abroad, provided those children have not elsewhere established a legal domicile with the consent of their parents. In other words, the dominion of a territory carries 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 inhabitants 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. Fœlix, 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 services 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 thousand 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 Granada, 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. Rotterdam, two thousand dollars; Amsterdam, one thousand dollars. Prussia. 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 dollars; 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, (P. R.) two thousand dollars; Trinidad de Cuba, three thousand dollars; Ponce, (P. R.) fifteen hundred dollars; Havana, six thousand dollars. Portugal. Lisbon, fifteen hundred dollars; Funchal, fifteen hundred dollars. Belgium.- Antwerp, two thousand five hundred dollars. Russia. - St. Petersburg, two thousand five hundred dollars. St. Thomas, four thousand dollars; Elsineur, fifteen hundred Austria. Trieste, two thousand dollars; Vienna, one thousand dollars. Bavaria.Munich, one thousand dollars. Hanseatic and Free Cities. - Bremen, two thousand dollars; Hamburgh, two thousand dollars. Frankfort-on-the-Maine - Including the Grand Duchy of Hesse-Darmstadt, the Electorate of Hesse-Cassel, the Duchy of Nassau, and the Landgraviate of HesseHombourg, two thousand dollars. Wurtemburg. Stuttgardt, one thousand dollars. Baden. - Carlsrue, one thousand dollars. - Switzerland. Basle, fifteen hundred dollars; Zurich, fifteen hundred dollars Geneva, fifteen hundred dollars. Sardinia. Genoa, one thousand five hundred dollars. Tuscany. - Leghorn, fifteen hundred dollars. Kingdom of the Two Sicilies. Naples, fifteen hundred dollars; Palermo, fifteen hundred dollars; Messina, one thousand dollars. Turkish Dominions. Constantinople, two thousand five hundred dollars; Smyrna, two thousand dollars; Beirut, two thousand dollars; Jerusalem, one thousand dollars; Alexandria, three thousand five hundred dollars. Barbary States. Tangiers, two thousand five hundred dollars; Tripoli, two thousand five hundred dollars; Tunis, two thousand five hundred dollars. China. Canton, three thousand dollars; Shanghai, three thousand dollars; Amoy, twenty-five hundred dollars; Fouchow, two thousand five hundred dollars; Ningpo, two thousand five hundred dollars. dollars; Hakodadi, Honolulu, four thousand dollars. dollars. Hayti. Port-au-Prince, two thousand dollars; City of St. Domingo, fifteen hundred dollars. - Mexico. Vera Cruz, three thousand five hundred dollars; Acapulco, two thousand dollars. Central America. — San Juan del Norte, two thousand dollars; San Juan del Sur, two thousand dollars. New Granada. Panama, three thousand five hundred dollars; Aspinwall, two thousand five hundred dollars. Venezuela. — Laguayra, fifteen hundred dollars. 1 An appropriation has been made for the salary, at the rate of five thousand dollars per annum, of a Consul-General to Japan, to reside at Simoda. |