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At Rome none registered, and no means of knowing actual number. At Spezia, none.

At Venice in 1872, 1.

IV. The fourth inquiry refers to the number of Americans who may have been naturalized as Italians, or otherwise formally disavowed American citizenship.

No cases of this sort are reported by the consuls, but it is within my personal knowledge that in the year 1871, Guadagui Torelli, an Italian, naturalized as an American citizen and residing at Florence, formally renounced his American citizenship by a proceeding before a public judicature in conformity with the laws of Italy, and the consul at Messina reports a case of renunciation of American citizenship by a native of Messina whose naturalization was discovered to be fraudulent.

You inquire further whether any record or registration is made, or any notice filed, either at the legation or at the consulates of the United States in Italy, of the birth of children of fathers claiming to be American citizens.

It appears from the consular returns that at many of the consulates no records of the births of such children are kept. Since 1859 one such birth has been registered at the consulate in Florence; within the last twenty years four at that of Leghorn. A register is kept at Messina, and the number since 1848, as appears under III, is 20. None registered dur ing the past year at Naples. At the consulate at Rome there is a book for the purpose of recording such births, but few parents cause the births of children to be registered. At Spezzia births of children of naval officers are registered. At the consulate at Venice a book for that pur pose is kept.

I have no means for ascertaining the number of Italians and other foreigners naturalized in the United States and now residing in Italy, but though it is doubtless considerably smaller than during and soon after the rebellion, I think it must still amount to several hundred. These persons very frequently make no claim to American nationality, unless in cases of conscription, and in these, I have reason to believe, they often succeed in obtaining from the local authorities an exemption without an appeal to the national government. In fact, except in the cases where they return to their own native residence, and are recog nized by old acquaintances, they are not usually called upon to discharge civil or military obligations, and, as many of them have no visible property and no very stable residence, they escape taxation. I have known one case, and heard of others, of Italians who had never been in the United States, but had resided many years in Italy as Amer ican citizens upon no other evidence of nationality than passports issued to them by the United States consul at Rome on the surrender of that city to the French army in the invasion of 1849.

In many cases where I have been applied to by naturalized Italians for recognition as American citizens, I have found that an interval of several years elapsed between the first application to the courts and the granting of the certificate, the intermediate time having been spent in other countries or in a wandering life in the United States, and in these cases the certificate has been granted only on the eve of their departure for Europe. In most cases of applications for release from the obliga tion of military service, the applicant has either been discharged for physical disability, or, more commonly, has escaped across the frontier, and we have thus far avoided a direct collision with the Italian government on this question.

The regulation of the Department requiring the renewal of passports

every year is totally disregarded by both naturalized and native American citizens, and passports are almost never asked, except for travel. I have often strongly suspected that passports presented to me had been fraudulently obtained, but the only cases within my knowledge where positive proof of such fraud existed are those of a native of Alexandria, Egypt, residing in Italy, which was, I have understood, a subject of correspondence between the State Department and the consulategeneral at Florence, but never came before the legation officially, and a recent instance at Messina, which, I suppose, has been reported to the Department by the consul at that place.

I have, &c.,

GEORGE P. MARSH.

[Inclosure 1.-Translation.]

Mr. Peirolieri to Mr. Wurts.

ROME, September 27, 1873.

Mr. CHARGÉ D'AFFAIRES: I regret to be unable to satisfy the request made in your note of the 8th instant.

The ministry of agriculture and commerce, from which I might have been able to obtain the statistics relating to the number of Americans born and residing in Italy, has replied to me that a work of this kind would require a long time and great labor, although not impossible to accomplish. In fact the lists of the census for each district make the distinction only between persons born in Italy and those born abroad. To determine the nationality of each individual it would, therefore, be necessary to examine each list of the families when the place of birth is indicated. It is, nevertheless, the intention of the bureau of statistics to study the results of the last census also from the point of view of the nationality of the foreigners residing in the kingdom. When this work is completed-a time, however, difficult still to appoint-the Government of the United States will be able to obtain all the statistics it wishes.

Accept, &c.,

A. PEIROLIERI,
For the Minister of Foreign Affairs.

No. 870.]

No. 507.

Mr. Washburne to Mr. Fish.

