[date], where he is now residing for the purpose of [reason why residing in foreign place]. He is married to [name of wife], who was born in [place of birth of wife], and resides at...[place of wife's residence].

He has the following children:

[name of child] born in ...........[place of birth] on................[date of birth] and residing at

residence]; and...[name of child] born in [place of birth] on

[place of

[date of birth] and residing at

[place of residence]; and

..[name of child]

born in [place of birth] on .......[date of birth] and residing at [place of residence]; his citizenship of the United States is established by of proof of citizenship produced].

.............[nature

This certificate is not a passport and its validity ex

pires on....[date of expiration].

The following is the signature of ......

tered].

[person regis

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,

Exceptions; Expatriation not Accomplished:

ELIHU ROOT.

(A) When Residence Abroad is Due to Ill Health or Financial Condition.

In an instruction to the diplomatic and consular officers of the United States, March 27, 1899,* Secretary Hay stated that a favorable conclusion in determining whether a passport shall be granted to one residing abroad may be influenced by the fact that reasons of health render travel and return to the United States impossible or inexpedient; and that pecuniary exigencies interfere with the desire to return.

In the case of Strahlheim, which arose in Switzerland in 1902, where it was shown that the applicant was prevented from returning to the United States, where he was born, by precarious health and impecunious circumstances, it was held that he was entitled to a passport. Mr. Hay to Mr. Hardy, May 20, 1902, For. Rel. 1902, 975. (B) Agents of American Enterprises.

An American, whether by birth or by naturalization, residing abroad, in representation of an American business, and keeping up an interested association with this country, is not deemed to have forfeited his nationality by residence abroad. See Hunt's American Passport, 206.

"Were we to hold that citizens of the United States can not, without forfeiting their nationality, reside from time to time in South American states as agents of their countrymen, the business of both continents would receive a heavy blow. In affairs so vast, so intricate, and so continuous as those of Alsop & Co., for instance, there can be neither consistency nor responsibility of *Printed in note on pages 343-4, supra.

action except through trusted agents, who, while taking up continuous abode in their places of business action in South America, would from early personal relations be in the confidence of their chiefs, making their central business in this country the place to which their domiciliary duties would relate, and continuing to subject themselves to the laws of the country in which the firm is domiciled. As a matter of public policy, therefore, as well as of international law, I can not but conclude that Mr. Wheelwright's domicil and nationality are in the United States." Mr. Bayard to Mr. Roberts, March 20, 1886, 2 Wharton's Int. Law Digest, 369, 370.

An exception has been made in the case of agents of American business houses who are engaged in foreign lands in promoting trade with the United States. Mr. Gresham to Mr. Runyon, November 1, 1894, American Passport, 209.

In enumerating the circumstances which should exercise an influence in determining whether or not a passport should issue to a person residing abroad, Secretary Hay states that "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." Circular Instructions to Diplomatic and Consular Officers, March 27, 1899, pages 343-4, supra, note.

(c.) Missionaries.

Our legations have been authorized to issue passports to missionaries in foreign lands whose residence there was continuous and practically permanent, and who could not allege any definite intention of returning to and residing in the United States. Mr. Gresham to Mr. Runyon, November 1, 1894, American Passport, 209.

The presumption of abandonment of nationality by

long residence abroad is rebutted by proof that such residence was that of a missionary, who never intended to relinquish his nationality or his purpose finally to return home. Mr. Everett to Mr. Marsh, February 5, 1853, 2 Wharton's Int. Law Digest, 360.

(d.) By Marriage.

See "Naturalization by Marriage," for a full consideration of the subject of "expatriation by marriage," pp. 227-263, supra.

2. Desertion.

A fifth way in which expatriation may be effected is by desertion from the Army or Navy.

By Section 1996 of the Revised Statutes, deserters from the military or naval service of the United States who did not return or report themselves to a provost-marshal within sixty days after March 11, 1865, were deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as the right to become citizens; and such deserters were declared to be forever incapable of holding office or exercising any rights of citizenship.

Section 1997 provided that no soldier or sailor who faithfully served until April 19, 1865, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the Army or Navy; but that section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under Section 1996, by the loss of citizenship and of the right to hold office, in consequence of his desertion.

Section 1998 provides that "every person who hereafter deserts the military or naval service of the United

States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of Section nineteen hundred and ninety-six."

This law relative to desertion is applicable only where the person has been convicted of the offense by courtmartial. Goetscheus v. Matthewson, 61 N. Y. 420; Holt v. Holt, 59 Me. 464.

The law means that the forfeiture which it prescribes, like all other penalties for desertion, must be adjudged to the convicted person, after trial by a court-martial, and sentence approved. Huber v. Reily, 53 Pa. St. 112. The conviction must be proved by a duly authenticated record. Goetscheus v. Matthewson, supra.

3. Military or Naval Service in Foreign Country.

Merely entering into the military or naval service of a foreign sovereign does not, of itself, work expatriation. Chacon v. 89 Bales of Cochineal, 1 Brock. 478; The Santissima Trinidad, 7 Wheat. 283; State v. Adams, 45 Iowa, 99.

In Calais v. Marshfield, 30 Me. 511, it was held that the voluntary performance by a citizen of the United States of service in the local militia, was insufficient to effect expatriation.

Assistant Secretary Rives on January 5, 1888, in response to an inquiry of the United States Consul General at Honolulu, whether citizens of the United States by enlisting in the army in Hawaii, relinquished their American nationality, said: "Citizens of the United States do not lose their nationality by enlisting in foreign armies." For. Rel. 1895, 850.