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To the diplomatic and certain consular officers of the United States. GENTLEMEN: I append hereto a copy of an order of the Department of State, dated July 3, constituting James B. Scott, esq., Solicitor for the Department of State, David Jayne Hill, esq., this Government's minister to the Netherlands, and Gaillard Hunt, esq., chief of the passport bureau of this Department, a board to inquire into the laws and practice regarding citizenship, expatriation, and protection abroad and to report thereon before December next. The board desires to ascertain:

1. The laws relating to citizenship in the country in which you reside;

2. The means by which citizenship in that country is lost;

3. Whether or not the law of that country authorizes the renunciation of citizenship, and, if so, the conditions for the reacquisition of the citizenship thus renounced;

4. Whether, and how far, residence in foreign parts may affect the citizenship of origin;

5. And, finally, the practice of the Government to which you are accredited in protecting its citizens permanently residing in other countries.

The law relating to naturalization and the acquisition of citizenship is also desired.

In answering this instruction you may furnish publications and appropriate references to them, together with transcripts from the laws and other recognized authorities.

You will reply to this instruction at the earliest practicable

moment.

I am, gentlemen, your obedient servant,

ROBERT BACON,

a See supra p. 4.

Acting Secretary.

ARGENTINE REPUBLIC.

CONSTITUTION."
[Translation.]

ART. 8. The citizens of each province enjoy in the other provinces all the rights, privileges, and immunities inherent in citizenship.

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ART. 20. Foreigners shall enjoy in the territory of the nation all the civil rights of citizens. They may carry on their industry, commerce, or profession, own real estate, buy and sell it, navigate the rivers and coasts, exercise their religion freely, make wills, and marry, all in conformity with the laws. They are not obliged to acquire citizenship, nor to pay extraordinary compulsory taxes. They may become naturalized by residing two years continuously in the nation, but the authorities may curtail this period in favor of one who requests it on the strength of services proven to have been rendered to the Republic. ART. 21. Every Argentine citizen is obliged to bear arms in defense of the country and of this constitution, in conformity with the laws enacted for this purpose by Congress and with the decrees of the national executive. Naturalized citizens are free to perform this service or not during a period of ten years from the date on which they obtain their citizenship papers.

ART. 67. The Congress shall have power:

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11. To enact *

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** general laws for the whole nation regarding naturalization and citizenship, based on the principle of citizenship by nativity.

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ART. 108. The provinces shall not

on citizenship and naturalization.

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** pass especially laws

[Enclosure in despatch from Mr. Beaupré, minister to Argentine Republic, No. 441, November 3, 1906.-Translation.]

LAW OF 1869.

Law No. 346 of October 8 on Citizenship.

The Senate and Chamber of Deputies.

TITLE I.-Argentines.

ART. 1. The following are Argentines:

1. All persons born or who may be born in the territory of the Republic, whatever be the nationality of their parents, with the exception of the children of foreign ministers and members of legations residing in the Republic.

2. The children of native Argentines who having been born in a foreign country choose the citizenship of origin.

3. Persons who are born in the legations and on the warships of the Republic.

Text as printed in Códigos y Leyes Usuales de la República Argentina (Buenos Aires, 1894), p. 1.

4. Persons who were born in the Republics which formed a part of the United Provinces of the Rio de la Plata before their emancipation, and who have resided in the territory of the nation, provided they declare their desire to be Argentines.

5. Persons who are born on neutral seas under the Argentine flag.

TITLE 2.-Citizens by naturalization.

ART. 2. The following are citizens by naturalization:

1. Foreigners over eighteen years of age who reside two years continuously in the Republic and declare their desire to be such before the federal district judges.

2. Foreigners who, whatever be the period of their residence, prove before the said judges either of the following services:

1. Having honorably held offices under the nation or the provinces, within or without the Republic.

2. Having served in the army or navy or having taken part in any warlike action in the defense of the nation;

3. Having established in the country a new industry or introduced a useful invention.

4. Operating or constructing railroads in any of the provinces.

5. Forming a part of colonies already established or which may be established in future, whether in national territory or in that of the provinces, provided they possess some real estate therein.

6. Settling or peopling national territory within or without the present boundary lines.

7. Having married an Argentine woman in any one of the prov

inces.

8. Practicing therein the vocation of teacher in any branch of education or industry.

ART. 3. The son of a naturalized citizen who was a minor at the time of the naturalization of his father and was born in a foreign country, may obtain his citizenship papers from the federal judge by virtue of having enlisted in the national guard at the period prescribed by law.

ART. 4. The son of a citizen who is naturalized in a foreign country may, after the naturalization of his father, obtain his citizenship papers by coming to the Republic and enlisting in the national guard at the age prescribed by law.

TITLE 3.-Procedure and requirements for obtaining citizenship

papers.

ART. 5. The children of native Argentines, born abroad, who choose the citizenship of origin, must prove before the proper federal judge that they are the children of Argentines.

ART. 6. Foreigners who have fulfilled the conditions mentioned in the preceding articles shall obtain naturalization papers, which shall be granted them by the federal district judge to whom they have applied therefor.

TITLE 4.-The political rights of Argentines.

ART. 7. Argentines who have attained the age of 18 years enjoy all the political rights conferred by the constitution and the laws of the Depublic.

ART. 8. Political rights shall not be exercised in the Republic by persons naturalized in a foreign country, by persons who have accepted office or honors from foreign governments without the permission of congress, by fraudulent bankrupts, or by persons who have received a sentence imposing an infamous penalty or the penalty of death.

ART. 9. Congress alone can grant rehabilitation to those who have lost the rights of citizenship.

TITLE 5.-General provisions.

ART. 10. No charge shall be made for citizenship papers or for performing any of the formalities connected with obtaining them.

ART. 11. The ministry of the interior shall send to all the district judges a sufficient number of printed copies of "citizenship papers," so that they may be issued under one and the same form.

TITLE 6.-Transitory provisions.

ART. 12. The children of a native-born Argentine and foreigners who are at present exercising the rights of Argentine citizenship are considered as native-born or naturalized citizens, respectively, without being subjected to any of the requirements established by this law, and having only to inscribe themselves in the National Civic Register.

ART. 13. All provisions contrary to the present law are hereby repealed.

ART. 14. Let the foregoing be communicated to the Executive.
BUENOS AIRES, October 1, 1869.

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SEC. 28. The full enjoyment of civil rights is acquired by virtue of citizenship. Citizenship in these hereditary States is inherent in the children of an Austrian citizen by virtue of birth.

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SEC. 29. Foreigners acquire Austrian citizenship by entering the public service; [by engaging in an industry the carrying on of which necessitates a regular domicile in the country;] by an uninterrupted residence of ten years in these States, provided the foreigner has not incurred punishment for any crime during this period.

[NOTE.] "All citizens are equally eligible to public offices. Foreigners must acquire Austrian citizenship in order to hold such offices."-St. G. G. v. 21 Dec. 1867, Nr. 142 R. G. B., art. 3.

64

The provision of sec. 29, according to which foreigners acquire Austrian citizenship by engaging in an industry the carrying on of which necessitates

a Edition by Dr. Joseph Baron von Schey, Vienna (1902).

H. Doc. 326, 59-2-18

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