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International Problems in Respect to Nationality by Naturalization and of Married Women

Published online by Cambridge University Press:  27 February 2017

Henry B. Hazard
Henry B. Hazard*
Affiliation:
Bureau of Naturalization, Department of Labor
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Type
Third Session
Information
Proceedings of the American Society of International Law at its annual meeting (1921-1969) , Volume 20 , 1926 , pp. 67 - 89
Copyright
Copyright © American Society of International Law 1926

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References

1 15 Stat. 223–224; Rev. Stats. Sees. 1999–2001.

2 Act of March 2, 1907; 34 Stat. 1228.

3 (1915), 239 U. S. 299, 312.

4 Act of September 22, 1922; 42 Stat. 1021–1022.

5 See Treaties, Conventions, International Acts, Protocols, and Agreements between the United States of America and other Powers, 1776–1923, Washington, Government Printing Office; or United States Statutes at Large. As to the convention with Bulgaria, see 43 Stat. 1759.

6 Treaties, etc., ibid., Vol.3, p. 2882; 37 Stat. 1653. The Pan American Naturalization Convention, signed August 13, 1906, became effective in the countries ratifying it, three months from the date ratifications were communicated to the Government of Brazil. The President of the United States, by proclamation of January 28, 1913, reported ratifications by the Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, and Salvador. It is understood, however, that Mexico, in 1923, disclaimed having ratified the convention.

7 Ibid., Vol. 1, p. 434.

8 In re Rodriguez (1897), 81 Fed. 337, 353.

9 Joint Res., December 7, 1917; 40 Stat. 429.

10 Joint Res., April 6, 1917; 40 Stat. 1.

11 “Austria undertakes to recognise any new nationality which has been or may be acquired by her nationals under the laws of the Allied and Associated Powers, and in accordance with the decisions of the competent authorities of these Powers pursuant to naturalisation laws or under treaty stipulations, and to regard such persons as having, in consequence of the acquisition of such new nationality, in all respects severed their allegiance to their country of origin.” Treaties, etc., ibid., Vol. 3, pp. 3149, 3232.

12 Ibid., Vol. 3, pp.3539,3624.

13 Ibid., Vol. 3, pp. 3329, 3449.

14 Citizenship of the United States, Expatriation, and Protection Abroad; House of Representatives, 59th Cong. 2nd Sess., House Docs. Vol. 72, Serial No. 5175, Doc. No. 326, Washington, Government Printing Office (1907), p. 12.

15 Hall, William Edward, International Law, Oxford, Clarendon Press, 8th ed. (1924), p.282.

16 Westlake, John, International Law, Part I, Peace, 2nd ed., Cambridge, University Press (1910), p. 237.

17 The International Law Association, Report of Proceedings, 33rd Conference, Stockholm, September 8–13,1924; London, Sweet & Maxwell, Ltd. (1925), pp. 25–26, 32.

18 22 Stat. 58, 61.

19 34 Stat. 596, 601.

20 Act of June 29, 1906 (34 Stat. 596), as amended by Act of May 9, 1918 (40 Stat. 542, 545), 11th subdiv., Sec. 4.

21 Act of September 22, 1922; 42 Stat. 1021, 1022.

22 Ibid. The term “ineligible to citizenship,” in the Immigration Act of 1924, possesses a meaning beyond racial disqualification, as it includes an individual debarred from becoming a citizen of the United States under any of the following statutes: (a) Section 2169, Revised Statutes, because not white or of African nativity or descent. (b) Section 14, Act of May 6, 1882 (22 Stat. 58, 61), because a Chinese. (c) Section 1996, 1997, or 1998, Revised Statutes, as amended by Act of August 22, 1912 (37 Stat. 356), because of desertion from, or avoidance of the draft into, the military or naval service. (d) Section 2, Act of May 18, 1917 (40 Stat. 76, 77–78), as amended by Act of July 9, 1918 (40 Stat. 845, 885), because of having withdrawn his declaration of intention in order to avoid military service. (e) Any law amendatory of, supplementary to, or in substitution for, any of the foregoing. Sec. 28, Act of May 26, 1924; 43 Stat. 153, 168.

23 9 Opin. Attys. Genl. (1859), 356, 357–359.

24 See Citizenship of the United States, Expatriation, and Protection Abroad, ibid., p.26.

25 Mr. Fish, Secy. of State, to Mr. Washburn, Minister to France, June 28, 1873, For. Rel. 1873, I, 256, 259; Moore, Int. Law Digest, Vol. 3, pp. 762, 763.

26 The Charming Betsy (1804), 2 Cranch (6 U. S.), 64, 120.

27 Sec. 2, Act of March 2, 1907; 34 Stat. 1228.

28 Rules prescribed by the Department of State, in effect April 21, 1926, whereunder the presumption of expatriation may be overcome.

29 29 House of Representatives, 59th Cong. 2d Sess., House Reports, Vol. 1, Serial No. 5064, Misc. Report No. 6431, Expatriation of American Citizens, January 18, 1907, p. 2.

