(House Document, No. 326, 59th Congress, 2d. session, page 74.) "

A full discussion of the subject of dual allegiance may be found in Moore's Digest of International Law, volume III, pages 518-551.

For the reasons mentioned above it is obviously important for the Department, in dealing with the case of a person who was born in this country and had a father of Italian birth, to ascertain whether his father had previously acquired naturalization as a citizen of the United States. This is especially important when it is a case, such as that which you have presented, of a person who has not yet reached his majority. The extent to which this Government may go, and the arguments which it may use, in the actual protection of persons who were born in the United States of alien fathers and who may be molested while temporarily visiting the countries of origin of the latter must necessarily depend upon the particular facts and circumstances of each case. In no case, in the absence of conventional arrangements, can the Department assure such persons in advance that they will not be held liable, under the laws of other countries concerned, for the performance of military or other public service attaching to citizenship. In the Department's letter of the 5th May to Mr. P. A. Le Long, Junior, the following statement was made:

"If at any time in the future you should find it necessary to visit France and should there be molested upon the ground that you are a French citizen, you should inform a diplomatic or consular officer of the United States, who would report the matter to the Department in order that it might take such measures in your behalf as would seem warranted by the peculiar facts and circumstances of your case."

The Department, having advised American citizens generally "to avoid visiting unnecessarily countries which are at war' did not encourage Mr. Le Long to choose the present time to make an unnecessary test of his political position in France.

The cases of persons born in the United States of alien parents should not be confused with the cases of persons born abroad who have obtained naturalization as citizens of this country. In the former cases the Department recognizes now, as it always has heretofore, that the persons concerned are born with a dual nationality. In the latter cases the Department does not recognize the existence of dual nationality in view of the fact that persons who obtain naturalization as citizens of this country are required to renounce their original allegiance.

While this Government holds that naturalized American citizens cannot rightfully be called upon to perform military or other obligations which had not actually accrued before their emigration, the Department has always deemed it advisable to call the attention of naturalized Italians to the position in

which they will be placed in case they voluntarily return to Italy. During and since the administration of President Roosevelt the Department of State has accordingly issued a circular warning them to this effect entitled: "Notice to American Citizens Formerly Subjects of Italy who Contemplate Returning to that Country," which contains the following statement:

Naturalization of an Italian subject in a foreign country without consent of the Italian Government is no bar to liability to military service."

Similar circulars have been issued during and since the administration of President Roosevelt calling attention to the status in their native lands of naturalized citizens of the United States born in France and other European countries. In the circular concerning naturalized Germans attention is called to the fact that naturalization of such persons in this country is recognized by the German Government under the treaties concluded with the German States in 1868, commonly known as the "Bancroft Treaties." In this connection I may say that the United States has concluded naturalization treaties with the following countries of Europe besides Germany: Austria-Hungary, Belgium, Denmark, Great Britain, Norway, Sweden, and Portugal.

With reference to your remarks concerning the status of Germans who acquire naturalization in this country, and particularly to the provision of the new German law of nationality according to which German allegiance may be retained, under certain conditions, by Germans naturalized abroad, I may say that it is quite true that no alien can lawfully acquire American citizenship through naturalization and at the same time voluntarily retain his original nationality; for the third section of the Naturalization Act of the 29th June, 1906, makes the following requirement of every alien applying for naturalization as a citizen of this country:

"He shall, before he is admitted to citizenship, declare on oath in open court that he will support the Constitution of the United States. and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, State, or sovereignty, and particularly by name to the prince, potentate, State, or sovereignty of which he was before a citizen or subject; that he will support and defend the Constitution and laws of the United States against all enemies foreign and domestic, and bear true faith and allegiance to the

same.

It is obvious that any person who takes the oath just quoted and at the same time voluntarily retains or attempts to retain his original allegiance is guilty of perjury and dishonour. Moreover, the naturalization of such a person would be open to cancellation as fraudulent, under the provision of Section Fifteen of the Naturalization Law.

The Department of State has not been informed of any case in which a German has attempted to acquire American citizenship through naturalization and at the same time retain his German nationality under the provision of Section 25 of the German Law of Nationality.

In closing, allow me to say that this Government has not receded from the position taken many years ago as to the natural right of men to make a voluntary change of nationality, commonly known as the right of expatriation. Nevertheless the Department of State deems it proper to continue the practice which it has followed for many years of informing naturalized American citizens of the position in which they will find themselves in case they voluntarily visit their native countries. For the same reason the Department deems it proper to warn persons having a dual nationality of the claims which may be made upon them by the other countries concerned. It is believed that the Department would not be performing its full duty in this matter if it should fail to give this information.

Very truly, yours,

The Hon. Henry Cabot Lodge,

ROBERT LANSING.

Nahant, Massachusetts.

UNITED STATES Proclamation of Neutrality during the State of War between Germany and Portugal.Washington, March 13, 1916.*

By the President of the United States of America,

A PROCLAMATION.

