Shanks v. Dupont (1830)

In Shanks v. Dupont (1830) 28 U.S. 242, the Supreme Court held that the relation between the body politic and its members, continues the same, notwithstanding a change of government. Mr. Justice Story, delivering the judgment of the court, said: "The general doctrine is, that no persons can by any act of their own, without the consent of the government, put off their allegiance, and become aliens." And on this ground it was held that the marriage of a woman citizen with an alien did not change her allegiance to the United States. There was, at that time, no legislation permitting expatriation. Justice Story said, "Neither did the marriage with Shanks produce that effect; because marriage with an alien, whether a friend or an enemy, produces no dissolution of the native allegiance of the wife. It may change her civil rights, but it does not affect her political rights or privileges. The general doctrine is, that no persons can, by any act of their own, without the consent of the government, put off their allegiance, and become aliens." And "if a treaty admits two interpretations, one of which will further and the other one of which will exclude private rights, the most liberal exposition should be adopted."