(a), those which practically prohibit absolutely the expatriation of their subjects and consequently decline to recognize foreign naturalization; (b), those which, while admitting the right of voluntary expatriation, subject it to various restrictions and conditions and recognize a change of allegiance only upon a satisfactory compliance with formalities or obligations imposed by the native state usually obtaining preliminary authorization or the performance of military service; and (c), those which by treaty with the United States have recognized the validity of American naturalization and define the status of a naturalized citizen upon return to his native country.1

§ 237. (A) Countries Which Deny the Right of Voluntary Expatriation. Within the first class of countries, those which prohibit the expatriation of their subjects without imperial consent-which, however, is practically never granted-are Russia and Turkey, and on occasion Greece.

Subjects of these countries when naturalized in the United States may be regarded as endowed with dual nationality, the countries of nativity and of naturalization each claiming the person's allegiance, but each incapable of enforcing its own law of citizenship within the jurisdiction of the other. Technically speaking, the United States denies the dual nationality of such persons, for the doctrine of voluntary expatriation is inconsistent with the continuation of the original nationality of the naturalized person. Under Russian law, a Russian subject who becomes naturalized abroad without imperial consent, is deemed to have committed an offense for which he is liable to arrest and punishment if he returns without previously obtaining the permission of the Russian government. The visé of the Russian consul

1 The attitudes of foreign governments with regard to the nature and duration of the relationship between a citizen and his government may be grouped under six types, as set forth in H. Doc. 326, 59th Cong., 2d sess., 12.

2 Dept. of State circular notice Jan. 9, 1914. Notice to American citizens formerly subjects of Russia who contemplate returning to that country. Similar circulars for other countries will be cited hereafter under their date and the name of the country. In the volume of Foreign Relations for 1901, the Department of State published a series of circular notices giving a summary account of the liability, in each important country of Europe, of naturalized citizens of the United States under military and expatriation laws of their native country. In most instances, these circulars

upon the passport of a returning naturalized American citizen does not appear to constitute permission to enter Russia as an American citizen.1

Under a Turkish law of January 19, 1869 (6 Cheval, 1285), foreign naturalization without governmental consent, is prohibited, and the Ottoman subject naturalized abroad is forbidden to return to Turkish territory under penalty of arrest and imprisonment or expulsion.2 In practice, the arrest or detention is confined to such as may be necessary to accomplish the deportation of the individual, and the punitive feature is not enforced. As the expulsion is based upon the ground. that the presence of such an individual is deemed prejudicial to the public interest, the United States has not opposed its enforcement.

Both in the case of Russia and Turkey, the United States has remonstrated vigorously against the arrest of or criminal proceedings against former subjects of these countries on the ground of their having become citizens of the United States without imperial permission.3 In Russia, the American protests have met with little success, although in several cases, the good offices of the American Ambassador have been successful in obtaining a release from imprisonment. An Amer

have been superseded by later notices, as cited below. The penalty in Russia for such foreign naturalization is loss of civil rights and perpetual banishment, or exile to Siberia. Section 325 of the Penal Code, For. Rel., 1895, II, 1105, 1113. See also Moore's Dig. III, § 453.

1 Case of Anton Yablkowski. Mr. Peirce, chargé, to Mr. Olney, October 16, 1895, For. Rel., 1895, II, 1103.

2 Dept. of State circular, Feb. 29, 1912, Turkey. Mr. Uhl to Mavroyeni Bey, Nov. 28, 1893, For. Rel., 1893, 715. On return of a naturalized citizen, formerly a Turkish subject, to Turkey, his American citizenship is ignored, and should he seek to cure the matter by asking permission to be naturalized abroad, consent is coupled with the condition of non-return to Turkey. Mr. Hay, Sec'y of State, to Mr. Wilson, July 17, 1902, For. Rel., 1902, 910. See also Moore's Dig. III, §§ 459– 463.

Russia, Mr. Olney to Mr. Peirce, Nov. 4, 1895, For. Rel., 1895, II, 1107-1108; The American passport, 144; Ginzberg's case, For. Rel., 1895, II, 1081–1096; Lipszyc's case, For. Rel., 1887, 943–965; ibid. 1888, 1399; Müller's case, For. Rel., 1885, 658-672.

Turkey, Report of Sec'y of State Olney, Sen. Doc. 83, 54th Cong., 1st sess., 3 p.; For. Rel., 1895, II, 1471-1473; Mr. Hay, Sec'y of State to Mr. Garabedyan, Feb. 19, 1900, For. Rel., 1900, 938-940. See also For. Rel., 1893, 1894 and 1896, under Turkey.

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. 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

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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.

* 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.

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

1 Infra, p. 581.

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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.

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