and Congress. Similarly the British Government speaks for all its colonies and dependencies, though it now generally allows them to take part in making treaties in which their especial interests are involved. The doctrine of personality and single responsibility is applied alike to the little republic of San Marino, so small that it can hardly be located on the map, the vast widely scattered dominions of the British Empire, and all the other nations whatever their size or the complexity or simplicity of their institutions.

With the increase of travel, commerce and intercourse among the people of different nations many questions arise as to the status of persons while away from their native homes. International law concedes to each nation the right to classify its people as it sees fit, and to determine the relation of each. class to the government, but when one who at birth owes allegiance to one country removes to another, questions arise as to the authority of his native country over him, its duties and obligations to protect him in his person and property and as to his rights, duties and obligations in the country to which he goes.

The general rule is that place of birth determines nationality, and that all persons born within the territorial boundaries. of the nation and within the allegiance of its government are citizens or subjects of it, bound to support and maintain it, subject to its laws, and entitled to its protection both at home and abroad." "All persons born or naturalized in the United. States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside." "Natural subjects are born within the dominions of the crown of England, that is within the legeance or, as it is generally called the allegiance, of the king; and aliens such as are born out of it." This is the general doctrine in all countries. 10 Every na

7 I Blackstone 370.

8 14th Amendment to Constitution of the United States.

91 Blackstone 366.

10 Civil Code of France, Art. 8. Const. Switzerland Arts. 43-44-45. Const. Japan Ch. 2. Tiaco v. Forbes, 228 U. S. 549, U. S. v. Wong Musgrove v. Chun Teeong Toy (1891) A. C. 272.

Kim Ark 169 U. S. 228.

tion, unless otherwise bound by treaty, has the right to forbid the entrance of foreigners within its boundaries, or to prescribe the terms on which they may be admitted, and to deport and . expel foreigners who have not been naturalized." Though this power exists and has at times been used by all the nations, it is not generally exercised in commercial nations in times of peace, and the sparsely peopled countries of the Western Hemisphere have invited the immigration of Europeans.

The converse of this power, that of preventing its citizens from going abroad, also exists, and a nation may compel its citizens or subjects to remain within its territorial limits, but the exercise of this power is not in accord with the principles of free people. By the common law of England a subject could not throw off his allegiance to the crown without the consent of the sovereign,12 and the monarchies of central Europe have strenuously asserted this doctrine until recent times. The United States does not deny its citizens the right of expatriation, but from an early day has steadily asserted the right of a man to choose his country and his allegiance. Section 1999 of the Revised Statutes of the United States provides :

"Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of the public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic."

Aliens may become citizens of the country in which they are domiciled by compliance with its laws relating to naturalization in the countries which have such laws in force. Many treaties have been entered into, especially between the United

11 Fitch v. Weber 6 Hare 51. Macdonald's Case 18 How. St. Tr. 858. 12 McKenzie v. Hare 239 U. S. 299. Alsberry v. Hawkins 33 Am. D. 546.

States and other countries, giving to the citizens of each country the right of naturalization in the other. The United States statute on the subject provides that the alien must declare on oath, before the clerk of a court authorized to naturalize aliens, that it is his bona fide intention to become a citizen of the United States and to renounce forever all allegiance to any foreign sovereignty, two years at least before his admission. Not less than two nor more than seven years after making such declaration he may file a petition to be admitted to citizenship. He must then prove to the satisfaction of the court that he has resided continuously in the United States five years and in the state where the court is held at least a year, that he has behaved as a man of good moral character, attached to the principles of the Constitution, and on admission must swear to support the Constitution and renounce and abjure all allegiance to any foreign prince, potentate, state or sovereignty of which he was before a citizen or subject, and to support and defend the Constitution and laws of the United States against all enemies.13 Naturalization of parents also makes citizens of their children who were minors dwelling in the United States at the time of such naturalization. The children of citizens of the United States, born out of the United States are also citizens.14

Citizenship is not lost by mere absence from the United States, no matter how long continued, but may be transferred by naturalization in another country.

