Law of April 9, 1866 [As reenacted in Revised Statutes, 1878, sec. 1992] All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States (U. S. C., title 8, sec. 1). Law of February 25, 1927 SEC. 3. All persons born in the Virgin Islands of the United States on or after January 17, 1917 (whether before or after the effective date of this Act), and subject to the jurisdiction of the United States, are hereby declared to be citizens of the United States (44 Stat. 1235; U. S. C., title 8, sec. 5c). Law of June 27, 1934 All persons born in Puerto Rico on or after April 11, 1899 (whether before or after the effective date of this Act), and not citizens, subjects, or nationals of any foreign power, are hereby declared to be citizens of the United States: Provided, That this Act shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such person; or to extend such citizenship to persons who shall have renounced or lost it under the treaties and/or laws of the United States or who are now residing permanently abroad and are citizens or subjects of a foreign country (48 Stat. 1245; U. S. C., title 8, sec. 733b). * ** * [For special statutes governing citizenship of Indians, see pp. 614, 615.] [For special Constitutional, statutory, and treaty provisions governing citizenship in outlying possessions of the United States, see pp. 617-626.] LAWS RELATING TO INDIANS Law of June 2, 1924 2 That all noncitizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property (43 Stat. 253; U. S. C., title 8, sec. 3). Law of January 25, 1929 That it was not the purpose of Congress when passing the Act of June 4, 1924 (Forty-third Statutes, page 376), to repeal, amend, modify, or abridge the provisions of the Act of June 2, 1924 (Forty-third Statutes, page 253), entitled "An Act to authorize the Secretary of the Interior to issue certificates of citizenship to Indians," which conferred full citizenship upon the Indians composing the Eastern Band of Cherokee Indians, located in the State of North Carolina, and that the citizenship of said Indians be and is hereby confirmed (45 Stat. 1094). Law of June 19, 1930 That all noncitizen Cherokee Indians born within the territorial limits of the United States and resident in the State of North Carolina are hereby declared to be citizens of the United States and entitled to all the rights, privileges, and immunities belonging to such citizens, including the right of franchise, provided they can meet and conform to the educational and other tests imposed upon voters of the State of North Carolina, as a condition precedent to the exercise of such right of franchise. All Acts or parts of Acts of Congress inconsistent herewith are hereby repealed. Nothing contained in this Act shall in any manner impair or otherwise affect the right of any Indian to tribal or other property (46 Stat. 787; U. S. C., title 8, sec. 3a). 2 Prior statutes conferring citizenship upon various classes of Indians are not included herein. Law of May 7, 1934 That the Indians of the Tsimshian Tribe, and those people known as Metlakahtlans, who emigrated from Metlakahtla, British Columbia, Canada, to Annette Island, in the Alexander Archipelago in southeastern Alaska in the year 1887, and there established a colony known as Metlakahtla, Alaska. and any and all other British Columbia Indians who joined them there not later than January 1, 1900, and have since resided continuously therein, having been faithful and loyal to the Constitution, laws, and the Government of the United States, are hereby declared to be citizens of the United States (48 Stat. 667; U. S. C., title 8, sec. 3b). SEC. 2. The granting of citizenship to the said Indians shall not in any manner affect the rights, individual or collective, of the said Indians to any property, nor shall it affect the rights of the United States Government to supervise and administer the affairs of the said Metlakahtla Colony. And any reservations heretofore made by any Act of Congress or Executive order or proclamation for the benefit of the said Indians shall continue in full force and effect and shall continue to be subject to modification, alteration, or repeal by the Congress or the President, respectively (48 Stat. 667; U. S. C., title 8, sec. 3c). LOSS OF NATIONALITY Law of March 3, 1865 [As reenacted in Revised Statutes, 1878, sec. 1996] All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof (U. S. C., title 8, sec. 11). Law of March 3, 1865 [As reenacted in Revised Statutes, 1878, sec. 1998, as amended by act of August 22, 1912] That every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six of the Revised Statutes of the United States: Provided, That the provisions of this section and said section nineteen hundred and ninety-six shall not apply to any person hereafter deserting the military or naval service of the United States in time of peace: And provided further, That the loss of rights of citizenship heretofore imposed by law