Page:The American Cyclopædia (1879) Volume XII.djvu/177

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NATURALIZATION 169 the year that he makes his declaration. A for- eign woman marrying a native becomes a French subject, and a French woman marrying a foreigner follows the condition of her hus- band ; but becoming a widow, she recovers her nationality if living in France, or if she returns to it with the authority of the execu- tive, and declares her intention of fixing there her residence. A foreigner living in France enjoys the same civil rights that are accorded to Frenchmen in the country to which the for- eigner belongs. Citizenship is lost by natural- ization elsewhere, by accepting office or a pen- sion under another government without the authority of the executive, or by so establish-, ing one's self abroad as to indicate an inten- tion not to return ; but dwelling abroad for commercial purposes does not have that effect. Citizenship may be recovered by renouncing the foreign office and domicile, on due applica- tion to the state, upon declaring an intention to fix a residence in France and renouncing all distinctions contrary to its laws. A difference is recognized since 1823 between letters of naturalization and letters of nationality, the former conferring a new right, the latter mere- ly restoring a right that was lost or in abey- ance. All Frenchmen, whether naturalized or holding office abroad with the consent of the executive, who are taken bearing arms against France, suffer the penalty of death ; it consti- tutes no exemption that they were serving in obedience to the laws of their adopted country. Not only in this provision, but upon naturali- zation of foreigners generally, the policy of the government is in practice very illiberal. In 1852 a difficulty arose between the govern- ments of the United States and France, upon the claim of the latter to compel a Frenchman naturalized in the United States to serve in the French army. At the earnest remonstrances of the American minister, the case was investiga- ted by the French minister of war, and he was of opinion that the claim of the government of France could not be supported, but he left the matter to be determined by the judicial tribu- nals. The question afterward came before the French courts in the case of two natives of France naturalized in the United States, who upon their return to their native country had been compelled to enter the French army ; and after a full examination of the whole subject, it was decided that as France recognized the right of expatriation, it followed as a conse- quence that it could have no claim upon a na- tive of France who by naturalization became the citizen of another country ; that by being naturalized a Frenchman changed his allegiance and lost his native character, and could not on returning to France be compelled to serve in the army, or perform the obligations required of a French subject or citizen. The decision was approved by the imperial government, and the men were discharged. In Belgium natu- ralization is granted by a legislative act. It is of two kinds, grand and ordinary. The first is conferred only where eminent services have been rendered to the state, and the person to whom it is granted is placed in every respect upon an equality with a native. The second naturalization, ordinaire or petite, admits to every privilege except the exercise of those political rights which are reserved for the grand naturalization. In contradistinction to France, the policy of the Belgian government on this subject is distinguished by great liberality. In the Netherlands, by the fundamental law of 1848, a foreigner can be naturalized only by an act of the states general, approved by the king; but he acquires substantially the privi- leges of a subject if he has permission from the king to establish a domicile, and gives notice to the administration of a commune that he has established his domicile in that commune, with a declaration of his intention to settle in the kingdom, and retains his domicile in the same commune for six years. In neither country is any stated period of residence demanded, or any other special condition required ; and citizenship in both may be lost for the same causes as in France, and restored in the same way. In Swe- den, by a law passed in 1858, an application must be made by petition to the king, accompanied by proof of the age of the petitioner, his religion, his native country, the time of his immigra- tion, the places where he has resided in Swe- den, and his general good conduct. He must be 21 years of age, of good character, a resi- dent of Sweden for three years, must have the means of supporting himself, and must not be of the Roman Catholic religion. If he has been previously admitted into the service of the state, or is known as a man of more than ordinary ability in the arts or sciences, or in the industrial pursuits of agriculture or mining, or if for other reasons it is considered that his adoption as a Swedish subject would prove useful to the state, the three years' previous residence may be dispensed with. In Norway naturalization is granted by the storthing, the national legislative assembly, in which this power is exclusively vested, the assent of the king in this case not being necessary ; but any one who has definitively fixed his domicile in Norway, and resided there for ten years, has all the civil and political rights of a Norwe- gian subject. In Denmark a petition must be addressed to the president of the rigsraad, with a certificate of two citizens that the pe- titioner has resided one year in the country. An act is then passed by the rigsraad, decla- ring that the petitioner may reside and trade in the kingdom, with all the rights and sub- ject to all the duties of a native-born sub- ject. It must be approved by one of the min- isters and receive the sanction of the king, and the privilege is almost invariably granted as a matter of course whenever applied for. In Russia, by the law of 1864, a domicile of five years is requisite, which may be shortened in special cases. To acquire a domicile the foreigner must declare his wish to the gover-