New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-07-11

| laws ol klnSuOmS or States. Nationality
by birth in some countries depends upos
the place Of birth; in others upon Tho
nationality Of the parents. There is nc
uniform rule Of international law upon the
| SUBJECT, nor Is there any treaty between
the United States and North Germany, o.
| any statute or rule OF common law, either
in North Germany or the United States 80
| far as l can fnd). which solves the question
| submitted. In North Germany, a. in .ho
! United States, the minority of child con
tinues until the age o: twenty-one years.
! and minor children of naturalized parents.
! domiciled and living with such parents in
! North Germany, though such minor ci:l.
dren were born in the United States. are
! made German subjects with :he rights
OF German citizens. much the same AZ
minor children OF naturalZed parents
Though the children are foreign born, are
| rendered citizen. of the United State. by
! the naturalization of the parents OF succ
minors. In 1868 the naturalization treaty.
between North Germany and the United
States was concluded. Article lou. reads
as follows: IF a German natura!lzed i'm
America renews his residence in North Ger.
many, without the intent to retur.. 20 Amer.
lea. he shall be held to have renowned hi.
naturalization in the United States
The intent not to return may ue held 10
exist when the person naturaliZei in tie
one country resides more than tyo wears in
the other country Section LEO Of the
Revised Statutes of the United States reads
as follows: Whereas the RICH. OF ex,,.-
tria'ion is a natural and inherea: riglt of
all people. indispensable TO the eojoymen,
of tha rights of life and liberty. and the
pursuit of happiness and whereas. IL the
recognition OF this principle this govern.
ment has fairly received emigyan.s IRON all
nations, and invested them witt, tho
rights Of = citizenship; and whereas,
it is claimed that such american
citizens, with their descendants. aye sub.
lects Of foreign States, owing allegiance to
the government thereof; and whereas il Is
necessary to the maintenance ri public
peace that this claim of foreign allegiance
should be promptly and finally di:avoweG:
therefore. any declaration, instruction.
opinion, order or decision of any officer of
the United States. which den!e. restricts.
lmpairs or questions the right OF cxpatris.
ton, is declared inconsistent wish Tie fuus
damental principles Of the republic"
Under the treaty. and in harmony with
tae American doctrine. it is clear that
Steinka 1ler, the father. abandoned his nat
uralizatiOn III America, and became q Ger.
man subject This son being ye: :. minorl.
and that by virtue of German laws the son
acquired German nationality. !. IS equally
clear that the son. by birth, has american
and hence, two na,!ousli,ies.
one natural, the other acquired.
Difficulties like the one We are row coz.
sitering and which arise from doubt o. ma
have recently been disposed; of in
Ireland by statute BIB Victoria, \. u. 1870.
chap. IL. sec. 10, sub. ): ''Where tie father
being British subject or the mother being
a British subject and a widow becomes an
alien in pursuance Of this act, every child CT
such father or mother who, du:iDg infancy
has become resident in the country where
the father or mother who is natUr.1lzeu and
has. according to the laws OF such country.
become naturalized therein. shall be deemed
to be a subject of the State " .hich the
father or mother has become a snhjec. and
not British subject" We have no such
statute. and must. therefore, seek some
other mode of solving this somewha: diff.
cult question. Young Steinkaule: is q ma
tive born American citizen. There is no
Jaw of the United States under which his
father or any other person can deprive hin
If his birthright. He can return 70 .merica
1t the age OF twenty one. and in Que time.
f the people elect, he can become pces:-
lent of the United States; bu. the father.
n accordance with the treaty and the
avs. has renowned his American citizen.
hip and his American allegiance.
md has acquired for himself and his 4
on German citizenship am! the rights
which it carries. and he must take The buzz
lens as well as the advantages. The soa
,elng doiniciied with the father and sub.
ect to him under the law DARN. his no..
ority. and receiving the German rco.ec-
ION where he has an acquired nationality.
nd declining to give any assurance OF his
Intention Of ever returning to TIE United
'tates and claiming his American nation.
lily by residence here. l am of opinion
hat he can not rightfully invoke the aid Of
be government OF the United States 20 re.
eye him from military duty 10 Germany
uring his minority: but ara CT Opinioa
hat when be reaches the age OF tweu:y-one
alp ~ Satf III.
nd take the nationality Of his birth. vita
Is duties and privileges. or retain the Ma.
onality acquired by the act .! bis father.
his seems to me- to be ''righ. ,sa.cn.' and
think ii is law.
Since reaching the abave conclusion ara
ratified to find measure nt supper: in
ne great authority of the presen, Lord
hief Justice of England, in b. work on
lie says, at psge ~: LAS re-
ards the children. th0se born after the
naturalization should of ceurs. follow the
ationa!ity of the father; o.: those born
etore distinction shoud he made be.
Teen those who accompany the father toa
ew country and those who ID not. The
.tter should retain their nationality Of
rigin. As regards the former :. .iistinc.
on IL again TO be made between those
no have attained their majority and those
no have not. Those who are. still minors.
nd who, as such, are still suh;ec: 70 the
VA Ahc IdtltE anu yCT t.GGs OK
is family. must DC taken, a. al. eyenta
n the time. to follow his nationality.
ad, as 1t may :airly be presumed that they
Ill IN the future remain in the new eeua.
y. and desire to- become its citizens, .hev
lou!d be deemed to be such il the absence
any declarations to the contrary. But,
asmuch as by their birth they have &C.
Tired right to the nationality -: the
untry OF birth, it ought no. :" be III the
'wer Of the parent to deprive them Of il,
ON arriving at full age. they desire to re.
in 1t. and reasonable time .Lon!i bs
lowed them to reject the nationality &C.
llred by the father and to claim Il 1t os
Q former country, without beiI:. subject
to the necessity OF becomin: national.
ID in it,
While tho government 9: .he ;'nited
ates with Jealous care will ..c,ec. its
mDless citizen. wherever found. ye: n
g opinion OF the Attorney C.ne:.: i: is
our duty to aid young MAJ. .: twenty
ars 10 escape from military ."E..oc N q
vernmen! whose protection he .Ias eE.
1ed since he wa. four year. cd. an!
lere he has an acquired nationality
lich he does no: propose ~ .i.e ~. and
len 1nter!Ogated by tn: ENJOY .: the
nellcan government even suggests that
never intended to return 70 tie United
ates and reclaim the nationality and as
mo the duties of an American citizen.
election from a governmer. involves
. reciprocal duty of allegiance and serv.
from the citizen when needed. IN the
70 presented see no occasion for .nte!-
ence on the part of the American gov.
!ment. Which is respectfully submitted
EDWARDS PIERREPOEV.
Attorney General.