ment les droits politiques ou de cité consistent dans l'action que la charte accorde aux François qui ont la qualité de citoyen, pour concourir, par leurs votes, à la formation de la chambre des députés et y être éligibles. .. Tout François ne jouit pas des droits politiques ou de cité; pour en jouir, il ne suffit pas d'être François, il faut encore être citoyen." Manuel de Droit François, p. 9. From 1789 to 1800 various laws were passed in reference to naturalization, the general purport of which was to accord the civil rights of a Frenchman to every resident, and the political rights to those of them who would take the civic oath, though by some of the constitutions the right of citizenship was accorded without the oath, and in others it was required that persons born foreigners should have married a Frenchwoman, acquired real estate, or performed meritorious services; and in the latter constitutions, a residence in France, more or less extended, was superadded. Among the provisions as to naturalization, adopted during this period, was the law of 9-15 December, 1790, which is still in force, and by which the descendants of persons expatriated on account of their religion, however remote the emigration of their ancestors, are declared Frenchmen, and placed as to political rights, in all respects, in the same category as native-born citizens. Such was the decision of the Chamber of Deputies in 1824 and 1828, on occasion of Benjamin Constant, Roman, and Odier. The constitutional law, referred to in the 7th section of the Code Civil, is the third article of the Constitution of 22 Frimaire an 8, (13 December, 1799,) by which a foreigner, of the age of twenty-one, who has declared his intention to reside in France, may become, after a residence of ten years, a French citizen. This right is also granted by special decree, without requiring the above delay, for meritorious services or the introduction of valuable improvements, &c. Another mode of naturalization, in France, was, by the annexation of territory, the retrocession of which, in 1814, has given rise to very grave questions. Several of the decrees of annexation declared the inhabitants of the countries to be French native citizens (citoyens François nés.) Fælix's opinion is, that the result would have been the same, if there had been no such declaration, and his remarks equally apply to the additions which have been, from time to time, made to the territory of the United States, to which we have referred, as cases of collective naturalization. "The naturalization of the inhabitants," says he, " is, as it seems to us, the immediate consequence of every annexation of territories, according to the existing European law of nations; and since it is no longer the custom, even after the conquest of a country, to reduce its inhabitants to a condition inferior to that of the country of the conqueror." Pothier thus lays down the principle: "When a province is united to the crown, its inhabitants must be regarded as native Frenchmen, whether they are born before or after the union." This author adds: "There is even reason to think that the foreigners, who are established in these provinces and who have there obtained, according to the laws in force, the rights of citizenship, must, after the annexation, be considered citizens, equally with the native inhabitants of those provinces, or, at least, with foreigners naturalized in France." Mr. Heffter's language is to the same effect. He regards as citizens or subjects, according to the law of nations, all those who are domiciled in a territory, that is to say, all who have a fixed residence there, whether they are natives or have emigrated; secondly, their wives; thirdly, the children, or other legitimate descendants of a father who is a native of the country, or the natural children of a woman who is a native, even if they are born abroad, provided those children have not clsewhere established a legal domicile with the consent of their parents. In other words, the dominion of a territory car ries with it the subjection of the native inhabitants of that territory, or of those who have their residence there, either in fact or in law, as well as of all their descendants." There is no example of a law which declares a class of persons to be deprived of their quality of citizens or Frenchmen. But such has been the result of treaties. As their consequence, or, at least, from the exchange of ratifications, the inhabit ants of the ceded or separated provinces have ceased to be Frenchmen, and have become citizens of the country with which the territory where they resided has been incorporated. This change of nationality has been effected by the sole force of the treaties, at the moment of their conclusion or ratification. The treaties of 1814 and 1815 allowed a term of years in which the inhabitants of the ceded territory might decide whether to remain in the country or to quit it with their property. Many different questions have grown out of this provision as to the nationality of these inhabitants during the intervening period. Fœlis, Naturalisation Collection; Perte Collective de la Qualité de François; Rev. Etr. et Fr. N. S. tom. ii. p. 340. In the States of the Germanic Confederacy, no German can be treated as an alien. Enclop. Amer. Alien, 175. In Naples, naturalization is conferred for ser vices after one year, and in other cases, after a residence varying, according to circumstances, from five to ten years. Martens, Récueil des Traités Sup. tom ix. p. 174. In the Austrian dominions the stranger acquires rights of citizenship by being