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 lega

tion 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.

[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.

[Translation.]

CHAPTER I.-The enjoyment of civil rights.

ARTICLE 8. Every Dominican shall enjoy civil rights.

ARTICLE 9. 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.

§ 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.