the nation by virtue of whose laws it exists. It is a familiar rule that a corporation can have no legal existence beyond the territorial limits of the sovereignty which creates it.

It exists by force of the law; and where that ceases to operate and is no longer obligatory, the corporation can have no existence. It cannot migrate to another sovereignty, and can only have transactions from its home, through its agents. The Baltimore and Ohio Railroad Co. c. Glenn, 28 Maryland Rep., 287. See The Bank of Augusta v. Earle, 13 Peters' U. S. Supreme Ct. Rep., 519, Opinion of TANEY, Ch. J.

It is held, that a corporation chartered by two States, with the same capacities and powers, and intended to accomplish the same objects, exercising the same powers, and fulfilling the same duties in both States, is a distinct and separate body in each State. County of Allegheny r. Cleveland & Pittsburgh R. R. Co., 51 Pennsylvania Rep., 228.

Change of national character.

258. The national character of any person may be changed by expatriation and naturalization.

There are some other apparent cases of a loss of national character; such, for instance, as the French rule, that a Frenchman accepting, without authority from his government, public functions confided to him by a foreign nation, loses the quality of Frenchman; Code Napoleon, Art. 17; but these should rather be regarded as a denial of the rights or privileges of national character. In respect of the obligations or subjection of the individual, the national character should be deemed to continue until another is acquired.

Political privileges unaffected by marriage.

259. Marriage gives to the wife the privileges of the national character of her husband,' but does not deprive her of the privileges of that which she had before marriage,' except as prescribed by the next article.

11 Phillimore's Intern. Law, p. 350.

2 This should seem to be the proper rule. Marriage "may change her civil rights, but it does not affect her political rights or privileges." STORY, J., in Shanks v. Dupont, 3 Peters' U. S. Sup. Ct. Rep., 246.

The marriage of a woman in her own country with a foreigner domiciled therein, should certainly not denationalize her. The objection of double allegiance does not preclude her enjoying the privileges. As to the effect of marriage on nationality, see Annual Register. 1868.

By the British “Naturalization Act, 1870,” (33 Vict., c. 14, § 10,) a married woman is to be deemed a subject of the State of which her husband is for the time being a subject.

Effect of marriage and removal.

260. If, before or after her marriage, the domicil of

a woman is permanently removed from the territory of the nation to which she previously belonged, she acquires by such marriage and removal the national character of her husband.

This provision covers two classes of cases: 1. Where a woman emigrates while unmarried, and marries abroad, or in her own country, if only visiting there; 2. Where she marries at home, and afterwards emigrates. No difference is recognized between emigration to the husband's country and emigration to another. So long as she remains in her native land, there are evident reasons for allowing her to retain her original nationality. But if an Englishwoman marries a Frenchman, and they both emigrate to America, there is no reason for continuing to her the rights or duties of the English character,

SECTION II.

ALLEGIANCE.

ARTICLE 261. Allegiance" defined.

262. Extinguishment of allegiance.

263. Renewal of allegiance.

Allegiance" defined.

261. Allegiance is the obligation of fidelity and obedience which a person owes to the nation of which he is a member, or to its sovereign.

Extinguishment of allegiance.

262. Allegiance is extinguished:

1. By expatriation, and a formal act of renunciation ; 2. By discharge therefrom by the nation or sovereign entitled thereto;

3. By change of national character, in the case mentioned in article 260.

At present no formal act is required except by municipal law. The "fact of renunciation is to be established like other facts for which there “is no prescribed form of proof, by any evidence which will convince the “judgment." 9 Opinions of U. S. Attorneys-General, (Aug. 17, 1857,) pp. 63, 64.

It has been suggested that a legal sentence of banishment from the

jurisdiction of a nation, ought to dissolve the allegiance of the banished person thereto, for the period during which the sentence is actually carried into effect, because by banishment the sovereign withdraws his protection, and ought to give up the correlative allegiance.

But to the contrary, see 1 Phillimore's Intern. Law, 349.

Moreover, if the right of expatriation is recognized, as it is proposed by this Chapter, the exile can dissolve his allegiance by acquiring another nationality.

Renewal of allegiance.

