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Marie Elizabeth Elg v. Frances Perkins, Secretary of Labor, et al.*
Published online by Cambridge University Press: 12 April 2017
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- Type
- Judicial Decisions
- Information
- Copyright
- Copyright © by the American Society of International Law 1939
Footnotes
*
307 U. S. 325.
References
1 Oppenheim’s International Law, Vol. I, Sec. 308; Moore, , International Law Digest, Vol. III, p. 518 Google Scholar; Hyde, , International Law, Vol. I, Sec. 372 Google Scholar; Flournoy, “Dual Nationality and Election,” 30 Yale Law Journal, 546; Borchard, Diplomatic Protection of Citizens Abroad, Sec. 253; Dyne, Van, Citizenship of the United States, p. 25 Google Scholar; Fenwick, , International Law, p. 165 Google Scholar.
2 Hyde, op. cit., Secs. 374, 375; Borchard, op. cit., Sec. 259; Dyne, Van, op cit., pp. 25–31 Google Scholar; Moore, , Int. Law Dig., Vol. III, pp. 532–551 Google Scholar.
3 Moore, , Int. Law Dig., Vol. III, p. 543 Google Scholar.
4 Moore, , Int. Law Dig., Vol. III, p. 544 Google Scholar.
5 Foreign Relations, 1888, Pt. 2, p. 1341. See also, Mr. Bayard, Secretary of State to Mr. McLane (1888), to Count Sponneck, Danish Minister (1888); Moore, , Int. Law Dig., Vol. III, p. 548 Google Scholar; Mr. Olney, Secretary of State, to Mr. Materne, 1896; Moore, , Int. Law Dig., Vol. III, p. 542 Google Scholar; United States ex rel. Schimeca v. Husband, 6 F. (2d) 957, 958.
6 Foreign Relations, 1906, p. 657. See also, Compilation of Certain Departmental Circulars relating to citizenship, etc., issued by Department of State, 1925, containing instructions to Diplomatic and Consular Officers under date of November 24, 1923, pp. 118, 121, 122; United States ex rel. Baglivo v. Day, 28 F. (2d) 44.
7 See also, Mr. Uhl, Acting Secretary of State, to Mr. Rudolph, May 22,1895, 202 MS. Dom. Let. 298; Moore, , Int. Law Dig., Vol. III, p. 534 Google Scholar.
8 15 Stat. 223.
9 Dyne, Van, op. cit., p. 269 Google Scholar; Borchard, op. cit., Sec. 315; Hyde, op. cit., Sec. 376.
10 17 Stat. 809.
11 North German Confederation, 1868,15 Stat. 615; Bavaria, 1868,15 Stat. 661; Baden, 1868, 16 Stat. 731; Wiirttemberg, 1868, 16 Stat. 735; Hesse, 1868, 16 Stat. 743; Belgium, 1868, 16 Stat. 747; Great Britain, 1870, 16 Stat. 775; Austria-Hungary, 1870, 17 Stat. 833; Denmark, 1872, 17 Stat. 941. See Flournoy and Hudson, Nationality Laws, pp. 661-673; Moore, , Int. Law Dig., Vol., III, p. 358 Google Scholar.
12 The treaty provides:
“The President of the United States of America and His Majesty the King of Sweden and Norway, led by the wish to regulate the citizenship of those persons who emigrate from the United States of America to Sweden and Norway and their dependencies and territories, and from Sweden and Norway to the United States of America, have resolved to treat on this subject, and have for that purpose appointed plenipotentiaries to conclude a convention, … who have agreed to and signed the following articles:
“Article I. Citizens of the United States of America who have resided in Sweden or Norway for a continuous period of at least five years, and during such residence have become and are lawfully recognized as citizens of Sweden or Norway, shall be held by the government of the United States to be Swedish or Norwegian citizens, and shall be treated as such.
“Reciprocally, citizens of Sweden or Norway who have resided'in the United States of America for a continuous period of at least five years, and during such residence have become naturalized citizens of the United States, shall be held by the government of Sweden and Norway to be American citizens, and shall be treated as such.
