ment, or becomes the subject of a foreign power, is liable, for this violation of his duty and oath of fidelity to the loss of all his civil rights and perpetual banishment from the Empire, or, if afterwards he returns voluntarily to Russia, to deportation to Siberia. *Article 326. Whoever, absenting himself from the fatherland, does not return to it upon being invited to do so by the Government, is equally liable, for the infraction, to the loss of all civil rights and to perpetual banishment from the Empire, if within the term fixed at the option of the court he does not show that he has been impelled by circumstances independent of his will or, at the least, extenuating circumstances. Up to that moment he is considered as absent, disappeared from his domicil, and his property is placed under guardianship, according to the regulations established to this effect by the civil laws. "The property of a person sentenced to the loss of civil rights is not confiscated, but passes to his legitimate heirs under the same laws which would be applied in the case of his natural death. The heirs can also claim possession of all property which might come by inheritance to the culprit after his condemnation. 66 The wife of the person deprived of civil rights has the right to claim a divorce. Furthermore, the culprit loses his paternal authority over his children born prior to his condemnation. "Articles 24, 26, 27, 28 of the Penal Code: "Article 24. The loss of civil rights does not affect the wife of the convict nor his children born or conceived prior to his condemnation, nor their descendants. "Article 26. Deportation to Siberia entails the loss of all family and property rights. "Article 27. The loss of family rights consists in the termination of paternal authority over the children born prior to the condemnation, if the children of the convict have not followed him into deportation, or if they left him afterwards. "Article 28. Following the loss of property rights, all property which belonged to the convict sentenced to enforced labor or to deportation, passes, from the day of execution of the sentence, to his legal heirs, in such a manner as it would pass in the case of the natural death of the convict. “The proceedings and sentence for infraction provided for in article 325 of the Penal Code follow the ordinary course of criminal procedure. "The examining judge proceeds in an investigation upon the official evidence of the police and local authorities or upon the requisition of the procureur. Persons charged with illegal absence from the fatherland are transferred before a court of justice after arrest at the frontier or on the territory of the Empire. "They may, however, be prosecuted by default if they do not answer to the summons of the court after legal citation to appear has been inserted in the newspapers or addressed to the delinquent through our diplomatic and consular agencies. 66 Question. If the property be confiscated is it only during the life of the offender, or does it remain forever alienated from his heirs? "Answer. See the reply given above. “Question. What, if any, are the penalties provided for those who emigrate in childhood or during their minority and subsequently become citizens or subjects of a foreign country without imperial consent? And what is the period of minority? “Answer. They entail all the consequences mentioned in the first reply, if they do not take the steps necessary when they attain their majority, which is fixed at 21 years of age. "Article 221, Vol. X, first part of Civil Code: "Article 221. The rights to fully dispose of one's property, to contract obligations are not acquired before coming of age, that is to say, before 21 years of age. “Question. Is military service claimed if it matures while a subject is abroad and after he has sworn allegiance to another country? And what are the penalties for failure to return and perform such service? "Answer. By virtue of article 3 of the Regulation of Military Service, persons above 15 years of age can not ask supreme permission to avoid the duties incumbent upon Russian subjects before having acquitted their military obligations. Persons who have attained the age of 20 years and over, who sojourn abroad, are notified to respond to the military service. In case they fail to respond to this call, they entail the penalties indicated in the above-mentioned article 326 of the Penal Code. “Question 5. What is the status, in the foregoing respect, of the children and further descendants born in the country to which the father may have sworn allegiance or in which he may have acquired citizenship, as herein contemplated? “Question 6. Can any of these descendants inherit property or in any way acquire title to property in the Empire? "Answer to questions 5 and 6. The children of a Russian subject, born in legitimate marriage, even in the case their father may have lost his civil rights, are considered as Russian subjects and have a right to hold property in the Empire, whether by succession or by any other legal means of acquisition.” The Russian legation at Washington having informed a naturalized citizen of the United States of Russian origin, who sought permission to revisit his native land, that "every one who left Russia before his enlistment in the army on his return to that country must serve his term, which is five years," the Russian Government, in response to an inquiry by the United States, stated that the five years' military service was not in lieu of the penalties established by article 325 of the Penal Code for unlawful abandonment of Russian subjection. All the subjects of the Empire, without distinction of religion, are held to serve during that time under the flag." " Count Lamsdorff, Imp. ministry of for. aff., to Mr. Hitchcock, U. S. min., "I have the honor to inform you that it is a punishable offense under Russian law for a Russian to become a citizen of any other country without Imperial consent, and