"and Marshal in England would be the proper judicature in such a

case.

“2. Though my Prince should give his leave to settle myself, for "instance, in Sweden, and that I should purchase and have land given me in Sweden, upon condition, and by the tenure of following the "king in his wars; if my king should afterwards have a war with "Sweden, that king cannot command me to follow him against my "natural and original master. The reason of it is, he cannot command "me to expose myself more than his own natural-born subjects do; "which yet would be my case, if I should appear with him in the field "against my Natural Liege Lord; into whose hands if I should happen "to fall alive, he would have a right to punish me as a traitor and a "rebel, and put me to the torture and ignominy of his laws at home, "which he cannot pretend to do when he takes those that are not his "born subjects, nor inflict anything upon them but what is agreeable to "the permissions of war.

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"3. Nay, which is more, in the case of Reprisals, if I live in Sweden, a Burgher, Officer, or what you please, and a Dane, for instance, hath "Letters of Reprisals against the English nation, if my goods fall into "the Dane's hands, they are lawful prize, though I be never so much "habituated in Sweden; unless it proves, that I am so transplanted "thither cum pannis, that I have neither goods nor expect them in England, "and have resolved never to return thither; which is an exception that some learned men allow of, but not all: these things show that the quality of a natural born subject is tied with such indissoluble bonds upon every man, that he cannot untie all by any means.

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CCCXXVI. A change of nationality is effected by the operation of the law upon the acts of the individual. The wife by her marriage acquires the nationality of her husband; the naturalization of the husband carries with it, ipso facto, that of the wife. "C'est la conséquence du lien "intime qui unit les époux, consacré par toutes les législa"tions, et passé ainsi en principe du droit international ” (q).

Upon the same principle, the naturalization of the father carries with it that of his minor children; and M. Fælix is

(p) Life of Jenkins, vol. ii. p. 713.

Fælix, 1. i. t. i. s. 2. My obligations to this work are very great, though in the present instance there is a departure from the division of the subject adopted by its erudite author; of whose untimely death, during the progress of the first edition of this work, I heard with sincere regret. (q) Fælir, ib. s. 40.

of opinion that the naturalization of a widow has the same effect upon her minor children (r). It is clear that in neither case are children, majors by the law of the land of their birth, affected by the act of their parents.

CCCXXVII. A collective naturalization of all the inhabitants is effected when a country or province becomes incorporated in another country by conquest, cession, or free gift (s). Under the old law of France, the Dutch and Swiss and other nations had, by virtue of Treaties, the rights of natives (indigenatus); and by the Bourbon Family Compact of 1761, a similar privilege was conceded to Spanish subjects.

CCCXXVIII. The laws of France since 1790 have contained a variety of provisions upon the means of acquiring and losing naturalization (t).

By the law now in force, a Frenchman loses his native character by naturalization, or by accepting office without the permission of the State, in a foreign country, or by so establishing himself abroad as to evidence an intention of never returning to his country. He may, however, at any time recover his native character by renouncing his foreign office and domicil, and making due application to the State (u).

In the Austrian dominions the stranger acquires rights of citizenship by being employed as a public functionary. The

(r) Fælix, 1. i. t. i. s. 41.

(8) Günther, vol. ii. p. 268, n. e.

(t) Fælix, 1. i. t. i. s. 2.

(u) Code civil, 1. i. t. i. c. ii. ('De la Privation des Droits civils') s. 17: "La qualité de Français se perdra :—1. Par la naturalisation acquise en pays étranger. 2. Par l'acceptation, non autorisée par le Président de la République, de fonctions publiques conférées par un gouvernement étranger. 3. Enfin, par tout établissement fait en pays étranger, sans esprit de

retour.

"Les établissements de commerce ne pourront jamais être considérés comme ayant été faits sans esprit de retour.

"18. Le Français qui aura perdu sa qualité de Français pourra toujours la recouvrer en rentrant en France avec l'autorisation du Président de la République et en déclarant qu'il veut s'y fixer, et qu'il renonce à toute distinction contraire à la loi française."

superior administrative authorities have the power of conferring these rights upon an individual who has been previously authorized, after ten years' residence within the empire, to exercise a profession. Mere admission into the military service does not bring with it naturalization. Emigration is not permitted without the consent of the proper authorities; but the emigrant who has obtained permission, and who quits the empire sine animo revertendi, forfeits the privileges of an Austrian citizen. The wife of an Austrian citizen acquires citizenship by her marriage.

