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United States Department of State / Index to the executive documents of the House of Representatives for the second session of the fiftieth Congress, 1888-'90
(1888-1889)

Circulars,   pp. 1648-1666 PDF (8.7 MB)


Page 1648


                               CIRCULARS.
                                   No. 1127.
                                      DEPARTMENT OF STATE,
                                              Washington,           .-, 18-.
TO
   SIR: In reply to your letter of                ,relating to the return
of
naturalized citizens of the United States to their native country, I send
you the following circular, which contains all the information the De-
partment is competent to give in regard to the subject of your inquiry.
       I awm, sir, your obedient servant,
                                    [Cirnular.]-
                          Citizenship and naturalization.
  Treaties regulating the rights of persons who have emigrated from the territory
of
one of the contracting parties and have been naturalized in that of the other
party
have been concluded between the United States and the following powers: Austria-
Hungary, Baden, Bavaria, Belgium, Denmark, Ecuador, Great Britain, Hesse
Darmi
stadt, the North German Union, Sweden and Norway, and Wurtemburg.
' The treaties with Austria-Hungary, Baden, Bavaria, Hesse Darmstadt, the
North
German Union, and Wurtemberg provide that citizens or subjects of these powers
who have become naturalized citizens of the United States, and have resided
therein
"uninterruptedly" for five years, shall be held to be citizens
of the United States,
and shall be treated as such. The treaty with Sweden and Norway provides
for sim-
ilar treatment of subjects who have resided in the United States "for
a continuous
period of at least five years, and during such residence have become naturalized
citi-
zens of the United States."
  The treaties with Belgium, Denmark, Ecuador, and Great Britain recognize
citizen-
ship whenever acquired under our laws.
  The exceptions to the requisition of five years' residence under our statutes
are:
  1. Soldiers who have been honorably discharged from the armies of the United
States. Such persons, being of the age of twenty-one years and upwards, may
be
naturalized without any previous declaration of intention to become citizens,
and
without being required to prove more than one year's residence in the United
States
previous to their application (see section 21 of act of Congress of July
17, 1862, 12
Statutes at Large, p. 597). An erroneous notion has to some extent prevailed
that
the mere facts of service and discharge are equivalent to naturalization,
whereas they
are only part of the evidence on which naturalization may be granted.
  2. Seamen who have declared their intention to become citizens, and who,
sub-
sequently to such declaration, have served three years on board of a merchant
vessel
of the United States, may be admitted-to citizenship.
   "And every seaman * * * shall, after his declaration of intention
to become a
citizen,         ' * and after he shall have served such three years, be
deemed a cit-
izen of the United States for the purpose of manning and serving on board
any mer-
chant vessel of the United States * * * ; but such seaman shall, for all
purposes of
protection as an American citizen, be deemed such after the filing of his
declaration
of intention." * * * (Act of June 7, 1872; Rev. Stats., sec. 2174.)
  3. The children of persons duly naturalized, being under twenty-one years
of age at
  the time of their parents being so naturalized, are, if dwelling within
the United
States, considered ascitizens. (Act of April 14, 1802; Rev. Sttts., sec,
217ý.)


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