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citizens or subjects of a foreign country without imperial consent? And what is the period of minority?

"Answer. They entail all the consequences mentioned in the first reply, if they do not take the steps necessary when they attain their majority, which is fixed at 21 years of age.

"Article 221, Vol. X, first part of Civil Code:

"Article 221. The rights to fully dispose of one's property, to contract obligations are not acquired before coming of age, that is to say, before 21 years of age.

"Question. Is military service claimed if it matures while a subject is abroad and after he has sworn allegiance to another country? And what are the penalties for failure to return and perform such service? "Answer. By virtue of article 3 of the Regulation of Military Service, persons above 15 years of age can not ask supreme permission to avoid the duties incumbent upon Russian subjects before having acquitted their military obligations. Persons who have attained the age of 20 years and over, who sojourn abroad, are notified to respond to the military service. In case they fail to respond to this call, they entail the penalties indicated in the above-mentioned article 326 of the Penal Code.

“Question 5. What is the status, in the foregoing respect, of the children and further descendants born in the country to which the father may have sworn allegiance or in which he may have acquired citizenship, as herein contemplated?

“Question 6. Can any of these descendants inherit property or in any way acquire title to property in the Empire?

"Answer to questions 5 and 6. The children of a Russian subject, born in legitimate marriage, even in the case their father may have lost his civil rights, are considered as Russian subjects and have a right to hold property in the Empire, whether by succession or by any other legal means of acquisition."

The Russian legation at Washington having informed a naturalized citizen of the United States of Russian origin, who sought permission to revisit his native land, that "every one who left Russia before his enlistment in the army on his return to that country must serve his term, which is five years," the Russian Government, in response to an inquiry by the United States, stated that the five years' military serv ice was not in lieu of the penalties established by article 325 of the Penal Code for unlawful abandonment of Russian subjection. All the subjects of the Empire, without distinction of religion, are held to serve during that time under the flag."

Count Lamsdorff, Imp. ministry of for. aff., to Mr. Hitchcock, U. S. min..
Dec. 8/20, 1897, For. Rel. 1897, 438, 439.

"I have the honor to inform you that it is a punishable offense under Russian law for a Russian to become a citizen of any other country without Imperial consent, and that, consequently, this Government can not encourage American citizens whom the law might affect to expect immunity from its operations if they place themselves within its sphere,

"If, in addition, Mr. Haskell is of the Jewish faith, he would be prevented from entering Russia also by the Russian law which prohibits the Russian consular officers abroad from visaing, without authority previously obtained, the passports of Hebrews, except in the case of certain exempted classes, which are bankers and chiefs of commercial houses of known importance, and brokers, representatives, clerks and agents of said houses having papers showing authority to represent them. In these cases the consular officers are directed to notify the minister of the interior that they have visaed such passport."

Mr. Hay, Sec. of State, to Mr. Belmont, Jan. 25, 1900, 242 MS. Dom.
Let. 391.

"The Department is just in receipt of a despatch from our minister at
St. Petersburg stating that Mr. Marks Nathan, an American Hebrew,
had received permission from the minister of the interior to visit
certain places in Russia, his request for that permission having
been supported by the good offices of the United States legation."
(Mr. Adee, Second Assist. Sec. of State, to Mr. Aarons, Nov. 9, 1897,
222 MS. Dom. Let. 290.)

"Petitions for release from Russian allegiance should be addressed by the applicant directly to the minister of the interior at St. Petersburg." (Mr. Hill, Assist. Sec. of State, to Mr. Monkiewicz, March 10, 1899, 235 MS. Dom. Let. 382.)

(14) SERVIA.

§ 454.

"The information given below is believed to be correct, yet is not to be considered as official, as it relates to the laws and regulations of a foreign country.

“Ordinarily all subjects of Servia are expected to perform at least two years' military service after they attain manhood.

"If a subject of Servia emigrates before he has fulfilled his military obligations, the Servian Government does not recognize a change of nationality made without the consent of the King, and upon his return he may be subject to molestation.

"If, however, he performed his military service before emigration, his acquisition of naturalization in the United States is recognized by the Servian Government.

"There is no treaty between the United States and Servia defining the status of naturalized Americans of Servian birth returning to Servia."

Circular notice, Department of State, Washington, April 10, 1901, For.
Rel. 1901, 455.

(15) SPAIN.

$455.

"Referring to your enquiry of January last, I have now to inform you that, according to a note of the Spanish minister of state, enclosed in despatch No. 270, from Madrid, the provisions of the following decree of Nov. 17, 1852 (art. 45), still apply to the case of a Spaniard who becomes naturalized, without complying with the law of military service, and returns to Spain in the character of foreigner, viz:

"A foreigner naturalized in Spain and a Spaniard naturalized in the territory of another power without the knowledge and authority of their respective governments, shall not be exempt from the obligations belonging to their original nationality, although the Spanish subject in other respects loses the quality of Spaniard in accordance with the provisions of par. 5, art. 1 of the Constitution of the Monarchy.'"

Mr. Bayard, Sec. of State, to Mr. Blanco, Nov. 23, 1887, 166 MS. Dom.
Let. 201.

In a dispatch to Mr. Bayard, No. 241, Aug. 19, 1887, Mr. Strobel, chargé
d'affaires ad int. at Madrid, said:

"In accordance with instructions, an official statement has been requested of the minister of foreign affairs of the laws of Spain now in force affecting the status or liabilities of former subjects, once owing military service, who have been naturalized in foreign countries, should such persons visit their native country.'

"It may not be improper in the meantime to give what my own exam-
ination shows the law on the subject to be.

