[Enclosure.] CONSTITUTION. [Translation.] TITLE 2.-Dominicans. ARTICLE 7. The following are Dominicans: First. All persons who have been or may be born within the territory of the Republic, whatever be the nationality of their parents. Second. The children of Dominican fathers or mothers who were born in another territory, if they come to the country and establish their domicile in it. Third. All natives of the Spanish-American republics, and those of the neighboring Antilles who may desire to be Dominicans, after they have resided one year within the territory of the Republic and provided they manifest this desire by taking an oath to defend the interests of the Republic, before the governor of the province or district where they reside and have obtained their naturalization papers. Fourth. All persons naturalized according to the laws. Fifth. All foreigners of any friendly nation, provided they establish their domicile within the territory of the Republic and declare their desire to become Dominicans, and provided they shall have resided here at least two years and expressly renounce their nationality before the proper authority. For the purposes of this article the legitimate children of foreigners residing in the Republic as representatives or in the service of their country shall not be considered as being born within the territory of the Republic. ARTICLE 8. No Dominican shall be recognized as having any other than Dominican nationality while he resides in the Republic. ARTICLE 7. # CIVIL CODE.a [Translation.] CHAPTER I.-The enjoyment of civil rights. ARTICLE 8. Every Dominican shall enjoy civil rights. First. All persons who have been or may be born within the territory of the Republic, whatever be the nationality of their parents. For the purposes of this article the legitimate children of foreigners residing in the Republic as representatives or in the service of their country shall not be considered as being born within the territory of the Republic. Second. All natives of the Spanish-American republics and those of the neighboring Antilles who may desire to be Dominicans, after they have resided one year within the territory of the Republic. Third. All persons naturalized according to the laws. Fourth. All foreigners of any friendly nation, provided they establish their domicile within the territory of the Republic and declare their desire to become Dominicans, and provided they shall have resided here at least two years and expressly renounce their nationality before the proper authority. ARTICLE 10. The children of Dominican fathers or mothers who were born in another territory, if they come to the country and establish their domicile in it. ARTICLE 11. A foreigner shall enjoy the same civil rights in the Republic as those granted to Dominicans by the treaties of the nation to which the foreigner belongs. ARTICLE 12. A foreign woman married to a Dominican shall follow the status of her husband. ARTICLE 13. A foreigner whom the Government has allowed to establish his domicile in the Republic shall enjoy all civil rights while he resides in the country. ARTICLE 14. A foreigner, although he may not reside in the Republic, may be summoned before the courts of the latter for the purpose of compelling him to carry out obligations contracted by him in the Republic and with a Dominican; he may also be brought before the courts with regard to obligations contracted in a foreign country with Dominicans. CHAPTER II.-The loss of civil rights. ARTICLE 17. The rights of citizenship are lost: First. By serving or engaging to serve against the Republic. Second. By having been sentenced to a penalty involving corporal or infamous punishment. Third. By accepting, within Dominican territory, employment from a foreign government without the consent of the National Congress. Fourth. By committing fraudulent bankruptcy. ARTICLE 18. All Dominicans except those who have lost their rights through the cause set forth in the first paragraph of the foregoing article may be reinstated therein. ARTICLE 19. A Dominican woman who contracts marriage with a foreigner shall follow the status of her husband. If she becomes a widow, she shall recover her Dominican nationality provided she resides in or returns to the Republic and by declaring that she desires to settle again within Dominican territory. ARTICLE 20. Persons who recover their Dominican nationality in the cases contemplated in articles 10, 18, and 19 shall not be entitled to avil themselves thereof until they have fulfilled the conditions imposed by said articles, and then only with regard to the exercise of such rights as are granted them after that time. ARTICLE 21. A Dominican who, without the authorization of the Government, enlists in a foreign army or affiliates himself with any foreign military body, shall lose his Dominican nationality; he shall not be allowed to return to the Republic except by permit of the Government, and he shall only recover his Dominican nationality by fulfilling the conditions imposed on a foreigner in order to acquire such nationality. All of which shall be without prejudice to the penalties provided by the criminal law against Dominicans who have taken up or may take up arms against their country. ECUADOR. Mr. Lee, minister to Ecuador, to Mr. Root, Secretary of State, November 15, 1906. AMERICAN LEGATION, Quito, November 15, 1906. SIR: Referring to the Department's instruction of October 24, I have the honor to embody herewith the Ecuadorean regulations concerning citizenship, expatriation, protection of citizens, etc. The following are considered Ecuadoreans: 1. Those persons born in Ecuadorean territory and of Ecuadorean parents. 2. Those born in the same territory and of foreign parents who are residents in the country, if they do not make known their intention of keeping the nationality of their fathers. 3. Foreigners who profess the sciences, arts, industries, or who are proprietors in the country, declare their intention to become Ecuadoreans, and obtain naturalization papers. 4. Foreigners who obtain from Congress naturalization papers for services rendered to the Republic. 5. Those born in foreign territory of Ecuadorean parents and who declare their intention to keep the nationality of their fathers. Ecuador protects its citizens in foreign countries in accordane with the usual practices of international law. Ecuadoreans can be naturalized in foreign countries and regain their original nationality after some years' residence in Ecuador, and if they declare their intention to become again Ecuadoreans. I have, etc., JOSEPH W. J. LEE. CONSTITUTION (1897). [Translation."] CHAPTER II. SECTION 1. Of the Equatorians. 