expatriation

Expatriation is the voluntary renunciation or abandonment of nationality and allegiance.

The voluntary act of abandoning one's country, and becoming the citizen or subject of another. At common law, it is probable that a citizen of the United States had no right to expatriate himself. 2 Dall. (U. S.) 1; 7 Wheat. (U. S.) 283. But see 2 Paine (U. S.) 652. But Act Cong. July 27, 1868, declares that expatriation is a natural and inherent right. The effectiveness of this statute has been doubted. 56 Fed. 556. Expatriation can only be accomplished by a removal from the country, and the acquirement of a domicile elsewhere. 56 Fed. 556; 8 Cranch (U. S.) 253; 7 Wheat. (U. S.) 283. EXPECT (Lat. expeetare ex, from, and spectare, to look). To look for; to wait for; to look forward to, as to something probable, intended, or contemplated; to be in readiness to operate. The word has sometimes been applied, in this sense, to instruments. Bacon's Arg. Case of Revocation of Uses; Works, iv. 248, 253. The words "expects to prove," in an affidavit, have been held insufficient. The party ought to say, "he firmly believes he can." 2 Littell's R. 230.

The voluntary act of abandoning one's country and becoming the citizen or subject of another. The right of expatriation is the right of a person to transfer his allegiance from the country of which he is a citizen to another country. This right has been much discussed. The question has been settled iu the United states by the act of July 27, 1868, which declares the right Of expatriation to be the inherent right of all people, disavows the claim made by foreign states that naturalized American citizens are still the BUbje Ct sueh states, and extends to such naturalized citizens, while in foreign countries, the same protection accorded to native-born citizens. other countries; 14 Op. Att'y. Gen. 295. Since the passage of this act, the United States has entered into treaties with nearly all the nations of Europe by which the contracting powers mutually concede to subjects and citizens the right of expatriation on conditions and under qualifications. And in case of conflict between the above act of congress and any treaty, it would seem the treaty must be held paramount; Morse, Citizenship § 179. See Treaty. To be legal, the expatriation must be for a purpose which is not unlawful nor in fraud of the duties of the emigrant at home. Most foreign governments permit their citizens to become naturalized in other countries, but generally upon condition of the prior fulfilment of military service. Hershey 243-244. In Switzerland the consent of the canton is required, and a like rule exists in Japan; Meilli, Intern. C. & C. 121. A citizen may acquire in a foreign country commercial privileges attached to his domicil, and be exempted from the operation of commercial acts embracing only persons resident in the United States or under its protection. See Dohictl; Naturalization. See also Miller, Const. U. S. 2S5, 297; Murray v. The Charming Betsy, 2 Cra. (U. S.) 120, 2 L. Ed. 208; 2 Kent 36; Grotius, b. 2, s. 5, s. 24; Puffendorff, b. 8, c. 11, ss. 2, 3; Vattel, b. 1, c. 19, ss. 218, 223, 224, 225; U. S. v. Gillies, 1 Pet. C. C. 161, Fed. Cas. No. 15,- 200; Ainslie v. Martin, 9 Mass. 461; 21 Am. L. Reg. 77; 11 id. 447; 3 Can. L. T. 463, 511; 25 Law Mag. & Rev. 124; Lawrence's Wheat. Int. L. 891. By act of March 2, 1907, a citizen who is naturalized in any foreign state is expatriated; also a naturalized citizen who has resided two years in his native state or five years in any other foreign state, except upon presenting satisfactory evidence to a diplomatic or consular agent under the rules of the state department, and no citizen can be expatriated in time of war. A Pennsylvania court, following her constitution framed by Franklin, first declared the right of expatriation an original and indefeasible right of man. Baldwin's Modern Political Institutions 241, citing Murray v. Mc Carty, 2 Munf. (Va.) 393; Wharton's State Trials 652. For the doctrine of the English courts on this subject, see 1 Barton, Conv. 31, note; Vaugh. 227, 281; 7 Co. 16; Dy. 2, 224, 298 &, 300 b; 2 P. Wms. 124; 1 Hale, PI. Cr. 68; 1 Wood, Conv. 382; Westl. Priv. Int. Law; Story, Confl. Laws; Cockburn, Nationality. See Alien; Naturalization.

The removing from, or forsaking of one's native country; the renunciation or abjuration of one's native allegiance.

The voluntary act of abandoning one’s country, and becoming the citizen or subject of another. See Em

* 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).

[from Lat. ex, from, and patria, country.] The removing from, or forsaking one's native country; the renunciation or abjuration of one's native allegiance. 2 Kent's Com. 43, 49. Nemo patriam in qua natus est exuere, nec ligeantiae debitum ejurare potest. No man can shake off the country in which he was born, nor abjure the obligation of his allegiance. Co. Litt. 129. The principle of this maxim is not settled in American law. 2 Kent's Com. 49. 1 Duer on Ins. 645. Cowen, J., 6 Hill's (N. Y.) R. 16, 22.

the voluntary another. Citizens of the United States have the right to expatriate themselves until restrained by congress, but it seems that a citizen cannot renounce his allegiance to the United States without the permission of government, to be declared by law. To be legal the expatridtion must be for a purpose which is not unlawful, nor a fraud of the duties at home of the emigrant. A citizen may acquire in a foreign country the commercial ' privileges attached to his domicil, and be exempted from the operation of commercial acts embracing only persons resident in the United States or under its protection. 2 Cranch, 120; vide Serg. Const. Law, 318, 2d ed.; 2 Kent, Com. 36; Grotius, B. 2,c. 5, s. 24; Puftend. B. 8, c. 11, s. 2,3; Vattel, B. 1, c. 19, 8. 278, 223, 224, 225; Wyckf. tom. 1. 117, 119; 3 Dall. 133; 7 Wheat. 342; 1 Pet. C. C. R. 161; 4 Hall’s Law Journ. 461; Brackets Law Misc. 409; 9 Mass. R. 461.