Switzerland; Switzerland -- Politics and government -- 1815-
The right of expatriation is fully and positively established in the
United States, by an act of Congress, in these words: “Whereas, the
right of expatriation is a natural and inherent right of the people,
indispensable to the enjoyment of the rights of life, liberty, and
the pursuit of happiness; and, whereas, in the recognition of this
principle, this government has frequently received emigrants from all
nations, and invested them with the right of citizenship; and, whereas,
it is claimed that such American citizens, with their descendants,
are subjects of foreign states, owing allegiance to the governments
thereof; and, whereas, it is necessary to the maintenance of public
peace that this claim of foreign allegiance should be promptly and
finally disavowed; therefore any declaration, instruction, opinion,
order, or decision of any officer of the United States, which denies,
restricts, impairs, or questions the right of expatriation is declared
inconsistent with the fundamental principles of the republic.”
Naturalization in the United States is a valuable privilege, which
is considerately granted to those who desire its advantages and are
willing to undertake its duties. The process is a decree of a court of
record, upon the satisfactory establishment by the applicant of his
lawful eligibility to the privilege of their nationality. The United
States cannot admit of qualified naturalization, subject to the consent
of the country of origin; nor can the United States Courts, in which
the judicial power of naturalization is vested, take cognizance of the
consent of a foreign state as a precedent condition to naturalization.
The admissibility of a change of allegiance in the United States,
without any co-operation or consent of the country of origin, is
plainly implied from the very statute itself; which requires conditions
of residence, of personal character, of publicity, and of abjuration
under oath of allegiance to every other government, and especially
to that of the country of birth, with sworn allegiance to the United
States. These are all indispensable for the completion of an act of
expatriation, and no more; and he who is in this manner endowed with
the nationality of the United States, thereby dissolves all ties of
native allegiance, and is clothed with all the rights and privileges
that pertain to a native citizen, and entitled to the same degree of
protection whether at home or abroad.
Citizenship is an attribute of national sovereignty, and not merely
of individual or local bearing. It is a sacred right, full of grave
consequences, granted with solemn formalities, and its existence should
always be well defined and indisputable. Between friendly States,
naturalization and expatriation should be reciprocal; and with an equal
measure of obligation. Conventional adjustment is alone adequate to the
removal of the most prolific source of constantly-recurring friction
and tension, inevitable, in the absence of treaty stipulation.
Public-domain text, read in full here on John Shaqi.
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