Nationals of one state, domiciled in a foreign state which is at war, are liable to the consequences of the war. (b) Naturalized nationals are entitled to the same degree of protection as natives elsewhere than in states of their prior allegiance. In states of their prior allegiance their status will be dependent upon the local law. If obligations to the state of their prior allegiance or liabilities rested upon a naturalized national before his naturalization, it is generally maintained that such obligation or liability revives on his return to the state of his prior allegiance. Some states hold that only those obligations and liabilities incurred before emigration revive.93 (c) When a national of one state declares his intention to become a citizen of another state and to renounce his allegiance to his former sovereign, he acquires an inchoate nationality in the state of his choice. This declaration, called the “declara 93 "But a naturalized American of German birth is liable to trial and punishment upon return to Germany for an offense against German law committed before emigration, saving always the limitations of the laws of Germany. If he emigrated after he was enrolled as a recruit in the standing army; if he emigrated while in service, or while on leave of absence for a limited time; if, having an unlimited leave, or being in the reserve, he emigrated after receiving a call into service, or after a public proclamation requiring his appearance, or after war broke out-he is liable to trial and punishment on return." Liability to military service in Germany extends from the completion of the seventeenth year of age to the forty-fifth year. Foreign Relations U. S. 1901, p. 161. See same volume for Austria-Hungary, p. 7; Belgium, p. 16; Denmark, p. 139; France, 153; Germany, 160; Greece, 247; Italy, 282; Netherlands, 418; Persia, 424; Portugal, 439; Roumania, 441; Russia, 453; Servia, 455; Sweden and Norway, 486; Switzerland, 499; Turkey, 515. "The Turkish government denies the right of a Turk to become a citizen of any other country without the authority of the Turkish government. His naturalization is therefore regarded by Turkey as void with reference to himself and his children, and he is forbidden to return to Turkey. "The consent of the Turkish government to the naturalization in another country of a former Turk is given only upon condition that the applicant shall stipulate either never to return, or, returning, to regard himself as a Turkish subject. Therefore, if a naturalized American citizen of Turkish origin returns to Turkey, he may expect arrest and imprisonment or expulsion." tion of intention" in the United States, does not confer upon the declarant the rights of citizenship, and until naturalization is completed he remains an alien. It is customary for a state to extend a degree of protection to those who have declared their intention to acquire its nationality. Such protection will ordinarily only be afforded to the declarant when outside the jurisdiction of the state which he proposes to renounce.95 One of the most widely discussed cases of protection arose in 1853. Martin Koszta, a Hungarian, who had participated in the Revolution of 1848-49, fled to Turkey, was imprisoned, 94 "Declaration of Intention. "(Invalid for all purposes seven years after the date hereof.) years, occupation ... do declare on oath ....... (affirm) that my personal description is: Color weight ......, color of hair other visible distinctive marks ....... eyes height ......, ....... ....... complexion .., color of ...... .; I was born in ...... on the ...... day of ......, Anno Domini ... .; I now reside at ......; I emigrated to the United States of America from on the vessel ......; my last foreign residence was It is my bona fide intention to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly to of which I am now a citizen (subject); I arrived at the (port) of in the state (territory or district) of ......, on or about the ...... day of ......, Anno Domini; I am not an anarchist; I am not a polygamist, nor a believer in the practice of polygamy; and it is my intention in good faith to become a citizen of the United States of America and to permanently reside therein. So help me God. ....... "(Original signature of declarant) "Subscribed and sworn to (affirmed) before me this "(Official character of attestor.)" 95 Act March 2, 1907 (U. S. Comp. St. 1901, p. 438) provided: "That the Secretary of State shall be authorized in his discretion to issue passports to persons not citizens of the United States as follows: Where any person has made a declaration of intention to become such a citizen as provided by law, and has resided in the United States for three years, a passport may be issued to him entitling him to the protection of the government in any foreign country: Provided, that such passport shall not be valid for more than six months and shall not be renewed, and that such passport shall not entitle the holder to the protection of this government in the country of which he was a citizen prior to making such declaration of intention." and released on condition that he would leave that state. Koszta came to the United States, declared his intention to become a citizen July 31, 1852, and returned to Turkey in 1853, as he alleged, on "private business of a temporary character." The American representatives in Turkey furnished him with "a tezkereh-a kind of passport or letter of safe-conduct." While in Smyrna he was thrown into the sea. He was picked up by a crew from the Austrian warship Huzzar, taken on board the ship, and confined in irons. The American representatives requested Koszta's release, which was not granted. On arrival of an American warship in the harbor, Koszta's release was demanded, with an intimation that force would be used. Koszta was then delivered "into the custody of the French consul general, to be kept by him until the United