Acting Secretary Hunter in an instruction to the consul at Cordoba, September 10, 1880, said: "Enlistment in the military or naval service of a foreign power is not of itself a renunciation of American citizenship." 3 Moore's Int. Law Digest, 732.

And Secretary Bayard in an instruction to the American legation in Mexico, November 14, 1888, affirming the same principle, said that besides the generally recognized principles of international usage, there were historical precedents which emphasized the position of this government in respect of its citizens temporarily abroad. "As evidence of this," said he, "it may be stated that entering the military service of a foreign state is by itself in no sense an abjuration of prior nationality. In our Revolutionary war over six thousand Frenchmen were enlisted in our armies, either in our marine forces or as auxiliaries, but the cases in which those thus serving accepted an American nationality were very few. This government never maintained, nor did France ever concede, that this enlisting into our service had any effect on their nationality. La Fayette was a majorgeneral in our service, but during the diplomatic controversies that arose as to him subsequently, when he was a prisoner in Austria this government never claimed that he was a citizen of the United States, or that he ever ceased to be a Frenchman." 3 Moore's Int. Law Digest, 734.

On the other hand, however, a citizen of Illinois, under the declaration adopted by the convention of Texas, in 1835, promising citizenship and donations of land to all volunteers in her war for independence, who afterwards entered her army as a volunteer, and who died in her service, was held to have become a citizen of Texas; and it was also decided that his wife's citizenship

followed his, though she never came to Texas. Kircher v. Murray, 54 Fed. 617.

It was held by Acting Secretary Seward, in 1879, that James W. Smith, an American citizen, by the act of voluntarily taking military service under the government of Mexico, while a law was in existence by which such an act on his part conferred and involved the assumption of Mexican citizenship, must be deemed to have understandingly conformed to that Mexican law, and of his own accord embraced Mexican citizenship. Mr. Seward to Mr. Foster, August 13, 1879, For. Rel. 1879, 824.

4. Accepting Public Office under a Foreign Government. (A) Engaging in the Diplomatic Service of a Foreign Government.

In Corvaia's case, which came before the Italian-Venezuelan Commission in 1903, Mr. Ralston, umpire, held that one who accepts, without permission of his government and against her laws, employment in the diplomatic service of another government, loses his citizenship. Ralston's Report, 808, 809.

(B) Engaging in the Consular Service of a Foreign Government.

In Fish v. Stoughton, 2 Johns. Cas. 407, the court held that a citizen of the United States did not expatriate himself by accepting an appointment as consul of a foreign state and the performance of duties in that capacity.

A naturalized citizen of the United States, of Swiss origin, was advised by the Department of State, in 1869,

that he could not divest himself of his American citizenship by accepting the office of Swiss vice-consul at New York, but must, in order to accomplish that result, return to Switzerland with the intention to reside there, or else be naturalized in some third country. 3 Moore's Int. Law Digest, 716.

(C) Entrance into Civil Service of Foreign Country.

Entrance into the civil service of the country of his nativity, by a naturalized citizen of the United States, who has returned to that country, and continues his residence there beyond the length of time at which, by convention between the two states, the intent not to return to the country of adoption may be held to exist, must be taken to be very strong evidence of the absence of intent to return, and must raise a presumption, which might, and probably would, make it very difficult for the country of adoption to assert the continued citizenship of the party thus taking service and continuing to reside in the country of his nativity. Mr. Fish to Mr Müller, January 28, 1874, 2 Wharton's Int. Law Digest, 367.

Assistant Secretary Rives, in an instruction to the consul-general at Apia, January 6, 1888, said that tenure of office under the Samoan government, unless it required. the assumption of Samoan citizenship, could not of itself be treated as an act of expatriation, as there is nothing in the Constitution or laws of the United States that precludes a private citizen of the United States from rendering official services to foreign governments. Moore's Int. Law Digest, 718.

3

Such acts, in addition to the selection and enjoyment of a foreign domicil, as amount to a renunciation of United States citizenship and a willingness to submit

to, or adopt, the obligations of a citizenship of the country of domicil, such as accepting public employment, etc., may be treated as effecting expatriation. 14 Ops. Atty. Gen. 295.

Under the existing law, providing that an American citizen shall be deemed to have expatriated himself when he has taken an oath of allegiance to a foreign state, if the acceptance of office under the foreign government involves the taking of an oath of allegiance to that government, this, of course, operates to expatriate him.

CHAPTER VI.

PASSPORTS.

A. In general.

B. Statutes.

C. Rules and regulations.

1. In the United States.

2. In the insular possessions of the United States.

3. Executive order of President Roosevelt, April 6, 1907. D. Forms.

A. In General.

The American passport is a document issued by the Secretary of State, or under his authority by a diplomatic or consular officer of the United States abroad (or by an executive officer of the insular possessions of the United States), to a citizen of the United States (or to a person owing allegiance to the United States), stating his citizenship (or status), and requesting for him free passage and all lawful aid and protection during his travels in foreign lands. See American Passport, 4.

B. Statutes.

Until the passage of the Act of Congress of June 14, 1902 (32 Stat. at L. 386, Chap. 1088), amending the statutes of the United States so as to permit the granting of passports to residents of the insular possessions of the United States, passports were only issued to citizens of the United States. The sections of the Revised Statutes, as amended, which govern the subject, are as follows:

"Sec. 4075 [U. S. Comp. Stat. 1901, 2764]. The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign countries by such diplomatic or consular officers of the United States, and by such chief or other executive officer of the insular possessions of the United States, and under such rules as the President shall designate and prescribe for and on behalf of the United States; and