Mr. Marcy refused to interlore. boling that. not bcing a citizen of thi United Stnstes. his passport was im properly granted md did not. protect him uon his voluntary return to Austria. of which ecinitry he ws a subject. The case of Koszta. there is little doubt. ased the itsertion of a stipulation in most of our treaties made sinc srith the powers of eoitincntal Europe. that "the declaration of an intention to become a citizen of the one or the other country has inot for either party the effect of naturalizationY. The right of expatriation we have so successfully asserted is the right of volunary expatriation. a question of intent in each case. very diflicult to measure by a geumecal lw. It ulay b well. in tie interest of Americans resident for any cause in a foroign laud. as well as in the interest of the Government. to prescribe that in anral or biennial registry at one of or consulates slill act is a continued assertion of their allegiance. but I fear it would work great injustice to make the absence of such registry an nct of expatriation or renumciation of allegiance until their return.
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naturalizationY