Protection. that all naturalized citizens of the United States while in foreign states shall be entitled to, and shall receive from this Government, the same protection of persons and property that is accorded to native-born citizens in like situations and circumstances.

Treaty with
Great Brit-

.ain.

Two years' residence.

The question recognizes the fact, already alluded to, that our treaties with some powers make a residence in the country of nativity, without intent to return to the country of adoption, to work a renunciation of the citizenship acquired by naturalization.

By some treaties no fixed period of residence in the country of nativity works of itself a renunciation of the acquired citizenship, while by others the intent not to return may be held to exist when the residence continues more than two years.

By the treaty with Great Britain of the 13th of May, 1870, the British subject naturalized in the United States after its date who renews his residence within the British dominion may, on his own application, and on such conditions as the British Government may impose, be readmitted to the character of a British subject. Residence alone, however long continued, without a direct application to be readmitted to British citizenship, and without the assent thereto of the British Government, will not rehabilitate him as a British subject.

The adoption in numerous treaties of this period of two years as that when the intent not to return to the United States may be held to exist on the part of the naturalized citizen who has returned to his native country indicates that, while the principle on which rests the right of protection while in foreign countries of the naturalized is the same with that of the native-born citizen, there is an appreciation of the strong proclivity to resume his original citizenship on the part of him who, having wandered from

home, returns to find the attractions of early associations and of family ties enticing him, at a period, perhaps, when the restlessness and spirit of adventure of the fresher years of life have passed, to rest and to end his days amid the scenes of his childhood or youth and among those who claim the strong ties of common blood.

Hence, probably, even when not regulated by treaty, the evidence would be more readily obtained to determine that a naturalized citizen who had returned to the country of his nativity should be deemed to have expatriated himself-or, perhaps it would be more proper to say, to have rehabilitated himself with his original citizenship-than to show that a native-born citizen had expatriated himself by the same period of foreign residence.

It not infrequently happens that naturalization is almost immediately followed by the return of the naturalized person to his native country and his continued residence there, without having acquired property or established any permanent relations of family or of business in the United States.

Again, cases are of constant occurrence of naturalized Pretexts. persons who have resided for years in the country of nativity, manifesting no purpose of returning to the United States and exhibiting no interest in the Government, but who assert American citizenship only when called upon to discharge some duty in the country of their residence; thus making the claim to American citizenship the pretext for avoiding duties to one country, while absence secures them from duties to the other.

These are among the class of cases where the continued residence in the country of nativity and the absence of apparent purpose of returning may be taken at least as prima facie evidence of expatriation.

But generally, when not regulated by treaty, the mere

Children.

absence of apparent purpose of returning to the United States on the part of a naturalized citizen who has returned to his native country and resided there for a series of years does not of itself constitute evidence of his selfexpatriation.

The presumption of law to which reference has already been made, viz, that he is there animo manendi, applies, however, to him equally with the native-born citizen, and it rests with him as with the native-born to explain it; and here, again, in the absence of some prescribed rule, the circumstances attending each case must control its decision.

"Question 7. Are the children born abroad of a person who has been a citizen of the United States, but who has become a subject or citizen of another power, or who has expatriated himself, citizens of the United States and entitled to its protection?"

If born after the father has become the subject or citizen of another power, or after he has in any way expatriated himself, the children born abroad are to all intents and purposes aliens, and not entitled to protection from the United States.

The act of the 10th February, 1855 (10 Stat. at Large, 604), provides that "persons heretofore born, or hereafter to be born, out of the limits and jurisdiction of the United States, whose fathers were or shall be at the time of their birth citizens of the United States, shall be deemed and considered, and are hereby declared to be, citizens of the United States: Provided, however, That the right of citizenship shall not descend to persons whose fathers never resided in the United States."

It will be noticed that the act professes to extend citizenship only to those born abroad whose fathers at the time of their birth are citizens.

Every independent state has as one of the incidents of its sovereignty the right of municipal legislation and jurisdiction over all persons within its territory, and may therefore change their nationality by naturalization, and this, without regard to the municipal laws of the country whose subjects are so naturalized, so long as they remain, or exercise the rights conferred by naturalization, within the territory and jurisdiction of the state which grants it.

It may also endow with the rights and privileges of its citizenship persons residing in other countries, so as to entitle them to all rights of property and of succession within its limits and also with political privileges and civil rights to be enjoyed or exercised within the territory and jurisdiction of the state thus conferring its citizenship.

But no sovereignty can extend its jurisdiction beyond its own territorial limits so as to relieve those born under and subject to another jurisdiction from their obligations or duties thereto; nor can the municipal law of one state interfere with the duties or obligations which its citizens incur, while voluntarily resident in such foreign state and without the jurisdiction of their own country.

It is evident from the proviso in the act of the 10th February, 1855, viz, “that the rights of citizenship shall not descend to persons whose fathers never resided in the United States," that the law-making power not only had in view this limit to the efficiency of its own municipal enactments in foreign jurisdiction, but that it has conferred only a qualified citizenship upon the children of American fathers born without the jurisdiction of the United States, and has denied to them, what pertains to other American citizens, the right of transmitting citizenship to their children, unless they shall have made themselves residents of the United States, or, in the language

Renaturalization.

of the fourteenth amendment of the Constitution, have made themselves "subject to the jurisdiction thereof."

The child born of alien parents in the United States is held to be a citizen thereof and to be subject to duties with regard to this country which do not attach to the father.

The same principle on which such children are held by us to be citizens of the United States, and to be subject to duties to this country, applies to the children of American fathers born without the jurisdiction of the United States, and entitles the country within whose jurisdiction they are born to claim them as citizens and to subject them to duties to it.

Such children are born to a double character: the citizenship of the father is that of the child so far as the laws of the country of which the father is a citizen are concerned and within the jurisdiction of that country; but the child, from the circumstances of his birth, may acquire rights and owes another fealty besides that which attaches to the father.

"Question 8. Can a person who has formally renounced his allegiance to the United States, and assumed the obligations of a citizen or subject of another power, become again a citizen of the United States in any other way than in the manner provided by general laws?"

Persons who have formally renounced their allegiance to the United States and have assumed the obligation of citizen or subject of another power-in other words, persons who have denationalized or expatriated themselves are aliens to the United States, and can become citizens only by virtue of the same laws, and with the same formalities, and by the same process, by which other aliens are enabled to become citizens.

Having replied to the several questions submitted, I may