upon deserters from the military or naval service may be mitigated or remitted by the President where the offense was committed in time of peace and where the exercise of such clemency will not be prejudicial to the public interests: And provided further, That the provisions of section eleven hundred and eighteen of the Revised Statutes of the United States that no deserter from the military service of the United States shall be enlisted or mustered into the military service, and the provisions of section two of the Act of Congress approved August first, eighteen hundred and ninety-four, entitled "An Act to regulate enlistments in the Army of the United States," shall not be construed to preclude the reenlistment or muster into the Army of any person who has deserted, or may hereafter desert, from the military service of the United States in time of peace, or of any soldier whose service during his last preceding term of enlistment has not been honest and faithful, whenever the reenlistment or muster into the military service of such person or soldier shall, in view of the good conduct of such person or soldier subsequent to such desertion or service, be authorized by the Secretary of War (37 Stat. 356; U. S. C., title 8, sec. 12). Law of May 24, 1934 SEC. 3. A citizen of the United States may upon marriage to a foreigner make a formal renunciation of his or her United States citizenship before a court having jurisdiction over naturalization of aliens, but no citizen may make such renunciation in time of war, and if war shall be declared within one year after such renunciation then such renunciation shall be void (48 Stat. 797; U. S. C., title 8, sec. 17a). Law of March 2, 1907 3 SEC. 2. That 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* (34 Stat. 1228; U. S. C., title 8, sec. 17). And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war (34 Stat. 1228; U. S. C., title 8, sec. 16). * * * PROTECTION ABROAD Law of July 27, 1868 [As reenacted in Revised Statutes, 1878, sec. 1999] 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 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 (U. S. C., title 8, sec. 15). Law of July 27, 1868 [As reenacted in Revised Statutes, 1878, sec. 2000] All naturalized citizens of the United States, while in foreign countries, are entitled to and shall receive from this Government the same protection of persons and property which is accorded to native-born citizens (U. S. C., title 8, sec. 13). Law of July 27, 1868 [As reenacted in Revised Statutes, 1878, Sec. 2001] Whenever it is 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 of 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, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress (U. S. C., title 8, sec. 14). * 3 Sec. 3 of the Act of September 22, 1922 (42 Stat. 1022; U. S. C., title 8, sec. 9), and sec. 4 (a) of the Act of March 3, 1931 (46 Stat. 1511; U. S. C., title 8, sec. 9), contained a provision "that a woman citizen of the United States shall not cease to be a citizen of the United States by reason of her marriage * unless she makes a formal renunciation of her citizenship before a court having jurisdiction over naturalization of aliens." Sec. 3 of the Act of September 22, 1922, provided, however, "that any woman citizen who marries an alien ineligible to citizenship shall cease to be a citizen of the United States." This provision was omitted in the amendment to sec. 3 (a) of the Act of September 22, 1922, by sec. 4 (a) of the Act of March 3, 1931. For the second paragraph of this section dealing with presumptive loss of nationality, see Protection Abroad, p. 617. Law of March 2, 1907 SEC. 2.5 * * * 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 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 consular officer of the United States, under such rules and regulations as the Department of State may prescribe (34 Stat. 1228; U. S. C., title 8, sec. 17). And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war (34 Stat. 1228; U. S. C., title 8, sec. 16). SEC. 6. That all children born outside the limits of the United States who are citizens thereof in accordance with the provisions of section nineteen hundred and ninety-three 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 (34 Stat. 1229; U. S. C., title 8, sec. 6). SEC. 7. That duplicates of any evidence, registration, or other acts required by this Act shall be filed with the Department of State for record (34 Stat. 1229; U. S. C., title 8, secs. 6 and 17). Constitutional, Statutory, and Treaty Provisions OUTLYING POSSESSIONS OF THE UNITED STATES ALASKA [The Convention between the United States and Russia ceding Alaska to the United States was signed at Washington, March 30, 1867; ratification advised by the Senate, April 9, 1867; ratified by the President, May 28, 1867; ratified by Russia, May 3, 1867; ratifications exchanged at Washington, June 20, 1867; proclaimed June 20, 1867. contains