30 Cong. Rec., 59th Cong. 2d sess., Vol. 41, pt. 2, Jany. 21, 1907, pp. 1464–1466.

31 Ibid., p. 1464.

32 Ibid., p. 1466.

33 Flournoy, , Richard, W. Jr., “Naturalization and Expatriation,” in Yale Law Journal, Vol. 31, No. 8, June, 1922, pp. 865, 866.Google Scholar

34 28 Opin. Attys. Genl. (1910), p. 504.

35 Ibid., p. 507.

36 Ibid., pp. 507–508.

37 Ibid., p. 510.

38 (1914), 214 Fed. 508; U. S. Dist. Court, East. Dist. of Pa.

39 (1916), 231 Fed. 546; U. S. Dist. Court, So. Dist. of N. Y.

40 (1916) 237 Fed. 679; U. S. Dist. Court, So. Dist. N. Y.

41 Treaties, etc., ibid., Vol. 1, p. 46; 17 Stat. 833, 836.

42 Stein et al. v. Fleischman Co. et al., ibid., p. 682.

43 In re Naturalization of Aliens in Service of Army or Navy of United States (1918), 250 Fed. 316; U. S. Dist. Court, East. Dist. Mo., East. Div.

44 (1919), 255 Fed. 159; U. S. Dist. Court, No. Dist. Ga., No. Div.

45 (1922), 281 Fed. 889; U. S. Dist. Court, Neb., Omaha Div.

46 Ibid., p. 890.

47 Ibid., p. 891.

48 Miller, Alien Property Custodian, et al. v. Sinjen (1923), 289 Fed. 388; U. S. Cir. Court Appeals, 8th Circuit.

49 (1923), 286 Fed. 982; U. S. Dist. Court, East. Dist. N. Y.

50 (1922), 57 Court of Claims, p.424.

51 Ibid., p. 430.

52 United States v. Gay (1924), 264 U. S. 353.

53 See detailed discussion of opinions by Mr. Flournoy, loc. cit., pp. 858–866.

54 Bewes, , Wyndham, A.,Secretary, Committee on Nationality and Naturalisation, in Report of the International Law Association, ibid., p.23.Google Scholar

55 League of Nations, Committee of Experts for the Progressive Codification of International Law, Questionnaire No. 1, C. 43. M. 18. 1926. V (C. P. D. I. 53), Geneva, February 9,1926, pp. 8–9.

56 Ibid., p. 15 (C. P. D. I. 20, Annex).

57 The International Law Association, Report of Proceedings, ibid., pp. 22–72.

58 League of Nations, Questionnaire No. 1, etc., ibid., p. 16.

59 Proclaimed August 26, 1920 (41 Stat. 1823).

60 House of Representatives, 67th Cong. 2d Sess., Reports. Serial No. 7957, Vol. 3, Report No. 1110, Naturalization and Citizenship of Married Women, June 16, 1922.

61 Act of September 22, 1922; 42 Stat. 1021.

62 Section 1994, U. S. Revised Statutes.

63 34 Stat. 1228.

64 Cong. Rec., 59th Cong. 2nd Sess., Vol. 41, Pt. 2, House of Representatives, January 21, 1907, p. 1464.

65 65 (1883), 16 Fed. 211.

66 Cf. Shanks v. Dupont (1830), 28 U. S. (3 Pet.) 242, 246–250; Beck v. McGillis (1850), 9 Barb. (N. Y.) 35, 49; Comitis v. Parkerson et al. (1893), 56 Fed. 556–564; Jennes v. Landes (1897), 84 Fed. 73; Ryder v. Bateman (1898), 93 Fed. 16, 21; Ruckgaber v. Moore (1900), 104 Fed. 947–949; Wallenburg v. Mo. Pac. Ry. Co. (1908), 159 Fed. 217–219 (marriage in 1904); In re Fitzroy (1925), 4 Fed. (2d) 541–542 (marriage in 1905).

67 (1915), 239 U. S. 299, 311–312.

68 House of Representatives, Report No. 1110, ibid.; also Cong. Rec., 67th Cong. 2nd Sess., Vol. 62, Pt. 9, June 20, 1922, pp. 9039–9067.

69 House of Representatives, Report No. 1110, ibid., p. 3.

70 “Provided, That any woman citizen who marries an alien ineligible to citizenship shall cease to be a citizen of the United States.” Section 3, Act of September 22, 1922.

71 Cong. Rec., 67th Cong. 2nd Sess., Vol. 62, Pt. 9, June 20, 1922, pp. 9057, 9062–9064.

72 Hearings on S. Bill 2969, Naturalization and Citizenship of Married Women, before subcommittee of Committee on Immigration, U. S. Senate, 69th Cong. 1st Sess., March 24, 1926, pp. 8–15. Hearings on H. Bills 4057, 6238, 9825, Immigration and Citizenship of American-born Women Married to Aliens, House Committee on Immigration and Naturalization, 69th Cong. 1st Sess., March 23, 1926, pp. 12, 17–19, 21, 22.

73 Hearings on S. Bill 2969, ibid., pp. 8–11, 15–18. Hearings on H. Bills 4057, 6238, 9825, ibid., pp. 13–16.

74 Hearings on S. Bill 2969, ibid., pp. 19, 20.

75 League of Nations,Questionnaire No. 1, etc., ibid., pp. 20–21.