war The Hussar, taken by force on board that vessel, and confined in irons. Application on the part of the American consul and our chargé d'affaires for his release was unsuccessful. The U. S. S. St. Louis, under the command of Captain Ingraham, arriving in the harbor of Smyrna at this time, representation was duly made to Captain Ingraham concerning the state of affairs. After full investigation of the matter, and after being convinced that it was the intention of the commander of The Hussar to convey Koszta to Austrian territory, Ingraham made a demand for his release, intimating that he would resort to force if the demand was not complied with by a certain hour. An arrangement was, however, made by which Koszta was delivered to the French consul-general at Smyrna, there to remain until he should be disposed of by the mutual agreements of the consuls of the respective governments at that place. Pursuant to that agreement he was released and returned to the United States.1 According to the principle established in this case," Secretary Marcy further states, "Koszta was invested with the nationality of the United States, if he had it not before, the moment he was under the protection of the American consul at Smyrna and the American legation at Constantinople. That he was so received is established by the tezkereh they gave him and the efforts they made for his release."? 85. Citizenship by Birth.-Persons who have citizenship by birth may acquire it by being born within the territory of their state (jure soli, jus soli) or, if abroad, through the nationality of their parents (jure sanguinis). The Fourteenth Amendment to the Constitution of the United States says that "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 where they reside." This law would not apply to persons born in the United 1 Stockton's "Naval Manual," pp. 43-45. Moore's "Digest," vol. III, 832-3. States but of parents enjoying the immunities of foreign diplomatic officers and hence not subject to the jurisdiction of the United States. On the other hand, children of American diplomatic or consular agents residing abroad, if born abroad are citizens of the United States. This is extended by the law of 1855 which reads that "all children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens of the United States, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States." Children born abroad of persons once citizens of the United States but who have become citizens or subjects of a foreign power are not citizens of the United States nor entitled to protection as such according to the ruling of the attorney-general of the United States in 1873.1 Under the law of 1855 quoted above, nationality is not inherited through women, and an illegitimate child born abroad of an American woman is not a citizen of the United States.2 The rules just given are those prevailing in the United States and, in principle, in Great Britain, Portugal, and most of the Latin-American states. A modification of this system prevails in Germany, AustriaHungary, Sweden, and Switzerland, whereby children born within the territory and jurisdiction of a state, to alien parents, are regarded as aliens or foreigners. Another system prevails in France by which every child of a Frenchman is held to be of French nationality, whether born in France or abroad; whereas an individual born in France to alien parents and not domiciled in France at the age of majority is regarded as a foreigner. But until the completion of his twenty-second year such an individual has the option of making an act of submission by declaring his intention to ac 1 Moore's "Digest," vol. III, p. 282. quire a French domicile; and if he acquires such a domicile within a year after his act of submission, he may claim French nationality by means of a declaration, which will be registered with the ministry of justice. Every individual born in France to a foreigner and who is domiciled there at the time of his majority is regarded as a Frenchman, unless, within the year following his majority, he has declined French nationality and proved that he has preserved the nationality of his parents by means of an attestation drawn up in due form by his government. These principles apply also to Belgium, Holland, Greece, Turkey, Russia, Spain, and Italy. The act of February 10, 1855, which has already been referred to, is incorporated in Section 1993 of the Revised Statutes of the United States. The act of 1907 supplementing this section declares in Article 5 "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 parents. 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." In Article 6 of the same act it is stated that "all children born outside the limits of the United States who are citizens thereof in accordance with the provisions of Section 1993 of the Revised Statutes of the United States and who continue to reside outside the United States shall, in order to receive the protection of this government, be required, upon reaching the age of eighteen years, to record at an American consulate their intention to become residents and remain citizens of the United States and shall be further required to take the oath of allegiance to the United States upon attaining their majority."2 1 Hershey's "Essentials," pp. 238-9. 2 Supplement to A. J. I. L., 1907, p. 259. 86. Naturalization.-Citizenship can be acquired after birth by naturalization. This generally involves the change from the allegiance and sovereignty of one state to that of another. It is defined as the reception of an alien into the citizenship of a state through a formal act on application of the favored individual. This is naturalization in the ordinary sense. Besides this method of naturalization it may also take place through marriage, legitimation, resumption, option, acquisition of domicile, or appointment as a government official. It is a customary rule also in international law that the inhabitants of conquered and ceded territory lose one nationality and acquire another by the annexation of the territory to that of the conquering state. This is often known as collective naturalization or citizenship. Naturalization is regulated by municipal law, but it is also a matter of importance in connection with international law as questions of legal nationality may become of serious importance involving grave matters of international policy and action. The doctrine of perpetual allegiance which once prevailed in several countries may be considered as no longer existing, while the right of expatriation is generally conceded in fact if not in principle. It does not always follow that naturalization, which is an act of municipal law, grants all rights alike to the naturalized citizen and to one native-born. The Constitution of the United States, for instance, restricts the presidency of the nation to native-born citizens. As has been previously mentioned naturalization is with us a judicial act, while the power to make naturalization laws rests alone with Congress. A certificate of naturalization in regular form by a proper court is treated, as a rule, as conclusive evidence of citizenship. The declaration of intention to become a citizen of course does not convey citizenship; it is a necessary preliminary intention and is an assurance of sincerity and stability of purpose. A certificate that such declaration has been made must be carefully distinguished from a certificate of naturalization. When any alien, however, who had declared his intention to become a citizen of the United States dies before he is actually naturalized, it is held that his widow and minor children may by complying with the other provisions of the naturalization laws, be admitted to citizenship without having to make, on their part, the declaration of intention. As to the question of expatriation which follows naturalization, an American citizen is deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its municipal law. On the other hand, if a naturalized American citizen resides continuously for two years in the foreign state from which he came, or for five years in any other foreign state, it is presumptive evidence that he has ceased to be an American citizen. Such presumption can be overcome on the presentation of satisfactory evidence to the contrary. An American citizen is not allowed to expatriate himself when his country is at war. By a convention adopted in the third Pan-American conference in 1906 and ratified by the United States in 1908 the following articles were adopted: “1. If a citizen, a native of any of the countries signing the present convention, and naturalized in another, shall again take up his residence, in his native country without the intention of returning to the country in which he has been naturalized, he will be considered as having reassumed his original citizenship, and as having renounced the citizenship acquired by the said naturalization. "2. The intention not to return will be presumed to exist when the naturalized person shall have resided in his native country for more than two years. But this presumption may be destroyed by evidence to the contrary. "3. This convention will become effective in the countries that ratify it three months from the dates upon which said |