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be acquired, and subsequently lost, the domicile of origin is said to revert.'

(2.) Domicile of Choice. This is the civil status that is acquired by an individual as a consequence of residence in a place, other than that of his birth, with the intention of remaining.'

(3.) Domicile by Operation of Law. This status results when a dependent person passes under the control of a legal superior. Such is the case with the domicile of a woman at marriage, or of a child at adoption, or when an illegitimate child is legitimated in accordance with the law of the place where such legitimation occurs. The domicile of dependent persons, thus created by operation of law, may change when the condition of dependency is terminated; the domicile of the wife, for example, may be changed after the death of her husband; as may that of an infant upon attaining his majority; or that of a person under constraint, when the legal constraint is removed, as when a person in the military or naval service is discharged and thereby resumes his freedom of choice in respect to movement, residence, and occupation.

Passports. It has been seen that the citizenship of an individual, when drawn in question in a foreign country, is proved by documentary evidence of allegiance. This evidence is contained in passports, and a passport or certificate of origin may be defined as a written instrument, issued by the authority of the state for the identification and protection of its citizens when travelling abroad, and containing: first, a certifi

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cate of the citizenship of the bearer or holder; and, second, formal permission for such citizen to leave the state of his allegiance. They are issued under such regulations and restrictions as the state may see fit to impose, and bear, as a rule, the seal of the state under whose authority they have been issued. When lawfully issued they constitute evidence of identity and nationality when a question of citizenship arises in a country other than that of the individual who produces them. They are obtained upon application duly made in behalf of the individual desiring them, such application being supported by evidence of the birth or naturalization of the applicant.1

Issue of Passports in the United States. In the United States passports are issued by the State Department, or by such diplomatic and consular officers as the President may designate, and under such rules as he may prescribe. The officers who are entitled, by law, to issue them are vested with discretion in the matter, and may decline to furnish 1 The law and practice of the United States touching issuance of passports is comprehensively treated in the official publication entitled "Compilation of Certain Departmental Circulars Relating to Citizenship, Registration of American Citizens, Issuance of Passports, etc." (Washington, 1915). The special topic of Protection of Native Americans Residing Abroad is covered in an instruction to diplomatic and consular officers issued July 26, 1910. Citizenship and Naturalization are subjects of peculiar interest in the United States owing to the varied aspects of our population: aliens, Indians emerging from tribal status, aliens of the classes excluded from becoming citizens, aliens who have declared their intention to become citizens and who may, therefore, vote in some states. The steps in attaining citizenship under Act

of Congress of June 29, 1906, are the following: an applicant, if over eighteen years of age, may execute a declaration of intention (First Paper) on arrival; two years must elapse after execution of the declaration, and the applicant must have been five years in the United States before executing a Petition for Naturalization (Second Paper), a necessary preliminary to this being the Certificate of Arrival obtained by the Clerk of the Court where naturalization is applied for, and which is issued by the Bureau of Naturalization; the applicant must now be twenty-one years of age and must pass an examination in the Court where he applies for his final Certificate of Citizenship. Prior service in the United States Army, Navy, Marine Corps, or Merchant Marine shortens the foregoing periods.

them to persons as to whose right to them there is any doubt.

The term passport, or sea-letter, is also applied to a similar instrument issued in behalf of the owner of a vessel and certifying to his nationality as well as to the registry of the ship. The term "sea-letter" relates rather to the cargo; the term "passport," when used in this connection, having to do with the nationality of the vessel and the citizenship of its owner.

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CHAPTER V

EXTRADITION

The Right of Criminal Jurisdiction. The right of a state to try and punish offenders for crimes committed within its territorial limits is indisputable, being an essential incident of its sovereignty. It matters not by whom such offences have been committed, for all persons, whether citizens or aliens, are, in this regard, subject to the law of the state in which they may be at any time; the presumption being that, by entering the territory of a state, they voluntarily submit themselves to the operation of its laws. They are also presumed to know those laws, and a plea of ignorance as to their requirements will not shield them from the consequences of disobedience. Nor can an individual claim the protection of his own government in any course of action which is opposed to the law of the state in which he is sojourning. He can demand such protection, as of right, only when his behavior has been correct, and his conduct in all respects lawful.

Duty of a State as to Crimes Committed Abroad. The duty of a state to assist other states in the execution of their criminal laws is less generally conceded. Some writers have maintained that it is incumbent upon every state to refuse asylum to, and upon proper application to deliver up, all persons charged with crimes of excessive atrocity, or which affect the peace and security of society.

1 Chancellor Kent advocates this view and, after citing authorities in its support, gives it as his opinion that it is based upon the plain

The contrary view, that

est principles of justice.-I Kent, Holmes ed. p. 37. The contrary view, however, that extradition can only be had in pursuance of treaty

extradition is a matter of comity, or treaty stipulation, has been as ably maintained, and is now more generally accepted by text writers of authority,' and sanctioned by the usage of nations.

Surrender by Comity and Treaty. The practice of refusing asylum to foreign criminals, and of surrendering them through comity, prevails to a considerable extent on the continent of Europe. In England and the United States the almost invariable practice has been to surrender criminals only in accordance with treaty stipulations. While no positive rule

stipulations is the one now generally accepted.-I Halleck, chap. vii. § 28; I Twiss, § 237. There is nothing in the law of nations, as explained by the usage and practice of the most respectable among them, which imposes on us any obligation to deliver up fugitives from foreign justice.-I Opinions of Attorney-General, p. 521. The international extradition of fugitives from justice is a duty of comity, not of strict right.-Wing's case, VI Opinions of Attorney-General, p. 85, Cushing (1853). It is the settled policy of the United States not to make such extradition, except in virtue of express stipulations to that effect. Hence the United States ought not to ask for extradition in any cases as an act of mere comity. Ibid. According to the practice of the Executive Departments, the President is not deemed to be authorized to order the delivery of fugitives from justice in the absence of any express provision by treaty.-III Opinions of Attorney-General, p. 661. A foreign government has no right, by the law of nations, to demand of the Government of the United States a surrender of a citizen or subject of such foreign country who has committed a crime in his own country, and is afterwards found within the limits of the United

States. It is a right which has no existence without, and can only be secured by, a treaty stipulation.— Case of José Ferreira dos Santos, II Brockenbrough, 493.

1 Hall, pp. 59, 60; Bar, p. 17, and pp. 623-625, 685-686, 702-737. Case of Carl Vogt.-The extradition of Carl Vogt, who was charged with burglary, robbery, and murder, committed in Belgium, was asked of the United States by the Belgian Government in 1873; there being no extradition treaty with that power, his surrender was requested on the ground of comity. After prolonged consideration of the request the Belgian minister was advised that Vogt's surrender, as an act of comity, was impossible on the ground that "the authority of the Executive to abridge personal liberty within the jurisdiction of the United States, and to surrender a fugitive from justice in order that he may be taken away from their jurisdiction, is derived from statutes of Congress, which confer that power only in cases where the United States are bound by treaty to surrender such fugitives, and have a reciprocal right to claim similar surrender from another power."-United States Foreign Relations, 1873, part i. p. 81; see also XIV Opinions of AttorneyGeneral, p. 281.

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