Speech #670273284

This question was fully discussed and settled in the case of MacKenzie against Hare. volume 239. pages 299 to 231. of the Supreme Court of tie United States. The court discusses the question of expatriation as it existed under the common law. and discusses the revision originally adopted by this country. and then says it was brought about beyond all question by the Revolutionary War. Then the acts of Congress in relation to naturalization. the specific statute that a woman who marries an alien takes the nationality of her husband. Further. under the present law no married woman. an alien. can be naturalized or file her petition for naturalization. and therefore if the husband fails to naturalize she must remain an alien under the law as it now stands. Third. with five minutes residence in the United States an alien woman who marries a citizen of the United States. or who marries one who has been naturalized as a citizen of the United States. upon her arrival becomes a fullfledged citizen. with all the rights and privileges of an American citizen who has been compelled to live here 21 years or an American boy or an alien who has complied with the naturalization laws. So that under the present law. by virtue of allowing a woman to have the same civil rights as a man. it becomes important whether or not an alien woman who marries an American citizen should instanter become an American citizen. with all the rights and privileges of an American citizen. That is charged by this law. Now. under the present law an alien married woman can not be naturalized as such independent of her husband. This bill in paragraph 1 allows her to become naturalized without the naturalization of her husband. Under the present law when an alien woman marries a citizen she automatically becomes a citizen. This bill requires her to be naturalized under the provision in section 2 which requires a years residence and for taking the oath of allegiance and otherwise complying with the naturalization laws. Third. the present law. when an alien man is naturalized the wife becomes automatically a citizen. This bill requires her to be naturalized. and a short process is provided in section 2. Hereafter all women now married at the present time. married to aliensand there may be a million of them residing in the United Statesthe husband becomes naturalized. that woman under this law will not become naturalized. but she must come within a year and file her application. become naturalized. take the oath of allegiance. which she ought to take to become a fullfledged citizen. with all the rights and privileges of an American citizen. Fourth. Under the present law nn American woman citizen who marries an alien automatically takes the citizenship of her husband and loses her American citizenship. This bill permits her to retain such American citizenship unless she renounces that citizenship. or unless she goes abroad and renmains there two years in the country of the nativity of her husband. and the presumption is that she then loses her resid n.-re. or that if she resides for five years generally in a foreign country she loses her citizenship. The presumption is the same as the law now applies to a naturalized citizen who goes abroad and lives two years and loses citizenship if he remains in the country of his nativity for two years. or five years elsewhere. Fifth. The bill provides that an American woman citizei who heretofore by her marriage to an alien loses her American citizenship may regain the same as provided by section 2 of the bill.