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the Act of Congress of July 27, 1868 (15 Stat. at L. 223, Ch. 249), which declares that "the right of expatriation. is a natural and inherent right of all people."

This Act, which has been embodied in the Revised Statutes, reads as follows:

"Sec. 1999 [U. S. Comp. Stat. 1901, 1269]. 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.

"Sec. 2000 [U. S. Comp. Stat. 1901, 1270]. All naturalized citizens of the United States, while in foreign countries, are entitled to and shall receive from this government the same protection of persons and property which is accorded to native-born citizens.

"Sec. 2001 [U. S. Comp. Stat. 1901, 1270]. Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the re

lease so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress."

But the promulgation of this municipal law did not operate to override the laws or practice of foreign governments inconsistent with it, and it was necessary to secure acceptance of the principle enunciated thereby, by means of treaties.

Treaties recognizing the right of expatriation, with various modifications in detail, were concluded between the United States and the North German Union (15 Stat. at L. 615), Bavaria (15 Stat. at L. 661), Baden (16 Stat. at L. 731), Württemberg (16 Stat. at L. 735), and Belgium (16 Stat. at L. 747), in 1868; with Hesse (16 Stat. at L. 743), and Sweden and Norway (17 Stat. at L. 809), in 1869; with Austria (17 Stat. at L. 833), and England (16 Stat. at L. 775), in 1870; with Denmark (17 Stat. at L. 941), in 1872, and with Haiti in 1902.

One of the chief causes of the War of 1812 between the United States and Great Britain was the rigor with which the latter government applied the doctrine of inalienable allegiance. British cruisers took from American vessels vessels on the high seas naturalized American citizens of British origin, and impressed them for service in the royal navy, on the grounds that they were British subjects by birth, and that no forms gone through in America could devest them of their British nationality. This was vigorously resisted by the United States.

While the war did not settle this question, opinion in England gradually changed, and by the naturalization act of 1870 (33 & 34 Vict. 105, Chap. 14), which shortly preceded the treaty with the United States, the old doctrine of the common law was abandoned, and it was

declared that "any British subject who has at any time before, or may at any time after, the passing of this act, when in any foreign state, and not under any disability, voluntarily become naturalized in such state, shall, from and after the time of his so having become naturalized in such foreign state, be deemed to have ceased to be a British subject, and be regarded as an alien." See Lawrence, Principles of International Law, 196, 197.

C. How Effected.

(a.) In General.

The Act of Congress of 1868 (15 Stat. at L. 223, Chap. 249, U. S. Comp. Stat. 1901, 1269), does not define what steps must be taken by a citizen before it can be held that he has become denationalized. In fact, until the enactment of the law of March 2, 1907, "in reference to the expatriation of citizens and their protection abroad,” there was no mode of renunciation of citizenship prescribed by our laws, with the exception of Section 1998, of the Revised Statutes, by virtue of which desertion from the Army or Navy works forfeiture of the rights of citizenship.* Whether expatriation had taken place in any case was to be determined by the facts and circumstances of the particular case. No general rule that would apply to all cases could be laid down.

b. Modes of Expatriation.

1. Act of 1907.

The law of March 2, 1907, expressly prescribes several modes by which citizenship of the United States may be renounced.

The Act (Sections 2 and 3) reads as follows:

"Sec. 2. 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 *See, also, Section 15, Act of June 29, 1906.

he has taken an oath of allegiance to any foreign state. "When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state, it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided, also, That no American citizen shall be allowed to expatriate himself when this country is at war.

"Sec. 3. That 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."

It will be observed that the Act declares that expatriation may be effected in four different ways, viz: By naturalization in a foreign state, by taking the oath of allegiance to a foreign state, by marriage of an American woman to a foreigner, and by residence of a naturalized citizen of the United States in a foreign country.

(A.) By Naturalization in a Foreign State.

This is the most obvious form of expatriation, and, even in the absence of any statutory declaration to that effect, was always regarded as a method of expatriation.

While the purpose of the Act of 1868 was, primarily, to define the rights of aliens seeking to acquire citizenship in this country rather than the rights of American

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citizens, its declaration that the right of expatriation is a natural and inherent right of all people," applies to citizens of the United States who seek to exercise it as well as to those of other countries. 14 Ops. Atty. Gen. 295.

(B.) By Taking the Oath of Allegiance to a Foreign State.

Before the passage of the Act of March 2, 1907, the rulings of the Executive Departments of the government show a difference of opinion on the question whether or not expatriation was effected by the taking of an oath of allegiance to a foreign power.

In the case of Sidney Mason, who, while residing in Porto Rico, had taken the oath of allegiance to the King of Spain and renounced his citizenship in the United States, Secretary Forsyth, in 1839, declined to sanction the issuance of a passport, on the ground that Mason had become a Spanish subject. 3 Moore's Int. Law Digest, 718.

On the other hand, it was held by the Supreme Court, in Blight's Lessee v. Rochester, 7 Wheat. 535, that a change of allegiance can not be effected without an actual change of domicil. Relying upon this decision, Mr. B. R. Curtis, formerly an associate justice of the Supreme Court of the United States, rendered an opinion to the effect that one did not cease to be a citizen of the United States who, for the purpose of obtaining protection for his vessels, placed them under the Hamburg flag, and, in order to do so, took the citizen's oath to be true and faithful to the Free and Hanseatic Town of Hamburg. The oath contained no renunciation of native allegiance. 3 Moore's Int. Law Digest, 721.

Assistant Secretary Porter, on August 18, 1887, held that citizens of the United States, who take the oath of fealty promulgated as a part of the new constitution of Hawaii, remain citizens of the United States, and are entitled to

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