Citizenship of the husband carries with it citizenship of the wife in the United States, France and Great Britain.15

Naturalization is provided for under general laws in Great Britain, France, and many other nations.1

Denizens are residents of foreign birth accorded privileges

13 Comp. Stats. of U. S. 1918, Title XXX.

14 Comp. Stats. of U. S. 1918, § 4367.

15 Ruckgaber v. Moore 104 Fed. 947.

Code of France, Art. 12.

Kelly v. Owen, 7 Wall. 496 Civil

16 Stat. 7 & 8 Vict. c 66 & 33 & 34 Vict. c 14. Civil Code of France, Art. 8. Mexico requires a residence of two years only. Wheless Laws of Mexico, Arts. 825-826.

as such but not admitted to full citizenship. In England formerly the king might grant an alien the rights of a denizen by letters patent" and the states of the American Union conferred such rights before the passage of the Federal Statute on the subject, but the whole subject is now covered in both countries by the statutes regulating naturalization.

18

Within the territories of the leading nations are to be found persons not falling within any of the foregoing classes. In the United States there was formerly a large slave population,, which by the amendments to the Constitution have become free citizens. The native Indians were not citizens unless specially admitted as such. For many purposes the tribes, though living within the boundaries of a state or territory, are on the footing of independent nations, and the Government of the United States has made many treaties with them with reference to their lands, places of abode, and personal privileges. The Indians until granted citizenship are also treated as wards of the Government and under its especial care and supervision, so that no dealings with them by the whites are allowed except with the consent and in accordance with the regulations of the Government. The Commissioner of Indian Affairs in the Department of the Interior has the general supervision of their interests, and the legislation with reference to them has been very voluminous.

All the contiguous territory of the United States is now divided into States admitted into the Union on equal footing, and the citizens of each state are entitled to all the privileges and immunities of the others.20 The people of Hawaii and Alaska are also citizens of the United States, but not admit'ted into the Union as states.21

Porto Rico and the Philippine Islands stand on a different

17 I Bl. Com. 373.

18 Act 1799, 5 Stat. of S. Car. 355. McClenaghan v. McClenaghan 47 Am. D. 532.

19 U. S. Comp. Stats. 1918 § 713 and Title XXVIII.

20 Const. of U. S. Sec. 2, Art. IV.

21 U. S. Comp. Stats. § 3530-3647.

basis, the people being citizens of those possessions respectively, but not full United States citizens.22

The British Empire exhibits very great diversity in the relations of its subjects to the Empire. There are

1. The self-governing colonies, subject to a seldom used veto on their legislation by the British Government, each determining questions of citizenship for itself. Canada, Newfoundland, Australia, New Zealand and South Africa, have representative governments, accountable to the people.

2. Those having representative governments but subject to the veto of the home government on their legislation and to the appointment of officials by the crown, including the Isle of Man, Channel Islands, Malta, Cyprus, Ceylon, Mauritius, Bermudas, West Indian Islands, and British Guiana.

3. Crown colonies ruled by the home government. Gibraltar, India, Aden, Perim, Straits Settlements, Hong Kong, African possessions other than South Africa, British Honduras, New Guinea, Fiji Islands, Faulkland Islands, and Egypt, with very diverse relations to the native rulers and people.

Besides these there are various districts over which Great Britain assumes a protectorate, without having instituted any settled government, including Borneo and much of Africa.

Notwithstanding the very wide separation of the parts of the Empire, the extreme diversity in race of the people, the wide differences in local conditions, needs, and influences, the British Government speaks for the people of every part of the Empire in all dealings with other nations. The attribute of ultimate sovereignty rests alone in the King and Parliament, in which the people of the British Isles alone have representation. The great war has shown the wonderful strength and coherence of these scattered dominions and of the bonds so loosely tied.

France also has its home citizenship and its African, Asiatic, and American dependencies, the people of which are in all stages of social development, and while accorded the protection of subjects have not French citizenship.

The Netherlands exercises sovereignty over vast possessions 22 U. S. Comp. Stats. § 3754, $ 3809.