711.004/9
The Secretary of State to the Honorable Stephen G. Porter45
My Dear Mr. Porter: I have received your letter of February 2346 enclosing a copy of H. J. Res. 195, introduced by Mr. Kelly on February [Page 495] 7, and asking for a report or recommendation of the Department concerning the same. The Resolution in question provides as follows:
“That the President be, and he is hereby, authorized and requested to at once begin negotiations looking to agreements and treaties with the other nations that persons born in the United States of foreign parentage, and naturalized American citizens of foreign birth, who have possessed certificates of citizenship for more than five years, shall not be held liable for military service or any other act of allegiance during a stay not exceeding one year in duration in the territory subject to the jurisdiction of such nations.”
It seems desirable to consider separately the cases of persons of foreign birth who have acquired citizenship of the United States through naturalization and persons who are born in the United States of alien parents and who claim citizenship of the United States under the provision of the Fourteenth Amendment to the Constitution.
As to the cases of naturalized citizens attention is called to the fact that there are at present valid treaties of naturalization between the United States and certain foreign countries, under which the latter have agreed to recognize the American nationality of their former nationals who have obtained naturalization in this country. Under the provisions of these treaties it is possible for naturalized American citizens to visit their countries temporarily without molestation, although they may be punished for offenses committed before their emigration. Most of these treaties, however, contain provisions to the effect that, if a naturalized citizen resumes residence of a permanent character in the country of his origin, he shall be deemed to have abandoned his naturalization.
The countries with which the United States has treaties of naturalization are as follows: Belgium, Denmark, Great Britain, Sweden, Norway, Haiti, Portugal, Honduras, Peru, Salvador, Uruguay, Nicaragua, Costa Rica, Brazil and Bulgaria. The United States is also a party to the Pan American Convention of 1906 concerning the status of naturalized citizens who again take up their residence in the country of their origin,47 which has also been adhered to by Ecuador, Paraguay, Colombia, Honduras, Panama, Peru, Salvador, Costa Rica, Mexico, Guatemala, Uruguay, the Argentine Republic, Nicaragua, Brazil and Chile. This Convention is similar in substance to the provisions contained in the naturalization treaties mentioned above concerning the status of naturalized citizens who resume residence of a permanent character in the countries of their origin. The United States formerly had treaties of naturalization with the German States and Austria-Hungary, which treaties were terminated as a result of the World War. However, the United States, under provisions in the Treaties of Peace with Germany, Austria and Hungary, is entitled to the advantage of [Page 496] the provisions contained in the Treaties of Versailles, St. Germain and Trianon, under which Germany, Austria and Hungary agreed to recognize the naturalization of their former nationals under the laws of the Allied and Associated Powers.
Since the close of the World War the Government of the United States has endeavored to conclude naturalization treaties with a number of European countries, but so far has succeeded in concluding such a treaty only with Bulgaria.48 Efforts in this direction will be continued. As the principal complaints on account of impressment into the military service of foreign countries in cases of persons naturalized in this country have been received from persons of Italian and French origin, special efforts have been made to procure naturalization treaties with Italy and France.
It is the opinion of this Department that it would not be advisable to enter into agreements of the kind proposed in the Resolution concerning naturalized citizens, since an agreement to the effect that such persons might visit their countries of origin for a period of one year without molestation under the military service laws would seem to carry an inference that they could properly be regarded as having retained their original allegiance and that they could be compelled to perform military service after a stay of more than one year in their countries of origin. This would seem contrary to the principle of the right of expatriation as declared by Congress in the Joint Resolution of July 27, 1868, and subsequently embodied in Sections 2000–2001, inclusive, of the Revised Statutes.
As to the provision in the Joint Resolution concerning persons born in the United States of foreign parentage, it may be observed that, while such persons are citizens of the United States under the provision of the Fourteenth Amendment to the Constitution, they may also be regarded as citizens of the countries of their parents’ nationality under the laws thereof, thus having dual nationality. It is obvious that the United States is not in a position to deny the right of the foreign countries concerned to claim such persons as their nationals, in view of the fact that persons born abroad of American fathers may be claimed by this country as American nationals under the provision of Section 1993 of the Revised Statutes.
The Department’s attention is daily called to numbers of cases in which persons born in the United States of foreign parentage are impressed into the military service of the countries of their parents’ nationality. The greatest number of cases of this kind are those of persons of Italian parentage, although many cases of the same kind relate to persons of Polish, Czechoslovak, Greek, Portuguese, French, Turkish and Yugoslav parentage. It has been estimated that between three and four thousand cases of the kind mentioned are [Page 497] brought to the attention of the Department each year, of which over one-half are cases of persons of Italian parentage.
It is important to observe, however, that most of the persons concerned were taken during childhood to the countries of their parents’ nationality and have remained there ever since, although the Department’s attention is called to numbers of cases in which persons born in the United States of foreign parentage are compelled to perform military service in foreign countries while upon temporary visits thereto, although they have maintained their residence in the United States. It appears to be cases of the latter kind that are contemplated by the Joint Resolution. It is believed that the desideratum in this matter would be the conclusion of international agreements, supplemented by such legislation as might be necessary, under which the anomalous condition of dual nationality would be definitely terminated, under certain specified conditions, when the persons concerned reach the age of majority or shortly thereafter. In this relation attention is called to Section 8 of H. R. 168, introduced by you on December 5, 1927. However, there would seem to be no objection to the conclusion, if feasible, of agreements such as those contemplated by the Joint Resolution, to be applicable to persons who still retain dual nationality.
As of possible interest in connection with the consideration of the Joint Resolution there are enclosed herewith a “Notice to Bearers of Passports,” Sections III and IV of which relate to the status of naturalized American citizens; a copy of a letter of June 19 [9?], 1915, to the late Senator Henry Cabot Lodge,49 relating to the status of persons born in the United States of alien parents and of foreign born persons naturalized in this country, and a copy of a letter of August 18, 1915, to Messrs. Hubbard and Hubbard of Wheeling, West Virginia,50 concerning the liability for military service in Italy of Italians in this country who have obtained or intend to obtain naturalization.
I am [etc.]
- Chairman of the Committee on Immigration and Naturalization of the House of Representatives.↩
- Not printed.↩
- Signed at Rio de Janeiro, Aug. 13, 1906; Foreign Relations, 1913, p. 1352.↩
- Treaty of Nov. 23, 1923; Foreign Relations, 1923, vol. i, p. 464.↩
- Foreign Relations, 1915, p. 559.↩
- Not printed.↩