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of his birth, be held liable for military service or any other act of allegiance during a temporary stay in the territory of the other party.

Provided, that, if such stay is protracted beyond the period of two years, it shall be presumed to be permanent, in the absence of sufficient evidence showing that return to the territory of the other party will take place within a short time. (46 Stat. (pt. 2), 2904; Treaty Series, No. 832; Trenwith, Treaties, IV, 4542; 112 League of Nations Treaty Series, p. 399.)

[See also "Sweden and Norway," p. 628, convention and protocol between the United States of America and Sweden and Norway signed at Stockholm May 26, 1869 : ratified, December 17, 1870; ratification exchanged, June 14, 1871; proclaimed, January 12, 1872. (17 Stat. 809; Treaty Series, No. 350; Malloy, Treaties, II, 1758.)]

PANAMA

[The Attorney General in an opinion of September 7, 1907, held that citizens of Panama who were residents of the Canal Zone on the date of the convention between the United States and the Republic of Panama for the construction of a ship canal (February 26, 1904), and who did not take any affirmative action to retain citizenship in Panama, owe allegiance to the United States. (26 Op. Atty. Gen. 376.)]

[See also Multipartite Treatles at page 631.]

PARAGUAY

[See Multipartite Treaties at page 631.]

PERU

[Naturalization convention signed at Lima, October 15, 1907; ratification advised by the Senate, February 19, 1908; ratified by the President, March 9, 1908; ratified by Peru, July 23, 1909; ratifications exchanged at Lima, July 23, 1909; proclaimed, September 2, 1909.]

ARTICLE I

Citizens of the United States who may be or shall have been naturalized in Peru upon their own application or by their own consent, will be considered by the United States as citizens of the Republic of Peru. Reciprocally, Peruvians who may or shall have been naturalized in the United States upon their own application or with their consent, will be considered by the Republic of Peru as citizens of the United States.

ARTICLE II

If a Peruvian, naturalized in the United States of America, renews his residence in Peru without intent to return to the United States, he may be held to have renounced his naturalization in the United States. Reciprocally, if a citizen of the United States naturalized in Peru renews his residence in the United States without intent to return to Peru, he may be presumed to have renounced his naturalization in Peru.

The intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country, but this presumption may be destroyed by evidence to the contrary.

ARTICLE III

It is mutually agreed that the definition of the word "citizen" as used in this convention shall be held to mean a person to whom nationality of the United States or of Peru attaches.

ARTICLE IV

A recognized citizen of the one party returning to the territory of the other remains liable to trial and legal punishment for any action punishable by the laws of his original country and committed before his emigration; but not for the emigration itself, saving always the limitation established by the laws of his original country and any other remission of liability to punishment.

ARTICLE V

The declaration of intention to become a citizen of the one or the other country has not for either party the effect of naturalization. (36 Stat. (pt. 2), 2181; Treaty Series, No. 532; Malloy, Treaties, II, 1449.)

[See also Multipartite Treaties at page 631.]

PHILIPPINE ISLANDS

[See Treaty under "Spain."]

PORTUGAL

[Naturalization convention signed at Washington, May 7, 1908; ratification advised by the Senate, May 14, 1908; ratified by the President, November 6, 1908; ratified by Portugal, September 21, 1908; ratifications exchanged at Washington, November 14, 1908; proclaimed, December 14, 1908.]

ARTICLE I

Subjects of Portugal who become naturalized citizens of the United States of America and shall have resided uninterruptedly within the United States five years shall be held by Portugal to be American citizens and shall be treated as such. Reciprocally, citizens of the United States of America who become naturalized subjects of Portugal and shall have resided uninterruptedly within Portuguese territory five years shall be held by the United States to be Portuguese subjects and shall be treated as such.

ARTICLE II

A recognized citizen of the one party on returning to the territory of the other remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws of his original country, and any other remission of liability to punishment.

The infraction of the legal provisions which in the country of origin regulate emigration shall not be held, for the purposes of this article, as pertaining to the emigration itself and, therefore,

the transgressors of those provisions who return to the country of their origin are there liable to trial on account of any and whatever responsibility they may have incurred through such infraction.

ARTICLE III

If a Portuguese subject naturalized in America, renews his residence in Portugal, without intent to return to America, he shall be held to have renounced his naturalization in the United States. Reciprocally, if an American naturalized in Portugal renews his residence in the United States, without intent to return to Portugal, he shall be held to have renounced his naturalization in Portugal. The intent not to return may be held to exist when the person naturalized in one country resides more than two years in the other country. (35 Stat. (pt. 2), 2082; Treaty Series, No. 513; Malloy, Treaties, II, 1468.)

PUERTO RICO

[See Treaty under "Spain."]

RUSSIA'

[The Convention between the United States and Russia ceding Alaska to the United States was signed at Washington, March 30, 1867; ratification advised by the Senate, April 9, 1867; ratified by the President, May 28, 1867; ratified by Russia, May 3, 1867; ratifications exchanged at Washington, June 20, 1867; proclaimed June 20, 1867. It contains the following provision:]

ARTICLE III. The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, they, with the exception of uncivilized native tribes, shall be admitted to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and shall be maintained and protected in the free enjoyment of their liberty, property and religion. The uncivilized tribes will be subject to such laws and regulations as the United States may, from time to time, adopt in regard to aboriginal tribes of that country. (15 Stat. 539; 18 Stat. (pt. 2, Public Treaties), 671; Treaty Series, No. 301; Malloy, Treaties, II, 1521.)