In Prussia the stranger acquires the right of citizenship by his nomination to a public office; and by a law passed in 1842 the superior administrative authorities are empowered to naturalize any stranger who satisfies them as to his good conduct and his means of existence. Certain exceptions are made with regard to Jews, to subjects of another State belonging to the Germanic Confederation, to minors, and to persons incapable of disposing of themselves. The same rule as in Austria applies to the emigrant. The wife of a Prussian citizen acquires citizenship by her marriage (x).

In Bavaria, by the law of 1818, the jura indigenatus are acquired in three ways:

1. By the marriage of a foreign woman with a native.

2. By a domicil taken up by a stranger in the kingdom, who at the same time gives proof of his freedom from personal subjection to any foreign State.

3. By royal decree.

The Bavarian citizenship is also lost in three ways:1. By the acquisition, without the special permission of the king, of jura indigenatus in another kingdom.

2. By emigration.

3. By the marriage of a Bavarian woman with a stranger. In the kingdom of Würtemberg, a stranger must belong to a commune in order to acquire citizenship, unless he be nominated to a public function. The citizenship is lost by

(a) Fælix, 1. i. t. i. s. 2.

emigration authorized by the Government, or by the acceptance of a public office in another State.

CCCXXIX. In the kingdom of the Netherlands the power of conferring naturalization rests with the Crown by the 9th and 10th articles of the Fundamental Law of 1815.

CCCXXX. In Russia, naturalization is effected by taking an oath of allegiance to the Emperor; but naturalised strangers may, at any time, renounce their naturalization and return to their country.

In the United States of North America, the Constitution confers on Congress the power to establish a uniform rule of naturalization (y); and it has been held by the tribunals of the highest authority in that country, that the power so vested in Congress is exclusive, and that it cannot be exercised by, any one of the Federal States.

Bill

In 1868 the United States passed an Act of Naturalization, in which, among other things, it was enacted, "That "all naturalized citizens of the United States, while in foreign States, shall be entitled to and shall receive pro"tection of persons and property that is accorded to native"born citizens in like situations and circumstances.

"And whenever it shall be duly made known to the Pre"sident that any citizen of the United States has been "arrested, and is detained by any foreign Government in "contravention of the intent and purposes of this Act, upon "the allegation that naturalization in the United States "does not operate to dissolve his allegiance to his native Sovereign, or if any citizen shall have been arrested and

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detained, whose release upon demand shall have been un"reasonably delayed or refused, the President shall be and

(y) Vide supra, ch. v. § cxix.

1 Kent, p. 422, pt. ii. 1. xix. (5.) 2 Ib. p. 50, uniform rule of naturalisation established by Act of 1802.

2 Dallas, Rep. 370.

3 Washington Circuit Rep. 313.

2 Wheaton's Rep. 269.

5 Wheaton's Rep. 49.

2 Kent, 63.

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hereby is empowered to suspend in part or wholly com"mercial relations with the said Government, or, in case no "other remedy is available, order the arrest, and to detain "in custody, any subject or citizen of the said foreign Go"vernment who may be found within the jurisdiction of the "United States, except Ambassadors and other public "Ministers, and their domestics and domestic servants, and "who has not declared his intention to become a citizen "of the United States; and the President shall, without "But this whole "delay, give information to Congress of any such proceedsection", M. More "ings under this Act" (z).

was

<

Senate which sub

CCCXXXI. In Great Britain, the law relating to atricken on by Naturalization is governed by two recent statutes (a), which stitutes the third provide for the status of Aliens in the United Kingdom, Section of the art and contain provisions which enable, for the first time, a British subject to renounce allegiance to the Crown, and of Cong. July 27, and also to resume his British nationality; also with respect to 1868; ment of the Saralithe National status of married women and children. was concurs in first of these statutes also gives power to the British Colonies by the fuse to legislate with respect to naturalization, such legislation, Act, as amender however, being subject to be confirmed or disallowed by the Crown.

ны

Icame law."

The

Citip It may be well to observe that a foreigner naturalized in naturalizata British colony is generally entitled to the protection of the Am haw. Reg. out," Nov. 1879. $6685

(z) Ann. Reg. 1868, p. 250.

ave been

would have been

This strange reprisal, after the fashion of the First Napoleon, of seizing and imprisoning, innocent foreign subjects, novel in modern public law. It would be equivalent to a declaration of war against the State to which the subject belonged. No State has a right to dissolve the relations of native allegiance between a foreign subject and his State without that State's consent.

(a) 33 & 34 Vict. c. 14, "An Act to amend the law relating to the legal condition of Aliens and British Subjects" (May 12, 1870), which was preceded by the report of a Royal Commission; and 35 & 36 Vict. c. 39. The latter Act comprises in a schedule a convention between England and the United States enabling citizens of either country who had been naturalized in the other to renounce their naturalization by means of the prescribed formalities; but the provisions were but temporary, and are no longer in force.