States and Austria should agree as to the manner of disposing of him." Koszta was allowed to return to the United States, though Austria maintained her right to proceed against him if he should again return to Turkey. After mentioning that Koszta had by declaration manifested the intention of making the United States his permanent abode, Secretary Marcy says: "The establishment of his domicile here invested him with the national character of this country, and with that character he acquired the right to claim protection from the United States, and they had the right to extend it to him as long as that character continued. * *This right to protect persons having a domicile, though not native-born or naturalized citizens, rests on the firm foundation of justice, and the claim to be protected is earned by considerations which the protecting power is not at liberty to disregard." * 96 This case is stated quite fully in 3 Moore, §§ 490, 491. The position taken by Secretary Marcy has been regarded as carrying the right to protection farther than may be generally expedient. Secretary Olney, in a letter to the Minister of China, Mr. Denby, in 1896, said: "The somewhat extreme position taken by Mr. Marcy in the Koszta case, that the declarant is followed, during sojourn in a third country, by the protection of this government, has since been necessarily regarded as applying particularly to the peculiar circumstances in which it originated, and to relate only to the protection of such a declarant in a third country against arbitrary seizure by the government of the country of his origin." Foreign Relations U. S. 1896, p. 92. See, also, case of Burnato, 3 Moore, p. 847. The United States by law of 1907 allows the Secretary of State in his discretion to issue a passport to a person not a citizen of the United States, provided he has declared his intention to become such and has resided in the United States for three years. Such passports are not valid for more than six months, nor in the state of prior allegiance, and cannot be renewed."7 ALIENS. 48. In general, a state has the right to prohibit or condition the entrance and sojourn of aliens within its borders. (a) The right to exclude aliens was one generally recognized and observed in early times. Some states now make the entrance of any alien difficult. Other states exclude certain classes. The United States, by the treaty of November 17, 1880, excludes Chinese laborers.98 A state may also exclude 97 34 Stat. 1228 (U. S. Comp. St. Supp. 1909, p. 438). 98 22 Stat. 826. "Article I. Whenever in the opinion of the government of the United States, the coming of Chinese laborers to the United States, or their residence therein, affects or threatens to affect the interests of that country, or to endanger the good order of the said country or of any locality within the territory thereof, the government of China agrees that the government of the United States may regulate, limit, or suspend such coming or residence, but may not absolutely prohibit it. The limitation or suspension shall be reasonable and shall apply only to Chinese who may go to the United States as laborers, other classes not being included in the limitations. Legislation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regulations, limitation, or suspension of immigration, and immigrants shall not be subject to personal maltreatment or abuse. "Article II. Chinese subjects, whether proceeding to the United States as teachers, students, merchants, or from curiosity, together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities, and exceptions which are accorded to the citizens and subjects of the most favored nations." Treaty between the United States and China, November 17, 1880. See, also, Chinese Exclusion Case, 130 U. S. 581, 9 Sup. Ct. 623, 32 L. Ed. 1068; Fong Yue Ting v. United States, 149 U. S. 698, 13 Sup. Ct. 1016, 37 L. Ed. 905. certain classes by legislation. The United States has passed laws excluding anarchists and polygamists and other laws restricting immigration." 99 (b) States generally claim the right to expel aliens regarded as endangering the safety of the state. There have been many examples of such expulsion.1 In 1901 Mr. George Kennan, who had previously published criticisms upon the administration of the Siberian prisons, was expelled from Russia under the law which provides: "Foreigners who have come into Russia with passports may be expelled from the Empire only upon the decision of a court of law or by order of the higher police authorities. "Those foreigners whose behavior is suspicious and those who are not desirable as residents within the Empire may be expelled by order of the minister of the interior." Of this expulsion Mr. Kennan wrote to the American Ambassador in St. Petersburg: "A very courteous officer from the department of police called at my room this afternoon to inform me that by direction of the minister of the interior and in accordance with chapter 313 of Volume II of the laws of the Empire, I, as an 'untrustworthy' American citizen, am to be sent out of the country by the train leaving here for Germany at 10:30 tomorrow night. Meanwhile I am under close arrest in my room. "Of course, they are acting within their right, and I have no complaint whatever to make, nor do I ask interposition on the part of the embassy. I merely wish you to know why it is impossible for me to make a farewell call upon you." "2 (c) Aliens may be admitted conditionally, with the understanding that they are to have only certain privileges; e. g., the privilege of study or travel, but not the right to engage in business. (d) The state usually claims full authority over aliens as regards police, sanitary, and penal jurisdiction. This does not extend to compulsory military service for political ends, though 99 Act Feb. 20, 1907 (U. S. Comp. St. Supp. 1909, p. 447). 14 Moore, §§ 550-559. 2 Foreign Relations U. S. 1901, pp. 451, 452. |