ican citizen, formerly a subject of Russia, who returns to that country places himself within the exclusive jurisdiction of Russian law. In Turkey, that government's claim to treat the returned individual as a Turkish subject or to punish him for the offense of unpermitted naturalization abroad, is not pressed, and expulsion is usually the utmost penalty imposed.

No attempt is made by the United States in these or in any other countries to exempt naturalized citizens from penalties for offenses committed prior to their emigration to the United States.

§ 238. (B) Countries Which Recognize Foreign Naturalization Upon Condition Only.

A second category of countries, closely related to the first class, predicate the recognition of the American citizenship of one of their subjects upon the completed performance of certain obligations to his native state, usually the fulfillment of his military service, or upon a grant of preliminary consent to a change of nationality, which is usually withheld until military service is performed. With many variations in their requirements, this class of countries may be considered to include France, Switzerland, Italy, The Netherlands, Servia, Bulgaria, Greece (on occasion) and Persia. The United States has not concluded naturalization treaties with the countries in either of the two classes named.

These countries either do not permit a renunciation of their citizenship, without consent, during military age1 (17 to 40, 20 to 40 or 45

1 This is a qualified denial of the right of expatriation. France, Circular, Feb. 10, 1914 and Mr. Vignaud's report to Sec'y of State Sherman, August 2, 1897, For. Rel., 1897, 141 et seq. Case of Emile Robin, For. Rel., 1901, 156–157; case of Rene Dubuc, For. Rel., 1910, 514. Switzerland requires a specific renunciation of Swiss allegiance and acceptance thereof by Swiss authorities as a condition of recognizing the foreign naturalization of a Switzer. Without such acceptance, it is not recognized and Swiss citizenship descends from generation to generation. Circular of Jan. 8, 1901. Were it not for the fact that the renunciation and acceptance are mere formalities, Switzerland would have to be placed in the backward class of Russia and Turkey. On Swiss law and practice, see Moore's Dig. III, §§ 456–458. Bulgaria and Greece proclaim the principle stated in the text, but the practice is not uniform. In the case of Greece, the United States has on several occasions secured release from service for a naturalized citizen of Greek origin. Moore's Dig. III, § 444. In the case of Bulgaria and Greece, American naturalized citizens of Bulgarian or Greek orgin, are advised to ascertain

generally, although it varies from country to country), or else consider foreign naturalization no bar to liability to military service.1 A returning American citizen, naturalized without consent, who has failed to respond to the notice calling him to military service, or who has merely not performed his military duties, is liable either to arrest and trial and the compulsory performance of the service, as in France,2 Italy, the Netherlands, Servia, and Greece, or to the payment of an annual tax, as in Switzerland.7

3

5

their status before their return to those countries. The Department of State does not, however, act as the intermediary. Bulgaria, Circular, Jan. 20, 1910. Greece, Circular, Jan. 31, 1901. Servia does not recognize a change of nationality, without consent, until the subject has performed his military obligations. Circular, April 11, 1910. Roumania appears to molest only those who infringed Roumanian law before emigrating. Circular, Dec. 18, 1913. Persia does not grant permission to a Persian subject to be naturalized abroad, if he is under charge for a crime committed in Persia, or is a fugitive from justice, or a deserter from the Persian army, or is in debt in Persia, or fled to avoid pecuniary obligations. Persian law resembles that of Turkey in that unauthorized foreign naturalization involves a prohibition to reënter Persian territory. If such a Persian subject had any property in Persia he is ordered to sell or dispose of it. Circular, May 19, 1914.

1

1 Italy, Circular, Dec. 19, 1913, Moore's Dig., § 446. Netherlands, Circular, August 30, 1901 and Moore's Dig. III, § 448. The former Dutch subject may, however, avoid service by having his name removed from the military register or by becoming an American citizen prior to August 31 of the calendar year in which he reaches the age of 19. He is advised to ascertain his status before returning. As to France, Greece, Bulgaria, Servia and Switzerland, see preceding note.

2 He is liable to both in France. Dept. of State circular, Feb. 10, 1914. There is a wide range of liability.

3 Between the ages of 16 and 32, the Italian is liable to arrest and forced military service. If returning when under 16, he is not molested. If over 32, he is liable to service only in the Territorial Reserve Army. Exemption from punishment for past failure to appear is contingent upon compliance with certain formalities, which may be performed at an Italian Embassy or consulate. Circular of Dec. 19, 1913; Moore's Dig. III, § 446.

4 In the Netherlands, he is liable to be treated (1) as a deserter, if he did not respond to the summons for service, or (2) to be enlisted if he is under forty. Circular of August 30, 1901.

5 He may be subject to molestation, for his unauthorized naturalization is not recognized in Servia. Circular of April 11, 1910.

He may be arrested in Greece. Circular of Jan. 31, 1901. The practice of the Greek Government is not uniform.

7 Whether he resides in Switzerland or not. On default, he is liable to punishment, if he returns to Switzerland. Circular of Jan. 8, 1901.

As in the case of Russia and Turkey, the United States is unable to make effective its legal claim to the citizenship and exemption from military service of persons, natives of the countries mentioned in this second group, when they voluntarily return to their native country and place themselves within its jurisdiction. Nevertheless, upon proof of American naturalization, the Secretary of State almost uniformly instructs the diplomatic officers of the United States to intervene in behalf of such persons to relieve them of duties inconsistent with American citizenship. At times, these representations have succeeded in securing for these naturalized citizens a considerable measure of relief from obligations and incidental penalties growing out of their former allegiance. In the absence of treaty, however, compliance with such requests by foreign governments rests upon comity.