the following provision:] It "ARTICLE III. The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages, and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property, and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may, from time to time, adopt in regard to aboriginal tribes of that country" (15 Stat. 539; 18 Stat. (pt. 2, Public Treaties) 671; Treaty Series No. 301; Malloy, Treaties, II, 1521). Law of May 7, 1934 SECTION 1. That the Indians of the Tsimshian Tribe, and those people known as Metlakahtlans, who emigrated from Metlakahtla, British Columbia, Canada, to Annette Island, in the Alexander Archipelago in southeastern Alaska in the year 1887, and there established a colony known as Metlakahtla, Alaska, and any and all other British Columbia Indians who joined them there not later than January 1, 1900, and have since resided continuously therein, having been faithful and loyal to the Constitution, laws, and the Government of the United States, are hereby declared to be citizens of the United States (48 Stat, 667; U. S. C., title 8, sec. 3b). 5 This section has been generally construed as relating to loss of the right to receive the protection of the United States while abroad rather than to loss of the status of a citizen of the United States. See Camardo v. Tillinghast (29 F. (2d) 527), and cases cited. The Supreme Court of the United States in the case of Rassmussen v. United States, 197 U. S. 516, held that under the treaty Alaska was incorporated into the United States. While the laws relating to citizenship in the United States are applicable to Alaska, it seems particularly desirable to call attention to the following portion of the act of Congress of June 2, 1924 (43 Stat. 253), which reads in part as follows: "That all non-citizen Indians born within the territorial limits of the United States be, and they are hereby declared to be, citizens of the United States: * * HAWAII' Law of April 30, 1900 SEC. 4. That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii (31 Stat. 141; U. S. C., title 8, sec. 4; 48 id. sec. 494). And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight, and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii (31 Stat. 141; U. S. C., title 48, sec. 494). SEC. 5. That the Constitution, and, except as herein otherwise provided, all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States (31 Stat. 141: U. S. C., title 48, sec. 495). Law of July 2, 1932 That for the purposes of subdivision (b) of section 3 of the Act entitled "An Act relative to the naturalization and citizenship of married women," approved September 22, 1922, as amended, a woman born in Hawaii prior to June 14, 1900, shall, if residing in the United States on the date of enactment of this Act, be considered to have been a citizen of the United States at birth (47 Stat. 571; U. S. C., title 8, sec. 368b). PHILIPPINE ISLANDS [Treaty between the United States and Spain signed at Paris, December 10, 1898; ratification advised by the Senate, February 6, 1899; ratified by the President, February 6, 1899; ratified by Spain, March 19, 1899; ratifications exchanged at Washington, April 11, 1899; proclaimed, April 11, 1899.] "ARTICLE IX. Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside.R Hawaii was annexed to the United States by a joint resolution of Congress, July 7, 1898, entitled "Joint resolution to provide for annexing the Hawaiian Islands to the United States" (30 Stat. 750). The joint resolution contained no provision relating expressly to citizenship, although it contained the following paragraph: "The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded, between the United States and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the fulfillment of the treaties so extinguished, and not inconsistent with this joint resolution nor contrary to the Constitution of the United States nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine." Sec. 1 of the Constitution of the Republic of Hawaii of July 4, 1894, provided as follows: "All persons born or naturalized in the Hawaiian Islands, and subject to the jurisdiction of the Republic, are citizens thereof." As to the status of Hawaii between August 8, 1898, when the formal transfer of sovereignty was made, and April 30, 1900, see Hawaii v. Mankichi (190 U. S. 197). 8 Protocol with Spain extending the period during which Spanish subjects, natives of the Peninsula, may declare their intention to retain their Spanish nationality, concluded March 29, 1900, and proclaimed April 28, 1900 (31 Stat. 1881), provided: "SOLE ARTICLE "The period fixed in Article IX of the Treaty of Peace between the United States and Spain, signed at Paris on the tenth day of December, 1898, during which Spanish subjects, natives of the Peninsula, may declare before a court of record their intention to retain their Spanish nationality, is extended as to the Philippine Islands for six months beginning April 11, 1900.”. |