be regarded and protected as such. For. Rel. 1895, pt 2, 849. The oath mentioned was "to support the constitution, laws, and government of the Republic of Hawaii." But in the case of J. F. Bowler, a citizen of the United States, who, in 1895, took an oath to support the constitution and laws of the Hawaiian Islands, and bear true allegiance to the King, without expressly renouncing or reserving his allegiance to the United States, Secretary Gresham said that Bowler had "manifested his intention of abandoning his American citizenship by taking the oath to support the constitution and laws of Hawaii, and bear true allegiance to the King, and, so far as is known, he manifested no contrary intention before his arrest. The oath is inconsistent with his allegiance to the United States. By taking it he obligated himself to support the government of his adoption, even to the extent of fighting its battles in the event of war between it and the country of his origin. He could not bear true allegiance to both governments at the same time. The President directs that you inform Mr. Bowler he is not entitled to the protection of the United States." For. Rel. 1895, pt. 2, 853. And in the case of Frank Godfrey, an American citizen who had taken the oath of denization in the Hawaiian Islands, Secretary Olney, on November 13, 1895, said: "Under the decisions of my predecessor, his taking the oath and voluntarily subjecting himself to accountability to the laws of the Hawaiian Republic, and to performance of all the duties and obligations of a citizen thereof, constitute naturalization for all Hawaiian purposes, while within Hawaiian jurisdiction, and the phrase that 'these letters are without prejudice to his native allegiance,' can have no significance, either as to his status within Hawaiian jurisdiction, or as to his status within the jurisdiction of the United States, should he return hither, for, in the latter case, it would be determinable by the laws of this country, and not by any administrative act of Hawaii." Mr. Olney to the United States Minister in Hawaii, For. Rel. 1895, pt. 2, 867. And Secretary Hay, in the case of certain American citizens (colored), who had gone to Liberia, and by taking out an allotment of land, became for all national purposes Liberian citizens (no oath of allegiance being required), declared that the principle involved in this case was substantially the same as in the Bowler and Godfrey cases. He said: "The Republic of Liberia is an independent sovereignty, in no wise bound to or dependent upon the United States, and theoretically at least, it is within the range of possibilities that differences might arise between the two governments leading even to rupture of relations. It is inconsistent for an individual to bear true allegiance at the same time to two different sovereigns, and the exercise of the rights of citizenship under any alien sovereignty must be regarded as a voluntary assumption of the obligations of allegiance to such sovereignty." 3 Moore's Int. Law Digest, 730. C. By Residence in a Foreign Country. The Act of March 2, 1907, provides that when a naturalized citizen of the United States shall have resided for two years in the foreign state from which he came, or five years in any other foreign state, it shall be presumed that he has ceased to be an American citizen (Sec. 2). In consequence of this provision, the executive order of President Roosevelt of April 6, 1907 (printed in full in the Appendix, post), directed certain changes to be made in the diplomatic and consular regulations, in order to bring them into conformity with the new law, and the following circular instructions to the United States diplomatic and consular officers relative to expatriation were thereafter issued by the Department of State under date of April 19, 1907, bringing the provisions of the new law to their attention and making the rules and regulations authorized by the second section of the second paragraph of the Act. To the Diplomatic and Consular Officers of the United States. GENTLEMEN: Paragraph 144 of the Diplomatic Instructions and Consular Regulations, as amended by Executive order of April 6, 1907, reads as follows: 144. Expatriation.-An 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 other foreign state, it shall be presumed that he has ceased to be an American citizen, and his place of general abode shall be deemed his place of residence during the said years; Provided, 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. "An American citizen shall not be allowed to expatriate himself when this country is at war.-Act of March 2, 1907, Sec. 2." The text of the law is appended for your information.* Whenever it comes to the knowledge of a diplomatic or consular officer that an American citizen has secured naturalization in a foreign state in conformity with its laws, or has taken an oath of allegiance to a foreign state, such diplomatic or consular officer 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 * For the text of the law see Appendix, post. 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 or 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, ELIHU ROOT. *The circular of March 27, 1899, reads as follows: To the Diplomatic and Consular Officers GENTLEMEN: WASHINGTON, March 27, 1899. of the United States. 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 domicil 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 domicil 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 towards 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 domicil, 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." |