Expatriation
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
* Voluntarily leaving one's native or adopted country to become a citizen in another country.
Expatriate.
To leave one's country, renouncing allegiance to it, with the purpose of making a home and becoming a citizen in another country. Includes more, then, than changing one's domicil.^ Act of Congress of July 37, 1868, declares that "the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; " disavows the claim made by foreign states that haturalized American citizens are still the subjects of such states; and enacts, further, that "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." ' The right is inalienable, and extends to individuals of the Indian race.' The contrary is the English doctrine, expressed in the maxim nemo potest exuere pairiam.^ 1 E. S. § 717; Lewis v. Shainwald, 7 Saw. 416-17 (1881), cases. ' 2 Kent, 34; 1 Bl. Com. 266; 2 Story, Eq. §§ -1466-74,; 3 Daniel, Ch. Pr. 1698-1714; Adams v. Whitcomb, 46 Vt. 708 (1873).
3 Lawrie v. State, 5 Ind. B36 (1854).
See 63 lU, 117; 38 Iowa, 215. * L. ex patria terra, from one's fatherland.
5 Ludham v. Ludham, 31 Barb. 489 (1860). « R S. §§ 1999, 2000; 9 Op. Att.-Gen. 3B6 (1859). 'United States, ex rel. Standing Bear v. Crook, 5 Dill. 45.3 (1879).