it would seem to be impossible to allow her to land in this country." Mr. Root to Mr. Vogel, June 2, 1906, MSS. Notes to Switzerland.

J. Declaration of Intention of Husband.

As an alien does not become a citizen of the United States by making a declaration of intention, it is clear that his wife does not acquire American citizenship; nor does an alien woman become naturalized by marriage to a foreigner who has merely declared his intention to become a citizen.

Section 2168 of the Revised Statutes provided that: "When any alien, who has complied with the first condition specified in Sec. 2165, [viz., formally declared his intention to become a citizen] dies before he is actually naturalized, the widow and children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law."

The Act of June 29, 1906, repealed Section 2168, and provided that: "When any alien who has declared his intention to become a citizen of the United States dies before he is actually naturalized, the widow and minor children of such alien may, by complying with the other provisions of this act be naturalized without making any declaration of intention."

Under the provision of Section 2168, when it was in force, there was some doubt as to the exact meaning of the latter part of the section, viz., "taking the oaths prescribed by law." It had been held that what was meant

was "the oaths prescribed by law to be taken by an alien upon his admission to citizenship." Van Dyne, Citizenship of United States 98.

It is understood that the object of the amendment of the law was to resolve this doubt, and also to remove any doubt which might have existed as to the meaning of the words "first condition specified in Section 2165," had they been allowed to stand as in the Revised Statutes.

It is to be observed that the declaration of intention and death of the husband and father do not of themselves confer citizenship upon the widow and minor children. There is a further requisite: They must comply with the other provisions of the law, go before a competent court and be admitted to citizenship. And while, under the terms of Section 2168, the intent of the law was apparent to admit them to citizenship merely upon application to a court of naturalization and the taking of the necessary oaths, it is not clear under the language of the existing law that it was intended to dispense with any other requirement in their case than the declaration of intention.