States are less assured of impunity than the individual for they endure long enough to suffer the consequences of their acts. Thiers asked, after September 4, 1870, upon whom the Germans were making war, since the empire no longer existed. Ranke answered "upon Louis XIV." and he might have added "and Napoleon First."

The author could not resist the temptation to add,

There is more than one chance that Germany will expiate some day her violences of 1870 as cruelly as France has expiated the mistakes of her former governments.

Monsieur Dumas has pointed out the inadequate and unsatisfactory nature of the other sanctions mentioned; and he has at the same time well vindicated the competency of public opinion to sanction the performance of arbitral awards; but the aspiration for

another voice than that of the press and parliaments for the expression of international opinion

could hardly be satisfied by an international "college of censors," created as an official organ of that opinion for, as the author justly says,

it would be illusory to confide to governments the exercise of censorship.

The author finally leaves the subject, after much learned and interesting discussion, where he found it. No method is proposed, no suggestion is offered of the solution of the question of an official organ for the authorative expression of the opinion of the civilized world. It is to be doubted whether that opinion will not remain more powerful, more efficient and cogent in its unorganized condition as it gathers from the four quarters of the globe and pours out its storm upon a government which engages in any war, avoidable by arbitration, or which fails to observe the sentence of the tribunal.

Notwithstanding the introduction of topics of a polemical nature and the occasional want of breadth and elevation of treatment of the subject, the work of Monsieur Dumas is an instructive and original contribution to the subject of which he treats. It amply vindicates the opinion expressed in the preface by Baron D'Estournelles that,

it is opinion that has led governments to accept the resort to arbitration; it is opinion which will oblige them to execute the arbitral sentences voluntarily invoked by them.

W. L. PENFIELD.

Report on the Subject of Citizenship, Expatriation, and Protection Abroad. By Mr. James B. Scott, Solicitor for the Department of State, Mr. David Jayne Hill, Minister of the United States to the Netherlands, and Mr. Gaillard Hunt, Chief of the Passport Bureau. Accompanying the Letter of the Secretary of State to the Speaker of the House of Representatives, December 18, 1906. Pp. 35, with appendices, 538. Government Printing Office. 1906. H. of R. Doc. No. 326, 59th Congress, Second Session.

Pursuant to the recommendation of the committee on foreign affairs of the house of representatives (Report no. 4784, 59th Congress, First session) Acting Secretary of State Bacon, on July 3, 1906, constituted a board to inquire into the laws and practices regarding citizenship, expatriation, and protection abroad, and to report recommendations for legislation to be laid before congress.

The personnel of the board constituted by the acting secretary of state, viz: Mr. James Brown Scott, solicitor for the department of state, Dr. David Jayne Hill, American minister at the Hague, and Mr. Gaillard Hunt, chief of the passport bureau, all gentlemen of practical experience in dealing with questions relating to citizenship, and each having had, from his position, to study such questions from a different view point, was a guaranty that the investigation would be conducted along practical lines. The result of their examination, which is embodied in a report and recommendations covering thirty-five pages, and appendices of five hundred pages, is an exceedingly valuable contribution to the literature relating to the important subject of citizenship; and nearly all of the recommendations made by the board were carried into effect by legislation enacted by the congress that has just adjourned. Secretary Root, in transmitting the report and recommendations to Speaker Cannon, commended it

as a very clear and thorough exposition of this most important subject, upon which it seems to be generally agreed legislation is much needed.

The first appendix consists of a thorough memorandum or digest of cases relating to citizenship of the United States. The classification adopted is the logical one of citizenship by birth, citizenship by naturalization, and loss of citizenship by expatriation or otherwise. Under the head of Citizenship by Birth, the subject is considered under the subheads of Children Born within the Territory of the United States, and Children Born Abroad. Under the subhead of Children Born within the Territory of the United States, there is a further subdivision of Inhabitants not Aliens: A, Indians; B, Africans; C, Mixed Races; D, Porto

Ricans and Filipinos. The source from which the great bulk of our native citizenship is obtained, viz: children born in the United States of parents who are citizens, is not mentioned, perhaps because of the fact. that the citizenship of such persons is obvious. Under the subdivision of Alien Inhabitants, the subject is considered under the branches: A, of Parents Who May Become Citizens; B, of Parents Who May Not Become Citizens, and C, Election of Citizenship, and there is quite a full discussion of the imperfectly understood doctrine of election. It may be observed that it appears to be well settled under our law that citizenship is conferred by the mere fact of birth in the United States, irrespective of the nationality of the parents and whether the parents, if aliens, may or may not themselves become citizens by naturalization.

The citizenship of children born abroad is discussed in the memorandum under the heads of: American Parents Permanently Residing Abroad; A, Of Native Americans; B, Of Naturalized Americans; Of Americans Temporarily Residing Abroad; A, Of Native Americans, B, Of Naturalized Americans; and C, Election of Citizenship.

