(1) Conditions of change of allegiance. § 398. 6. Denmark; Ecuador. § 400. VI. NATURALIZATION NOT RETROACTIVE. 1. General principles. § 401. 2. German treaties. (1) Military cases. § 402. § 399. (2) Statutes of limitation. § 403. 3. Austro-Hungarian treaty. § 404. 4. Belgian treaty. § 405. 5. Danish treaty. § 406. 6. Treaty with Sweden and Norway. § 407. VII. NATIONALITY OF MARRIED WOMEN. 1. Marriage of American women to aliens. (2) Reversion of nationality. § 409. (2) Reversion of nationality. § 411. 3. Law in other countries. § 412. VIII. EFFECT OF PARENTS' NATURALIZATION ON INFANTS. IX. NATURALIZATION INTERNATIONALLY INEFFECTIVE AS TO ABSENT FAMILY. 1. Married women. § 416. 2. Infants. § 417. 3. Good offices for emigration. § 418. X. PROOFS OF NATIONALITY. 1. Evidences of citizenship. § 419. 2. Proof of naturalization. (1) The judicial record. § 420. (2) Loss or destruction of record. $ 421. Question of fact. Practice of Department of State. 3. Impeachment of naturalization. (1) Rules of municipal courts. § 422. (2) Rule of international action. § 423. Repudiation of naturalization improperly obtained. (3) Authority to make decision. § 424. (4) Disposition of fraudulent certificates. § 425. 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. § 432. (1) Prior to 1868. (2) Since 1868. § 433. 3. Governmental doctrine. (1) Executive declarations down to 1845. § 434. (2) Mr. Buchanan's assertion of unqualified right. § 435. (3) Reversion to earlier doctrine. § 436. (4) Reassertion of unqualified right, 1857-1861. (5) Course during Civil War. § 438. (6) Act of 1868. § 439. (7) Subsequent statements. § 440. 4. Law of particular countries. (1) China. § 441. (2) France. § 442. (3) Germany. § 443. (4) Greece. § 444. (5) Guatemala. $ 445. (6) Italy. § 446. (7) Morocco. § 447. (13) Russia. § 453. (14) Servia. $ 454. (15) Spain. § 455. (16) Switzerland. $ 448. (a) Swiss law of 1876. § 456. (b) Diplomatic discussions. § 457. § 437. 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. A 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 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 v. Happersett, 21 Wall. 162, 165–166. |