Mr. Johnson to Mr. Seward
No. 30.]
Legation of the United States,
London,
October 9, 1868.
Sir: I have the honor to inclose you a protocol
on the naturalization question, signed by Lord Stanley and myself on
this day. I hope you will concur with me in thinking that it maintains
the American doctrine on the subject in very clear and explicit terms.
The first article admits the right of expatriation, and of obtaining
absolute citizenship in another country, if the laws of such country
admit of it. A native subject of Great Britain, therefore, who has
already become, or may hereafter become, under our laws, a naturalized
citizen of the United States, ceases to hold any allegiance whatever to
Great Britain; and as you will perceive by the two terms which, at my
instance, were inserted in that article, should he be again within the
dominions of Great Britain, that government will be bound to consider
him as “in all respects and for all purposes” a
citizen of the United States. This, of course, in future trials in the
British courts would entitle him to a jury de
mediataie linguœ, as long as a foreign citizen by the English
law is secured that privilege.
The second article is designed to give, and does give, the right to a
naturalized citizen to renounce his acquired and resume his native
nationality. The manner of doing and declaring this is to be the subject
of future arrangement. This article embraces only the naturalized
citizens who think proper to remain within the country in which they
were naturalized.
The third article covers the cases of those who remove from the country
of their naturalization to that of their nativity. In such cases the
latter government may, upon such terms as they shall think proper,
readmit them to their native citizenship upon their application.
The fourth article is rendered necessary by the laws of England, as
construed by the law officers of the Grown, and I have no doubt that
that construction is a correct one. I have not made the article
reciprocal, because no such difficulty exists with us.
This impediment, however, to a full treaty on the subject, to go into
operation at once, I have every assurance will at the earliest moment be
removed. This assurance I not only have from members of the present
government, including Lord Stanley, but from what is known to be the
desire of those who may possibly succeed them by the result of the
coming elections.
Being now convinced that the above matter will be soon satisfactorily
adjusted, I shall, under the authority given me by your dispatch No. 20,
of the 23d of September, proceed to negotiate on the San Juan and Claims
questions, subject, of course, to the restrictions that they are not to
be finally settled until the question of naturalization is ultimately
concluded. For that purpose I am to have an interview with Lord Stanley
on Friday, the 16th instant, when we are to consider the San Juan
affair.
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I continue to keep in view the cases of Warren and Costello, and have
reason to believe that they and several of the other prisoners will be
released at a comparatively early day.
Trusting that what I have so far done will be approved by the President
and yourself,
I remain, with high regard, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.
Protocol showing the principles agreed upon by
the United States and British governments on the question of
naturalization.
The undersigned, Reverdy Johnson, esquire, envoy extraordinary and
minister plenipotentiary from the United States of America, and
Edward Henry, Lord Stanley, of Bickerstaffe, her Britannic Majesty’s
principal secretary of state for foreign affairs, being respectively
authorized and empowered to place on record the desire of the
President of the United States of America, and of her Majesty the
Queen of the United Kingdom of Great Britain and Ireland, to
regulate the citizenship of the citizens of the United States of
America who have emigrated or who may emigrate from the United
States of America to the British dominions, and of British subjects
who have emigrated or who may emigrate from the British dominions to
the United States of America, have agreed upon the following
protocol:
I.
Such citizens as aforesaid of the United States who have become or
shall become and are naturalized according to law within the British
dominions as British subjects, shall, subject to the provisions of
articles II and IV, be held by the United States to be, in all
respects and for all purposes, British subjects, and shall be
treated as such by the United States. Reciprocally, such British
subjects as aforesaid who have become or shall become and are
naturalized according to law within the United States of America as
citizens thereof, shall, subject to the provisions of articles II
and IV, be held by Great Britain to be, in all respects and for all
purposes, American citizens, and shall be treated as such by Great
Britain.
II.
Such United States citizens as aforesaid who have become and are
naturalized within the British dominions as British subjects, and
such British subjects as aforesaid who have become and are
naturalized as citizens within the United States, shall be at
liberty to renounce their naturalization, and to resume their
respective nationalities, provided that such renunciation be
publicly declared within two years after this protocol shall have
been carried into effect, as provided by article IV. The manner in
which this renunciation may be made and publicly declared shall be
hereafter agreed upon by the respective governments.
III.
If such American citizen as aforesaid; naturalized within the British
dominions, should renew his residence in the United States, the
United States government may, on his own application, and on such
conditions as that government may think fit to impose, readmit him
to the character and privileges of an American citizen, and Great
Britain shall not, in that case, claim him as a British subject on
account of his former naturalization.
In the same manner, if such British subject as aforesaid, naturalized
in the United States, should renew his residence within the British
dominions, the British government may, on his own application, and
on such conditions as that government may think fit to impose,
readmit him to the character and privileges of a British subject,
and the United States shall not, in that case, claim him as a
citizen of the United States on account of his former
naturalization.
IV.
As it will not be practicable for Great Britain to carry into
operation the principles laid down in this protocol until provision
has been made by the imperial Parliament
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for such a revision of the existing laws as
the adoption of those principles involves, it is agreed that this
protocol shall not take effect until such legislation can be
accomplished.
The British government will introduce measures into Parliament for
this purpose as speedily as may be possible, having regard to the
variety of public and private interests which may be affected by a
change in the laws of naturalization and allegiance now under the
consideration of the royal commission, whose report is expected
shortly to be made.
The same provision not being necessary by the Constitution and laws
of the United States, this article is not made reciprocal.
Done at
London, the 9th of October,
1868.
REVERDY JOHNSON.