There is a full consideration of naturalization, under the following heads: Naturalization in Accordance with General Laws, Naturalization by Naturalization of Parent, Naturalization by Virtue of Marriage Relationship, Collective Naturalization (by admission of a new state into the Union by treaty, and by conquest). This memorandum in relation to naturalization constitutes an exhaustive digest of the judicial decisions on the subject and shows an immense amount of research.

The subject of expatriation is quite fully treated from a legal standpoint, and the memorandum is followed by the text of the laws of the United States on the subject of citizenship, from the beginning of our government, by a discussion of exterritoriality, extracts from treaties with countries in which the United States exercises extraterritorial jurisdiction, consular court regulation, and a table of cases cited in the appendix.

Appendix II consists of a short memorandum on citizenship of states of the Union, with the pertinent statutes of different states as an exhibit.

Appendix III embodies the laws of foreign countries in relation to citizenship, expatriation and protection.

Throughout the memorandum, with one or two slight exceptions, there are no quotations from the opinions of secretaries of state, a fruitful source of authorities on most of the subjects considered. It is presumed that the reason for this was the desire of the members of the board to base their recommendations exculsively upon judicial decisions.

The authorities here referred to may be found collected and classified in John Bassett Moore's monumental work, the International Law Digest. The recommendations made by the board, in brief, were that laws be enacted declaring:

1. That an American woman who marries a foreigner shall take the nationality of her husband. Upon termination of the marital relation, she may revert to her American citizenship, if abroad, by registering within one year as an American citizen at an American consulate or by returning to reside in the United States; if she is in the United States, by continuing to reside therein. (This was substantially the law of citizenship of married women, as declared and administered by the department of state, at the date of the preparation of the memorandum, but as there were decisions of our courts both for and against the view that the marriage of an American woman to a foreigner conferred on her the nationality of her husband; and as the proposition that upon the termination of the marriage relation, her American nationality reverted, did not square with the proposition that when a citizen becomes an alien, he can recover his rights as a citizen, only by going through the forms which our laws prescribe for the naturalization of aliens; it was very desirable that the question should be definitely solved by statute.) The act of March 2, 1907, substantially enacts into law this recommendation.

2. That a foreign woman who acquires American citizenship by marriage to an American, shall be assumed to retain the same after termination of the marital relation, if she continues to reside in the United States, unless she makes formal renunciation of such citizenship before a court having jurisdiction to naturalize aliens; and if she proceeds abroad she may continue her American citizenship by registering, within one year, as an American citizen, before the most convenient American consulate. (While the practice of the department of state had been to regard as a citizen of the United States, after the termination of the marriage, an alien woman married to a citizen, there was no mode of renunciation of citizenship prescribed, and it was difficult to determine at what period she ceased to be entitled to protection as a citizen of the United States in the event of her proceeding abroad and taking up her residence there upon widowhood. A good result is accomplished by the enactment of the law (§4 of act of March 2, 1907) which follows the wording of the recommendation of the board, except that for the last clause is substituted the following:

or if she resides abroad she may retain her citizenship by registering as such before a United States consul within one year after the termination of such marital relation.

3. That a non-resident child born without the United States of alien and non-resident parents shall be deemed a citizen of the United States by virtue of the naturalization of the parent; provided, however, that such naturalization takes place during the minority of such child, and provided, further, that the citizenship of such minor child shall date from the entry of such minor into the United States permanently to reside therein. The phrase "dwelling in the United States" in §2172 of the Revised Statutes, has been so variously construed by the courts and secretaries of state, that legislation was essential to determine the intent of the framers of the law. The substantial recommendation of the board is embodied in §5 of the act of March 2, 1907, which reads as follows:

That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the parent: provided, that such naturalization or resumption takes place during the minority of such child; and provided, further, that the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States.

4. That an American citizen may be assumed to have expatriated himself: (1) When he obtains naturalization in a foreign state. (2) When he engages in the service of a foreign state and such service involves the taking of an oath of allegiance to such state. (3) When he becomes domiciled in a foreign state, and such domicile shall be assumed when he has resided in a foreign state for five years without intent to return to the United States; but an American citizen residing in a foreign state may overcome the presumption of expatriation by competent evidence produced to a diplomatic or consular officer of the United States under such rules and regulations as the president shall prescribe. That any person who shall have accomplished expatriation in the manner above set forth shall, in order to reacquire American citizenship, be required to comply with the laws applicable to the naturalization of aliens. And the exercise of the right of an American citizen to expatriate himself shall only be permitted or recognized in time of peace. act of March 2, 1907, §2, while using briefer phraseology, comprehends the essential features of the board's recommendation. Its language is: Any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state. When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state it shall be presumed that he has ceased to be an American citizen and the place of his general abode shall be deemed to be his place of residence during said years: Provided, however, that such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or

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