icile having been registered with the ministry of the interior, as required by the police regulations from all residents.

Debate in Corps Legislatif on the army bill, December, 1867.

In the recent discussion on the law for the reorganization of the army, M. des Rotours proposed the following amendment to the first clause of the bill: "Persons born in France of foreign parents, and having had their residence there, will be subjected to the recruiting law in the year following that of their majority. "Those among them who wish to preserve their character of foreigners will make declaration thereof, and shall be admitted into the foreign legion."

Maréchal Niel, the minister of war, spoke in favor of the principle of this amendment, and stated that the conscription ought at all events to be extended to the sons born in France of aliens themselves born in France, and who, by the law of 1851, were declared to be Frenchmen, unless they selected the nationality of their fathers on attaining their majority.

Objection was, however, taken to making such an alteration in the laws affecting the nationality of aliens by means of a clause introduced into an army bill; and, on M. Baroche, minister of justice, undertaking that the matter should receive the careful attention of the government, M. des Rotours withdrew his amendment.

Number of English subjects who, from 1851 to 1861, obtained authority to establish their domicile in France, and of those who, during the same period, were naturalized as Frenchmen.

(For further information respecting French naturalization, see Felix, "Droit International Privé," already cited, and Revue de Droit Français et Etrangers," par MM. Felix Duvergier, &c., vol. xii., p. 321; Article, "De la Naturalisation collective et de la perte collective de la qualité de Français," par M. Felix, and vol. x, p. 446; "Des Effets de la Naturalisation," par M. Fœlix; and "Dictionnaire de Droit," par M. Dalloz, "Naturalisation.")

PRUSSIA.

NATURALIZATION OF ALIENS IN PRUSSIA.

[Translation.]

In Prussia the foreigner acquires the right of citizenship by his nomination to a public office. Thus the law of the 31st of December, 1842, gives to the superior administrative authorities (régences) the power to accord naturalization to a foreigner who justifies it by good conduct and the means of livelihood. The law excepts only Jews, the subject of a state forming part of the Germanic Confederation, minors and other persons incapable of acting for themselves; with respect to the latter it contains special provisions. An alien woman acquires the right of a Prussian subject by her marriage with a Prussian.

Provision was made by the constitution of the Germanic Confederation for the reciprocal admission of the subjects of one state to the privileges of citizenship in the other

states.

EXPATRIATION.

Extract from the laws of Prussia, of December 31, 1842, concerning the loss of the quality of a Prussian subject.

§ 15. The quality of a Prussian subject is lost

1. By discharge upon the subject's request.

2. By sentence of the competent authority.

3. By living ten years in a foreign country.

4. By the marriage of a female Prussian subject with a foreigner.

§ 16. The discharge has to be asked for from the police authority of the province in which the subject's domicile is situated, and is effected by a document made out by the same authority.

§ 17. The discharge cannot be granted

1. To male subjects who are between seventeen and twenty-five years of age, until they have got a certificate of the military commission of recruitment of their district, proving that their application for discharge is not made merely to avoid the fulfilling of their military duty in the standing army.

2. To actual soldiers, belonging either to the standing army or to the reserve; to officers of the militia and to public functionaries, before their being discharged from service.

3. To subjects having formerly served as officers in the standing army or the militia, or having been appointed military employés, with the rank of officers, or civil functionaries, before they have got the consent of their former chief.

4. To the persons belonging to the militia, not being officers, after their having been convoked for actual service.

§ 18. To subjects wishing to emigrate into a state of the German Confederacy, the discharge may be refused if they cannot prove that the said state is willing to receive them. (See act of the German Confederation, art. 18, No. 2, lit. A.)

§ 19. For other reasons than those specified in §§ 17 and 18, the discharge cannot be refused in time of peace. For the time of war, special regulations will be made. § 20. The document of discharge effects, at the moment of its delivery, the loss of the quality as Prussian subject.

§ 21. If there is no special exception, the discharge comprehends also the wife and the minor children that are still under their father's authority.

§ 22. Subjects living in a foreign country may lose their quality as Prussians by a declaration of the police authority of Prussia, if they do not obey, within the time fixed to them, the express summons for returning to their country.

§ 23. Subjects who either

1. Leave our states without permission, and do not return within ten years, or2. Leave our states with permission, but do not return within ten years after the expiration of the term granted by the said permission, lose their quality as Prussian subjects.