263. Allegiance is revived by the voluntary return of the person to the territorial limits of his former country, and there acquiring a domicil, before naturalization elsewhere.

SECTION III.

EXPATRIATION.

ARTICLE 264. “Expatriation" defined.
265. Intent.

266. Expatriation a right.

267. Effect of expatriation.

"Expatriation" defined.

264. Expatriation is the act of abandoning the territory of the nation of which the person is a member, with intent to become naturalized elsewhere.

Intent.

265. The intent mentioned in the last article may be formed at the time of the abandonment or afterwards, and may be proved like any other similar fact.

Expatriation a right.

266. Subject to the laws defining civil incapacities depending upon age, mental condition, personal domestic relations, and public service, every member of a nation, however his national character may have been acquired, has the right of expatriation, which cannot be impaired or denied.

No person is punishable for the act of expatriation, "not even though at a later day he should have lost his adopted citizenship." Protocol Bavarian Treaty, May 26, 1868, II., 1, 15 U. S. Statutes at Large, (Tr.,) 149.

The nation of which a person has become a member by naturalization, is bound to allow his subsequent naturalization elsewhere, and to retain him as one of its members until such subsequent naturalization. Protocol Bavarian Treaty, May 26, 1868, III., 2, 15 U. S. Stat. at L., (Tr.,) 149. Effect of expatriation.

267. Expatriation does not change the national character of the person until completed by naturalization, but meantime he is entitled to be protected by the country whose naturalization he is seeking.

By the treaties of the United States with Prussia and Bavaria, 1868, (15 U. S. Stat. at L., 115, 147,) an exception is made to this rule in the case of a naturalized citizen returning to the nation of his origin. Those treaties in effect provide that where an emigrant who has been naturalized abroad returns to his native country with intent to remain there, his naturalization in his adopted country cannot prevent him from regaining his former citizenship. If he renews his residence in his original country without the intent to return to the former, he shall be held to have renounced his naturalization; and that the intent of a naturalized citizen, who has renewed his residence in his original country, may be held to exist when the person naturalized in the one country resides more than two years in the other country.

"Naturalization" defined.

268. Naturalization is the act by which membership in one nation, however acquired, is renounced, and membership in another is assumed."

Neither the acceptance by a foreigner of the rights and duties of a member of the nation, under article

2

248, nor the declaration of intention to acquire a new national character, constitutes naturalization, within the meaning of this Section.

1 This form of expression is used so as clearly to include a re-adoption of the native or other prior national character, after naturalization elsewhere; sometimes styled "repatriation”; e. g., by Lord STANLEY, Annual Register, (N. S.,) 1869, p. 133.

2 Treaty between the United States and

Baden, July 19, 1868, Art. I., U. S. Cons. Reg., (1870,) ¶¶ 718.

Naturalization not obligatory.

269. Each nation is to judge for itself whom it will receive into naturalization.

Protocol Bavarian Treaty, III., 2, 15 U. S. Stat. at L., (Tr.,) 149.

By Article III. of the convention between the United States and Great Britain, May 13, 1870, (U. S. Cons. Reg., (1870,) ¶ 738,) the re-admission to the character of a citizen of the United States of one who desires to renounce a naturalization in Great Britain, is dependent tions as that government may think fit to impose."

Effect of naturalization.

66

on such condi

270. A person naturalized according to the provisions of this Section, becomes immediately a member of the nation by which the naturalization is conferred, but he must, within a reasonable time thereafter, send a copy of the record of naturalization to a public minister or consul of the nation to which he previously belonged, resident in the territory of the nation which thus adopts him.' Till this is done, the nation or sovereign which he has left may reclaim him.

1 This condition is new. It is inserted to prevent the practice of obtaining a naturalization, and subsequently attempting to enjoy the privileges of the previous national character. This fraud is stated to have greatly increased of late. U. S. Consular Regulations, (1870,) ¶ 110.

Absentees cannot be naturaiized.

271. No person can be naturalized who is not at the time actually within the territorial limits of the nation by which he is naturalized.' But this article does not apply to a person whose last allegiance is extinguished pursuant to the second subdivision of article 262.

1 “The Naturalization Act, 1870,” (33 Vict., c. 14,) § 6, makes the actual