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Mixed Claims Commission—United States and Germany: Mackenzie v. Germany*

Published online by Cambridge University Press:  04 May 2017

Abstract

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Type
Judicial Decisions Involving Questions of International Law
Copyright
Copyright © American Society of International Law 1926

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Footnotes

*

Established in pursuance of the agreement between the United States and Germany of August 10, 1922.Parker Edwin B., Umpire; Anderson Chandler P., American Commissioner; KiesselbachWilhelm, German Commissioner; Bonynge Robert W., American Agent; Lewinski Karl von, GermanAgent.

Headnotes and references in brackets inserted by the Editor of the JOURNAL. Lack of space prevents the publication of the disagreeing opinions of the two National Commissioners.

References

1 Dated April 17, 1925.

2 United States ʋ. Wong Kim Ark (1898), 169 U. S. 649.

3 Prior to the Act of March 2, 1907, there was no statute expressly providing that the taking of an oath of allegiance to a foreign state would work expatriation.

4 Acting Secretary of State Porter to Mr. Winchester, Minister to Switzerland, Foreign Relations of the United States (hereinafter cited as "Foreign Relations"), 1885, page 811;Secretary of State Bayard to Mr. Lee, Minister to Austria-Hungary, Foreign Relations,1886, page 12; Secretary of State Bayard to Mr. Vignaud, Minister of France, Foreign Relations,1886, page 303; Secretary of State Bayard to Count Sponneck, Minister of Denmark,Foreign Relations, 1888, page 489; Acting Secretary of State Seward, December 31,1878, to the American Minister at Paris concerning Henry Tirel, 20 MS. Instructions to France, 7.

5 See particularly General Instruction No. 919 (Diplomatic Serial No. 225-A) issued to the diplomatic and consular officers of the United States on November 24, 1923, by Secretary of State Hughes. See also Secretary of State Evarts to Mr. Cramer, Minister to Denmark (1880), III Moore's Digest of International Law (hereinafter cited as “Moore's Digest”),page 544; Acting Secretary of State Porter to Mr. Winchester, Minister to Switzerland,Foreign Relations, 1885, page 811, and III Moore's Digest, pages 545-546; Secretary of State OIney to Mr. Uhl, Ambassador to Germany (1896), III Moore's Digest, at page 551; Secretary of State Olney to Mr. von Reichenau, Foreign Relations, 1897, at page 183;Ex parte Chin King (Circuit court, District of Oregon, 1888), 35 Federal Reporter 354.

6 Secretary of State Fish to Mr. Niles, October 30, 1871, 91 MS. Dom. Letters 211, III Moore's Digest, page 762.

7 See particularly instruction by Secretary of State Hughes and other authorities cited in note 4, supra.