CHAPTER IV. CITIZENSHIP, EXPATRIATION, AND PASSPORTS Citizenship of the United States may be acquired in either of two ways: by birth, or by naturalization. Citizenship by birth may arise either (1) by birth in the United States, or (2) by birth to an American father abroad. Citizenship results from the fact of birth in the United States, irrespective of the citizenship of the parents. This is by virtue of the principle of the common law, by which all persons born within the dominions and allegiance of the Crown, whether of English or foreign parents, were natural-born English subjects, except the children of foreign ambassadors or the children born to an enemy during hostile occupation of British territory. It also results from the express provisions of Sec. 1992 R. S. and the Ist section of the Fourteenth Amendment to the Constitution, which are merely declaratory of the common law. The earlier decisions of our courts concerning this question were somewhat conflicting but it was definitely and authoritatively settled by the decision of the Supreme Court in the case of Wong Kim Ark, 169 U. S. 649, in 1898. Citizenship by birth to an American father abroad, results from the provisions of section 1993 R. S., that all children heretofore born or hereafter born out of the United States, whose fathers were or may be at the time of their birth citizens, are declared to be citizens of the United States. The logical result of the operation of our law of citizenship by birth when it comes in conflict with the law of another country on the subject, is to produce what is termed double allegiance. This is inevitable in the absence of a general agreement for the exclusive application of the one or the other of such laws. For example, in case of the birth in the United States of a child to parents, citizens of a country by the law of which citizenship depends on parentage, or in case of the birth of a child to American parents in a foreign country where the jus soli prevails, the child is a citizen of the United States by virtue of our law, while at the same time by the law of the foreign country he is a citizen of the country to which his parents owe allegiance. Where such dual allegiance arises the conflict is obviated by the general practice of nations, whereby the individual is required, upon reaching majority, to elect which nationality he will conserve. If the question becomes a practical one before he arrives at majority, the conflict is decided according to the law of the one of the two countries within whose jurisdiction he actually is. The only legislation relating to this subject in the United States, is the recent Act of Congress of March 2, 1907, requiring children who are citizens in accordance with the provisions of section 1993 R. S., and who continue to reside abroad, in order to receive the protection of this government, to record at an American consulate when they reach the age of eighteen years, their intention to become residents and remain citizens of the United States, and upon attaining majority, to take the oath of allegiance to the United States. The second source of citizenship in the United States is by naturalization, which is the act of adopting an alien and clothing him with the privileges of a citizen. Naturalization may be effected (1) by taking out naturalization papers in compliance with the general laws of the United States; (2) by naturalization of parents; (3) by marriage; (4) by special act of Congress; (5) by treaty; (6) by conquest; (7) by admission of a territory to statehood. The general requirements for formal naturalization are a continuous residence of five years in the United States and one year in the State; a formal declaration of intention to become a citizen, two years at least before admission to citizenship; the renunciation, at admission, of any title or order of nobility, and of allegiance to a foreign state, and taking the oath of allegiance to the United States. In addition to his own oath, the applicant must produce the testimony of at least two witnesses, citizens of the United States, who have personal knowledge, as to the facts of his residence, moral character and attachment to the principles of the Constitution. He must be able to write his name and to speak the English language. Only aliens of the Caucasian and African races are eligible for naturalization. Alien enemies, anarchists, polygamists, and persons not of good moral character, are debarred. The naturalization of an alien confers citizenship also upon his minor children dwelling in the United States. Section 2172 R. S. provides that the children. of persons who have been duly naturalized under any law of the United States, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof. The use of the phrase 'dwelling in the United States' made the meaning of this law uncertain, the difficulty being to determine at what period of time the child is required to be dwelling in the United States in order to acquire citizenship. To resolve this doubt, the Act of March 2, 1907, was passed which declares that a child born without the United States of alien parents shall be deemed a citizen by virtue of the naturalization of the parents; provided that such naturalization takes place during the minority of such child; and provided, further, that the citizenship of such minor child shall begin at the time the child begins to reside permanently in the United States. A third method of naturalization is by marriage. By the terms of Section 1994 R. S. any woman who is eligible for naturalization under our general laws, becomes, by marriage to a citizen, a citizen of the United States herself, just as if she had complied with all the formalities prescribed by the general naturalization |