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tion, instruction, opinion, order, or decision of any officers of this government which denies, restricts, impairs, or questions the right of expatriation, is hereby declared inconsistent with the fundamental principles of this government.
Sec. 2. And be it further enacted, That all naturalized citizens of the United States, while in foreign states, shall be entitled to, and shall receive from this government, the same protection of persons and property that is accorded to native born citizens in like situations and circumstances.
Sec. 3. And be it further enacted, That whenever it shall be made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons for such imprisonment, and if it appears to be wrongful, and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, it shall be the duty of the President to use such means, not amounting to acts of war, as he may
proper to obtain or effectuate such release, and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress. (United States Statutes at Large, 1867–8, p. 223.)
See for British Law of Naturalization and Expatriation, the Naturalization Act, 1870, 8 vi, p. 82, infra. For the naturalization laws of the different States of Europe and America, see Lawrence's Wheaton, edit. 1863, Appendix, p. 861, et seq.; Lawrence's Commentaire sur le Droit Internationale, &c., tome III, p. 110.
TREATIES WITH THE GERMAN STATES.
(1.) CONVENTION WITH THE NORTH GERMAN CON
CONCLUDED FEBRUARY 220, 1868. The President of the United States of America and his Majesty the King of Prussia, in the name of the North German Confederation, led by the wish to regulate the citizenship of those persons who emigrate from the North German Confederation to the United States of America, and from the United States of America to the territory of the North German Confederation, have resolved to treat on this subject, and have for that purpose appointed plenipotentiaries to conclude a convention; that is to say, et cetera :
Citizens of the North German Confederation, who become naturalized citizens of the United States of America, and shall have resided uninterruptedly within the United States five years, shall be held by the North German Confederation to be American citizens, and shall be treated as such.
Reciprocally: Citizens of the United States of America who become naturalized citizens of the North German Confederation, and shall have resided uninterruptedly within North Germany five years, shall be held by the United States to be North German citizens, and shall be treated as such. The declaration of an intention to become a citizen of the one or the other countries, has not for either party the effect of naturalization.
This article shall apply as well to those already naturalized in either country as those hereafter naturalized.*
* This last paragraph is not to be found in the treaty as promulgated by the government of the North German Confederation (Gesetze des Norddeutschen Bundes, 1869, p. 35), nor is it in the treaty as it is published in the United States
ARTICLE II. A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration; saving, always, the limitation established by the laws of his original country.
The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on the one part, and Prussia and other states of Germany on the other part, the sixteenth day of June, one thousand eight hundred and fiftytwo, is hereby extended to all the States of the North German Confederation.
If a German, naturalized in America, renews his residence in North Germany without the intent to return to America, he shall be held to have renounced his naturalization in the United States. Reciprocally : If an American, naturalized in North Germany, renews his residence in the United States, without the intent to return to North Germany, he shall be held to have renounced his naturaliza tion in North Germany. The intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country.
ARTICLE V. The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force for ten years. If neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention. (Treaties of the United States, 1868, p. 115.)
Consular Regulations (p. 206). We are not aware of any authority for inserting it. It will be seen that the first article is defective, inasmuch as the term “who become naturalized citizens,” &c., is used in the English copy, while the words " geworden sind” in the German copy signify have been, and thus neither version includes all to whom it was obviously intended to apply. The mistake does not exist in the treaties with the South German States.
(2.) CONVENTION WITH BAVARIA,
CONCLUDED MAY 26, 1868.
ARTICLE I. Citizens of Bavaria who have become, or shall become, naturalized citizens of the United States of America, and shall have resided uninterruptedly within the United States for five years, shall be held by Bavaria to be American citizens and shall be treated as such.
Reciprocally: Citizens of the United States of America who have become, or shall become, naturalized citizens of Bavaria, and shall have resided uninterruptedly within Bavaria five years, shall be held by the United States to be Bavarian citizens, and shall be treated as such.
ARTICLE II. The same as the North German treaty, with the words,“ or any other remission of liability to punishment,” added.
ARTICLE III. Extradition treaty of 12th September, 1853, to remain in force.
ARTICLES IV. AND V. The same as the North German treaty.
PROTOCOL,* DONE AT MUNICH, THE 26TH MAY, 1868. The undersigned met to-day to sign the treaty agreed upon in conformity with their respective full powers, relating to the citizenship of
* A protocol or declaration, signed by the Plenipotentiaries, whether at the time of the conclusion of the treaty, or of the exchange of the ratifications, has no effect in the United States on the interpretation of a treaty, unless it has been submitted to and approved by the Senate. But where one of the parties to a treaty, at the time of its ratification, annexes a written declaration explaining ambiguous language in the instrument, or adding a new and distinct stipulation, and the treaty is afterwards ratified by the other party with the declaration attached to it, and the ratifications duly exchanged, the declaration thus annexed is a part of the treaty, and as binding and obligatory as if it were inserted in the body of the instrument. (Lawrence's Wheaton, Ed. 1863, notes 163, 249, pp. 455, 879.) In the case of the Bavarian treaty, the protocol was promulgated by the President as a part of the convention.
those persons who emigrate from Bavaria to the United States of America, and from the United States of America to Bavaria, on which occasion the following observations, more exactly defining and explaining the contents of this treaty, were entered in the following protocol :
I.-Relating to the First Article of the Treaty.
1. Inasmuch as the copulative “and” is made use of, it follows, of course, that not the naturalization alone, but an additional five years' uninterrupted residence is required before a person can be regarded as coming within the treaty; but it is by no means requisite that the five years' residence should take place after the naturalization. It is hereby further understood that if a Bavarian has been discharged from his Bavarian indigenate, or on the other side, if an American has been discharged from his American citizenship, in the manner legally prescribed by the government of his original country, and then acquires naturalization in the other country in a rightful and perfectly valid manner, then an additional five years' residence shall no longer be required, but a person so naturalized shall, from the moment of his naturalization, be held and treated as a Bavarian, and reciprocally as an American citizen.
2. The words “resided uninterruptedly” are obviously to be understood, not of a continued bodily presence, but in the legal sense, and therefore a transient absence, a journey or the like, by no means interrupts the period of five years contemplated by the first article.
II.-Relating to the Second Article of the Treaty.
1. It is expressly agreed that a person who, under the first article, is to be held as an adopted citizen of the other state, on his return to his original country cannot be made punishable for the act of emigration itself, not even though at a later day he should have lost his adopted citizenship.
III.— Relating to Article Four of the Treaty.
1. It is agreed on both sides that the regulative powers granted to the two governments respectively, by their laws, for protection against resident aliens, whose residence endangers peace and order in the land, are not affected by the treaty. In particular, the regulation contained in the second clause of the tenth article of the Bavarian military law of the 30th of January, 1868, according to which Bavarians, emi