should certify to the facts under his seal and should transmit the certification to this department. If the citizen who has thus acquired foreign naturalization was a naturalized citizen of the United States, the fact should be stated in the certification and the certificate of American naturalization should, if possible, be taken up and forwarded to the department with the certification. The form of the certification shall be as follows:

I, A. B. (name and rank of certifying officer), hereby certify that C. B., a citizen of the United States by birth (or naturalization), has secured naturalization as a citizen of --, the proof of such naturalization being as follows: (If he was a citizen of the United States by naturalization, a statement of the date and place of his naturalization in the United States should follow.) In testimony whereof I have hereunto signed my name and affixed my seal of office.

[L. S.]

When a naturalized citizen of the United States has resided for two years in the country of his origin, or for five years in any other country, this fact creates a presumption that he has ceased to be an American citizen, but the presumption may be overcome by his presenting to a diplomatic or consular officer proof establishing the following facts:

(a) That his residence abroad is solely as a representative of American trade and commerce, and that he intends eventually to return to the United States permanently to reside; or,

(b) That his residence abroad is in good faith for reasons of health or for education, and that he intends eventually to return to the United States to reside; or,

(c) That some unforeseen and controlling exigency beyond his power to foresee has prevented his carrying out a bona fide intention to return to the United States within the time limited by law, and that it is his intention to return and reside in the United States immediately upon the removal of the preventing cause.

The evidence required to overcome the presumption must be of the specific facts and circumstances which bring the alleged citizen under one of the foregoing heads, and mere assertions, even under oath, that any of the enumerated reasons exist will not be accepted as sufficient.

Whenever evidence shall be produced to overcome the presumption of expatriation from residence abroad, as indicated in this instruction, the affidavit or affidavits must be made in duplicate, one copy thereof being sent forthwith to this department, and if the affidavits or other evidence have been presented to a consular officer he shall notify the embassy or legation in the country in which he is resident of the name of the person and of the facts concerning his residence abroad.

So much of this instruction as relates to residence abroad is not applicable to natural-born citizens of the United States. Their status, so far as their right to the protection of this Government is concerned, is governed by existing instructions of this department and especially by so much of the circular instruction of March 27, 1899, as applies to them, which is appended to this instruction for your information.

I am, gentlemen, your obedient servant,

ELIHŲ ROOT.

[Inclosure 1.1

Text of the law.

Section 2, act of March 2, 1907:

"SEC. 2. That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state.

"When any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any foreign state, it shall be presumed that he has ceased to be an American citizen, and the place of his general abode shall be deemed his place of residence during said years: Provided, however, That such presumption may be overcome on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, under such rules and regulations as the Department of State may prescribe: And provided also, That no American citizen shall be allowed to expatriate himself when this country is at war."

[Inclosure 2.]

Circular of March 27, 1899

PASSPORTS FOR PERSONS RESIDING OR SOJOURNING ABROAD.

[Extract.]

DEPARTMENT OF STATE, Washington, March 27, 1899

To the diplomatic and consular officers of the United States.

GENTLEMEN: A condition precedent to the granting of a passport is, under the law and the rules prescribed by authority of the law, that the citizenship of the applicant and his domicile in the United States and intention to return to it with the purpose of residing and performing the duties of citizenship shall be satisfactorily established. One who has expatriated himself can not, therefore, receive a passport.

Expatriation has been defined by Mr. Hamilton Fish as "the quitting of one's country, with an abandonment of allegiance and with the view of becoming permanently a resident and citizen of some other country, resulting in the loss of the party's preexisting character of citizenship." Thus a person "may reside abroad for purposes of health, of education, of amusement, of business, for an indefinite period; he may acquire a commercial or civil domicile there, but if he do so sincerely and bona fide animo revertendi, and do nothing inconsistent with his preexisting allegiance, he will not thereby have taken any step toward self-expatriation. But if, instead of this, he permanently withdraws himself and his property and places both where neither can be made to contribute to the national necessities, acquires a political domicile, and avows his purpose not to return, he has placed himself in the position where his country has the right to presume that he has made his election of expatriation."

But even where expatriation may not be established, a person who is permanently resident and domiciled outside of the United States can not receive a passport. "When a person who has attained his majority removes to another country and settles himself there, he is stamped with the national character of his new domicile; and this is so, notwithstanding he may entertain a floating intention of returning to his original residence or citizenship at some future period, and the presumption of law with respect to residence in a foreign country, especially if it be protracted, is that the party is there animo manendi, and it lies upon him to explain it." (Mr. Fish to the President, For. Rels., 1873, 1186, et seq.) If, in making application for a passport, he swears that he intends to return to the United States within a given period and afterwards, in applying for a renewal of his passport, it appears that he did not fulfill his intention, this circumstance awakens a doubt as to his real purpose, which he must dispel. (For. Rels., 1890, 11.)

The treatment of the individual cases as they arise must depend largely upon attendant circumstances. When an applicant has completely severed his relations with the United States; has neither kindred nor property here; has

married and established a home in a foreign land; has engaged in business or professional pursuits wholly in foreign countries; has so shaped his plans as to make it impossible or improbable that they will ever include a domicile in this country-these and similar circumstances should exercise an adverse influence in determining the question whether or not a passport should issue. On the other hand, a favorable conclusion may be influenced by the fact that family and property connections with the United States have been kept up; that reasons of health render travel and return impossible or inexpedient; and that pecuniary exigencies interfere with the desire to return. But the circumstance which is perhaps the most favorable of all is that the applicant is residing abroad in representation and extension of legitimate American enterprises. I am, gentlemen, your obedient servant,

JOHN HAY.

File No. 1271.

REGISTRATION OF AMERICAN CITIZENS.

DEPARTMENT OF STATE,
Washington, April 19, 1907.

