ernment and the police find it difficult to distinguish between the one and the other. In consequence such foreign Armenians will not be allowed to assume Ottoman nationality, in accordance with the law which authorizes the admission of other foreigners to become Ottoman subjects." Imperial iradé of the Turkish Government, Oct. 9, 1896, communicated to the Department of State by Mr. Terrell, American minister at Constantinople, Oct. 10, 1896, For. Rel. 1896, 937. "A decree of the Turkish Government of October 9, 1896, prohibits from hereafter residing in Turkey any Armenian who has emigrated in the last twenty years." (Mr. Hill, Assist. Sec. of State, to Mr. Momiroff, Feb. 1, 1899, 234 MS. Dom. Let. 347.) (f) UNRATIFIED TREATY OF 1874. § 464. A naturalization treaty between the United States and Turkey was signed at Constantinople, Aug. 11, 1874. In regard to the renunciation of acquired citizenship, it followed (Art. II.) the provisions usually found in the treaties of the United States, except that it provided that the intention not to return to the country of adoption shall" (instead of "may") be considered as established by a two years' residence in the country of origin. The Senate of the United States, however, amended the treaty by substituting the usual form. The ratifications of the treaty as thus amended were exchanged at Constantinople, April 22, 1875, but with an explanation by the Ottoman Government, which in effect restored the original meaning. The Government of the United States in consequence declined to consider the exchange as effective, and refused to proclaim the treaty. The situation remained practically unchanged till January 16, 1889, when Mr. Straus, then minister of the United States at Constantinople, reported that he had obtained the Sultan's iradé accepting the treaty as amended, without any qualification, and annulling all former Turkish interpretations, the treaty to take effect on its proclamation by the President. In view, however, of the lapse of fourteen years since the Senate's approval of the treaty, the President decided again to take the advice of that body. He accordingly resubmitted the treaty, Feb. 27, 1889; and by a resolution of February 28, 1889, the Senate advised and consented to the exchange of ratifications "only upon the distinct understanding to be had between the two Governments that Article II. of the convention, as amended by the Senate, shall not be construed to apply to persons already naturalized in either country." In a note to the Turkish minister at Washington, of January 31, 1891, Mr. Blaine, as Secretary of State, stated that the resolution of the Senate was understood to mean that the provisions of the article in question" shall not apply to citizens or subjects of either country naturalized prior to the date of the exchange of ratifications, but that the effect of the return of such persons to their native country shall be determined according to the rules that existed prior to the exchange of the ratifications.” The ratifications remained unexchanged. Mr. Olney, Sec. of State, to Mr. Terrell, min. to Turkey, Oct. 15, 1896, See also Mavroyeni Bey, Turkish min., to Mr. Olney, Sec. of State, See, further, as to this treaty, Mr. Bayard, Sec. of State, to Mr. Cox, Mr. Bayard to Mr. Cox, March 4, 1886, contains a long historical review The Government of the United States declined to approve the declara- See, also, Mr. Straus to Mr. Bayard, No. 17, Aug. 2, 1887, 47 MS. Desp. As to the resolution of the Senate of Feb. 28, 1889, and the subsequent (18) VENEZUELA. "Your dispatch No. 45, of the 16th ultimo, upon the subject of Miguel Felipe and Bartholome Antich, natives of Venezuela, but naturalized in this country, has been received. The course taken by you in regard to the matter is approved. The Venezuelan minister for foreign affairs, however, seems to have mistaken the meaning of the clause of the constitution of that republic to which he refers as jusifying their claim to jurisdiction over those persons. That clause merely affirms a truism contained in many other constitutions, and founded upon public law, that all persons born in a country are to be regarded as citizens thereof. It does not deny the right of expatriation, as the minister appears to suppose. Few governments now make such a denial, and the Department is not aware of any law of Venezuela which prohibits emigration from that country and naturalization elsewhere. If, however, as appears to be the case, the persons referred to propose to return to the United States, that step, if carried into effect, would relieve us from further controversy in regard to their particular case." Mr. Fish, Sec. of State, to Mr. Pile, min. to Venezuela, June 22, 1872, For. "Article 5 [of the constitution of Venezuela, adopted by the National Constituent Assembly June 12, 1893, and promulgated July 5, 1893, superseding the constitution of April 16, 1891, which was the same as that of April 27, 1881, except as to the power of amendment] declares the law of citizenship. Division (a), section 1, is the same as in the former constitution, and adopts the rule of jus soli in its entirety, declaring every person born in the territory of Venezuela a Venezuelan, whatever may be the nationality of his parents. Division (a), section 2, and division (b), section 1, following the former constitution, make children born abroad of a Venezuelan father or mother Venezuelan citizens, provided they become domiciled