Under the head of dual nationality, we shall discuss the case of American-born sons of the nationals of countries which, like France, Italy, Switzerland and other countries, adopt the principle of jus sanguinis and claim the allegiance and the obligation to perform military service of the foreign-born sons of their nationals-France, Switzerland, and other non-treaty countries, regardless of the naturalization of the father.1

$239. (C) Countries Which Have Concluded Naturalization Treaties with the United States.

A third category of countries embraces those which, while following the principles of the second class in their claims to military service, have limited their right to the services of their expatriated citizens by certain naturalization treaties. These countries recognize the doctrine of voluntary expatriation. The first of these naturalization treaties were the Bancroft treaties, concluded in 1868 with the North German Confederation, Bavaria, Baden, Würtemberg and Hesse.2 They were followed by treaties with Belgium, Great Britain, Sweden and Norway, Austria-Hungary and Denmark. In 1872 a treaty with

2 These treatises may be found in v. 15 and 16, Stat. L., in the Appendix to Van Dyne, Naturalization, and in Malloy's Treaties, 1910-1913.

These treaties were concluded between 1868 and 1872 and may be found in

Ecuador was concluded,1 and in 1902 one with Haiti. The last European state to conclude a treaty was Portugal in 1908. Following the principles of the Pan-American convention signed at Rio de Janeiro, Aug. 13, 1906,2 the United States concluded naturalization treaties with Peru (1907), with Honduras, Salvador, Nicaragua, Uruguay and Brazil (1908) and with Costa Rica (1911).

There are two guiding principles in these treaties aside from the important stipulation recognizing the change of allegiance of a subject naturalized in the other country. These are the continued liability to punishment in the native state for offenses committed prior to emigration and the presumption of loss of citizenship by two years' continued residence in the country of origin. This latter principle, first expressed in the Bancroft treaties of 1868, has been finally incorporated into the Act of March 2, 1907, § 2.

In practically all the treaties, except the one with Great Britain and the recent ones with the Latin-American countries, naturalization and five years' residence in the United States are required as conditions necessary to the recognition of a change of allegiance. In the remaining treaties, voluntary naturalization alone is a sufficient basis for such recognition.

3

By the naturalization treaties, these countries recognize the American naturalization of their former nationals, subject, in case of the emigrant's return to his old country, to his punishment for offenses committed prior to emigration, particularly the evasion of an existing or accrued liability to military service. But he is protected against the exaction of what at the time of emigration was merely a future liability to serve.1

The classes of offenses arising out of emigration, under the military laws of the continental countries, for which a naturalized American citi

v. 16 and 17, Stat. L. and in other sources above mentioned. A treaty of 1868 with Mexico was denounced by Mexcio in 1882.

This treaty was abrogated by the government of Ecuador, August 25, 1892. 2 Convention between the U. S. and other powers. Status of naturalized citizens, signed at Rio de Janeiro, August 13, 1906. Treaty series, No. 575.

Unless the right to punish has been lost by lapse of time as provided by law. The treaties generally provide that the act of emigration itself is not punishable. 4 Westlake, op. cit., I, 231.

zen may, upon his return to his native country, be arrested and punished, are set out in the law of Austria-Hungary as follows: (1) If he was accepted and enrolled as a recruit in the army before the date of emigration, although he had not been put in service; (2) if he was a soldier when he emigrated, either in active service or on leave of absence; (3) if he was summoned by notice or by proclamation before his emigration to serve in the reserve or militia and failed to obey the call; (4) if he emigrated after war had broken out. The penalty for such violation of the law is either fine, imprisonment or the compulsory accomplishment of the defaulted military service, sometimes for an additional period as a penalty. The law varies from country to country.2

§ 240. Germany and Austria-Hungary.

With regard to Germany, the naturalization treaties have received an interpretation which warrants special notice. The treaties with the German States, with the exception of that with Baden, provide that a renewal of residence in the native country without the intent to return to the United States shall be construed as a renunciation of American naturalization, and that this intent not to return may be held to exist when the residence exceeds two years in duration. The German authorities have construed this renunciation as practically equivalent to a reacquisition of German nationality, and have 1 Circular notice, Austria-Hungary, May 15, 1912, For. Rel., 1910, p. 70; Belgium, Oct. 14, 1913; Denmark, April 29, 1913; Germany, March 29, 1912; Norway, Feb. 9, 1901; Sweden, Feb. 9, 1901; Portugal, July 18, 1910. The military law varies from country to country but the general offenses of the Austro-Hungarian law are typical of most European countries.

2 The Circular notices issued by the Dept. of State for each of the important countries requiring military service present in brief form the scope of the obligation to military service, the punishable offenses and in a general way, the penalties involved, and the effect of the naturalization treaty, if any, between the U. S. and the country in question. Diplomatic correspondence relating to the operation of the naturalization treaties with the more important countries with which they have been concluded may be found in Moore's Dig. III, §§ 390-399.

3 With the exception of Bavaria. The treaty with Bavaria expressly provides that by renewal of native residence the individual does not recover his native citizenship. The German authorities, at least, have claimed that it subjected the person who had thus resumed his native residence for two years to the obligations of military service, although they admitted that legally he had not become repatriated in Germany. For. Rel., 1885, 393, 399, 417.