When a man (according to this section) forfeits his right as a Danish-born, the loss is extended to his wife and his legitimate minor children, unless they remain in this country.

The provisions of this section can be abolished or restricted in relation to a foreign power by treaty with that power.

§ 8. A person who has forfeited his right as a Danish-born according to section 7, but who has not become a citizen of another country, recovers his right as a Danish-born by domiciliating himself in this country or even without taking his domicile here by special permission of the King.

The right as a Danish-born, when recovered in this way by a man, comprises his wife and his legitimate minor children, even when they remain domiciliated in a foreign country, and regardless of the marriage having been contracted or the birth having taken place after the husband (respectively the father) has forfeited his right as a Danish-born, and consequently the marriage and the birth having not originally conferred the right as a Danish-born upon the wife and children.

§ 9. An illegitimate child whose mother enjoys the right of a Danish-born acquires by birth the right of a Danish-born, whether the birth takes place in this country or in a foreign country.

In the instances where a legitimate child according to this law follows the condition of the father, the position of an illegitimate child as to citizenship depends on the condition of the mother in his respect.

If the condition of the mother as to citizenship is altered in consequence of her marriage with a man who is not father to her children, the condition of the children as to citizenship is not altered.

§ 10. Children found in this country whose position as to citizenship is unknown are considered till their real position can be ascertained to have the right of a Danish-born.

§ 11. Section 2 of this law applies also to persons born before this law comes into force, but who at that time had not yet obtained the right of a Danish-born according to section 9 of the ordinance of the 15th of January, 1776. A woman living, when this law comes into force, in marriage with a husband having the right of a Danishborn acquires the right of Danish-born.

In other respects the provisions of this law are only to be applied as far as the fact by which the right of Danish-born is acquired or forfeited has taken place after the coming into force of this law.

§ 12. This law does not alter the position in law granted under the existing rules to persons who are not Danish-born in consequence of their having domicile here or having had a fixed sojourn here a certain time.

§ 13. This law is applicable in all parts of the Danish State like the former provisions in this matter which they replace.

It does not apply to persons whose right as Danish-born is reserved by the Article XIX of the treaty of peace of the 30th of October, 1864.

Whereto all whom it may concern have to conform themselves.

Given at Amalienborg, on the 19th of March, 1898, under our royal hand and seal. CHRISTIAN R. [L. S.]

DANISH WEST INDIES.

[Enclosure in despatch from Mr. Payne, American consul at St. Thomas, August 1, 1906.] SOME REMARKS BY THE GOVERNMENT SECRETARY OF THE DANISH WEST INDIES ON THE BIRTHRIGHT OF DANISH NATIVES WITH SPECIAL REFERENCE TO THE DANISH WEST INDIES.

The rules about the acquisition and forfeiture of Danish birthright are to be found in the ordinance of 15th January, 1776, and the law of 19th March, 1898, of which last-mentioned law copies are annexed. These rules are valid in all parts of the Danish State, consequently as well in the European possessions of the State, as in the American (West Indian) possessions. Therefore when in the following remarks the word Denmark" is used, it is used as synonymous with the Danish State, including the Danish West Indies.

I. The acquisition of birthright as Danish native.
The birthright as Danish native is acquired:

(a) By every legitimate child whose father is a Danish native, whether the child is born in Denmark (including the Danish West Indies) or abroad.

For illegitimate children the birthright as Danish native is acquired when the mother has this right and without regard to where the birth takes place.

(b) By the children of foreigners born in Denmark (including the Danish West Indies), provided that these children from the time of their birth till they have completed their nineteenth year have been domiciled in Denmark (including the Danish West Indies), unless such persons have in the course of the last year made a declaration to the superior authority (in the West Indies the governor) to the effect that they do not wish to acquire Danish birthright, and prove that they are in possession of the right of citizenship in a foreign country. This declaration can, however, not be made with legal effect by one who is the child of an alien who has in the same manner (by declaration) demonstrated his right of citizenship of a foreign country.