§ 24. Entering into public service in a foreign state. The entering of a subject into public service in a his discharge (see § 20) has been granted to him. permitted to do so without restriction.

25. A subject who

foreign state is allowed only after Anybody who has obtained it is

1. Either takes public service in a foreign state with our immediate permission2. Or is appointed in our states by a foreign power, in' an office established with our permission, as, for instance, that of consul, commercial agent, &c., remaining in his quality as a Prussian.

§ 26. General disposition.

Subjects who emigrate without having obtained their discharge, or violate, by their entering into public service in a foreign state, the disposition of § 24, are to be punished according to the laws existing in that respect.

Given under our hand and seal, Berlin, this 31st of December, 1842. [L. S.]

FREDERICK WILLIAM.

Extract from the Constitution of Prussia, 1850.

TIT. I. Rights of the Prussians.

ART. 1. The right to emigrate cannot be restricted by the state, except with respect to the duty of military service.

See also a memorandum furnished to the United States minister at Berlin by the Prussian government in 1859. (Appendix G.)

AUSTRIA.

NATURALIZATION OF ALIENS.

In Austria an alien acquires the rights of citizenship by being named a public functionary. The government can also confer those rights upon an alien who has been previously authorized to exercise a profession after ten years' residence.

No one can exercise any profession in Austria without the permission of the authorities.

Mere admission into the military service does not give the right of naturalization. The wife of an Austrian becomes an Austrian subject by her marriage.

EXPATRIATION.

Emigration is not permitted without the consent of the proper authorities; but the emigrant who has obtained permission and who quits the empire sine animo revertendi forfeits his privileges as an Austrian subject.

For a fuller account of the Austrian laws, see the report by the counsel of the Vienna embassy. (Addenda H.)

BAVARIA.

NATURALIZATION OF ALIENS,

Naturalization is acquired

1. By the marriage of a foreign woman with a Bavarian ;*

2. By domicile, on affording proof of having been liberated from personal allegiance to a foreign state ;3

3. By royal decree, under the supervision of the council of state.

EXPATRIATION.

By naturalization in a foreign country without having previously obtained authorization from the King;

By emigration;

By the marriage of a Bavarian woman with an alien.

WÜRTEMBERG.

NATURALIZATION.

An alien must belong to a commune in order to have the rights of citizenship, unless he has been named to some public employment.

EXPATRIATION.

The rights of citizenship are lost by emigration under the authority of government and by accepting foreign service.

NETHERLANDS.

The power of conferring naturalization rests with the King. (Articles 9 and 10 of he constitution of 1815.5)

Felix, vol. i, p. 98. 2 Fœlix, vol. i, p. 99. Sir R. Phillimore, vol. 1, p. 352. Fælix, vol. 1, p. 99. Ibid., p. 100.

RUSSIA.

An alien becomes naturalized by taking an oath of fidelity to the Emperor; but he can, if he wishes it, renounce his naturalization and return to his native country.1

Naturalization law of the 6th of March, 1864.2

A.-1. A foreigner must be domiciled in the empire before he can be admitted as a Russian subject.3

2. A foreigner wishing to become domiciled in Russia must inform the governor of the province in which he wishes to reside of his desire to do so, explaining the nature of his occupation in his own country, and the pursuits he purposes to follow in Russia. On the receipt of such declaration the petitioner is considered to be domiciled in Russia, but will nevertheless be accounted a foreigner until he shall have taken the oath of allegiance.

3. Foreigners already resident in Russia, distinguished in art, trade, commerce, or in any other pursuit, may prove their domiciliation by other means than those specified in § 2. 4. A foreigner, after being domiciled five years in Russia, may apply to be admitted to Russian allegiance.

5. Foreign married women cannot become Russian subjects without their husbands. 6. The allegiance, when sworn to, is merely personal, and does not affect children, whether of age or minors, previously born. Those born after the adoption of Russian nationality are acknowledged as Russians.

7. Specifies rule to be observed in petitioning the minister of the interior to be admitted to Russian allegiance, (documents and declaration required, &c.)

8. It is optional with the minister to grant the above petition or not.

9. An oath to be taken.

10. Mode of taking oath.

11. In special cases, the period requisite to constitute a domicile may be shortened. 12. Children of foreigners not Russian subjects, born and educated in Russia, or, if born abroad, yet who have completed their education in a Russian upper or middle school, will be admitted to Russian allegiance, should they desire to do so, a year after they shall have attained their majority.

