The new North-west., 1885-06-05
AMERICAN CITIZENSHIP /.

So large proportion Of our population 10
foreign-born, and the fresh recruits pour In
50 numerously from all parts Of Europe, that
international questions involving rights Of
citizenship and naturalization affect us mere
importantly than any other nation. Our
foreign-born citizens will therefore be inter-
ested In q new doctrine which Secretary
Bayard and the State Department have just
adopted. ALI editions of the United States
Consular regulations issued In recent years
have contained the following clause: "A
declaration Of an Intention TO become citi-
sen of the United States does not constitute
person citizen within the meaning Of the
law" This principle was sustained by Sec
retary Frelinghuysen and his predecessors In
specific cases when individuals In foreign
countries laid claim to the interference Of
the United States In their behalf, on the
ground that they had resided In the United
States and had made the sworn declaration
prescribed by law Of their intention to re-
nounce their foreign nationality and to be-
come citizens of the United States on the full
filiment OF five years term of residence.
But the Department Of State has been ruling
adversely on such claims and has held that
foreign-born persons are not entitled to the
care and protection Of this country when out
side of Its territory until they have compile
ted their probationary residence and have
taken out their naturalization papers.
The Department has now ruled differently
In specific case, and has declared Its aban-
dsnment Of the general rule. The clause
quoted above Is ordered stricken from the
Consular regulations. The case before the
Department was that Of one Walsh. BE
had resided in Texas and had declared his
intention TO become . citizen. Maintaining
his legal residence In Texas, he took up a
temporary commercial domicils In Mexico.
He was impressed Into the Mexican army,
and his property was coniscated. He brought
q claim against the Mexican government for
900. The case had once been decided
adversely by our State Department, but was
re opened, on agreement, In order that the
principle involved might have new discus
sion. The result was reversal of the for
mer decision as to this case and all cases in
volving the same points.
The new decision restores the doctrine
maintained by Mr.. Marcy In 1854 In the c)n-
troversy with Austria over the famous Martin
Koszta. Koszta was . political exile who
had taken part In the Hungarian rebellion Of
1S49 against Austria. He had fed with
other Hungarians to Turkey after the failure
Of the revolt. Turkey refused to deliver
the refugees TO Austria, but agreed to expel
them from her territory. Koszta came to
the United States, and in 1852 made the
usual declaration preparatory to naturaliza-
tion. In 1854 he went to Turkey on private
business. At Smyrna he was seized at the
instigation of the Austrian Consul, thrown
into the water, and taken on board an Aus
trian frigate. This was done In spite Of the
fact that the Turkish authorities had refused
to permit his arrest, and the further fact that
be carried papers signed by the American
charge. .de.q affairs at Constantinople and our
Consul at Smyrna. The captain Of an
American war vessel In port at Smyrna pre-.
pared to use force In his behalf, and the mat
ter was compromised by placing him in the
custody Of the French Consul General until
the Austrian and American governments
could decide the points at issue. Koszta
was Afterwards permitted to return to the
United States.
III Austria had seized him on her own ter
ritory the case would have been altered, and
1t Is not probable that he would ever have
returned to the United States. And In the
case just decided ct Washington, If Walsh
had been . Mexican by birth and by resi-
dence prior TO bis removal to Texas, the case
would have been more complicated. The
national status Of an emigrant who travels
abroad during the incipient period Of natu-
ralization Is . subject which Is yet to be
definitely settled. How far Is II the duty of
bis new government TO protect him? HeH
far has bis old government the right to COM
mand him II 1t find him sojournipg in Its
territory? The new doctrine that an inten-
ded citizen is entitled to the same protection
rs an actual citizen, must be subject to many
exceptions and limitations. II fits the Walsh
case very we'll; but 1t would not fit Fenian
cases. Furthermore, its operation is greatly
restricted by our existing naturalization
treaties with European powsrs.-Minnedpo
us Tribune.