SALVADOR

[Naturalization convention signed at San Salvador, March 14, 1908; ratification advised by the Senate, April 13, 1908; ratified by the President, May 26, 1908; ratified by El Salvador, April 13, 1908; ratifications exchanged at San Salvador, July 20, 1908; proclaimed, July 23, 1908.]

ARTICLE I

Citizens of the United States who may or shall have been naturalized in Salvador, upon their own application or by their own

7 The Supreme Court of the United States in the case of Rassmussen v. United States, 197 U. S. 516, held that under the treaty Alaska was incorporated into the United States.

While the laws relating to citizenship in the United States are applicable to Alaska, It seems particularly desirable to call attention to the following portion of the act of Congress of June 2, 1924 (43 Stat. 253), which reads in part as follows:

"That all noncitizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States:

U. S. C. 3.)

(8

consent, will be considered by the United States as citizens of the Republic of Salvador. Reciprocally, Salvadoreans who may or shall have been naturalized in the United States upon their own application or with their own consent, will be considered by the Republic of Salvador as citizens of the United States.

ARTICLE II

If a Salvadorean, naturalized in the United States of America, renews his residence in Salvador, without intent to return to the United States, he may be held to have renounced his naturalization in the United States. Reciprocally, if a citizen of the United States, naturalized in Salvador, renews his residence in the United States, without intent to return to Salvador, he may be presumed to have renounced his naturalization in Salvador.

The intent not to return may be held to exist when the person naturalized in the one country, resides more than two years in the other country, but this presumption may be destroyed by evidence to the contrary.

ARTICLE III

It is mutually agreed that the definition of the word "citizen," as used in this convention, shall be held to mean a person to whom nationality of the United States or Salvador attaches.

ARTICLE IV

A recognized citizen of the one party, returning to the territory of the other, remains liable to trial and legal punishment for an action punishable by the laws of his original country and committed before his emigration; but not for the emigration itself, saving always the limitation established by the laws of his original country, and any other remission of liability to punishment.

ARTICLE V

The declaration of intention to become a citizen of the one or the other country has not for either party the effect of naturalization. (35 Stat. (pt. 2), 2038; Treaty Series, No. 503; Malloy, Treaties, II, 1570.)

SAMOA (AMERICAN)
[See Treaty under "Germany."]

SPAIN
(FLORIDA)

[Signed at Washington, February 22, 1819; ratification advised by the Senate, February 24, 1819; ratification advised again by the Senate, February 19, 1821; ratified by the President, February 22, 1821; ratifications exchanged February 22, 1821; proclaimed February 22, 1821.]

ARTICLE VI

The inhabitants of the territories which His Catholic Majesty cedes to the United States, by this treaty, shall be incorporated in the Union of the United States, as soon as may be consistent

with the principles of the Federal Constitution, and admitted to the enjoyment of all the privileges, rights, and immunities of the citizens of the United States. (8 Stat. 252; Treaty Series, No. 327; Malloy, Treaties, II, 1651.)

(GUAM)

[While Congress has passed special acts determining the civil rights and political status of inhabitants of other territories, such as the Philippine Islands and Puerto Rico, ceded to the United States by Spain by the Treaty between the United States and Spain concluded December 10, 1898, and ratified and proclaimed April 11, 1899, no legislation has been enacted by Congress concerning the civil rights and political status of the inhabitants of Guam. It seems clear, however, that all Spanish subjects who were residing in Guam at the time of cession, including natives of Guam and natives of the Peninsula of Spain, became American nationals under the provisions of art. IX of the treaty quoted hereinafter under "Philippine Islands," except such natives of the Peninsula of Spain as may have preserved allegiance to Spain by making the declaration provided for in art. IX of the treaty.]

(PHILIPPINE ISLANDS)

[Treaty between the United States and Spain signed at Paris, December 10, 1898; ratification advised by the Senate, February 6, 1899; ratified by the President February 6, 1899; ratified by Spain, March 19, 1899; ratifications exchanged at Washington, April 11, 1899; proclaimed, April 11, 1899.]

ARTICLE IX. Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside."

The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress. (30 Stat. 1754; Treaty Series, No. 343; Malloy, Treaties, II, 1690.)

(PUERTO RICO)

[See Article IX of the Treaty between the United States and Spain concluded December 10, 1898, and ratified and proclaimed April 11, 1899 (quoted above under “Philippine Islands”).]

Protocol with Spain extending the period during which Spanish subjects, natives of the Peninsula, may declare their intention to retain their Spanish nationality, concluded March 29, 1900, and proclaimed April 28, 1900 (31 Stat. 1881), provided:

"SOLE ARTICLE"

"The period fixed in Article IX of the Treaty of Peace between the United States and Spain, signed at Paris on the tenth day of December, 1898, during which Spanish subjects, natives of the Peninsula, may declare before a court of record their intention to retain their Spanish nationality, is extended as to the Philippine Islands for six months beginning April 11, 1900."

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