1868 Expatriation · Founding Made Plain

1868Expatriation: · Statute
Expatriation Act
2July 27, 1868
Stat. 223
4An Act concerning the Rights of American Citizens
  in foreign States.
6Whereas the right of expatriation
  is a natural and inherent right of all people,
  indispensable to the enjoyment of the rights 
      of life, 
      liberty, and 
      the pursuit of happiness;
12and whereas in the recognition of this principle
  this government has 
      freely received emigrants
      from all nations,
  and invested them
      with the rights of citizenship;
18and whereas it is claimed
  that such American citizens,
      with their descendents,
  are subjects of foreign states,
      owing allegiance
      to the governments thereof;
24and whereas it is necessary
  to the maintenance of public peace
  that this claim of foreign allegiance
      should be promptly and finally disavowed:
28Therefore,
29Be it enacted
  by the Senate and House of Representatives
  of the United States of America
  in Congress assembled,
33That any declaration, instruction, opinion,
  order, or decision
  of any officers of this government which 
      denies, 
      restricts, 
      impairs, 
      or questions
      the right of expatriation,
  is hereby declared inconsistent
      with the fundamental principles
      of this government.
44Sec. 2. And be it further enacted,
45That all naturalized citizens
  of the United States,
  while in foreign states,
  shall be entitled to,
  and shall receive 
      from this government,
  the same protection of persons and property
      that is accorded to native-born citizens
      in like situations and circumstances.
54Sec. 3. And be it further enacted,
55That whenever it shall be made known
  to the President
  that any citizen of the United States
      has been unjustly deprived of his liberty
      by or under the authority
          of any foreign government,
  it shall be the duty of the President
      forthwith to demand of that government
      the reasons for such imprisonment,
  and if it appears to be wrongful
      and in violation of the rights
          of American citizenship,
  the President shall forthwith demand
      the release of such citizen,
  and if the release so demanded
      is unreasonably delayed or refused,
  it shall be the duty of the President
      to use such means,
          not amounting to acts of war,
      as he may think necessary and proper
          to obtain or effectuate such release,
  and all the facts and proceedings
      relative thereto
      shall as soon as practicable
      be communicated by the President
          to Congress.
81Approved, July 27, 1868.
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