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6. Treaty with Sweden and Norway. $ 407.
Practice of Department of State.
XI. DOUBLE ALLEGIANCE.
1. Foreign-born children.
(1) Act of 1855. $ 426.
(2) Particular applications of principle. 427. 2. Native-born children.
(1) Double allegiance at birth. $ 428.
(2) Change of parents' nationality. $ 429.
3. Election at majority. $ 430. XII. QUESTION OF EXPATRIATION.
1. Common law doctrine. $ 431.
(1) Prior to 1868. § 432.
(2) Since 1868. $ 433.
(1) Executive declarations down to 1845. $ 434.
(7) Subsequent statements. $ 440.
(1) China. $ 441.
(a) Swiss law of 1876. $ 456.
(C) Futile conventional negotiations. $ 458.
(a) Law of 1869. $ 459.
(f) Unratified treaty of 1874. § 464.
(18) Venezuela. $ 465. XIII. MODES OF EXPATRIATION.
1. Acts held to effect expatriation. $ 466.
XIV. RENUNCIATION OF NATURALIZATION.
1. General principles. $ 170.
4. Treaty with Denmark. $ 473.
1. Foreign domicil.
(1) Native citizens. $174.
(5) Residence in Oriental lands. $ 478.
6. Question of matriculation. $ 483.
I. SOURCES OF NATIONALITY.
National character, in legal and diplomatic discussions, usually is denoted by the term “ citizenship." In most cases this is not misleading, since citizenship is the great source of national character. It is not, however, the only source. temporary national character may be derived from service as a seaman, and also, in matters of belligerency, from domicil, so that there may exist between one's citizenship and his national character, for certain purposes, an actual diversity. For these reasons, in my work on International Arbitrations, I gave to the chapter in which citizenship is discussed the title “ Nationality,” in order that it might comprehend not only those who may be called “ citizens,” but also all those who, whether they be citizens or not, may be called “ nationals."
Citizenship, strictly speaking, is a term of municipal law, and denotes the possession within the particular state of full civil and political rights, subject to special disqualifications, such as minority or sex. The conditions on which citizenship is acquired are regulated by municipal law.
In American law the term “ citizen " or " citizenship" is used to denote a relation to the various States as well as to the United States. The conditions of State citizenship greatly vary in the several States, some requiring as a prerequisite of the exercise of the elective franchise the possession of citizenship of the United States, while others require only a declaration of intention to become a citizen of the
H. Doc. 551—vol 3-18
United States, coupled with some qualification of residence. Citizenship of a State does not, however, confer citizenship of the United States; and it is only those who are citizens of the United States that can be considered as possessing, on the ground of citizenship, American nationality. It is an anomaly, under the American system, that, as the result of leaving the qualifications of electors to the determination of the several States, a person may, if he happen to live in a particular State, exercise the highest electoral privileges, and by his vote potentially decide the fate of a national election, though he is not a citizen of the United States nor clothed with American nationality.
It is proper to call attention to the fact that the words " citizen," citizenship,” “ domicil,” and “expatriation," are not used, in the extracts in the present chapter, in a uniform sense. By “ citizen," a domiciled person or even a mere resident seems sometimes to be meant; “ domicil" is at times used in the sense of residence, not definitive, but more or less prolonged; while “ expatriation,” in some passages, evidently signifies a change of residence or of domicil, and not a change of home and allegiance. It is equally obvious that, by reason of these diversities, supposed precedents have sometimes been misconceived; and, following the course pursued in the rest of the work, I have endeavored to correct this defect by giving, as far as possible, a summary
of the facts with reference to which the phrases were employed, instead of the words alone.
“ There cannot be a nation without a people. The very idea of a political community, such as a nation is, implies an association of persons for the promotion of their general welfare. Each one of the persons associated becomes a member of the nation formed by the association. He owes it allegiance and is entitled to its protection. Allegiance and protection are, in this connection, reciprocal obligations. The one is a compensation for the other—allegiance for protection and protection for allegiance.
“For convenience it has been found necessary to give a name to this membership. The object is to designate by a title the person and the relation he bears to the nation. For this purpose the words é subject, 'inhabitant, and citizen' have been used, and the choice between them is sometimes made to depend upon the form of the government. Citizen is now more commonly employed, however, and as it has been considered better suited to the description of one living under a republican government, it was adopted by nearly all of the States upon their separation from Great Britain, and was afterwards adopted in the Articles of Confederation and in the Constitution of the United States. When used in this sense it is understood as conveying the idea of membership of a nation, and nothing more."
Waite, C. J., Minor r. IIappersett, 21 Wall. 162, 165-166,
Citizens are members of the political community to which they belong. They are the people who compose the community, and who, in their associated capacity, have established or submitted themselves to the dominion of a government for the promotion of their general welfare and the protection of their individual as well as their collective rights. The duty of a government to afford protection is limited always by the power it possesses for that purpose.
United States r'. Cruikshank, 92 C. S. 512, 549.
The term “ subjects " in the 15th article of the Spanish treaty of 1795, when applied to persons owing allegiance to Spain, must be construed in the same sense as the term “ citizens " or "inhabitants” when applied to persons owing allegiance to the United States, and extends to all persons domiciled in the Spanish dominions.
The Pizarro, 2 Wheat. 227.
Questions as to citizenship are determined by municipal law in subordination to the law of nations.
Stanbery, At. Gen., 1867, 12 Op. 319.
In the absence of proof that an alien has become a citizen of the United States, his original status is presumed to continue.
Hauenstein v. Lynham, 100 ('. S. 183.
A person disfranchised as a citizen by conviction for crime under the laws of the United States can be restored to his rights as such by a free and full pardon from the President, and such pardon may be granted after he has suffered the other penalties incident to his conviction as well as before.
Black, At. Gen., 1860, 9 Op. 478.
“ We have in our political system a government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own who owe it allegiance, and whose rights, within its jurisdiction, it must protect. The same person may be at the same time a citizen of the United States and a citizen of a State; but his rights of citizenship under one of these governments will be different from those he has under the other."
Waite, C. J., United States t. Cruikshank, 92 U. S. 542, 519.
the United States are declared to be citizens of “the States wherein they reside," citizenship of a State does not confer citizenship of the United States. (Boyd 1. Thayer, 143 U. S. 135; Minneapolis v. Reum, 56 Fed. Rep. 576, 6 C. C. A. 31; United States v. Rhodes, 1 Abb. U. S. 28, 40.)