Home >> Bouvier's Law Dictionary >> Equal Protection Of The to Family Arrangement >> Expatriation

Expatriation

citizen, foreign, naturalized, citizens and act

EXPATRIATION. The voluntary act of abandoning one's country and becoming the citizen or subject of another.

The right of expatriation is the right of a person to transfer his allegiance from the country of which he is a citizen to another country.

This right has been much discussed. The question has been settled in the United States by the act of July 27, 1868, which de dares the right of expatriation to be the in herent right of all people, disavows the claim made by foreign states that naturalized American citizens are still the subjects of such states, and extends to such naturalized citizens, while in foreign countries, the same protection accorded to native-born citizens. R. S. §§ 1999, 2000. This declaration compre hends our own citizens as well as those of other countries ; 14 Op, Atty. Gen. 295. Since the passage of this act, the United, States has entered into treaties with nearly all the nations of Europe by which the contracting Powers mutually concede to subjects and citizens the right of expatriation on condi tions and under quabiAca,tions. And in case of conflict between the above act of congress and any treaty, it would seem the treaty must be held paramount ; Morse, Citizenship § 179. See TREATY. To be legal, the expa triation must be for a purpose which is not unlawful nor fraud of duties of the emigrant at home.

Most foreign governments permit their cit izens to become naturalized in • other coun tries, but generally upon condition of the prior fulfilment of military service. Hershey 243-244. In Switzerland the consent of the canton is required, and a like rule exists in Japan ; Meilli, Intern. C. & C. 121.

A citizen may acquire in a foreign coun try commercial privileges attached to his domicil, and be exempted from the operation of commercial acts embracing only persons resident in the United States or under its protection. See DOMICIL; NATURALIZATION.

See also Miller, Const. U. S. 285, 297; Mur ray v. The Charming Betsy, 2 Cra. (U. S.) 120, 2 L. Ed. 208 ;, 2 Kent 36; Grotius, b. 2, c. 5, s. 24 ; Puffendorff, b. 8, c. 11, ss. 2, 3; Vattel, b. 1, c. 19, ss. 218, 223, 224, 225 ; U. S. v. Gillies, 1 Pet. C. C. 161, Fed. Cas. No. 15, 206 ; Ainslie, v. Martin, 9 Mass. 461; 21 Am. L. Reg, 77; 11 id. 447; 3 Can. L. T. 463, 511; 25 Law Mag. & Rev. 124; Lawrence's Wheat. Int. L. ,S91.

By act of March 2, 1907, a citizen who is naturalized in any foreign state is expatri ated ; also a, naturalized citizen who has re sided two years in hiS native state or five years in any foreign state, except up on presenting satisfactory evidence to a dip lomatic or consular agent under the rules of the state department, and no citizen can be' expatriated in time of war.

A Pennsylvania court, following her con stitution framed by Franklin, first declared the right- of expatriation an original and in defeasible • right of man. Baldwin's Modern Political Institutions 241, citing Murray v. McCarty, 2 Munf. (Va.) 393 ; Wharton's State Trials 652.

For the floctrine of the English courts on this subject, see 1 Barton, Cony. 31, note ; Vaugh. '227, 28k; .7 Co: 16; Dy. 2, 224, 298 b, 300 b; 2 P, Wins. 124; 1 Hale, Pl. Cr. 68; 1 Wood, Cony. 382 ; Westl. Priv. Int. Law; Story, Confl. Laws ; Cockburn, Nationality.

See ALIEN; NATURALIZATION.