Speech #830113974

I refer to the Civil War StatuteRevised Statutes. section 19961865: All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost marshal within 60 days after the issuance of the proclamation by the President. dated March 11. 1865. are deemed to have voluntarily relinquished and forfelted their rights of citizenship. as well as the rights to become citizens and such deserters shall be forever incapable of holding any office of trust or profit under the United States. or of exercising any rights of citizens thereof. In 1907 Congress enacted a general expatriation statute34 Statutes. page 1228. Today. section 349 (a). paragraphs 7. 8. 9. and 10. of the Immigration and Nationality Act. provide for loss of nationality by such acts as the making of a formal written renunciation of nationality in time of war. desertion in time of war. acts of treason. or attempts to overthrow the United States by force or bearing arms against it and by departing from or remaining outside the jurisdiction of the United States in time of war or national emergency in order to avoid military service. The same acts were formerly found in the Nationality Act of 19408 United States Code. page 801. If one keeps clearly in mind that the loss of nationality results from voluntary action of a renunciative nature by the citizen himself in conformity with applicable principlesand is not a revocation of nationality by Congress itselfthe fear of unconstitutionality should abate.