For the better explanation of this the following remarks are made: When a foreigner has taken up his residence within the Danish State he continues to be a foreigner unless he be naturalized by law. His legitimate children born here will acquire Danish birthright by remaining within the Danish State unless they, during the time between their eighteenth and nineteenth year make a declaration to the effect that they do not wish to acquire the birthright as Danish natives. But if the family continues to be domiciliated here, the children of those who by making the above-mentioned declaration have maintained their foreign citizenship are Danish natives and can not by any declaration renounce their position as such. It must, however, here be remembered that the legitimate children of the daughters become foreigners if the father himself is a foreigner by birth when in due time they make the aforesaid declaration.

(c) By foreign women who marry a Danish native, and

(d) By foreigners who by a law passed in the Rigsdag and sanctioned by the King acquire birthright as Danish natives. Foreigners domiciliated in the Danish West Indies and who desire to acquire the birthright as Danish natives must consequently, in the same man

ner as foreigners domiciliated in European Denmark, apply to the home government in order to acquire this right.

II. The forfeiture of the birthright as Danish native.

The birthright as Danish native is forfeited:

(a) When the native acquires citizenship in a foreign land. (b) By a native woman who marries a foreigner.

(c) When a native for ten years uninterruptedly has been domiciliated abroad, unless he within the expiration of this term of ten years, before the Danish ambassador or consular official in the place concerned, makes a declaration to the effect that he reserves his rights as a Danish native. This declaration must be repeated every tenth year. When the right as Danish native is forfeited in this manner the wife and minor children of the person will also lose their rights as Danish natives in so far as they are living abroad.

Danish natives from the Danish West Indies who are domiciliated abroad and who wish to maintain their rights as Danish natives must consequently before ten years have elapsed after their arrival to the foreign land make a declaration as aforesaid to a Danish ambassador or consular official if they wish to maintain their rights as Danish natives.

Whenever their right as Danish native has been lost by the omission of making the said declaration in due time, the person concerned will recover his rights as Danish native by taking up his abode again within Danish territory, in so far as he has not become a citizen of a foreign country or otherwise by special permission from the King. III. The privileges and the special duties of Danish natives.

As already stated, the rights attached to the possession of birthright as a Danish native are the same whether the person concerned has been born in the one or the other part of the Danish State, whether in European Denmark or in the Danish West Indies. These rights are in all essentials the following:

(a) No Danish native can be banished from the Danish territory. (b) While staying abroad any Danish native can, whenever the circumstances call for it, obtain the help and protection of the Danish State through the Danish representatives abroad (ambassadors or consular officials).

(c) Only Danish natives can obtain royal appointment in offices under the Danish State, while foreigners can obtain appointment in municipal offices.

(d) While in European Denmark, as in most other States, only the natives are in possession of franchise for the legislative assembly (Rigsdagen), the colonial law of 1863 forms an exception for the Danish West Indies in so far as it grants franchise for the colonial council to foreigners who for five years have been domiciliated in the Danish West Indies. Danish natives, however, become electors to the colonial council after two years' stay in the Danish West Indies.

(e) In European Denmark only Danish natives are entitled to support from the Danish State, while in the Danish West Indies foreigners obtain this right after having been domiciliated there for five

years.

(f) Danish natives have an exclusive right to benefit from the State's charitable institutions as well as for assistance from the University and the Academy for Fine Arts in Copenhagen.

The special duties incumbent on Danish natives consist chiefly in the more intense obligation to loyalty toward the King and the Government of the country. Furthermore, the natives who are able to carry arms are bound to a greater extent than the domiciliated foreigners to defend the country in case of necessity (wars, etc.).

Here it is, however, to be remarked, that they who are domiciliated in the Faroe Islands, in Iceland, Greenland, and in the Danish West Indies at present are not bound to do military duty in the Danish army or navy.

IV. The rights of foreigners domiciliated within Danish territory: While the Danish natives have free admissions to the territory of the Danish State, this last can lay down what conditions it chooses for the admission of foreigners to its territory.