13. The children of foreigners wishing to become Russian subjects will be admitted on the same terms as their parents.

14. Foreigners in the Russian military or civil service, or ecclesiastics of foreign persuasions, will be admitted to Russian allegiance without period of domicile.

15. A Russian subject marrying a foreign husband, and therefore considered a foreigner, may, on the death of her husband, or in case of her divorce, return to her former allegiance.

16. The children in the above case are treated as in § 12.

17. Foreign women marrying Russian subjects, and the wives of foreigners who have become Russian subjects, are admitted as Russian subjects without taking oath of allegiance. Widows and divorced wives retain the nationality of their husbands.

18. Special enactments relative to colonists, foreign agricultural laborers, Bulgarians, &c., remain in full force.

19. Foreigners admitted to Russian nationality are placed, in respect to their rights and obligations, on a perfect equality with born Russians.

20. Provides for the speedy transaction of business in connection with the adoption of Russian nationality.

B.-Transitional measures.

1. Foreigners who shall have already adopted Russian nationality may return at any time to their former nationality, on payment of all claims against them, whether government or private.

2. Those who throw off their Russian allegiance may either quit the country or remain in Russia, enjoying equal rights with other foreigners. They must provide themselves with national passports within a year, if resident in European Russia or belonging to a country in Europe, or within two years, if residing in Siberia, or having to obtain such passports in any other quarter of the globe. On the lapse of those dates, without production of passport, the foreigner must either leave the country or resume his Russian nationality.

3. Exceptions in cases of deserters and Asiatics.

Felix, vol. 1. p. 100. For a full translation of this law, see the "Journal de St. Pétersbourg," in closed in Lord Napier's No. 207, April 13, 1864. Lord Napier, No. 186; March 30, 1864.

4. Annuls all enactments compelling Russian women married to foreigners to sell their immovable property in Russia, with the exception of certain kinds of property which, as foreigners, they still have no right to possess. With respect to the enactment concerning the payment of three years' dues and export duties by foreigners wishing to leave their Russian nationality, that law is abrogated in respect to those countries which shall adopt a reciprocity in such matters.

C. Abrogating law by which a foreigner was obliged to take an oath of allegiance prior to his marriage with a Russian woman, and by which he was required to ask permission of the Emperor to contract marriage with a Russian woman of the orthodox faith.

HAMBURG.

Aliens can become naturalized after six months' residence on payment of a small fee. The law of Hamburg is said to recognize a double allegiance in persons thus naturalized, and does not require any renunciation of native allegiance.1

BELGIUM.

The law of Belgium is the same as that of France, except that the "grande natural isation" can only be conferred by act of the legislature.2

SWITZERLAND.

According to a paper quoted before the Aliens Committee "in some cantons the acts of naturalization are granted by the legislature, in others by the executive government. In most cantons, among others in Berne, Zurich, Vaud, and Geneva, the privileges are complete and without any restriction from the date of the act. In Tessin a naturalized foreigner can only exercise the rights of citizenship after a lapse of five years from the date of his naturalization. In Thurgovie no one can hold any office in or under the government unless he has been a burgess of the canton at least five years. In St. Gall, Thurgovie, and Tessin a foreigner, in order to obtain his naturalization, must renounce his foreign rights of citizenship or allegiance."

(See also what Mr. Treitt says respecting the facility with which Swiss citizenship is acquired.)

ITALY.

LAWS OF THE TWO SICILIES.

By the civil code of the Two Sicilies provision was made both for naturalization and expatriation.

A royal decree of the 17th December, 1817, provided that special naturalization may be granted after one year's residence to any one who has rendered important service to the state, and ordinary naturalization after ten years' consecutive residence, on giving proof of means of subsistence and declaring intention to become domiciled in the kingdom.3

Expatriation followed on entry into a foreign military service, but the person expatriated still remained subject to the penal law if he re-entered the kingdom after having taken up arms against it.*

Permission was given to enter a foreign service on condition that the person to whom it was granted should not take any oath on accepting such service, except with a reservation that he should not be called upon to take arms against the Two Sicilies, and with the understanding that he should not be accredited to that country as embassador or minister.

Ibid. p. 53. Letter from Mr. Prevost, Swiss consul. Codice delle Due

1Aliens Committee, p. 59. Sicilie, Art. 11. Ibid. Article 25.