New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-11


operative Publishing Company.
The law Of FEDERAL citizenship is simple in its
broad principles. but often difficult Of applica-
fion IN detail There are stin many unsettled
questions 20 trouble diplomats and courts In de-
ternining the status Of individuals. aud hitherto
they have had 10 search for their law and prece-
Gents in scattered volumes OF acts OF Congress-
court decisions and not readily accessible state
papers ar Van Dyne has now prepared IN
convenient form a careful digest o. the law as Il
relates 10 the great variety ~ questions concern
ing citizenship. His volume viii prove useful
not only 10 the officers OF the government who
are called upon TO decide claims 10 protection
and passports but also 20 lawyers having 70
deal with properly rights as affected by citizen
ship
Citizenship OF the United States is distinct
from citizenship OF State. Several States con-
Ter citizenship on aliens. and. curioUsly enough.
some Territories have given the franchise to
aliens who Il is held. on the admission OF the
Territories as States become by that fact citi-
gems OF the United States without being other
wise naturalized. Yet the conferring Of the
sane privilege by State does not carry with Il
citizenship IN the United States any right
70 the protection OF cur government abroad On
the other hand, q citizen Of the United States is
not necessarily n citizen OF q state. Even IN
State where this federal citizen resides an allen
may vote for members OF Congress and Presi-
Dental Electors. while ne himself is excluded
from The ballot box by State laws.
Federal citizens consist OF two classes-the
natural horn and the naturalized. II might he
thought that the determination OF the first class
would be perfectly easy. yet that is a subject
which has been involved In much doubt ana con-
FUSED by conflicting court decisions: only grad
usliy has a settled. and even then not entirely
consistent. policy been adopted by the govern
rlent. This results largely from the existence
among civilized nations OF two doctrines OF ma
fionality. The Jus soil or common law doc
krfne, makes nationality depend entirely upon
the place OF birth. The 5us sanguinis makes it
depend upon the nationality OF the parents. The
United States has generally inclined to the COM
mon law doctrine IN dealing with persons within
its jurisdiction. and now under the Fourteenth
Amendment holds that all persons even Chinese.
born IN the United States are citizens. not in
ciudlng. Of course. the children OF foreign min
irters Yet even since the adoption OF that
amendment the courts have had alterations. and
Tustloe Miller, IN the Slaughterhouse cases. re-
Enarked-perhsps carelessiy. for Il was a mere
cictum-that not only the children OF ministers
but else the citizens or subjects OF foreign
Etstes born in the United States were excluded
THAT. however is not true and children born
here 90 unnaturalized immigrants are unoues-
tionsbly natural born citizens under law.
on the other hand. We DO not recognize the sway
Of the common law doctrine with reference 20
the foreign born children Of our own citizens.
child born IN Europe TO American citizens is an
American citizen. He may live abroad up 10
his majority. claim his privilege and
turn to exercise It. But II he does not then
claim Il, he is held 70 have exercised the choice
which his birth and the conflict OF doctrines al
lowed him and become a citizen Of the foreign
State.
One Of the greatest perplexities Of our foreign
ministers arises from the claims Of these and
other persons Of doubtful status. Hundreds OF
residents in European countries develop q shad-
owy title TO American citizenship only when they
want a passport or wish 20 escape some obliga-
tion 10 the country OF their residence. It is now
hello that citizens who live abroad with no in
tention OF returning and taking up their duties
at home, unless they detained as agents OF
American enterprise or by reasons OF health or
poverty. have no right to expect American pro-
section. The time OF permitted absence is fixed
at two years in general. but any case must be
3Ucged by the particular circumstances Some
rule Of this kind is especially necessary IN view
OF the number Of Europeans who become nat
rrslizeo In the United States and Immediately
return to dwell foreigners IN their native
lana expecting the intervention OF the United
States TO exempt them from military and other
duties. No citizenship confers 50 great priv
3lsges and imposes few burdens as that OF the
United States. and al over the world persons are
seeking It's refuge.
The marriage OF an American citizen 70 a
foreign woman o. q 70 which the privilege
81 naturalization Is extended OF itself works
her naturalization. Conversely. the marriage
% an American woman 70 a foreigner works
her expatriation. This expatriation is not how
ever. In ell respects complete. for she nav IN
some States enjoy rights OF property which
would not be extended 20 foreigner. New
York by special act allows such a person and
her descendants 20 take. hold and convey real
estate IN like manner Il they were citizens
The status o. a woman expatriated by marriage
IN case OF her husbands death and her return
20 this country has been In dispute. and Con-
Eress passed act readrnisting Mrs Nellie
Grant sartoris 10 citizenship: but the weight
OF authority is IN favor OF the reacouirement
OF citizenship by a returning widow without
any such Formally.
Mr Van Dyne does not attempt to discuss
The various State laws respecting property as
they relate 20 citizenship. thoagh be laws the
Foundation FOR any necessary study along that
line by making possible the determination Of
citizenship under any circumstances for which
precedent exists. He reviews the law ana
history Of Individual naturalization under gen
era statutes naturalization by treaty. bv IN.
admission Of new States ard by conquest The
volume also contains chapters on passpor1s
with forms end Instructions; on expa; riatlon
and on the attitude OF foreign governments
toward their former subjects natursiizes here
with detailed Information concerning the prs
cautions 70 be taken by adopted citizens re-
turning 70 their native lands. In an appendix