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Expatriation Act of 1868
The Expatriation Act of 1868 was an act of the 40th United States Congress regarding the right to renounce one's citizenship. It states that "the right of expatriation is a natural and inherent right of all people" and "that any declaration, instruction, opinion, order, or decision of any officers of this government which restricts, impairs, or questions the right of expatriation, is hereby declared inconsistent with the fundamental principles of this government". Its intent was to counter other countries' claims that U.S. citizens owed them allegiance; it was an explicit rejection of the feudal common law principle of perpetual allegiance.
The Expatriation Act of 1868 was codified at 25 Rev. Stat. (§ 1999 ), and then by 1940 had been re-enacted at .〔〔; the source does not specify the exact date of re-enactment〕 It is now the last note to .
==Background==
The United States had, since its early days, implicitly denied the doctrine of perpetual allegiance through its naturalization laws. President Thomas Jefferson wrote to Treasury Secretary Albert Gallatin that "I hold the right of expatriation to be inherent in every man by the laws of nature … the individual may (such right ) by any effectual and unequivocal act or declaration". Other countries, however, did not recognise this position; indeed, the British Royal Navy's impressment of American sailors was one of the ''casus belli'' provoking the U.S. to join the War of 1812. Those countries' non-recognition of renunciation of their citizenship continued to cause problems for naturalized Americans during the course of the century. In the 1860s, France as well as various German and Scandinavian states attempted to conscript their natives who had become U.S. citizens when they went back to their homelands for short visits.〔 France, Italy, and Switzerland however at least had procedures for abjuring one's original allegiance; Greece, Russia, and the Ottoman Empire did not have such procedures at all, and even sometimes punished their natives for acquiring U.S. citizenship.
In response to this, President Andrew Johnson called on Congress in his Second Annual Message in December 1866 to assert "the principle so long maintained by the executive department that naturalization by one state fully exempts the native-born subject of any other state from the performance of military service under any foreign government".〔 The problem was illustrated more acutely the following year when Britain charged naturalized Americans John Warren and Augustine Costello of the Fenian Brotherhood under the Treason Felony Act 1848.〔 Johnson used this example to illustrate the urgency of the problem in his Third Annual Message in December 1867, stating that it "perplexes the public mind concerning the rights of naturalized citizens and impairs the national authority abroad".〔
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