"Article I. of the constitution of 1876, now in force, says: The quality
of Spaniard is lost by naturalization in a foreign country . . .
"Article 14 of the conscription law of July 11, 1885, also in force, makes
the following provision: ‘Only Spaniards shall be admitted to serv-
ice in the army in any position whatever.'

"It seems, therefore, that a Spanjard naturalized in a foreign country
is not only exempt, under any circumstances, from military service
in Spain, but is actually prohibited therefrom.

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"I have assumed that the words, once owing military service' in the instructions referred to, mean simply liability' and not actually drafted.'

"In the latter case, the question of desertion or criminality under martial law might arise." (For. Rel. 1887, 998.)

As a matter of fact, Spain habitually recognized, in Cuba, the full effect
of American naturalization in the case of her native subjects who
had been admitted to citizenship in the United States.

For an exhaustive examination of the law of Spain, see Moore, Int.
Arbitrations, III. 2601-2613.

See, also, Mr. Evarts, Sec. of State, to Mr. Fairchild, min. to Spain,
No. 20, May 11, 1880, 18 MS. Inst. Spain, 471-475.

H. Doc. 551-vol 3-42

(16) SWITZERLAND.

(a) SWISS LAW OF 1876.

§ 456.

By article 6 of the Swiss Federal law of July 3, 1876, concerning the acquisition and renunciation of Swiss citizenship, a Swiss citizen may renounce his citizenship if (1) he has no domicil in Switzerland: (2) he is enjoying full civil rights under the laws of the country where he resides: (3) he has already acquired citizenship in another country, or the assurance of its being granted, for himself, his wife, and minor children, when they are domiciled or living with him.

By article 7 the declaration of renunciation must be submitted in writing, accompanied with the required statements, to the cantonal government, which will notify the proper communal authorities, in order that notice may be given to any interested parties; and a term of four weeks is allowed for the presenting of objections. If objec tions are made, the decision upon them is rendered by the Federal Tribunal according to articles 61-63 of the law of June 27, 1874, in regard to the organization of the federal judiciary.

By article 8, if the conditions prescribed in article 6 are fulfilled and no objections are presented, or if objections were made, but have been judicially overruled, then the authorities authorized for the purpose by cantonal law will pronounce the discharge from the cantonal and communal citizenship. This discharge includes the loss of Swiss citizenship, and takes effect from the date of its issue and delivery to the applicant; and it extends to the wife and minor children, when they are domiciled or living with the applicant, if no special exceptions were made with regard to them.

By article 9 provision is made for the readmission to Swiss citizenship of persons who have lost it.

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Articles 1-5 of the law relate to Swiss naturalization. Article 5 declares persons who, in addition to being Swiss citizens, are citi zens of a foreign country, are not entitled to the privileges and the protection accorded to Swiss citizens during their residence in such foreign state."

By article 10, all provisions of federal or cantonal legislation conflicting with the law of July 3, 1876, are abrogated.

Mr. Rublee, chargé d'affaires to Switzerland, to Mr. Fish, Sec. of State. Aug. 31, 1876, enclosing a copy and translation of the law in question. (For. Rel. 1876, 567.)

"I believe that the remedy for difficulties growing out of the detention in Switzerland of the property of natives of the country who have been naturalized in the United States] would be best attained were every Swiss, immediately upon his naturalization in the United States, to comply, so far as within him lies, with the provisions of the

Swiss federal law of July 3, 1876
and that in every case
where such compliance was thwarted by the action of the communal or
cantonal authorities, the legation should be instructed to intervene
diplomatically, and, failing to succeed, it should be empowered, after
reference to the Department of State, to carry the appeal to the
Tribunal Fédéral." (Mr. Fish, chargé d'affaires to Switzerland, to
Mr. Evarts, Sec. of State. Oct. 18, 1879, For. Rel. 1879, 973, 974.)

(b) DIPLOMATIC DISCUSSIONS.

§ 457.

"Your dispatch No. 218, of the 18th ultimo, has been received. It relates to the detention by the Swiss local authorities of property in Switzerland claimed by natives of that country naturalized in the United States. The reasons assigned for that detention are believed to be so insufficient practically, morally, and legally that it is hoped the Federal Government of that country will lose no time in applying its authority or influence towards redressing the grievance.

"It is noticed with regret that the Swiss local authorities, at least, are disposed to maintain the doctrine of perpetual allegiance by denying the right of a native of that country to become naturalized elsewhere without their consent.

"This pretension has always been regarded here as extravagant, and as such has been resisted, so that several of the most important European countries with monarchial governments, which were most strenuous in supporting it, have receded from their claims, and have concluded naturalization treaties with the United States. Switzerland as yet has no such treaty, but the convention of 1850 between the United States and that country contains stipulations which seem applicable to the present case and adequate for disposing of it contrary to the views held in that quarter.

"It appears from your dispatch that one of the claims of the communal authorities is that they can recognize no native of Switzerland as a citizen of the United States who shall not have obtained their consent to his naturalization. This pretension is in direct conflict with the fourth article of the treaty, which says that in order to establish their character as citizens of the United States of America, persons belonging to that country shall be bearers of passports certifying their nationality. If, therefore, the nationality of any Swiss naturalized here, who may visit his native country with such passport, shall there be questioned, that act must be looked upon as a flagrant violation of the treaty, which could not be acquiesced in.

"Again, the fifth article stipulates in substance that the heirs of a Swiss decedent, being citizens of the United States, whether native. or naturalized, shall inherit and dispose of the property of such decedent at their pleasure,

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