national conflicts have had their origin in public wrongs to the state arising, however, out of persistent violations of the commercial or other interests of nationals.

This cursory survey of the means of assuring protection to citizens abroad and of exacting redress for a violation of their rights will have indicated the variety of agencies and methods authorized and recognized by international law for the enforcement of the rights of aliens. If these measures of constraint are usually applied by strong against weak states, it is largely because it is in the latter that the treatment of aliens frequently falls below the standard prescribed by international law and civilized custom and because in these states local protective agencies, both administrative and judicial, are often deemed unsatisfactory as guarantees of adequate remedies for defects in the measures adopted for the security of life and property.

PART III

THE OBJECT OF PROTECTION-THE PERSON AND PROPERTY OF CITIZENS

CHAPTER I

CITIZENSHIP THE PRIMARY TITLE TO PROTECTION

§ 198. American Citizenship.

It is now proper to enter upon a study of that branch of the present subject which relates to the legal status and qualifications necessary to the individual to entitle him to protection. While citizenship, as has already been observed, is the primary condition of or title to protection, it will be noted that this principle has numerous modalities and variations. It will be necessary to examine the various classes of persons to whom protection is extended by the government, and the effect upon their right to protection of various legal relations into. which they may enter.

Citizenship in constitutional law and citizenship or nationality in international law are not necessarily coextensive terms. Having already discussed the different senses in which the term "citizen" is used and the classes of persons to whom it is applied in the United States,1 attention may now be confined to the international phases of citizenship in its relation to diplomatic protection.2

The principal statutory provisions relating to citizenship in the United States are contained in title XXV, §§ 1992 to 2001, of the 1 Supra, § 12. See also H. Doc. 326, 59th Cong., 2nd sess., p. 43 et seq.

2 No attempt will be made to undertake an exhaustive study of citizenship in the municipal law of the United States. That phase of the subject is discussed in Morse, A. P., A treatise on citizenship, Boston, 1881; Van Dyne, F., Citizenship of the United States, Rochester, 1904; Webster, Prentiss, A treatise on the law of citizenship in the United States, Albany, 1891; Wise, J. S., A treatise on American citizenship, Northport, L. I., 1906 and in H. Doc. 326, 59th Cong., 2nd sess., Washington,

1906.

Revised Statutes, and in the Act of March 2, 1907,1 to which we shall have frequent occasion to recur in discussing the various classes of persons entitled to protection.

Broadly speaking, there are three categories of citizens of the United States those who have acquired citizenship either (1) by birth, or (2) by naturalization, or (3) by annexation of territory.

2

Prior to the Fourteenth Amendment, the Constitution of the United States did not declare who were and who were not citizens, nor did it define the constituent elements of citizenship. The Fourteenth Amendment, while intended primarily for the negro race, has in fact conferred citizenship upon persons of all other races, "born or naturalized in the United States and subject to the jurisdiction thereof." 3 Citizenship extends also to the foreign-born children of American citizens, with the limitation that the rights of citizenship shall not descend to children whose fathers have never resided in the United States.* Naturalization is another method of acquiring citizenship, and in international relations gives rise to many difficult problems. The power to naturalize foreign subjects was expressly granted by the states to the federal government, and as early as 1790 Congress made statutory provision for naturalization. The principal legislation on the subject is to be found in title XXX (§§ 2165–2174), and §§ 5395 and 54245429 of the Revised Statutes, and in the Act of June 29, 1906, as supplemented by the Regulations of the Department of Commerce (34 Stat. L. 596).5 The internationally important phases of naturaliza

134 Stat. L. 1228.

210 Op. Atty. Gen. 382.

Fed. Stat. Annotated, I, 785; In re Rodriguez, 81 Fed. Rep. 337, 353; U. S. v. Wong Kim Ark (1898), 169 U. S. 649 (person born in U. S. of Chinese parents). Strict limitations, however, prevail as to the persons capable of naturalization. These persons embrace only "white persons" and persons of African descent. 2 Stat. L. 153, R. S., § 2169; Moore's Dig. III, § 383; Van Dyne, Naturalization, Washington, 1907, 40-53.

R. S., § 1993. See infra, § 270; Act of Mar. 2, 1907, §§ 5 and 6, 34 Stat. L. 1229; and Regulations of the Dept. of State, Apr. 19, 1907, For. Rel., 1907, p. 9.