in Venezuela and declare their desire to be such; but the two sections. distinguish between children so born of a native Venezuelan parent and of a naturalized Venezuelan parent, declaring the former native and the latter naturalized citizens. Division (a), section 3, simply declares the principle of international law that a child born abroad of a Venezuelan citizen in the diplomatic service is a native citizen. "Division (), sections 2 and 3, provide for the naturalization of foreigners, and like the last constitution distinguish between the forms required for natives of any of the Spanish-American republics or of the Spanish Antilles and other foreigners. The last constitution (article 6) provided that those who fix their domicil and acquire nationality in a foreign country do not lose the character of Venezuelans. This declaration against the right of expatriation has been omitted from the new constitution." Mr. Partridge, min. to Venezuela, to Mr. Gresham, Sec. of State, July 12, 1893, For. Rel. 1893, 731. The translation of art. 5 of the constitution, as enclosed by Mr. Partridge, reads: "ART. 5. Venezuelans are such by birth or by naturalization. “(a) Venezuelans by birth are—– (1) All persons that have been or may be born on Venezuelan soil, whatever may be the nationality of their parents. "(2) The children of a Venezuelan father and mother by birth who may "(3) Legitimate children that may be born on foreign soil or at sea of a "(1) The children of a Venezuelan father or mother by naturalization, "(2) Those born or that may be born in the Spanish-American republics or in the Spanish Antilles, provided that they may have fixed their residence in the territory of the Republic and manifested their desire to be Venezuelans. "(3) Foreigners who have obtained a letter of naturalization or citizenship conformably to the law.” "The provision that all persons born on Venezuelan soil are citizens, whatever the nationality of their parents, is found in many Spanish-American countries, being derived from the Spanish constitution of 1812. (See Foreign Relations, 1880, p. 113.) It is in most cases either expressly or tacitly qualified by the necessary condition of being or remaining within the jurisdiction of the country of birth. The Venezuelan provision may be assumed to mean that children so born of alien parents possess a dual nationality, and that while in Venezuela their Venezuelan nationality prevails. In this light it is merely an enunciation of an obvious conflict of laws." Mr. Adee, Act. Sec. of State, to Mr. Partridge, min. to Venezuela, July 26, 1893, For. Rel. 1893, 734. The Constitution of Venezuela of April 27, 1904, Title III., Section 1, provides: "ART. 8. Venezuelans are such by birth or naturalization. "(a) Venezuelans by birth are: "1. All persons born on Venezuelan soil, and "2. The children of Venezuelan fathers, whatever the place of their birth may be. "(b) Venezuelans by naturalization are: "1. All persons born in the Spanish-American Republics, provided that they have acquired domicil in the Republic and shown their desire to become Venezuelans. "2. Foreigners who have obtained naturalization papers according to the "3. Foreigners who become Venezuelans by virtue of special laws. she makes, within one year after the said dissolution, the declaration to which the following article refers." (Rodriguez, American Constitutions, I. 199–200.) I wish here to express my special appreciation of the excellent and useful work just cited, being a compilation of the political constitutions of the independent nations of America, with notes and appendices, by Dr. José Ignacio Rodriguez, the learned chief translator and librarian of the International Bureau of the American Republics. XIII. MODES OF EXPATRIATION. 1. ACTS HELD TO EFFECT EXPATRIATION. § 466. In some of the opinions given under this head, it is difficult to escape the conclusion that the word "expatriation" may have been employed in the sense of forfeiture of the right to national protection, instead of in the full sense of change of home and allegiance. Much confusion has resulted from the failure to keep this distinction in mind. There is no mode of renunciation by a citizen of his citizenship prescribed. But if he emigrates, carries his family and effects along with him, manifests a plain intention not to return, takes up his permanent residence abroad, and assumes the obligation of a subject. to a foreign government, this would imply a dissolution of his previous relations with the United States. Black, At. Gen., 1857, 9 Op. 62. Former citizens of the United States who have, by naturalization, become British subjects, are, while domiciled in the United States, entitled by treaty to all the rights of native-born British subjects. Newcomb r. Newcomb (Ky. 1900), 57 S. W. 2. If a citizen of the United States emigrates to a foreign country, and there, in the mode provided by its laws, renounces his American citizenship with a bona fide intent of becoming a citizen of such country, his course should be regarded by our Government as an act of expatriation. Williams, At. Gen. 1873, 14 Op. 295. Where a citizen of the United States at different times obtained Austrian passports, traveled as an Austrian subject, and resided many years in the country, he will be considered an Austrian, on the ground that consent, together with the laws of that country, has effected a change in his nationality. Williams, At. Gen. 1872, 14 Op. 154. |