LEGATION OF THE UNITED STATES,

Paris, October 20, 1873. (Received November 7.) SIR: Referring to your dispatch No. 522, of August 11, and to my No. 847 of August 30, in reply I have the honor to inclose you the advertisement of a proposed American Directory, got up by the "Amercan Register" of this city. This work will give more complete information upon the subject of the number of Americans in France than any that I can obtain from other sources, and I shall forward you a copy so soon as it shall be published, with such remarks as it may seem to call for.

In the mean time I have taken steps, by consulting the prominent American bankers here and other well-informed persons, to inform myself as well as possible upon the subject in question. It results generally from the information I have thus obtained that the number of resident Americans in France does not increase, but, on the other hand, rather diminishes; that the number of traveling Americans passing

through France increases every year, and that there have probably been 20 per cent. more of this class here this year than ever before.

As regards the number of children born in France of American parents, I have reason to believe that they are in most instances registered at the consulates. I have applied to the consul-general for information on this point, as I have already stated, and he has promised to give it to me at the earliest possible date.

In reference to American citizens registered at the "mairie," with a view to their having the option of being French citizens, I have never heard of an instance of the kind. Children born here of American parents are almost universally registered at the "mairie," because the laws of the country require it, and because it is made the duty of the attendant physician to see that it is done. Such children, I have reason to believe, do sometimes, on coming of age, select (opter) to become French citizens, but I know of but one such instance, and I am sure that they are extremely rare.

In reference to your fourth inquiry, I doubt if any American citizen has formally disowned American citizenship; at least no such case has ever come to my knowledge; and the laws requiring military ser vice in France are so onerous that I doubt if any one who is free from their operation voluntarily submits himself to them.

I shall have the honor to refer to this subject again when I shall have received a copy of the "American Directory" referred to.

I have the honor to be, sir, very respectfully, your obedient servant, E. B. WASHBURNE.

Hon. HAMILTON FISH,

Secretary of State.

[Inclosure.]

Will be published shortly,

THE AMERICAN DIRECTORY

FOR PARIS AND EUROPE.

In addition to the names and addresses of all Americans permanently residing in Paris and the differerent cities in Europe, the above work will contain many valuable docte ments and much useful information upon all subjects of interest to Americans residing or traveling on the Continent. Americans residing in remote parts of Europe are kindly requested to send their names and addresses to the offices of the “American Register," 2 rue Scribe, Paris, or 4 Langham Place, London, for insertion in the above.

No. 508.

REPORT OF A COMMISSION APPOINTED BY THE QUEEN OF GREAT BRITAIN FOR INQUIRING INTO THE LAWS OF NATURALIZATION AND ALLEGIANCE, WITH A MEMORANDUM BY MR. ABBOTT, (LORD TENTERDEN,) THE SECRETARY OF THAT COMMISSION. ALSO EXTRACTS FROM AN APPENDIX ACCOMPANYING THAT REPORT, SHOWING THE CONDITION OF THE LAWS OF VARIOUS COUNTRIES ON THESE SUBJECTS, WITH AI DITIONS, CORRECTIONS, AND AMENDMENTS THERETO, MADE UNDER THE DIRECTIONS OF THE SECRETARY OF STATE, IN ORDER TO MAKE THEM CONFORM TO EXISTING LAWS.

[N. B.—By royal commission dated May 21, 1868, the Earl of Clarendon, Mr.Cardwell, Sir Robert J. Phillimore, Baron Bramwell, Sir John Karslake, Sir Travers Twiss, Sir Roundell Palmer, Mr. Forster, Mr. Vernon Har

court, and Mr. Mountague Bernard were named commissioners to inquire into the legal condition of British subjects residing in foreign countries, and to report how and in what manner it might be expedient to alter and amend the laws of the realm relating to such subjects, their wives, children, descendants or relatives; also to inquire into and consider the legal condi tion of aliens residing within the realm and becoming naturalized, and to report how far it was expedient to alter or amend the laws relating to them or to persons claiming rights or privileges through them. Mr. Abbott (now Lord Tenterden) was the secretary of this commission. The commission made a report to the Queen on the 20th of February, 1869, with a voluminous appendix, a copy of all which was duly transmitted to the Department of State by the minister of the United States in London. The Secretary of State transmits herewith this report, with such extracts from the appendix thereto as appear to explain the laws of foreign countries on the subject of the report. Several changes are made in the matter contained in the appendix, in order to make it conform to what are understood to be existing laws. All such changes are noted. Some American correspondence is also added, which has taken place or been made public since the report was made.]