employed as a public functionary. The superior administrative authorities have the power of conferring these rights upon an individual, who has been previously authorized, after ten years residence within the empire, to exercise a profession. Mere admission into the military service does not bring with it naturalization. The wife of an Austrian citizen acquires citizenship by her marriage. In Prussia, the stranger acquires the right of citizenship by his nomination to a public office; and by a recent law (1842) the superior administrative authorities are empowered to naturalize, with certain exceptions, any stranger who satisfies them as to his good conduct and means of existence. The wife of a Prussian citizen, also, acquires citizenship by her marriage. In Bavaria, by the law of 1818, the jura indigenatus are acquired in three ways: 1. By the marriage of a foreign woman with a native. 2. By a domicile taken up by a stranger in the kingdom, who at the same time gives proof of his freedom from personal subjection to any foreign State. 3. By royal decree. In the kingdom of the Netherlands, the power of conferring naturalization rests with the crown, by the 9th and 10th articles of the Fundamental Law of 1815. In Russia, naturalization is acquired by taking an oath of allegiance to the Emperor; but naturalized strangers may, at any time, renounce their naturalization and return to their country. Phillimore on International Law, vol. i. p. 352. Though England admits foreigners to the rights of British subjects, she does not allow of the expatriation of her native subjects; nor does she require, on naturalization, a renunciation by aliens of their allegiance to their former government. But whatever the embarrassment of a double allegiance to the individual, that does not affect, as has been elsewhere explained, the validity of the naturalization, with reference to the adopted country. The naturalization law of the United States proceeds on the principle, that every individual has a right to change his allegiance, and such has been the language of our diplomatic communications, in accordance with the doctrine of the publicists, that whenever a child attains his majority, according to the law of his domicile of origin, he becomes free to choose his nationality; but the Supreme Court, while recognizing, in common with the Admiralty tribunals of England, a change of domicile for commercial purposes, have not admitted the distinct right of expatriation, independently of an act of Congress to authorize it. On this point, Chancellor Kent remarks: "From an historical review of the principal discussions in the Federal Courts, the better opinion would seem to be, that a citizen cannot renounce his allegiance to the United States, without the permission of government, to be declared by law; and that as there is no existing legislative regulation on the case, the rule of the English common law remains unaltered." He adds: "The naturalization laws of the United States are, however, inconsistent with this general doctrine; for they require the alien who is to be naturalized to abjure his former allegiance, without requiring any evidence that his native sovereign has released it." Kent's Comm. vol. ii. p. 49. The French code prescribes, liv, i. t. i. c. 2, § 17, that the quality of Frenchmen is lost: 1st. By naturalization in a foreign country. 2d. By the acceptance of office from a foreign government, without the permission of the State. And 3d. By fixing his residence abroad without the intention of returning. By the 18th section, however, it is provided that it may be at any time recovered, on due application to the government, on a Frenchman's returning to France, and renouncing the foreign functions, and his child may also obtain the right, by complying with the terms prescribed in other cases. In Austria, emigration is not permitted without the consent of the proper authorities; but the emigrant who has obtained permission, and who quits the empire, sine animo revertendi forfeits the privileges of an Austrian citizen. A case of emigration by consent was that of the Lombards, who, in consequence of political events, obtained permission to leave the Austrian territories, in order to become naturalized in Sardinia, and the subsequent confiscation of whose property in Lombardy, in 1853, was made a subject of interposition by the government of Great Britain with that of Austria. The decree of the Emperor of Austria, of 1832, as to unlawful emigrants, who lose all their civil and political rights at home, and which was the case of the Hungarians, who escaped after the events of 1848-9, is noticed in Mr. Marcy's note to Mr. Hulsemann, respecting Koszta, heretofore cited. The same rule applies in Prussia as in Austria with regard to emigration. In Bavaria, citizenship is lost: 1st. By the acquisition, without the special permission of the king, of the jus indigenatus, in another country. 2d. By emigration. 