Bancroft Treaties facts for kids

George Bancroft before becoming a U.S. Minister to Prussia.

The Bancroft treaties were special agreements made between the United States and other countries. These agreements happened mostly in the late 1800s and early 1900s. They were about citizenship and nationality. They recognized that people from one country could become naturalized citizens of another. The treaties also explained when a person might be thought to have given up their new citizenship and gone back to their old one.

Why These Treaties Were Made

These treaties are named after George Bancroft (1800–1891). He was a historian and a diplomat. He helped create the first of these agreements with Prussia.

The main goal of the Bancroft treaties was to stop people from changing their citizenship just to avoid duties. For example, they couldn't avoid military service or other legal responsibilities in their home country.

From 1868 to 1937, the United States made 25 Bancroft treaties. These covered 34 different countries. Most treaties had three main parts:

• First, they explained how each country would recognize new citizens. Usually, a person had to live in their new country for five years without leaving.
• Second, they said that new citizens who went back to their home country could still be charged with crimes. These were crimes they might have done before they moved away.
• Third, and most important, if a new citizen stayed in their original country for two years, they were assumed to have their old nationality back. This meant they might have to do military service there. It also meant their new country might not protect them anymore.

For example, a treaty with Portugal in 1908 said:

If a Portuguese person became an American citizen, but then lived in Portugal again without planning to return to America, they would be seen as giving up their American citizenship. The same was true for an American who became a Portuguese citizen. If they lived in the United States again without planning to return to Portugal, they would be seen as giving up their Portuguese citizenship.

If someone lived in their old country for more than two years, it was assumed they did not plan to return to their new country.

Why the Treaties Became Outdated

When the Bancroft treaties were first made, it wasn't common for people to change their citizenship. These treaties were a big step forward. They helped other governments accept that their citizens could become American citizens.

However, American constitutional law eventually made these treaties less useful. The Supreme Court made some important decisions.

In 1964, in a case called Schneider v. Rusk, the Supreme Court said a law was wrong. This law would have taken away citizenship from naturalized Americans. This happened if they lived in their home country for three years.

Then, in 1967, in Afroyim v. Rusk, the Supreme Court made another big ruling. It said that Congress cannot take away anyone's citizenship. This is true whether they were born a citizen or became one later.

These decisions showed that the Bancroft treaties might not hold up in court anymore. It seemed unlikely that someone could lose their citizenship against their will because of these treaties.

Ending the Bancroft Treaties

Because the Bancroft treaties were no longer easy to enforce, the government decided to end them. In 1980, President Jimmy Carter's administration ended the treaties with 18 countries. Only treaties with Albania, Bulgaria, and Czechoslovakia remained.

The treaty with Albania ended in 1991. This was when Albania and the United States started having diplomatic relations again. The treaty with the Czech Republic and the Slovak Republic (which used to be Czechoslovakia) ended in 1997. Finally, the treaty with Bulgaria ended during President Barack Obama's time in office.

When Treaties Ended by Country

Termination by countries

Country	Date Signed	Year Terminated	Reason for Termination
North German Confederation (Prussia)	February 22, 1868	1917	Never restarted after World War I
Bavaria	May 26, 1868	1871	German Empire was formed
Mexico	July 4, 1868		Ended by Mexico
Baden	July 19, 1868	1871	German Empire was formed
Württemberg	July 27, 1868	1871	German Empire was formed
Hesse	August 1, 1868	1871	German Empire was formed
Belgium	November 16, 1868	1980	Ended by President Jimmy Carter
Union between Sweden and Norway	May 26, 1869	1980	Ended by President Jimmy Carter
Austro-Hungarian Empire	September 20, 1870	1917	Never restarted after World War I
United Kingdom	February 23, 1871	1953	Ended by the United Kingdom
Denmark	July 20, 1872	1980	Ended by President Jimmy Carter
Haiti	March 22, 1902	1980	Ended by President Jimmy Carter
Pan-American Conference	August 13, 1906		Several countries left the treaty
El Salvador	March 14, 1908	1980	Ended by President Jimmy Carter
Brazil	April 27, 1908	1951	Ended by Brazil
Uruguay	August 10, 1908	1980	Ended by President Jimmy Carter
Portugal	May 7, 1908	1980	Ended by President Jimmy Carter
Honduras	June 23, 1908	1980	Ended by President Jimmy Carter
Peru	October 15, 1907	1980	Ended by President Jimmy Carter
Nicaragua	December 7, 1908	1980	Ended by President Jimmy Carter
Costa Rica	June 10, 1911	1980	Ended by President Jimmy Carter
Bulgaria	November 23, 1923	2017	Ended by President Barack Obama
Czechoslovakia	July 16, 1928	1997	Ended between Czech Republic and the Slovak Republic
Albania	April 5, 1932	1991	Ended when Albania and the United States restarted diplomatic relations
Lithuania	October 18, 1937	1980	Ended by President Jimmy Carter