that, consequently, this Government can not encourage American citizens whom the law might affect to expect immunity from its operations if they place themselves within its sphere, "If, in addition, Mr. Haskell is of the Jewish faith, he would be prevented from entering Russia also by the Russian law which prohibits the Russian consular officers abroad from visaing, without authority previously obtained, the passports of Hebrews, except in the case of certain exempted classes, "which are bankers and chiefs of commercial houses of known importance, and brokers, representatives, clerks and agents of said houses having papers showing authority to represent them. In these cases the consular officers are directed to notify the minister of the interior that they have visaed such passport." Mr. Hay, Sec. of State, to Mr. Belmont, Jan. 25, 1900, 242 MS. Dom. “The Department is just in receipt of a despatch from our minister at "Petitions for release from Russian allegiance should be addressed by the applicant directly to the minister of the interior at St. Petersburg.” (Mr. Hill, Assist. Sec. of State, to Mr. Monkiewicz, March 10, 1899, 235 MS. Dom. Let. 382.) (14) SERVIA. § 454. "The information given below is believed to be correct, yet is not to be considered as official, as it relates to the laws and regulations of a foreign country. "Ordinarily all subjects of Servia are expected to perform at least two years' military service after they attain manhood. "If a subject of Servia emigrates before he has fulfilled his military obligations, the Servian Government does not recognize a change of nationality made without the consent of the King, and upon his return he may be subject to molestation. "If, however, he performed his military service before emigration, his acquisition of naturalization in the United States is recognized by the Servian Government. "There is no treaty between the United States and Servia defining the status of naturalized Americans of Servian birth returning to Servia." Circular notice, Department of State, Washington, April 10, 1901, For. (15) SPAIN. § 455. Referring to your enquiry of January last, I have now to inform you that, according to a note of the Spanish minister of state, enclosed in despatch No. 270, from Madrid, the provisions of the following decree of Nov. 17, 1852 (art. 45), still apply to the case of a Spaniard who becomes naturalized, without complying with the law of military service, and returns to Spain in the character of foreigner, viz: 666 "A foreigner naturalized in Spain and a Spaniard naturalized in the territory of another power without the knowledge and authority of their respective governments, shall not be exempt from the obligations belonging to their original nationality, although the Spanish subject in other respects loses the quality of Spaniard in accordance with the provisions of par. 5, art. 1 of the Constitution of the Monarchy." Mr. Bayard, Sec. of State, to Mr. Blanco, Nov. 23, 1887, 166 MS. Dom. In a dispatch to Mr. Bayard, No. 241, Aug. 19, 1887, Mr. Strobel, chargé "In accordance with instructions, an official statement has been requested of the minister of foreign affairs of the laws of Spain now in force affecting the status or liabilities of former subjects, once owing military service, who have been naturalized in foreign countries, should such persons visit their native country.' "It may not be improper in the meantime to give what my own exam- "Article I. of the constitution of 1876, now in force, says: The quality "It seems, therefore, that a Spaniard naturalized in a foreign country "I have assumed that the words, once owing military service' in the instructions referred to, mean simply liability' and not actually drafted.' "In the latter case, the question of desertion or criminality under martial law might arise." (For. Rel. 1887, 998.) As a matter of fact, Spain habitually recognized, in Cuba, the full effect For an exhaustive examination of the law of Spain, see Moore, Int. See, also, Mr. Evarts, Sec. of State, to Mr. Fairchild, min. to Spain, H. Doc. 551-vol 3- -42 "If, in addition, Mr. Haskell is of the Jewish faith, he would be prevented from entering Russia also by the Russian law which prohibits the Russian consular officers abroad from visaing, without authority previously obtained, the passports of Hebrews, except in the case of certain exempted classes, "which are bankers and chiefs of commercial houses of known importance, and brokers, representatives, clerks and agents of said houses having papers showing authority to represent them. In these cases the consular officers are directed to notify the minister of the interior that they have visaed such passport.' Mr. Hay, Sec. of State, to Mr. Belmont, Jan. 25, 1900, 242 MS. Dom. "The Department is just in receipt of a despatch from our minister at "Petitions for release from Russian allegiance should be addressed by the applicant directly to the minister of the interior at St. Petersburg." (Mr. Hill, Assist. Sec. of State, to Mr. Monkiewicz, March 10, 1899, 235 MS. Dom. Let. 382.) (14) SERVIA. § 454. "The information given below is believed to be correct, yet is not to be considered as official, as it relates to the laws and regulations of a foreign country. "Ordinarily all subjects of Servia are expected to perform at least two years' military service after they attain manhood. "If a subject of Servia emigrates before he has fulfilled his military obligations, the Servian Government does not recognize a change of nationality made without the consent of the King, and upon his return he may be subject to molestation. "If, however, he performed his military service before emigration, his acquisition of naturalization in the United States is recognized by the Servian Government. "There is no treaty between the United States and Servia defining the status of naturalized Americans of Servian birth returning to Servia." Circular notice, Department of State, Washington, April 10, 1901, For. |