3d. By the marriage of a Bavarian woman with a foreigner. In Wurtemburg, citizenship is lost by emigration, authorized by the government, or by the acceptance of a public office in another State. Phillimore on International Law, ut supra. In Russia, the quality of a subject is lost by a residence abroad; by voluntary expatriation, without the intention of return; by disappearance. Every individual subject to the capitation tax is considered to have disappeared who, during ten years, has not been heard of in the place of his domicile. Rev. Etr. et Fr. tom. iii. p. 267.] APPENDIX, NO. II. AN ACT TO REMODEL THE DIPLOMATIC AND CONSULAR SYSTEMS OF THE UNITED STATES.1 Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That from and after the thirtieth day of June next, the President of the United States shall, by and with the advice and consent of the Senate, appoint representatives of the grade of Envoys Extraordinary and Ministers Plenipotentiary to the following countries, who shall receive an annual compensation for their services not exceeding the amount specified herein for each: Great Britain, seventeen thousand five hundred dollars; France, fifteen thou sand dollars; Spain, twelve thousand dollars; Russia, twelve thousand dollars; Austria, twelve thousand dollars; Prussia, twelve thousand dollars; Switzerland, seven thousand five hundred dollars; Rome, seven thousand five hundred dollars; Naples, seven thousand five hundred dollars; Sardinia, seven thousand five hundred dollars; Belgium, seven thousand five hundred dollars; Holland, seven thousand five hundred dollars; Portugal, seven thousand five hundred dollars; Denmark, seven thousand five hundred dollars; Sweden, seven thousand five hundred dollars; Turkey, nine thousand dollars; China, fifteen thousand dollars; Brazil, twelve thousand dollars; Peru, ten thousand dollars; Chili, nine thousand dollars; Argentine Republic, seven thousand five hundred dollars; New Gra nada, seven thousand five hundred dollars; Bolivia, seven thousand five hundred dollars; Ecuador, seven thousand five hundred dollars; Venezuela, seven thousand five hundred dollars; Guatemala, seven thousand five hundred dollars; Nicaragua, seven thousand five hundred dollars; Mexico, twelve thousand dollars. 1 See Part III. ch. 1, § 6, p. 277. Introductory Remarks, p. clviii. 2 By the third section of the Civil and Diplomatic Appropriation Act, passed March 3, 1855, it was enacted, that the salaries to which Envoys Extraordinary and Ministers Plenipotentiary shall be entitled, on the 1st July, 1855, may be allowed to such as may be in office on that day, without reappointment, nor shall such Envoys Extraordinary and Ministers Plenipotentiary be required to take with them Secretaries of Legation, unless they should be allowed by the President of the United States. Sec. 2. And be it further enacted, That from and after the thirtieth day of June next, the President of the United States shall, by and with the advice and consent of the Senate, appoint Secretaries of Legation to the following countries, who shall receive an annual compensation for their services not exceeding the amount specified herein for each: Great Britain, twenty-five hundred dollars; France, twenty-two hundred and fifty dollars; Spain, twenty-two hundred and fifty dollars; Russia, two thousand dollars; Austria, two thousand dollars; Prussia, two thousand dollars; Switzerland, fifteen hundred dollars; Rome, fifteen hundred dollars; Naples, fifteen hundred dollars; Sardinia, fifteen hundred dollars; Belgium, fifteen hundred dollars; Holland, fifteen hundred dollars; Portugal, fifteen hundred dollars; Denmark, fifteen hundred dollars; Sweden, fifteen hundred dollars; Brazil, two thousand dollars; Peru, two thousand dollars; Chili, fifteen hundred dollars; Argentine Republic, fifteen hundred dollars; New Granada, fifteen hundred dollars; Bolivia, fifteen hundred dollars; Ecuador, fifteen hundred dollars; Venezuela, fifteen hundred dollars; Guatemala, fifteen hundred dollars; Nicaragua, fifteen hundred dollars; Mexico, two thousand dollars. Sec. 3. And be it further enacted, That from and after the thirtieth day of June next, the President of the United States shall, by and with the advice and consent of the Senate, appoint a Commissioner to the Sandwich Islands, who shall receive an annual compensation for his services of six thousand dollars; an Interpreter to the mission to China, who shall receive for his services two thousand five hundred dollars per annum; and a Dragoman to the mission to Turkey, who shall receive for his services twenty-five hundred dollars per annum. Sec. 4. And be it further enacted, That from and after the thirtieth day of June next, the President of the United States shall, by and with the advice and consent of the Senate, appoint Consuls for the United States, to reside at the following places, who shall receive, during their continuance in office, an annual compensation for their services, not exceeding the amount specified herein for each, and who shall not be permitted to transact, under the penalty of being recalled and fined in a sum not less than two thousand dollars, business either in their own name or through the agency of others: Great Britain. - London, seven thousand five hundred dollars; Liverpool, seven thousand five hundred dollars; Glasgow, four thousand dollars; Dundee, two thousand dollars; Newcastle, fifteen hundred dollars; Leeds, fifteen hundred dollars; Belfast, two thousand dollars; Hong-Kong, three thousand dollars; Calcutta, three thousand five hundred dollars; Halifax, two thousand dollars; Melbourne, four thousand dollars; Nassau, two thousand dollars; Kingston, (Jamaica,) two thousand dollars. Holland. lars. Prussia. -- - Rotterdam, two thousand dollars; Amsterdam, one thousand dol Aix-la-Chapelle, twenty-five hundred dollars. France. Paris, five thousand dollars; Havre, five thousand dollars; Marseilles, two thousand five hundred dollars; Bordeaux, two thousand dollars; Lyons, one thousand dollars; La Rochelle, one thousand llars; Nantes, one thousand dollars. Spain. Cadiz, fifteen hundred dollars; Malaga, fifteen hundred dollars; St. Jago de Cuba, two thousand dollars; Matanzas, three thousand dollars; St. Johns, |