The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-07-22

ONlnsll she mas Claimed nSr AMERICAN
| citizenship and cried aloud 70 her coun-
| try to protect her. Lord Russell. OF Kill
lowen, has in the pas. year written to
her a. her prison, over his own signature
saying her conviction was unjust and
she ought rot be where she is, and the
letter was sent to Secretary Oiney. Lord
Russell also wrote the Home Secretary
tha: her conviction was Illegal aEi she
ought to be released and has publicly
expressed his belief in her innocence.
The fourteenth amendment 10 the
United States constitution provides: "AIl
persons born or naturaIized in the Unit
ed States . 4" are citizens Of the
United States. ""ss -" Article 1,
section 8, paragraph 4. gives congress
power "to establish uniform rule OF
| naturalization And. while congress
has passed several acts TO carry into
a single act or line OF an &C, permitting
or providing for Standardization.
While the constitution is silent on the
subject OF expatriation. the Supreme
| Court OF the United States has settled
the question. Since the decision OF
Chirac VS.. Chirac's Lessees g Wheaton,
260). il has been the settled law OF this
country that the department which can
nationalize must be held 20 have the
power 20 denationalize, and that depart
ment is congress alone. Down TO the
act OF July %. 1868. the question OF the
right OF expatriation has been consider
ed by the United States SupremeCourt
n The Santissma Trinidad G. Wheaton,
2S3). The Charming Betsy e Crauch).
and other cases. and the law established
by these cases is best summed up by
Chancellor Kent e Com, marg., page
S9). as follows:
1.-The better opinion would seem TO be
that a citizen cannot renounce his allie
glance TO the United States without the
permission of government. TO be Geclar-
ed by law, and. as there is no existing
legislative regulation on the case. the
rule OF the English common law (per-
petual ailesiance) remains unaltered.
Congress had not enacted any Law
authorizing eXpatria ton OF any person
born citizen of this country up 10 the
passage OF the British naturalization act
OF May u, 1870
The common law rule Of perpetual
allegiance" Is the law OF England, and
in Parliament Papers. 1S9. il was held
That british born widows of American
or foreign husbands, IL, after the dis
solution of their coverture. they should
elect 10 claim the benefit OF their Brit
ish character, they would be az liberty
20 do so, and must be treated and pro-
tected as British subject" BY the
naturalization act OF May u. 1870. Great
Britain for the first time recognized ex-
patr! alton by marriage a woman. Sec
ton 10.part |. provides "A married wom-
an shall be deemed to be a subject OF the
state of which her husband is for the
time being subject" and part pro-
vides that a British born woman may
a any time after her widowhood regain
her lost citizenship; and al, OF the CONT
mental codes Of Europe have similar pro-
visions recognizing thedenationalizai ton
of a woman by foreign marriage. and.
having such provision, it has become en-
grated on their International law But
the principle has never been recognized
by our courts. On the contrary, an I'M
broken line Of decisions holds that
woman cannot lose her citizenship by /
foreign marriage. In New York case /
W. 10 w tlQ. .olD-b-D I
Judge Nelson tafterward Mr. Justice |
Nelson of the United States Supreme /
CourO, being the organ of the court. \
held that in the act of congress known I
aS che Naturalization act the words /
ANY alien beng a free white person" /
included an alien married woman. and /
that an alien wife might be natUral,zed |
without consent Of her husband. Thus |
il is settled law in this country that a /
woman does not change her nationality /
by marrying an alien, and that any alien
woman may become an American citi-
zen by naturalization, and her husband 4
remain foreigner and II cannot be
altered by executive orders or by treat
les. Congress alone can change IL. Con-
sequen:ly. without reference 70 Mrs
Maybrick's declarations OF her desire 10
return to America and resume her citi-
Zenship. and the error which the Hsr-
rison and Cleveland governments fell
INTO by quasi admitting she had lost her
citizenship by her foreign marriage. she
has always. under our constitution and
laws, remained an American citizen. ami
has not and could not lose IL, and by
act Of congress approved July o. 1865
section 3, viz: And be IL further en-
acted, that whenever IL shall be made
known to the President that any cit
zen OF the United States has been IN
justly deprived OF his liberty by or under
the authority of a foreign government,
it hall be the duty OF the President forth
with TO demand OF that government the /
reasons for such Imprisonment, and i,
Ia ~r,ff in
ton OF the rights OF American citizen
snip. the President shall forthwith de-
nand the release Of SUCH citizen. and IL
the release SO demanded is unreas0nsbly
delayed or refused, il shall be the duty
0: The President 70 use such means. not
amounting 70 acts OF war. as ne may
think necessary 10 obtain or effect such
release"
Can any one claim that Mrs. Naybrick
i no; 'unjustly deprived of her liberty
when the Lord chef Justice % England Z
SAYS 50 in almost the very language q I
Ire act above quoted7 L i no. sll-pr-s-
1g hat our STATE Department has 50
p -sistently fallen into the error q ho,d-
ny mat the codes os Continental Eu-
rope and TIE statutes of England gov
,-1ei the statutes = our women citizens ,
sni not our own constitution and an IA .
broken Line OF decisions - Cur Supreme
-ourc? 7; X i1cornpr ehensi5Ie bat ,
true. and challenge any
awye- n the world 20 prove TIE con
.Ta-y.
Ard n1x hat Ambassa dor Hay hiss
sled tor M-s. May5ricks release. Ism
,erely hope II viii Dc granted. and = not Z
have 10 doubt me Presi5en; vii Lave
70 stone un.urzed % preiec. hsr a. "a