To the diplomatic and consular officers of the United States. GENTLEMEN: Paragraph 172 of the Consular Regulations as amended by the executive order of April 8, 1907, reads as follows:

172. Registration of American citizens.—Principal consular officers should keep at their offices a register of all American citizens residing in their several districts, and will therefore make it known that such a register is kept and invite all resident Americans to cause their names to be entered therein. The same general principles govern applications for registry which govern applications for passports. (Paragraph 151.)

The register should show the date of registration, the full name of the person registered, the date and place of his birth, the place of his last domicile in the United States, the date of his arrival in the foreign country where he is residing and his place of residence therein, the reasons for his foreign residence, whether or not he is married, and if married, the name of his wife, her place of birth and residence; and if he has children, the name, date, and place of birth, and residence of each. The nature of the proof accepted to establish his citizenship should also appear, and his signature should be inscribed in the register.

Consuls may issue certificates of the registration prescribed above for use with the authorities of the place where the person registered is residing. Each certificate shall set forth the facts contained in the register and shall be good for use for one year only and shall be in a form prescribed by the Secretary of State (Form No). When a certificate expires a new one may be issued, the old one being destroyed, if it is clearly shown that the residence abroad has not assumed a permanent character. Persons who hold passports which have not expired shall not be furnished with certificates of registration, and it is strictly forbidden to furnish them to be used for traveling in the place of passports. Returns of all registrations made and of all certificates of registration issued shall be made to the embassy or legation in the country in which the consulate is situated and to the Secretary of State at intervals and under regulations to be prescribed by him. No fee will be charged for registration nor for any service connected therewith; nor for certificates of registration. This paragraph shall go into effect July 1, 1907.

Books for registration are being prepared and will be furnished to consuls as soon as possible. In the meantime, after July 1, consuls will register American citizens, following carefully the requirements of the paragraph quoted above, and will carefully preserve the registrations and enter them in the register of American citizens as soon as the books for that purpose shall have been received.

I,

The certificate of registration shall be in the following form:

consul of the United States of America at

(Name of consul.) hereby certify that (Name of place.) (Name of person registered.) as an American citizen in this consulate. He was born

is registered

at

(Nature of proof of citizenship produced.)

This certificate is not a passport and its validity expires on

(Date of expiration.)

The following is the signature of

(Person registered.)

In testimony whereof I have hereunto signed my name and affixed the seal of this consulate.

[L. S. ]

American Consul.

Immediately upon the registration of an American citizen the fact. of such registration should be certified to the embassy or legation in the country in which the consulate is situated, and a duplicate of the registration should be forthwith sent to this department, together with a statement whether a certificate of registration has been issued.

When a certificate of registration shall have expired and a new one. has been issued notice of this fact should be sent immediately to the embassy or legation in the country in which the consulate is situated, and to this department.

American citizens resident abroad are required to register each year, and any additional facts concerning residence, marriage, and children should be noted in the register, but the full registration having been made once need not be repeated on each subsequent registration.

The department expects consuls to observe this requirement with great care, and if they are uncertain concerning any of their duties in relation thereto they should ask for instructions from the department. I am, gentlemen, your obedient servant,

ELIHU ROOT.

File No. 1271.

REPORTS OF FRAUDULENT NATURALIZATION.

DEPARTMENT OF STATE,

Washington, April 19, 1907.

To the diplomatic and consular officers of the United States. GENTLEMEN: Under the provisions of the executive order of April 6, 1907, the following paragraph is added to the Diplomatic Instructions and Consular Regulations after paragraph 170:

Reports of fraudulent naturalization.-When any alien who has secured naturalization of the United States shall proceed abroad within five years after his naturalization and shall take up his permanent residence in any foreign country within five years after the date of his naturalization, it shall be deemed prima facie evidence that he did not intend in good faith to become a citizen of the United States when he applied for naturalization, and in the absence of countervailing evidence it shall be sufficient in the proper proceedings to authorize the cancellation of his certificate of citizenship as fraudulent. Diplomatic and consular officers shall furnish the Department of State, to be transmitted to the Department of Justice, the names of those within their jurisdictions, respectively, who are subject to the provisions of this requirement, and such statements from diplomatic and consular officers shall be certified to by such officers under their official seals, and are under the law admissible in evidence in all courts to cancel certificates of naturalization. (Act of June 29, 1906, sec. 15.)

The text of the law upon which this paragraph is based is appended to this instruction.

You are instructed, accordingly, that whenever a naturalized citizen goes abroad and takes up a permanent residence in a foreign country within five years after his naturalization, it may be assumed that his naturalization was not obtained in good faith, and upon certification by a diplomatic or consular officer of the fact of the foreign residence proceedings may be taken through the Department of Justice to set aside the naturalization on the ground that it was obtained in contravention of the naturalization laws.

Diplomatic and consular officers making such certification must, therefore, state: First, that the person is a permanent resident in a foreign country; and, second, that the permanent residence was taken up within five years after naturalization was conferred, and must certify not only to the facts, but to their means of knowledge.

No specified form of certification is prescribed, as the circumstances surrounding each case vary materially. It is not necessary that the residence shall have been acquired during the incumbency of the certifying officer, but he may, if he is in possession of sufficient evidence, certify to a residence which was acquired prior to his having had opportunity to have personal knowledge on the subject.

Certifications under this instruction should be sent forthwith to this department, together with the certificate of naturalization of the person in interest; and, pending instructions from the department, such person's citizenship shall be considered as awaiting adjudication, and he may be refused a passport or registration as a citizen of the United States. In the event of actual interposition being required in his behalf with the authorities of a foreign country, the facts should, if possible, be telegraphed to the department and its instructions awaited, and the foreign authorities should be requested to suspend any proceedings against the person in interest until instructions from this Government shall have been received.