Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1904-03-04
The Case Of Mrs. Maybrick.

II has been assumed that Mrs. Flor
ence Maybrlck. who has long been con
hned In an English prison under con
viction OF the murder OF her husband
will return 10 this country. the home OF
her nativity. upon her formal release
which will occur In June Of this year
Various reports have been circulated
that she had already been released from
Aylesworth prison and was now in re
tirement awaiting the time when sh,
would formally he declared free through
the intervention of royal clemency. The
question now arises rs 10 her right Il
enter the United States under the terms
OF our immigration laws. immigration
COMMISSIONER Williams Of New York
has been interviewed On the subject
and says:
SO far a. I am able to learn. Mrs May.
brick II she came to this country. would
be classed under the head of undesirable
Immigrants and II she came in by the
port of New York II would be my duty &c
deport her. The law says that any alien
VINO mas committed 1tlOIN ana beeD
convicted thereof is undesira BILE and must
be deported The question will then hinge
on whether or not Mrs. Maybrck is an
alien, ! understand that she was born In
this country. OF American parents. She
married an Englishman, and | believe
that by doing so she surrendered her right
to American citizenship. However. ! am
not going TO say what We will do IL she
comes because she NAV not land here at
ka.. L., II. l. 1, A, -.
respected, and cannot predict what will
happen II she comes.
Thus Mrs. Maybrick's case may pre-.
sent new phase of Importance after
having hovered for years on the verge
Of becoming subject OF interna tional
exchanges. 1t Is by no means certain
that she Is an alien under the terms OF
our immigration laws. ON this point
the fullest possible light Is thrown by
the latest authoritative work on citl
Zenship, that OF Frederick Van Dyne.
ment, recently published. Mr.. Van
Dyne says that there Is no statutory
declaration to the effect that an Amer
lean woman becomes an alien by mar
rlaee to foreigner, although the con
verse has been expressly established
He cites all the available minor court
decisions and rulings Of commissions
and instructions Of the state depart
ment officials, however, and thus con
cludes:
These authorities are not entirely uni
form, but the decided weight of author
ity is to the effect that the marriage Of
an American woman to an alien confers
upon her the nationality of her husband.
80 The tendency of opinion seems to be
In favor OF allowing the woman. upon
the death OF her husband, to resume her
American citizenship. il she desires, on
condition that she return to the United
States il residing abroad.
Mrs. Maybrick was accused very
shortly after her husbands death, prac
tically at once, and thus she had little
or no opportunity to proceed to avail
herself Of the right TO resume her Amer
lean citizenship. Her forcible deten-
tion may be cited by her In argument
in case she returns and Is denied ad
mission. The extent of the application
to her case Of the Immigration law may
turn upon the question of whether or
not she was an alien at the moment OF
her conviction and whether that alien
ship, whatever her subsequent rights
may have been. forever barred her
from access to her native shores. 1t is
evident that the case offers opp0rtun-
ties for an interesting discussion.