approved
February 10, 1855, the children of such persons are to be deemed and
taken to be citizens of the United States, but the rights of citizenship
are not to descend to persons whose fathers never resided in the United
States.
It thus happens that persons who have never resided within the United
States have been enabled to put forward a pretension to the protection
of the United States against the claim to military service of the
government under whose protection they were born and have been reared.
In some cases even naturalized citizens of the United States have
returned to the land of their birth, with intent to remain there, and
their children, the issue of a marriage contracted there after their
return, and who have never been in the United States, have laid claim to
our protection when the lapse of many years had imposed upon them the
duty of military service to the only government which had ever known
them personally.
Until the year 1868 it was left, embarrassed by conflicting opinions of
courts and of jurists, to determine how far the doctrine of perpetual
allegiance derived from our former colonial relations with Great Britain
was applicable to American citizens. Congress then wisely swept these
doubts away by enacting that--
Any declaration, instruction, opinion, order, or decision of any officer
of this Government which denies, restricts, impairs, or questions the
right of expatriation is inconsistent with the fundamental principles of
this Government.
But Congress did not indicate in that statute, nor has it since done so,
what acts are to be deemed to work expatriation. For my own guidance
in determining such questions I required (under the provisions of the
Constitution) the opinion in writing of the principal officer in each
of the Executive Departments upon certain questions relating to this
subject. The result satisfies me that further legislation has become
necessary. I therefore commend the subject to the careful consideration
of Congress, and I transmit herewith copies of the several opinions of
the principal officers of the Executive Departments, together with other
correspondence and pertinent information on the same subject.
The United States, who led the way in the overthrow of the feudal
doctrine of perpetual allegiance, are among the last to indicate how
their own citizens may elect another nationality. The papers submitted
herewith indicate what is necessary to place us on a par
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