EXPATRIATION (from ML. expatriare, to banish from one's country, from Lat. ex. out patria, father-land, from pater, father). Change of residence and allegiance from one's native or adopted land to another country and government. arising by voluntary act or by operation of law. It has been declared by the United States Con gress to be "a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and pursuit of happi ness." (United. States Revised Statutes, 1999, 2000.) In the same statute Congress char acterized every opinion, order, or decision which denied, restricted, impaired, or questioned the right of expatriation, as inconsistent with the fundamental principles of the Republic. These statutory declarations fairly represent the view now prevailing in this country. In the War of I812 Great Britain denied the right of expatria tion to her citizens, holding that they could not renounce their native allegiance and assume a new one without her consent. This doctrine was accepted by Chancellor Kent as in accord with the principles of the common law. It no longer obtains, however, either in this country or in Great Britain. In 1870 an act of Parliament and a treaty with the United States committed the British Government to an acceptance of the rule contended for by her opponent in the War of I812. Under this statute and treaty any Britisfi subject who at any time may become naturalized in a foreign State shall be deemed to have ceased to be a British subject, and shall be regarded as an alien. Provision is also made for a formal
declaration of allegiance by a person who is a British subject according to British law-, but a foreign subject according to foreign law. It is fur ther declared that a British woman by marriage with a subject of a foreign State is expatriated, and that a minor child changes its nationality with the expatriation of its father or widowed mother, provided it resides abroad with such parent.
In this country, an American woman is not expatriated by marriage with a foreigner unless she removes from the country with him. Actual departure from the United States is deemed an essential element in expatriation. While our legislation and national policy are favorable to expatriation. our Government will not undertake to protect persons who have secured naturaliza tion here for the purpose of evading some duty to their native State, and not with the bona fide intent to transfer their residence and allegiance to us. 'Such persons are usually excepted from the operation of treaties which we have entered into with the principal States of Europe. con ceding the right of expatriation to their subjects have emigrated to this country. Consult the articles on ALIEN; LAW; NATURALIZATION; and the authorities referred to 'under those titles.