many,1 Hungary,2 Sweden, Switzerland, and by some of the smaller European states. The rule of jus soli. (b) Certain states follow the rule of jus soli, maintaining that the place of birth determines the nationality. Great Britain, by Article 4 of the Act of May 12, 1870, adopts this principle. By the Fourteenth Amendment of the Constitution of the United States, "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." The laws of the United States have given rise to many questions.5 Portugal and most of the South American states follow the jus soli. Variations in laws. (c) Other states follow sometimes the jus sanguinis, sometimes jus soli, and sometimes modifications of these laws. The laws of Belgium and Spain regard the child of an alien as an alien, though on attaining majority the child may choose the citizenship of the country of his birth. The French laws of June 26-28, 1889, and July 22, 1893, consider as subjects the children born abroad to French citizens, also the children of foreigners born in France, unless these children within one year after attaining majority elect the nationality of their parents. Most states allow the descendants born to foreigners sojourning within their limits to elect their allegiance on attaining majority. Switzerland, however, strongly maintains the jus sanguinis, without according any choice to the descendants born to foreigners within her limits, or to her own subjects born abroad except by formal renunciation of citizenship. Thus the child of a citizen of Switzerland born in France would be by French law a citizen of France, and by Swiss law a citizen of Switzerland. 1 Law of June 1, 1870. ⚫ July 3, 1876. 2 Dec. 24, 1879. Feb. 27, 1858. 3 Moore, § 425. the law of Germany, a citizen of Germany sojourning than ten years abroad without registration at his cone loses his German citizenship, without necessarily ring the citizenship of the country of his sojourn, thereby ning heimatlos, or a "man without a country." the present time the laws in regard to descendants to parents sojourning in a foreign state show the widest sity and give rise to unfortunate complications.1 1. Jurisdiction by Virtue of Acquired Nationality jurisdiction of a state extends to those who volunacquire its citizenship.2 A woman in most states by marriage acquires the ality of her husband. In some of the South American riage. states the husband acquires the citizenship of his wife. By the law of Belgium, August 6, 1881, y the law of France, June 26, 1889, it was made easier eigners who had married women natives of those states quire Belgian or French nationality respectively. The 1 States law holds that a woman marrying a citizen of nited States acquires his nationality. An American n on marrying a foreigner takes his nationality, but on ation of marital relations, she may regain American ality by registering within one year before a United consul or by residence within the United States.3 A state may acquire jurisdiction over persons by nattion, which is an act of sovereignty by which a foris admitted to citizenship in another state. The d of naturalization is in accord with local law and varies 7 in different states.4 The law of the United States radier-Fodéré, 1648-1653; Van Dyne, "Citizenship of the United Dyne, "Law of Naturalization of the United States." ts. at Large, 590; 1 Gould and Tucker, 479; 2 ibid., 178. adier-Fodéré, 1656 ff.; U. S. Sts. 1905-6, Pt. I, 596, Act June 29, A. J. I. L. Doc., p. 31. By naturalization. prescribes that Congress has power "to establish an uniform rule of naturalization." 1 The foreigner desiring naturalization in the United States must declare on oath before a court "two years, at least, prior to his admission, and after he has reached the age of eighteen years," his intent to become a citizen. After five years of residence and within seven years of the first declaration, he may obtain citizenship by taking an oath of allegiance to the United States and of renunciation of his former country.2 (c) A state may acquire jurisdiction over persons by annexation of the territory upon which they reside. The territory may be acquired by cession, exchange, purchase, conquest, etc. The conditions of the transfer of allegiance from the state formerly possessing the territory is usually fixed by the treaty. This transfer is known as collective naturalization. By annexation of territory. Ordinarily a right to choose the allegiance to either state is left to the inhabitants of an annexed territory. Removal from the new jurisdiction is usually required if the inhabitant does not choose to change his allegiance. If the inhabitant does not take any action, it is held that he thereby tacitly transfers his allegiance unless there are special treaty provisions.3 The effect of naturalization. (d) The effect of naturalization, whatever the method, is to make the person a citizen of the state into which he is admitted, and over him that state has jurisdiction in all places outside the jurisdiction of the state whose allegiance he has forsworn. There may be conflict in the laws determining the relations to his native state of a person who has renounced his allegiance to one state by naturalization in another state. The 1 Constitution of U. S., Art. I, § 8. 234 Sts. at Large, 590; 1 Gould and Tucker, 513; 2 ibid., 202. general law is, that he becomes entitled to all the privileges of a subject of the state of his new allegiance, except that when he is within his first state he becomes liable for the performance of any obligation which he may have incurred prior to his naturalization.1 A state may determine what conditions must be fulfilled in order to constitute a valid severance of allegiance. Laws are diverse upon this subject. Many states have maintained, and some still maintain, that allegiance is inalienable.2 England formally maintained this principle till 1870, and her attempts to enforce the principle brought on the War of 1812 with the United States. In certain countries, as in the United States and Switzerland, minor children are held to follow the allegiance of their father in case of naturalization. The French law claims that the minor child's nationality is that of his birthplace. The subject has been determined in some instances by treaty stipulation, yet must be considered, like many questions of naturalization, as unsettled. Many states distinguish in law and more in practice between that naturalization which carries with it protection of the state and allegiance of the subject (naturalisation ordinaire) and that naturalization which carries full political privileges (grande naturalisation). Incomplete (e) The fact that a person has taken the preliminary steps toward acquiring the nationality of a foreign state, by making a declaration of his intention or otherwise, naturalization. may give the state to which the person has assumed an inchoate allegiance the right of protection of the declarant against third states, though not necessarily against the native state of the declarant. Of the privileges to be accorded to one who has declared his intention 1Treaties of U. S., 1262; 3 Moore, § 401. 13 Moore, § 387. 3 'Hall, p. 231. to become a citizen of the United States, Secretary Marcy said, "The declaration, indeed, is prima facie evidence that the person who made it was, at its date, domiciled in the United States, and entitled thereby, though not to all, to certain rights of a citizen, and to much more consideration when abroad than is due to one who has never been in our country; but the declarant, not being a citizen under our laws, even while domiciled here, cannot enjoy all the rights of citizenship either here or abroad"; 1 and Mr. Marcy also says of the papers proving domicile, "And to this simple certificate... the European authorities are at liberty to pay such respect as they think proper." 2 Koszta. In 1853 a case arose in which the United States affirmed: "It is a maxim of international law that domicile confers national character; . . . international law looks Case of Martin only to the national character in determining what country has the right to protect. If a person goes from this country abroad, with the nationality of the United States, this law enjoins upon other nations to respect him, in regard to protection, as an American citizen." 3 This statement was made in support of the position assumed by the United States in the case of one Martin Koszta. Koszta, a Hungarian refugee of 1848-1849, went to Turkey, was imprisoned, later was released on condition of leaving the country, went to the United States, declared his intention to become a citizen, and in 1853 returned to Turkey. He went into business at Smyrna, obtained there a traveling pass certifying that he was under protection of the United States, was seized, thrown into the sea by persons employed by the Austrian consulate, and was picked up by an Austrian manof-war, Hussar. The consul of the United States remon 13 Moore, § 502, Marcy to Seibels, May 27, 1854. 23 Moore, § 502, Marcy to Fay, May 27, 1854. 2 Moore, §§ 197, 200, 287; 3 Moore, § 490; 5 Moore, § 870, Marcy to Hüselmann, Sept. 26, 1853. |