WHEREAS a state of war unhappily exists between Germany and Portugal; And Whereas the United States is on terms of friendship and amity with the contending powers, and with the persons inhabiting their several dominions;

And Whereas there are citizens of the United States residing within the territories or dominions of each of the said belligerents and carrying on commerce, trade, or other business or pursuits therein;

And whereas there are subjects of each of the said belligerents residing within the territory or jurisdiction of the United

* Similar Proclamations were issued, August 30 and September 18, 1916, on the entry respectively of Italy and Roumania into the European War.

States, and carrying on commerce, trade, or other business or pursuits therein;

And whereas the laws and treaties of the United States, without interfering with the free expression of opinion and sympathy, or with the commercial manufacture or sale of arms or munitions of war, nevertheless impose upon all persons who may be within their territory and jurisdiction the duty of an impartial neutrality during the existence of the contest;

And whereas it is the duty of a neutral government not to permit or suffer the making of its waters subservient to the purposes of war;

Now, Therefore, I, WOODROW WILSON, President of the United States of America, in order to preserve the neutrality of the United States and of its citizens and of persons within its territory and jurisdiction, and to enforce its laws and treaties, and in order that all persons, being warned of the general tenour of the laws and treaties of the United States in this behalf, and of the law of nations, may thus be prevented from any violation of the same, do hereby declare and proclaim that by certain provisions of the act approved on the 4th day of March, A.D. 1909, commonly known as the "Penal Code of the United States," the following acts are forbidden to be done, under severe penalties, within the territory and jurisdiction of the United States, to-wit :

1. Accepting and exercising a commission to serve either of the said belligerents by land or by sea against the other belligerent.

2. Enlisting or entering into the service of either of the said belligerents as a soldier, or as a marine, or seaman on board of any vessel of war, letter of marque, or privateer.

3. Hiring or retaining another person to enlist or enter himself in the service of either of the said belligerents as a soldier, or as a marine, or seaman on board of any vessel of war, letter of marque, or privateer.

4. Hiring another person to go beyond the limits or jurisdiction of the United States with intent to be enlisted as aforesaid.

5. Hiring another person to go beyond the limits of the United States with intent to be entered into service as aforesaid.

6. Retaining another person to go beyond the limits of the United States with intent to be enlisted as aforesaid.

7. Retaining another person to go beyond the limits of the United States with intent to be entered into service as aforesaid. (But the said act is not to be construed to extend to a citizen or subject of either belligerent who, being transiently within the United States, shall, on board of any vessel of war, which, at the time of its arrival within the United States, was fitted and equipped as such vessel of war, enlist or enter himself or hire or retain another subject or citizen of the same belligerent, who

is transiently within the United States, to enlist or enter himself to serve such belligerent on board such vessel of war, if the United States shall then be at peace with such belligerent.)

8. Fitting out and arming, or attempting to fit out and arm, or procuring to be fitted out and armed, or knowingly being concerned in the furnishing, fitting out, or arming of any ship or vessel with intent that such ship or vessel shall be employed in the service of either of the said belligerents.

9. Issuing or delivering a commission within the territory or jurisdiction of the United States for any ship or vessel to the intent that she may be employed as aforesaid.

10. Increasing or augmenting, or procuring to be increased or augmented, or knowingly being concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel, which at the time of her arrival within the United States was a ship of war, cruiser, or armed vessel in the service of either of the said belligerents, or belonging to the subjects of either, by adding to the number of guns of such vessels, or by changing those on board of her for guns of a larger calibre, or by the addition thereto of any equipment solely applicable to

war.

11. Beginning or setting on foot or providing or preparing the means for any military expedition or enterprise to be carried on from the territory or jurisdiction of the United States against the territories or dominions of either of the said belligerents.

And I do hereby further declare and proclaim that any frequenting and use of the waters within the territorial jurisdiction of the United States by the armed vessels of a belligerent, whether public ships or privateers, for the purpose of preparing for hostile operations, or as posts of observation upon the ships of war or privateers or merchant vessels of a belligerent lying within or being about to enter the jurisdiction of the United States, must be regarded as unfriendly and offensive, and in violation of that neutrality which it is the determination of this government to observe; and to the end that the hazard and inconvenience of such apprehended practices may be avoided, I further proclaim and declare that from and after the 13th of March, instant, and during the continuance of the present hostilities, no ship of war or privateer of any belligerent shall be permitted to make use of any port, harbour, roadstead, or other waters within the jurisdiction of the United States as a station or place of resort for any warlike purpose or for the purpose of obtaining any facilities of warlike equipment; and no ship of war or privateer of either belligerent shall be permitted to sail out of or leave any port, harbour, roadstead, or waters subject to the jurisdiction of the United States from which a vessel of an opposing belligerent (whether the same shall be a ship of war, a privateer, or a merchant ship) shall have previously departed, until after the expiration of at least twenty-four hours from the departure