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Richardson, James D. (James Daniel), 1843-1914

"Volume 7, part 1: Ulysses S. Grant"


Until the year 1868 it was left, embarrassed by conflicting opinions of
courts and of jurists, to determine how far the doctrine of perpetual
allegiance derived from our former colonial relations with Great Britain
was applicable to American citizens. Congress then wisely swept these
doubts away by enacting that--
Any declaration, instruction, opinion, order, or decision of any officer
of this Government which denies, restricts, impairs, or questions the
right of expatriation is inconsistent with the fundamental principles of
this Government.
But Congress did not indicate in that statute, nor has it since done so,
what acts are to be deemed to work expatriation. For my own guidance
in determining such questions I required (under the provisions of the
Constitution) the opinion in writing of the principal officer in each
of the Executive Departments upon certain questions relating to this
subject. The result satisfies me that further legislation has become
necessary. I therefore commend the subject to the careful consideration
of Congress, and I transmit herewith copies of the several opinions of
the principal officers of the Executive Departments, together with other
correspondence and pertinent information on the same subject.


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