REPORT.

To the Queen's most excellent Majesty :

We, your Majesty's commissioners appointed to inquire into the laws of naturalization and allegiance, have to state that, in compliance with the terms of your Majesty's commission, we have inquired into the legal condition of natural-born British subjects who may depart from and reside beyond the realm in foreign countries, and have considered how and in what manner, having regard to the laws and practice of other states, it may be expedient to alter and amend the laws relating to such natural-born subjects, their wives, children, descendants, or relatives. We have also inquired into the legal condition of persons, being aliens, entering into or residing within the realm and becoming naturalized as subjects of the Crown, and have considered how far and in what manner it may be expedient, having regard to the laws and practice of this country, of foreign states, or otherwise, to alter or amend the laws relating to such persons, or persons claiming rights or privileges through or under them.

We have found it necessary, in order to deal satisfactorily with the matters referred to us, to enter into some others bearing closely on them but not embraced within the express terms of your Majesty's commission; and on these latter, as well as on the former, we have thought it right to submit to your Majesty the conclusions to which we have been led.

We now humbly lay before your Majesty the following report:

I.

There are two classes of persons who by our law are deemed to be natural-born British subjects:

1. Those who are such from the fact of their having been born within the dominion of the British Crown.

2. Those who, though born out of the dominion of the British Crown, are by various general acts of Parliament declared to be natural-born British subjects.

The allegiance of a natural-born British subject is regarded by the common law as indelible.

We are of opinion that this doctrine of the common law is neither reasonable nor convenient. It is at variance with those principles on which the rights and duties of a subject should be deemed to rest; it conflicts with that freedom of action which is now recognized as most conducive to the general good as well as to individual happiness and prosperity; and it is especially inconsistent with the practice of a state which allows to its subjects absolute freedom of emigration. It is inex pedient that British law should maintain in theory, or should by foreign nations be supposed to maintain in practice, any obligations which it cannot enforce and ought not to enforce if it could; and it is unfit that a country should remain subject to claims for protection on the part of persons who, so far as in them lies, have severed their connection with it.

We accordingly submit to your Majesty the following recommenda tions for an amendment of the law in this respect.

1. Any British subject who, being resident in a foreign country, shall be naturalized therein and shall undertake, according to its laws, the duty of allegiance to the foreign state as a subject or citizen thereof, should upon such naturalization cease to be a British subject.

2. The principle of this rule should be applied to a woman who, being a British subject, shall become by marriage with an alien the subject or citizen of a foreign state.

3. The wife of a British subject who shall become naturalized abroad, and his children, if under the age of 21 years at the date of his naturalization, should likewise cease to be British subjects from that date; but this rule should not include a wife or child who has not emigrated to the country of naturalization, nor should it operate unless, according to the local law, the naturalization of the husband or father has naturalized also the wife or child.

4. Naturalization in a foreign country, though operating from the time of its completion as an extinguishment of the original citizenship, should not carry with it discharge from responsibility for acts done before the new allegiance was acquired.

Provision should be made for applying the same principles to the case of British subjects who have become so by naturalization.

We have considered the question whether the acquisition of a foreign domicile, or a certain length of residence abroad, should divest a person of British nationality. We have not been able to satisfy ourselves that either continued residence or domicile could be practically adopted as a rule to determine the allegiance of the subject, having regard to the difficulties which attend the definition of domicile and proof of the fact, and also to the great diversity of circumstances under which men reside in foreign countries.

II.

It is expedient that the foregoing recommendations should be applied to British subjects already naturalized in foreign countries, as well as to those who may hereafter become so. A certain period, however, not less than two years, should be allowed, within which any person already so naturalized (that is, before the proposed alteration of the law is made) might declare his desire to remain a British subject. The mode in which this should be done might be settled reciprocally by treaty or otherwise with such foreign governments as are willing to permit it to operate as

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