Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
Beginning with the period immediately following the French
Revolution--which, it should be remembered, was only the most violent
and impressive of the upheavals of that general epoch in many parts
of Europe--a distinct reaction toward the _Jus Sanguinis_ appeared.
This is variously accounted for; but most historians attribute it
to a desire on the part of the older countries of Europe to offset
the serious loss of subjects threatened by emigration to America,
which had begun to tempt adventurous souls by the opportunity for
individual liberty and initiative and escape from the tyrannies of
feudalism and religious autocracy.
Whatever the reason, the nineteenth century witnessed on the one hand
the return of the nations of the Old World to the Law of the Blood,
and on the other the development in the New World of the Law of the
Soil.
This is a theoretical statement. In point of fact, in the designation
of the mode of acquisition or loss of citizenship, no two of the
nations of the world are exactly in accord; the most hopeless
confusion exists; but with a constant and increasing effort to
harmonize the procedure, and now with a good hope that in the coming
days some measure of uniformity may become practicable. In matters of
secondary importance, such as the international postal regulations,
telegraphic communication and sanitary co-operation, it has been
virtually impossible thus far to bring about a common policy. How
much more difficult must it be to harmonize the principles of
citizenship, involving, as that does, intricate historical and
political considerations--immensely complicated by the shifts of
boundary due to the war--and the very bases of national existence in
the control by the community of the allegiance and the industrial and
military service of subjects and citizens?
THE RIGHT TO EMIGRATE
Nevertheless, all countries have in some measure practically
recognized the right of the human individual to emigrate, though
there have persisted laws and decrees expressing the attempt to
retain legal jurisdiction and allegiance. The strength of these
efforts depends largely upon whether the basic theory of citizenship
has its roots in the _Jus Sanguinis_ or the _Jus Solis_. For it
may be said generally that the nations of the world are divided
roughly in this regard by their adherence to the one theory or the
other, though we look almost in vain for a pure example of either;
in some countries there are interwoven lines of both, and in many
it is almost impossible to determine which prevails. For practical
purposes, and subject to such modifications as may be made in the
era of readjustment upon which the World War has launched us, we may
depend upon the following general classification:
_The Jus Sanguinis_ dominates in Austria, China, Finland, France,
Germany, Hungary, Japan, Monaco, Norway, Persia, Rumania, Serbia.
_The Jus Solis_ prevails in the canton of Geneva, Switzerland, and in
Argentina.
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