In a letter addressed to the American diplomatic and consular officers by Hon. Charles E. Hughes, Secretary of State, November 24, 1923, he stated that the taking of an oath of allegiance to a foreign country by an American national during minority, and when the United States is at peace, cannot be deemed by itself as serving definitely to expatriate him as an American. Judge John Bassett Moore states that the mere fact of entering into foreign military service does not divest either nationality or domicile, nor amount to renunciation of American citizenship. Moore, Int. Law Digest, vol. 3, p. 730 et seq.
United States ex rel. Baglivo v. Day, 28 F.2d 44 (S.D.N.Y., 1928)
Quoted in
1. Boissonnas v. Acheson, 101 F.Supp. 138 (S.D.N.Y., 1951) October 19, 1951
…to America; that being an infant when she executed the Declaration of December 12, 1933, she could not effectively renounce her citizenship then and did not do so at any subsequent time, Attorney General Page 145 of U. S. v. Ricketts, 9 Cir., 165 F.2d 193; U. S. ex rel. Baglivo v. Day, D.C., 28 F.2d 44; that under the provisions of the Cable Act of 1942, 42 Stat. 1022, plaintiff could not have expatriated herself by marriage alone, that formal renunciation was essential and this she never did and that defendant failed to show that plaintiff has acquired French nationality under the…
2. Federici v. Clark, 99 F.Supp. 1019 (W.D. Pa., 1951) September 21, 1951
… Notes: 1. Since he did not attain his majority until shortly before his induction into the Army in 1935, prior to the Nationality Act of 1940, 8 U.S.C.A. § 501 et seq., the rule stated in United States ex rel. Baglivo v. Day, D.C.S.D.N.Y., 28 F.2d 44 is applicable. Cf. Miranda v. Clark, 9 Cir., 180 F.2d 257. 2. Born in Edenboro, Pennsylvania, June 14, 1916. 3. Savorgnan v. United States, 338 U.S. 491, 503, 70 S.Ct. 292, 94 L.Ed. 287. 4. The changes in the law with reference to minors are not involved since plaintiff was 21 on February 10, 1935, prior to his induction. 5…
3. Tomasicchio v. Acheson, 98 F.Supp. 166 (D.D.C., 1951) June 18, 1951
…if the plaintiff took an oath of allegiance upon being drafted into the Italian Army, he was then a minor and, consequently, the taking of the oath did not operate as an expatriation, United States ex rel. Baglivo v. Day, D.C., 28 F.2d 44. The final contention made by the Government is that the plaintiff became expatriated by “Voting in a political election in a foreign state”, 8 U.S.C.A. § 801(e). The plaintiff admits that he voted in Italy at an election for mayor in March 1946, although he claims to have cast a blank ballot. He also admits that he voted in…
4. Podea v. Marshall, 83 F.Supp. 216 (E.D.N.Y., 1949) February 24, 1949
…infant could not divest himself of such citizenship, whether by his own acts, or the acts of his parents. In re Reid, D.C., 6 F.Supp. 800, 805; McCampbell v. McCampbell, D.C., 13 F.Supp. 847, 849; United States ex rel. Baglivo v. Day, D.C., 28 F.2d 44; Perkins v. Elg, supra, 307 U.S. at page 334, 59 S.Ct. 884, 83 L.Ed. 1320. Consequently, the naturalization of plaintiff’s parents as Roumanian citizens while he was an infant had no legal effect upon plaintiff’s American citizenship. True, under Roumanian law, he thereby became a national of Roumania, and was subject to its laws while in…
5. Yuichi Inouye v. Clark, 73 F.Supp. 1000 (S.D. Cal., 1947) September 5, 1947
…acquired under the Constitution of American citizenship “can only be lost or changed by the act of the party when arrived at majority, and the consent of the government.” In the case of United States ex rel. Baglivo v. Day, D.C., 28 F.2d 44, it appears that Baglivo born in the United States was excluded as an alien not in possession of an immigration visa who went to Italy and endeavored to return and while in Italy he was in the Italian Military Service. The court held that: “A native-born citizen, who has not attained the age of 21 years, cannot renounce allegiance to the…
6. Perkins v. Elg Elg v. Perkins, 307 U.S. 325, 59 S.Ct. 884, 83 L.Ed. 1320 (1939) May 29, 1939
…Circulars’ relating to citizenship, etc., issued by Department of State, 1925, containing instructions to Diplomatic and Consular Officers under date of November 24, 1923, pp. 118, 121, 122; United States ex rel. Baglivo v. Day, D.C., 28 F.2d 44. 7 See also, Mr. Uhl, Acting Secretary of State to Mr. Rudolph, May 22, 1895, 202 MS.Dom.Let. 298; Moore, Int.Law Dig., Vol. III, p. 534. 8 15 Stat. 223, 8 U.S.C.A. §§ 13—15. 9 Van Dyne, op. cit., p. 269; Borchard, op. cit., Sec. 315; Hyde, op. cit., Sec. 376. 10 17 Stat. 809. 11 North German Confederation, 1868, 15 Stat..
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