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EXECUTIVE ORDERS OF APRIL 6 AND APRIL

8, 1907.

AMENDING THE INSTRUCTIONS TO DIPLOMATIC OFFICERS AND THE CONSULAR REGULATIONS RELATIVE TO EXPATRIATION, CITIZENSHIP, NATURALIZATION AND PASSPORTS.*

Executive Order of April 6, 1907.

It is hereby ordered that the instructions to the diplomatic officers of the United States and the regulations prescribed for the use of the consular service of the United States be amended in the following particulars, the numbers of the paragraphs amended being the same in both the instructions and the regulations. Paragraph 138 shall read as follows:

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,

*To give effect to the principal provisions of these Orders, the Department of State, on April 19, 1907, issued a set of circular instructions, six in number, addressed to the American diplomatic and consular officers. The subjects of these circulars, and the reference to the pages of this volume where they may be found, are as follows:

"Children of Citizens Born Abroad," pp. 350, 351.

Expatriation," pp. 341–343.

"Issuance of Passports," pp. 380–384.

"Registration of American Citizens," pp. 352–354.

"Registration of Women Who Desire to Resume or Retain American Citizenship," pp. 241-243 and 257, 258.

"Reports of Fraudulent Naturalization," pp.136–138.

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.

Paragraph 141 shall read as follows:

Wife of Citizen.-Any white woman or woman of African nativity or descent or Indian woman married to a citizen of the United States is a citizen thereof; and it is immaterial whether the husband became a citizen before or after marriage. Any woman who acquires American citizenship by marriage shall be assumed to have retained it after the termination of the marital relation by death or absolute divorce if she continues to reside in the United States, unless she makes formal renunciation thereof before a court having jurisdiction to naturalize aliens; or, if she resides abroad, she may retain American citizenship by registering as an American citizen before a United States Consul within one year after the termination of the marital relation.-R. S. Sec. 1994; 25 Stat. L. 392; Act of March 2, 1907, Sec. 4.

After paragraph 141, a new paragraph shall be added as follows:

An American Woman Who Marries a Foreigner.-An American woman who marries a foreigner takes the nationality of her husband. At the termination of the marital relation, by death or absolute divorce, she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein.-Act of March 2, 1907, Sec. 4.

Paragraph 142 shall read as follows:

Children of Naturalized Citizens.-The naturalization or resumption of American citizenship of the parents confers American citizenship upon the minor children and such citizenship shall begin at the time such minor

children begin to reside permanently in the United States. Act of March 2, 1907, Sec. 5.

Paragraph 143 shall read as follows:

Declaration of Intention. The declaration of intention to become a citizen of the United States does not make one a citizen, and the certificate of a court that such declaration has been made is not evidence of citizenship; but when any alien who has declared his intention to become a citizen of the United States dies before he is actually naturalized his widow and minor children may, by complying with the other provisions of the naturalization laws, be admitted to citizenship without making the declaration of intention.-Act of June 29, 1906, Sec. 4, Par. 6.

Paragraph 144 shall read as follows:

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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.

After paragraph 144, add the following three paragraphs:

Registration to Resume or Retain Citizenship.—When an American woman has married a foreigner and he dies

or they are absolutely divorced, in order to resume her rights as an American citizen, she must register with an American consulate within one year after the termination of the marital relation. Whenever any foreign woman has acquired American citizenship through her marriage, upon the death of her husband or upon their absolute divorce she must, if she is abroad and desires to retain her American citizenship, register as an American citizen before a United States consul within one year after the termination of the marital relation. All minor children, born of American parents outside of the United States, must, in order to receive the protection of this government, at the age of eighteen years, record at an American consulate their intention to become residents and remain citizens of the United States.-Act of March 2, 1907, Sections 3, 4, and 6.

Oath of Allegiance.-Every child born without the United States of American parents and resident abroad is required, in order to conserve his American citizenship, to take the oath of allegiance to the United States before an American consul, upon attaining his majority.-Act of March 2, 1907, Sec. 6.

Duplicates of Evidence of Citizenship. - Diplomatic and consular officers are required to file with the Department of State duplicates of any evidence, registration, or other acts, taken before them in conservation or resumption of citizenship and the right to protection.-Act of March 2, 1907, Sec. 7.

Paragraph 149 shall read as follows:

To Whom Issued. No passport shall be granted or issued to or verified for any persons other than citizens of the United States or loyal residents of the insular possessions of the United States by diplomatic or consular officers. In his discretion the Secretary of State may issue passports to those who have made the declaration of intention to become citizens of the United States, but such

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