Foreigners are allowed to remain within Danish territory as long as they do not become a burden for the public. In the Danish West Indies, but not in European Denmark, foreigners acquire settlement when they have been domiciled there for five years.

For crimes committed in foreign parts foreigners can be extradited, while Danish natives never are extradited to a foreign power. Besides, foreigners, but not natives, are under certain conditions. exposed to banishment by judgment from a court of justice.

Foreigners are allowed to carry on trade within Danish territory. In the Danish West Indies in certain cases a Burgher-brief and (as in former days also in European Denmark) the making of an oath is required. The making of this oath does, however, not otherwise change anything in the position of the foreigner, and does not confer on him the right of Danish native.

After having been domiciliated in the Danish West Indies for five years the foreigner acquires franchise for the colonial council. Concerning this provision, which is exceptional for the Danish West Indies, reference is made to the above remarks.

Foreigners, but not natives, can be banished from the State whenever the interests of the Danish State should make it desirable.

Every right acquired by a foreigner through the domiciliation ceases when he gives up his domicile on Danish territory.

DOMINICAN REPUBLIC.

Mr. Dawson, minister to Dominican Republic, to Mr. Root, Secretary of State, August 16, 1906.

AMERICAN LEGATION,

Santo Domingo, August 16, 1906.

SIR: Complying with your circular instruction dated July 9, 1906, in regard to the information desired by the board to inquire into foreign citizenship laws, I have the honor to report that the Dominican enactments on the subject are:

1. Articles 7 and 8 of the constitution, adopted June 12, 1896, and which is now in vigor. A transcript of these articles is herewith inclosed. These provisions or others substantially identical have been in the Dominican constitutions since March 9, 1875. Cer

tain constitutions in force before that date provided that the children of foreigners residing in the country should not be considered as Dominican, although such children were born on Dominican soil.

2. Those provisions of the Code Napoleon which apply to citizenship, domicile, etc. The Code Napoleon was enacted as Dominican legislation as soon as the Republic became independent, and has ever since constituted the body of the substantive law of the country. In 1884 a translation was made by official authority into the Spanish language, and this is the authorized version and the one cited to the courts. It does not differ materially from the French version, and in the provisions referring to the subject inquired about, not at all.

Where the provisions of the inclosed articles of the constitution differ from the code of 1884, it is the former that prevail. For example, the constitution provides that all persons (including women) born on Dominican soil are Dominican citizens. The code provides that a married woman takes the nationality of her husband. But a woman born in the Republic may take out a license as a steamship agent a right confined to Dominican citizens-although she has married a foreigner.

**

There are no special provisions in regard to the means by which citizenship may be lost, or as to renunciation of citizenship. A citizen may lose his political rights for certain crimes or the acceptance of employment by a foreign government, but it is expressly provided (art. 8 of constitution) that no Dominican can be recognized as having another nationality while he is residing in this country. The legal presumption from the affirmative terms used is that the naturalization of a Dominican abroad would be recognized by this Government as long as he did not return. So far as I have been able to ascertain, there has been no legal decision or holding of the foreign office on the point.

But there is no doubt that the meaning of the constitution is that in any event the Dominican citizenship of a native naturalized abroad would revive upon his return. As a matter of fact, there are a considerable number of native Dominicans now resident here who claim foreign nationality, in some cases because they are the children of foreign citizens, and in others because they have been naturalized in some other country. It would seem inevitable that grave disputes would arise therefrom between the foreign office and the diplomatic representatives of the other countries, but in practice such disputes have been avoided for the most part-altogether so far as this legation is concerned.

There is no separate enactment in regard to naturalization and the acquisition of Dominican citizenship. By paragraph 5 of article 7 any foreigner who has acquired a permanent domicile here may, after two years of residence, become naturalized. He effects it by making application with proofs to the governor or other representative of the central government, and a letter of naturalization signed by the President and countersigned by a secretary of state, accordingly

issues.

I have, etc.,

T. C. DAWSON.