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Subject Area: Law
Topic: The American Revolution and Constitution

§ 54.: Expatriation.— - Christopher G. Tiedeman, A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 1 [1900]

Edition used:

A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint (St. Louis: The F.H. Thomas Law Book Co., 1900). Vol. 1.

Part of: A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, 2 vols.

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§ 54.

Expatriation.—

But it has been persistently maintained by the European powers, until within the last twenty years, that the citizen cannot throw off his allegiance, and by naturalization become the citizen of another country. The older authorities have asserted the indissolubility of the allegiance of the natural-born subject to his sovereign or State. Mr. Blackstone says, “it is a principle of universal law that the natural-born subject of one prince cannot by any act of his own, no, not by swearing allegiance to another, put off or discharge his natural allegiance to the former; for this natural allegiance was intrinsic and primitive, and antecedent to the other; and cannot be divested without the concurrent act of the prince to whom it was due.”1 Although all the States of Europe have provided for the naturalization of aliens, they have uniformly denied to their own subjects the right of expatriation. But when emigration to this country became general, this right was raised to an international question of great importance, and in conformity with their own interests and their general principles of civil liberty, the United States have strongly insisted upon the natural and absolute right of expatriation. This question has been before the courts of this country,2 and at an early day the Supreme Court of the United States showed an inclination to take the European view of this right.3 But the question has been finally settled in favor of the right of expatriation, so far at least as the government of the United States is concerned, by an act of Congress in the following terms:—

“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, be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, that any declaration, instruction, opinion, order or decision of any officer of this government, which denies, restricts, impairs or questions the right of expatriation is hereby declared inconsistent with the fundamental principles of this government.”1

The United States government has actively sought the establishment of treaties with other countries, in which the absolute right of expatriation is unqualifiedly recognized; and such great success has attended these efforts, that expatriation may now be asserted to be a recognized international right, which no government can deny.2

[1]1 Bl. Com. *446.

[2]See Inglis v. Sailor’s Snug Harbor, 3 Pet. 99; Shanks v. Dupont, 3 Pet. 242; Stoughton v. Taylor, 2 Paine, 655; Jackson v. Burns, 3 Binn. 85.

[3]“In the first place, she was born under the allegiance of the British crown, and no act of the government of Great Britain has absolved her from that allegiance. Her becoming a citizen of South Carolina did not, ipso facto, work any dissolution of her original allegiance, at least so far as the rights and claims of the British crown were concerned.” Shanks v. Dupont, 3 Pet. 242. See Talbot v. Janson, 3 Dall. 133; Isaac William’s case, 2 Cranch, 82, note; Murray v. The Charming Betsey, 2 Cranch, 64; The Santissima Trinidad, 7 Wheat. 283; United States v. Gillies, 1 Pet. C. C. 159; Ainslee v. Martin, 9 Mass. 454.

[1]Act of July 27, 1868, 15 Stat. at Large, 223, 224.

[2]The United States have entered into such treaties with almost all the countries of Europe.