ratifications shall be communicated to the government of the United States of Brazil; and if it should be denounced by any one of them it shall continue in effect for one year more, to count from the date of such denouncement.

"4. The denouncement of this convention by any one of the signatory states shall be made to the government of the United States of Brazil and shall take effect only with regard to the country that may make it."1

All naturalized citizens while in foreign countries are entitled to the same protection as to persons and property which is due native-born citizens. The United States has many special treaties covering the status of naturalized citizens when returning to their native countries. The right of protection goes, however, with the right to demand the allegiance and support from the naturalized citizen on the part of the state.

The necessity for special treaties on the subject of naturalization will be evident when it is realized that some states still take the ground that a renunciation of nationality without the consent of the government is punishable or results in practical exile from the original state. Turkey permits tacitly the expatriation of Ottoman subjects so long as they remain outside Turkish territory.

By the laws of the United States only white persons or aliens of African descent are capable of being naturalized. The law of 1906 also provides that no alien shall hereafter be naturalized or admitted as a citizen of the United States who cannot speak the English language unless he is physically unable to speak, and it has been held by the proper courts that neither Chinese, Japanese, Burmese, Hawaiians, nor American Indians can be naturalized under the statute law. No alien who is a natural citizen or subject or a denizen of any country with which the United States is at war at the time of his application can be admitted to citizenship. Anarchists, especially those of a militant character, are not allowed by statute to become 1 Supplement to A. J. I. L., p. 227, October, 1913.

citizens of the United States. Any woman who is or becomes married to a citizen of the United States and who is not barred from naturalization by being other than white or of African descent is also deemed to be a citizen of the United States. This applies to the wife of an alien who becomes naturlized after his marriage. As to a divorced woman, it is assumed in a case decided in the courts of the United States that she remains a citizen of the state in which her husband held citizenship unless she changes her nationality in some legal

manner.

By law it has been finally provided in general that a foreign woman acquires American citizenship by marrying an American, retaining it after termination of the marriage by any method unless she renounces the nationality in ways duly provided. Any American woman, on the other hand, who marries a foreigner in the same way acquires the nationality of her husband, and if the marriage terminates she can recover her American nationality in a manner provided by law. Missionaries and others living in barbarous countries or countries where exterritoriality exists under our laws retain their citizenship.

The subject of naturalization is and has always been a matter of great importance to the United States from the large emigration which has brought to this country millions of people, who have become its citizens in the due course of law by naturalization. On account of the varying laws and usages of the native countries of naturalized citizens, a conflict of laws often occurs. The systems of military conscription and service in the countries of continental Europe add to the friction and confusion generally involved in this subject. Military service requirements have compelled many special treaties to be made, carrying differing provisions upon the subject. Seamen on board of American merchant vessels hold a peculiar position as to citizenship, as they are given protection collectively without regard to their ordinary status of nationality.

by the "Consular Regulations" of 1889 the term American seamen includes the following:

1. Seamen, being citizens of the United States, regularly shipped in an American vessel, whether in a port of the United States or in a foreign port.

2. Seamen, foreigners by birth, regularly shipped in an American vessel, whether in a port of the United States or a foreign port, who have declared their intention to become citizens of the United States and who have served three years thereafter in an American merchant vessel.1

87. Corporations as Citizens.-Corporations are held to be citizens of a state so far as their rights are concerned. It was decided in a well-known case that, under the treaties of 1783 and 1794 between the United States and Great Britain, corporations are entitled in respect of security for their property to the same rights as natural persons.

The treaty of Guadalupe Hidalgo between the United States and Mexico makes no distinction, in the protection it provides, between the property of individuals and the property held by towns under the Mexican Government.

After the war of 1898 with Spain and under the treaty which closed the war, it has been decided in the case of the board of harbor works of Ponce, Porto Rico, that this Spanish corporation became, as between the United States and other governments, an American citizen.2

88. Aliens. Aliens, by whom we mean foreigners, either domiciled in or passing through a country, are, if admitted into a country, subject to its laws unless they are exempted by these laws. A distinction is naturally made between aliens who are travelling, and hence whose stay in the country is only temporary, and others who take up their residence either permanently or for a period of some duration.

Both classes of aliens are, however, entitled to protection of

1 "U. S. Consular Regulations," sec. 170.

2 Moore's "Digest," vol. III, pp. 800, 801, 804.

life and property, and in order to secure this protection they are entitled to access to the courts of the country in the same manner as citizens or subjects of the country. In turn, they are, as just mentioned, subject to the local laws of the country, punishable for crimes or any violation of such laws, and are also subject to any regulations adopted by the authorities of the state with respect to registration, passports, etc.

In time of war it has been held by the United States that military commissions and courts martial take cognizance of and try complaints against foreigners as well as citizens, without discrimination except that of the obligations of allegiance and citizenship, which are required from citizens alone, and also that the rights especially belonging to domiciled aliens under treaties or the laws of nations are to be observed. The suspension of the right of habeas corpus applies to aliens as well as citizens.1

An entire exclusion of the subjects of states of the white race from the territory of another state with whom they are at peace does not exist in modern times. It would not be in accordance with the usage of mutual intercourse, and it would most probably conflict with existing treaties between the nations. The power and usage to exclude undesirable persons, however, do exist, are provided for by the passport system, and are practised extensively by the United States and to a less extent by other nations, including Great Britain. This power and practice of exclusion apply both to Oriental races and undesirable persons of the white race. As to the white race, not only has a head tax been levied by law, but paupers, idiots, criminals, polygamists, anarchists, etc., are denied entry by law, as well as the more innocent contract laborers. In other words, the law purposes to exclude "such aliens as may be regarded as mentally, morally, or physically undesirable." In states like Russia, which regard Hebrews as a special and

1 Moore's "Digest," vol. IV, p. 17.

2 Act of February 20, 1907, A. J. I. L., 1907, pp. 239–241.

inferior class of persons and otherwise undesirable, there is no rule of international law requiring the reception of them in that country as aliens, notwithstanding that they enjoy full rights of citizenship in the country from which they come.

With the right of exclusion may be said to go the right of expulsion, but, as Westlake says, "in most countries the power of expulsion is left to the executive department of the government, which habitually exercises it for purposes of police, subject to the restraint of opinion, which, as is natural, appears to operate more strongly against the expulsion of persons already allowed to reside than against an initial refusal of admission."1

89. Domicile. The division between aliens in temporary residence or in transit and those more particularly known as domiciled aliens is not very sharp or definite. A very transient residence may involve the following of certain regulations, such as the publication of banns in Great Britain for a person's marriage, while the distinction varies until it reaches the time when an alien makes his only home or domicile in the foreign country a matter extending purposely over his entire life.

By domiciled aliens, then, we mean foreigners who have not relinquished their allegiance to a foreign state and are consequently not citizens or subjects of the country of which they are residents. They have, however, made their home in the country of their residence, with no well-defined intention of returning to their former homes. This residence, then, becomes, under the usages of international law, their domicile and is so termed.

To acquire domicile in a place," says Moore, "there must be (1) residence and (2) an intention to remain permanently or indefinitely. Where the physical facts as to residence are not disputed, the sole question is that of intention." We may add to this that time may become also an element in the matter. The jurisdiction which a state exercises over its 1 Westlake, I, p. 213. 2 Moore's "Digest," vol. III, p. 813.