The Act of June 29, 1906 repealed §§ 2165, 2167, 2168 and 2173 of the Revised Statutes. We cannot here undertake a study of naturalization in American municipal law. For this purpose, reference may be made to the Fed. Stat. Annotated, V, p. 200 et seq., and to the Act of June 29, 1906; to "Naturalization laws and regulations," published at frequent intervals by the Dept. of Labor, Bureau of Naturalization

tion and particularly its relation to diplomatic protection abroad, will be discussed in the course of the present Part of this treatise.

Besides the customary method of naturalization involving a declaration of intention, a petition for naturalization, a fixed period (usually five years) of residence, a compliance with certain qualifications as to age, education, and moral character, the renunciation of any order of nobility or hereditary title and the oath of allegiance and renunciation of prior allegiance, the statutes of the United States provide for other methods of acquiring citizenship. Thus, children who are minors at the time of their parent's naturalization become citizens if dwelling in the United States.1 Alien women who marry American citizens thereby acquire American citizenship.2 An honorably discharged soldier, of age, may be admitted to citizenship upon his petition, without any declaration of intention, on proving one year's prior residence in the United States. An honorably discharged sailor in the Navy, of age, may be admitted to citizenship without a declaration of intention, after a consecutive service of five years. The widow and minor children of an alien who dies after declaring his intention but before becoming naturalized may, by complying with certain provisions of the Act of June 29, 1906, become naturalized without making a declaration of intention.5 Finally, Congress may by private Act admit an alien to citizenship.6

3

4

(latest edition dated Dec. 19, 1914); to Van Dyne, F., A treatise on the law of naturalization of the U. S., Washington, 1907; to Webster, P., Law of naturalization in the U. S. and of other countries, Boston, 1895; and to H. Doc. 326, 59th Cong., 2nd sess., 80 et seq. For early history of naturalization, see ibid. 8 et seq.; Moore's Dig. III, 297 et seq.; and to Shear, J. C., Syllabus-digest of decisions under the law of naturalization, Sept. 1906 to Aug., 1913, Collingswood, 1913.

1R. S., § 2172. As to what is "dwelling in the U. S.," see In re Palagnano, 38 Fed. 580, In re Gayde, 113 Fed. 588, and Van Dyne, Naturalization, 82, 197 et seq. But see In re Di Simone, 108 Fed. 942, reversed by In re Gayde.

2 R. S., § 1994. Section 4 of the Act of March 2, 1907; Van Dyne, Naturalization, 227 et seq. Infra, § 264.

3 R. S., § 2166.

4 Act of July 26, 1894, 28 Stat. L. 124.

Act of June 29, 1906, § 4, par. 6. Section 2167, R. S., which permitted minor residents under certain circumstances to dispense with the declaration of intention has been repealed by the Act of 1906, owing to the many frauds perpetrated under the so-called "minor's clause."

Act of Feb. 23, 1915, admitting to citizenship George Edward Lerrigo; see Hear

It has been held that imperfect or defective naturalization cannot confer rights to American citizenship or diplomatic protection. The limited passport granted by the Secretary of State in his discretion to those who have declared their intention to become citizens and who have resided three years in the United States may be considered a slight modification of this principle.2

§ 199. Naturalized Citizens Abroad..

4

Although prior to 1868 naturalized citizens of the United States had on numerous occasions secured the active diplomatic interposition of the government in their behalf equally with native citizens, it was not until the Act of July 27, 1868 (15 Stat. L. 224) that Congress gave formal legislative expression to the obligation of the United States to extend the same protection abroad to naturalized as to native citizens.3 The immediate occasion of the law was the arrest of certain naturalized citizens by the authorities of their parent countrieswhich adhered to the doctrine of indefeasible allegiance for nonperformance of military service. The United States has experienced much difficulty and in some cases indeed has met with failure in extending equal protection to native and naturalized citizens, inasmuch as the views and attitude of foreign governments with regard to expatriation and the obligations of their former subjects and citizens to their native country vary greatly, as will be seen hereafter. While the United States has concluded numerous naturalization treaties defining the status of naturalized citizens of a particular national origin, on their return to their native countries, the unwillingness of many countries to conclude naturalization treaties has made imings before House Committee on Immigration and Naturalization, May 7 and 21, 1914.

1 For. Rel., 1887, 190 et seq.; For Rel., 1885, 849 et seq.; H. Doc. 326, 59th Cong., 2nd sess., 209.

2 Infra, p. 501.

3 That provision of the Act, now embodied in § 2000 of the Revised Statutes reads: "All naturalized citizens of the United States, while in foreign countries, are entitled to and shall receive from this Government the same protection of person and property which is accorded to native-born citizens." See also Morse on Citizenship, § 134. * See a brief account of the historical and political setting of the Act in S. Doc. 326, 59th Cong., 2nd sess., pp. 10-13.