The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-07-10
AMERICAN CITIZENSHIP.

What Is the status of one who was born
the United States, his parents being, at q
time Of his birth, citizens of the Unite
States, but who, pending his minority,
taken by his parents to foreign country, an
there resides for number Of years, but b
not yet reached his majority? .
The Statutes Of the United States declal
that:
"All persons born in the United States an
not subject to any foreign power, excludin
Indians not taxed, are declared to be citizen
Of the United States.
sAll children heretofore born or hereafte
born out of the limits and Jurisdiction of th
United States, whose fathers were or may b
at the time of their birth citizens thereo.
are declared to be citizens of the Unite
States. Rev. Stat. U. S.. secs. 1892, 1893"
Thus it is clear that the status of citizen
ship attaches to the native born America
child from the hour of his birth, and that O
this status neither the act of his parents, no
the act of his guardian or tutor, nor his lon,
continued residence in foreign country. no
the act of foreign government. can depriv'
him until he becomes of age according to tn,
laws of his country, and then only by his owl
consent expressed or implied The American
born child-citizen sent to German school o.
university by authority of his father can mo-
by his own wish, while minor, cease to be
an American citizen, or become the citizen Of
foreign State. He can be Invested of his
American citizenship only by his own act Of
tanned majority.
The case is not in the least altered if he re.
sides in foreign country with his native-born
American father, even if his father renounces
his American allegiance and citizenship, ex-
patriates himself and becomes willing SUBJ
ject of foreign sovereign. He may change
his own status, but he can not change the
status of his minor American-born child. The
latter, when twenty-one years old, may ex-
patriate himself by declaration, or action
equivalent thereto. but until that time he ia
an American citizen in spite of any authority,
parental OF magisterial, and in spite of any
WAcA Va aOt Va LILO OWu w ull0 b mlQOI. ne
cannot divest himself of property inherit
ance: for reasons of immeasurably greater
weight he cannot renounce the incom parably
more valuable birth-right of American citizen
ship.
If his parents at the time of his birth in
America we're naturalized citizens, the case
is not altered in the slightest particular. He
is an American citizen by birth, and his citi-
zenship can not be taken from him, except
by his own will and consent, after he attains
his majority. Whether he is carried abroad
by his father in the twentieth day OF the
twentieth year of his age, is wholly imma-
terial. His father may renounce the al
egiance which he solemnly swore to bear to
The United States and strive to poison the
mind Of his minor son against the country
ind its constitution, but that son can not
,ease to be an American citizen otherwise
han by his own act after his majority. The
ather may carry his American-born son to
Jonstantinople and there become Mussulman
md o sworn subject Of the Sultan, but he
IAN not take from his boy the boon and birth
light of American citizenship.
father born in America, or one natura-
ICED IN America, may expatriate himself
Without let or hindrance from our govern
nent, but he cannot expatriate his American
orn child. The right of expatriation is one
pom which this government has at all times
trenuously insisted, declaring (R. s., sec.
999), after solemn preamble, that "Any
eclaration, instruction, opinion, order or de-
sion of any officer of the United States
hich denies, restricts, impairs or questions
le right Of expatriation is declared incon-
stent with the fundamental principles of the
epublic.
Since, then, the child born in this Republic,
is parents at the time of his birth being
merican citizens, native or naturalized, is
lmself citizen, and must so remain until
is majority, can he not at any time pending
s minority while residing abroad invoke
rough his father, guardian, tutor, or next
lend, the protection of his government
IN he be dragged from his school and be
reed into the standing army of foreign {
untry? {
Such we understand to be the case of the I
nth Steinkauler. He was born in st. Louis I
about 1866, his father, native of Prussia, t
ing naturalized citizen of the United
ates at the time of the childs birth. The c
y was citizen of the United States from .
Q hour of his birth.
We hold that there is no means by which t
can be Invested of his American citizen. i
lip until he is old enough to renounce it.
was taken to Prussia by his father when '
ur years old, being in his custody and SUBJ a
1t to his parental control. His father re-
unced his own American citizenship, and p
3 son was claimed as conscript under the fl
litary laws of Prussia. Q
We hold that young Steinkauler, being an b
nerican citizen, owes no military service to a
ussia, and that his case is in no respect o
ferent from that of hundreds of native y
nerican boys now in the various schools 8
d universities of Prussia.
Il.