Abstract
The Attorneys General have rendered numerous opinions on territory and nationality. Of these, some have construed general international law. Others have dealt with legal problems created by the various treaties of cession that have accompanied the territorial expansion of the United States. Many opinions, however, have been confined to interpretation of domestic statutes, and opinions in this last category are important mainly as evidence of United States practice regarding territory and citizenship.
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References
OAG 364 (1859). The opinion did not settle the question of who was entitled to exploit the guano beds; see Moore, Digest, vol. 1, p. 569. In 1899, Britain laid claim to the islands, but later relinguished her claim; see Hackworth, Digest, vol. 1, p. 510.
OAG 406 (1859). The President then declined “to take any measures by which the said island would be considered as appertaining to the United States.” See Moore, Digest, vol. 1, p. 572.
OAG 321 (1862); 10 OAG 328 (1862). Bates did not affirm the rule “in such exceptional cases as the birth of children to foreign ambassadors and the like.”
By 24 Stat. 390 (1887) certain classes of Indians (those who severed tribal relations, for example) were declared to be citizens. Present law provides that a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe shall be a national and citizen; 66 Stat. 235 (1952).
Gettys, Law of Citizenship in the United States,p. 161; William’s Case, Fed. Case No. 17, 708 (1799).
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© 1957 Martinus Nijhoff, The Hague, Netherlands
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Deener, D.R. (1957). Territory and Nationality. In: The United States Attorneys General and International Law. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-9570-6_10
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DOI: https://doi.org/10.1007/978-94-011-9570-6_10
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