"All persons born in Alsace-Lorraine," said Count Bismarck, "who, according to the French law of the year 1851, were to be held to be Frenchmen, became Germans with the cession of this territory to Germany in so far as they did not make valid choice of the French nationality under the provision of article 2 of the treaty of peace of May 10, 1871." of May 10, 1871." Mr. Bayard, in instructing Mr. Pendleton in regard to the case, said: "The German foreign office seems to have ignored the American citizenship of Mr. C. L. George as the son of a naturalized citizen of the United States, and to have assumed that, having been born in Alsace, he became a citizen of France, under the French law of 1851, and, therefore, was subject to German law as a citizen of AlsaceLorraine, after its cession to Germany. But, under the rules of international law, the son, having been born in Alsace-Lorraine, of an American father, had the option of remaining there until his majority and electing to take the allegiance of his birth, or of claiming the allegiance of his father. It appears, however, that he did not remain in Alsace until he attained his majority. He came to the United States during his minority, and when he arrived at his majority evinced his election of American citizenship by exercising the rights which pertain thereto, and by other acts indicating the same election. The American citizenship inherited by Mr. George and elected by him when of full age, cannot be devested, either by the municipal laws of Germany, or by a treaty between Germany and France." It was declared that the subsequent taking out of naturalization papers was to be regarded merely as cumulative evidence of election of United States citizenship. "He was already a citizen of the United States," said M. Bayard, "and was none the less so because he may have entertained unfounded doubts on the subject, as from his conduct would appear to have been the case." For. Rel. 1886, pp. 317, 325, 327. The statute declares that the children born abroad to American fathers are citizens of the United States. In the case of John Frederick Pearson, the question arose whether the son, born in China of an American father and a Chinese mother, was a citizen of the United States. It was held that, as Pearson's father was an American citizen, and as the woman's nationality merged on marriage in that of the husband, her nationality previous to marriage would make no difference in the son's nationality, provided he was legitimate. Mr. Bayard to Mr. Smithers, May 4, 1885, 2 Wharton, International Law Dig. p. 418; For. Rel. 1885, p. 171. See also Ludlam v. Ludlam, 26 N. Y. 356. 9. Illegitimate children.- The nationality of an illegitimate child born to an American mother abroad would, by the law of nations, follow that of the mother. It was held in Maryland that children born abroad out of lawful wedlock are not entitled to the benefit of the provisions of the act of Congress of April 14, 1802 (2 Stat. at L. 155, chap. 28, § 4, U. S. Comp. Stat. 1901, p. 1334), which declares that "the children of persons who now are, or have been, citizens of the United States shall, though born out of the limits and jurisdiction of the United States, be considered as citizens of the United States." Guyer v. Smith, 22 Md. 239, 85 Am. Dec. 650. In the case of Acosta y Foster, which came before the Spanish claims commission in 1882, it was held that, under the laws of the United States, an illegitimate child born abroad of an American woman is not a citizen of the United States. Moore, International Arbitrations, 2462. See letter of Atty. Gen. of N. Y. to Dept. of State, August 16, 1901. Illegitimate children born to a Chinese woman in China do not become American citizens by the subsequent marriage of the mother to a citizen of the United States. Illegitimate children follow the status of the mother, and the mother being Chinese, and not capable of being lawfully naturalized under the laws of the United States, her marriage to a citizen of the United States did not confer American citizenship on her. Ass't Sec'y Peirce to Consul at Shanghai, March 27, 1903. A person born on board an American vessel, of parents who are citizens of the United States, but who are at the time in a foreign country, not with the design of moving thither, but only having touched there in the course of a voyage which the father has made as captain of the vessel, is to be regarded as a citizen of the United States. United States v. Gordon, 5 Blatchf. 18, Fed. Cas. No. 15,231. A child who acquires American citizenship by birth to an American father abroad, under Rev. Stat. § 1993 (U. S. Comp. Stat. 1901, p. 1268), is a natural-born citizen of the United States. |