“The declaration of an intention to become a citizen of one or the other country has not for either party the effect of citizenship legally acquired.
“Article III If a citizen of the one party, who has become a recognized citizen of the other party, takes up his abode once more in his original country and applies to be restored to his former citizenship, the government of the last-named country is authorized to receive him again as a citizen on such conditions as the said government may think proper.”
The protocol containing “the following observations, more exactly defining and explaining the contents” of the convention provides:
“I. Relating to the first article of the convention.
“It is understood that if a citizen of the United States of America has been discharged from his American citizenship, or, on the other side, if a Swede or a Norwegian has been discharged from his Swedish or Norwegian citizenship, in the manner legally prescribed by the government of his original country, and then in the other country in a rightful and perfectly valid manner acquires citizenship, then an additional five years’ residence shall no longer be required; but a person who has in that manner been recognized as a citizen of the other country shall, from the moment thereof, be held and treated as a Swedish or Norwegian citizen, and, reciprocally, as a citizen of the United States.
“III. Relating to the third article of the convention.
“It is further agreed that if a Swede or Norwegian, who has become a naturalized citizen of the United States, renews his residence in Sweden or Norway without the intent to return to America, he shaU be held by the government of the United States to have renounced his American citizenship.
“The intent not to return to America may be held to exist when the person so naturalized resides more than two years in Sweden or Norway.”
13 Compare Secretary Hay to Mr. Harris, Foreign Relations, 1900, p. 13.
14 While the nationality law of Sweden is not to be regarded as controlling unless the treaty makes it so—which we have found is not the case—it may be observed that it is not clear that the law of Sweden would operate so as to preclude recognition that respondent is a citizen of the United States. See the Swedish law of 7 May, 1909, Art. 8. That, however, is a question of foreign law which we find it unnecessary to attempt to determine.
15 See Note 11.
16 15 Stat. 615. See Terlinden v. Ames, 184 U. S. 270, 283, 284.
17 15 Op. Attys. Genl. 15, 17, 18.
18 Moore, , Int. Law Dig., Vol. III, p. 543 Google Scholar.
19 17 Stat. 941.
20 Moore, , Int. Law Dig., Vol. III, p. 544 Google Scholar.
21 Mr. Wharton, Acting Secretary of State, to Count Sponneck, Danish Minister (1890); Moore, Int. Law Dig., p. 715.
22 Secretary Sherman to Mr. Grip, Swedish Minister, June 15,1897; Moore, , Int. Law Dig., Vol. III, p. 472 Google Scholar; 8 MS., Notes to Sweden, 58.
23 Foreign Relations, 1906, p. 657.
24 34 Stat. 1228; 8 U. S. C. 17.
25 Sections 5 and 6 of this statute should also be noted as they contain provisions applicable to minor children. They are as follows:
“Sec. 5. That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the parent: Provided, That such naturalization or resumption takes place during the minority of such child: And provided further, That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States.
“Sec. 6. That all children bom 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.”
26 See Note 25.
27 17 Compilation of Certain Departmental Circulars relating to citizenship, etc., issued by Department of State, 1925, containing instructions to diplomatic and consular officers under date of November 24, 1923, pp. 118, 121, 122.
28 That there had been a change is frankly stated in the communication (a copy of which is annexed to the complaint) addressed by the American Consul at Goteborg, Sweden, to the respondent’s father under date of October 29, 1935.
29 36 Op. Attys. Genl., p. 535.
30 Cited as of June 14, 1871, the date of the exchange of ratifications.
31 The same may be said of the opinion of the Circuit Court of Appeals of the Ninth Circuit in United States v. Reid, 73 F. (2d) 153 (certiorari denied upon the ground that the application was not made within the time provided by law, 299 U. S. 544), so far as it is urged by petitioners as applicable to the facts of the instant case.
32 Act of July 13,1937, 50 Stat., Pt. 2, p. 1030; Act of June 25,1938 (Private No. 751, 75th Cong., 3d Sess.).