6. The following are Equatorians: (1) Those who are born in the territory of the Equator of Equatorian father or mother; (2) Those born in the said territory of foreign parents if they reside therein; (3) Those who, born in a foreign state of Equatorian father or mother, come to reside in the Republic and express their wish to become Equatorians; (4) Natives of other countries who may be in the enjoyment of Equatorian nationality; (5) Foreigners who profess science, art, or useful industry, or who may be owners of real property or invested capital, and who, after having resided one year in the Republic, declare their intention of becoming domiciled therein and obtain letters of naturalization; (6) All who obtain nationality rights for services to the Republic; 7. No Equatorian, even although he may acquire another nationality, shall be exempted from the duties imposed by the constitution and the laws so long as he remains domiciled in the Republic. SECTION 2. Of the citizens. 8. To be a citizen it is necessary to be 18 years of age and able to read and write. 9. The rights of citizenship are lost (1) By entering the service of a nation at war with the Republic; (2) By naturalization in another country; and (3) In the other cases determined by the laws. 10. Equatorians who may have lost the rights of citizenship shall be able to obtain rehabilitation from the Senate; but those sentenced to confinement or imprisonment for a term exceeding six months shall not obtain rehabilitation until their sentence has expired. Any Equatorian who may be naturalized in another country shall recover his rights of citizenship if he returns to the Equator and, renouncing his foreign nationality, declares his intention of reassuming Equatorian citizenship. 11. The rights of citizenship are suspended (1) By judicial interdiction; (2) By judicial sentence pronounced in consequence of infractions of the law which entail the loss of the rights of citizenship; and (3) By judicial sentence against a public official or functionary. a Text as printed in 89 British and Foreign State Papers, 1095. FRANCE. [Enclosure in despatch from Mr. Vignaud, chargé d'affaires, August 1, 1906.] [Memorandum.] FRENCH CITIZENSHIP. I. French citizens by birth: Are French 1. Those born in France of a Frenchman. (Law of June 26, 1889, art. 8, new, sec. I of the Civil Code.) 2. Those born in a foreign country of a Frenchman. (Ibid.) 3. Those born in France of unknown parents or of parents whose nationality is unknown. (Ibid., sec. 2.) 4. Those born in France of an alien. (Ibid., sec. 4.) With regard to this last class of individuals, the law states that they are French if at the time of their majority they are domiciled in France; but in fact the authorities assume that they are always so domiciled. Practically every individual born in France is held to be French. II. French citizens by naturalization: Naturalization is conferred in France by the executive and not by the courts of justice. The courts, however, have jurisdiction in cases of contested nationality. Are naturalized French in pursuance of the law without making any application— 1. The alien woman who marries a Frenchman. 26th, 1889, art. 12, new, of the Civil Code.) (Law of June 2. The minor children of an alien who becomes French. (Ibid.) III. Those who may be naturalized on their application: 1. Aliens who have obtained permission to establish their domicile in France, after three years of such domicile. (Same law, art. 8, sec. 5, new, of the Code.) 2. Aliens who can show an uninterrupted residence of ten years. (Ibid.) 3. Aliens who have fulfilled abroad during ten years duties conferred by the French Government. (Ibid.) 4. Aliens who have been admitted to domicile in France after one year of such domicile, if they have rendered any service in France or displayed exceptional talents. (Ibid.) 5. Aliens who marry a French woman, after one year of authorized domicile. (Ibid.) 6. The woman married to an alien who becomes French by naturalization. (Same law, art. 12, new, of the Code.) (Ibid.) 7. The children of full age of a naturalized alien. 1. Those born in France of an alien who, during the year following their majority, claim the nationality of their father, provided they produce (1) a certificate of the government of the country to which they claim to belong supporting such a claim, and (2) another certificate from the same government stating that they have responded to the military call of the country or that they are not subject to such a call. (Same law, art. 8, sec. 4, new, of the Code.) (Through their embassies or legations most of the European governments furnish those certificates when needed. As our only form of certifying to American citizenship is a passport, and as a passport is not considered by the French authorities as answering to the certificate mentioned by the law, this embassy couples with the passport a statement that it is equivalent to said certificate.) 2. Those who have discharged all their military obligations toward France in the active army and in the reserve of the active army. (Same law, art. 17, sec. 1, new, of the Civil Code.) 3. The minor children of a naturalized Frenchman when coming of age and during the year following their majority, but not later on. (Same law, art. 12, new, of the Code.) V. Frenchmen who can not change their nationality without the consent of the Government: 1. Those born in France of an alien who was himself born French. (Same law, art. 8, sec. 3, new, of the Civil Code.) 2. Those who are still subject to military service in the active army and in its reserve. (Art. 17, new, of the Civil Code.) VI. Conditions under which Frenchmen may cease to be French: 1. By being naturalized abroad. (Art. 17, sec. 1, new, of the Civil Code.) 2. By accepting military service or official functions in a foreign country. (Art. 17, sec. 4.) But in either case a Frenchman remains French if at the time of his naturalization or of his taking service abroad he is still liable to military service in France. (Art. 17.) 3. By the marriage of a French woman to an alien, unless, according to the law of the country of her husband, she does not assume his nationality. (Art. 19 of the Civil Code.) Formerly permanent establishment in a foreign country was considered as evidence of no intention of returning to France and involved the loss of French nationality; but that clause of the Code has been repealed. A Frenchman remains French as long as he does not renounce his nationality and assume another one by an act of his own volition. In short, the French system with regard to nationality can be summed up in the two following propositions: 1. Are French all those born in France, whatever the nationality of their parents may be, and all those born abroad from a French father. 2. No Frenchman can legally be naturalized abroad before having been released from all military obligations in France, unless it be with the permission of the Government-a permission which is very seldom granted. It is to be noted that the naturalization of a Frenchman acquired by him during the time he is liable to military service is considered as void even after he has passed the age during which he might have been called for such service. PARIS, August 1, 1906. HENRY VIGNAUD. |