return to the United States, is to be considered as having expatriated himself. Decision of Arbitrators in American and Spanish Claims Commission, Convention of 1871 (17 Stat. at L. 839), 3 Moore's International Arbitrations, 2565.

The position of the Department of State, where an American citizen goes to a foreign country and settles there animo manendi, is that he thereby forfeits the right to the protection of this government, and is to be considered as having expatriated himself. Acting Secretary Hill to Mr. Pioda, June 14, 1901, For. Rel. 1901, 511.

Instructions of the Department of State Relative to Election of American Citizenship by Minors Abroad.

Naturalized citizens are not the only citizens of this country who are within the scope of the Act of March 2, 1907. Its prescriptions affect a certain class of naturalborn citizens also.

Under Section 6 of the Act of 1907, it is provided that children born abroad to an American father must register in an American consulate when eighteen years of age and take the oath of allegiance at twenty-one, in order to receive the protection of the United States. That provision reads as follows:

"Sec. 6. That all children born outside the limits of the United States who are citizens thereof in accordance with the provisions of section nineteen hundred and ninety-three of the Revised Statutes of the United States and who continue to reside outside the United States shall, in order to receive the protection of this Government, be required upon reaching the age of eighteen years to record at an American consulate their intention to become residents and remain citizens of the United States and shall be further required to take the oath of

allegiance to the United States upon attaining their majority."

An appropriate change was accordingly made by the Executive Order of April 6, 1907,* in the diplomatic and consular regulations, and in furtherance of the new provision of law the following circular instruction, dated April 19, 1907, was addressed by the Department of State to the American diplomatic and consular officers:

Children of Citizens Born Abroad.

DEPARTMENT OF STATE, WASHINGTON, April 19, 1907.

To the Diplomatic and Consular Officers

of the United States.

GENTLEMEN: Paragraph 138 of the Instructions to Diplomatic Officers and of the Consular Regulations, as amended by the Executive order of April 6, 1907, reads as follows:

"138. Children of Citizens Born Abroad.-All children born out of the limits and jurisdiction of the United States whose fathers were at the time of their birth citizens thereof are citizens of the United States; but the rights of citizenship do not descend to children whose fathers never resided in the United States. All children who are, in accordance with this paragraph, born citizens of the United States, and who continue to reside outside of the United States, are required in order to receive the protection of this government, upon reaching the age of eighteen years to record at an American Consulate their intention to become residents and remain citizens, and upon reaching their majority are further required to take the oath of allegiance to the United States. R. S. Sec. 1993; Act of March 2, 1907, Sec. 6."

Appended is the text of Section 1993 of the Revised Statutes and of Section 6 of the Act of March 2, 1907. You are instructed that children born abroad whose parents were American citizens at the time of their birth

* For the text of the order see Appendix, post.

should report to a convenient American consul upon reaching the age of 18 years and before they have reached the age of 19 years and make a solemn declaration in the following form:

I, A. B., born in

on........... ...., of parents who were at the time of my birth American citizens, do solemnly declare that it is my intention and desire to remain a citizen of the United States and to become a resident thereof. My father acquired citizenship through birth (or naturalization) (if by birth state where

the father was born; if by naturalization state when and where he was naturalized, as shown by record evidence of such naturalization.)

This statement should be made in triplicate, one copy being sent forthwith to the embassy or legation in the country in which the consulate is situated, one to the Department, and one to be retained and filed in the consulate.

Upon reaching the age of 21 years and before they have reached the age of 22 years, such children are required to take before a convenient consul the following oath (or affirmation):

I, A. B., do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely, without any mental reservation or purpose of evasion. So help me God.

This oath or affirmation should be made in triplicate, one copy being sent forthwith to the embassy or legation in the country in which the consulate is situated, one to the Department, and one to be retained and filed in the consulate.

Diplomatic and consular officers are instructed to make every effort necessary to bring the requirements of the law to which this instruction relates to the attention of those whom it will affect.

I am, gentlemen, your obedient servant,

ELIHU ROOT.

Instructions of the Department of State Relative to Registration of American Citizens Abroad.

In order to accomplish more effectually the purposes of the provisions of the Act of 1907, the President on April 8, 1907, by Executive order supplementing his order of the 6th of the same month, amended paragraph 172 of the consular regulations and provided for the keeping of a detailed registry of American citizens within the consular jurisdiction. This order was brought to the attention of the American diplomatic and consular officers in a circular instruction of the Department of State, dated April 19, 1907, which reads:

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 domicil 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.

The certificate of registration shall be in the following form:

I,...............[name of consul], Consul of the United States of America at...[name of place], hereby certify that..............[name of person registered] is registered as an American citizen in this consulate. He was born..... [date of birth] at................ [place of birth] and is a citizen of the United States by (birth or naturalization). He arrived in......... [place of foreign residence] on.....

5233-23