Speech #640217964

The first view has certainly high authority for its support. In Shanks against Duont (3 Pet.. 242. 246) Mr. Justice Story. deliverying the judgment of the court. said: " The general doctrine is that no persons can by any act of their own. without the consent of the Government. put off their allegiance and become aliens." And Kent.. in his commentaries. after a historical review. of the principle and discussion In the Federal courts. declares that " the better opinion would seem to be that a citizen can not renounce his allegiance to the United States without the permission of Government declared by law. and that. as there is no existing legislative regulation on the case. the rule of the English common law remains unaltered." (2 Kent. 14th ed.. 49.) The deduction would seem to have been repelled by the naturalization laws. and It was certainly opposed to executive opinion and. we may say. popular sentimniut. so determined that it sought its vindication by war. Further discussion would lead us far afield. and. besides. would only have historical interest. The condition which Kent suggested Las occurred . there is a legislative declaration. In 1868 (ch. 249. 15 Stat.. 223) Congress exlicitly declared the right of expatriation to have been and to be the law. And the declaration was in effect said to be the dictate of necessity. The act recites that emigrants have been received and invested with citizenship in recognition of the principle of the right of expatriation and that there should be a prompt and final disavowal of the claim " that such American citizens. with their descendants.. are subjects of foreign States." (Rev. Stat.. par. 1999.) . But plaintiff says. "Expatriation is evidenced only by emigration coupled with other acts indicating an intention to transfer ones allegiance." And all the acts must be voluntary. "the result- of a fixed determination to change the domicile and permanently reside elsewhere. as well as to throw off the former allegiance. and become a citizen or subject of a foreign power." . The right and the condition of its exercise being thus defined. It Is said that the authority of Congress is limited to giving its consent.