Speech #590143127

It does seem to me. however. Mr. Speaker. that there is a very material conflict between the provisions of section 3 of the proposed bill and section 15 of the naturalization law passed in the last session of Congress. Section 3 of the bill now under consideration provides that when any naturalized citizen shall have resided for five years continuously in a foreign state it shall be presumed that lie has ceased to be an American citizen. and then it throws the burden upon him to establish that it was not his intention to give up his American citizelship. It has been held by the courts that the granting of naturalization by the courts is in effect a*judguient. This provision of section 3. therefore. is to the effect that a judgment of a court. solemnly entered. shall be set aside upon a mere presumption. and it slall l(comne the duty of the party in whose favor that judgment has been entered to establish by satisfactory evidence that the judgment ought not to be set aside. Under the provisions of the bill passed at the last session it has been now provided that there shall be kept a record of every person in whose favor naturalization certificates are issued. and one of the main arguments in favor of that provision of the law was to guide the Department of. State iii just such cases as the gentleman from New York has called to the attention of the committee. Under section 15 of the bill passed at the last session the party in whose favor the naturalization certificate has been issued is given an opportunity to be heard before the certificate is canceled. It raises the presiuption. it is true. under section 15 of the law passed at the last session. that if he goes abroad within five years after the certificate has been issued to him. and goes abroad with the intention to remain there. that he had not boma fide made his application for naturalization. But then the section gives him an opportunity. as I remember it. to be heard before that certificate is canceled. The bill as now presented does not give him that opportunity at all. but provides simply that if he has been abroad and has been living abroad permanently for five years. without any sort of proceedings being instituted. the American consul abroad shall have the right to say that this main has lived in a foreign country five years. and having lived there for five years cancel the judgiient of the court issued in the United States upon the presuniption that his certificate was issued illegally. and thereby throw the burden upon him to establish its legality.