The evening times., 1899-03-25
Aim at Uniformity in the Treat
ment ofeApplicants.
us of American Citizens in SEMI
HarbnrOus Countries.


rights of discrimination in issuing pass
ports to applicants.
Political conspiracies, which play SO
important a part in the affairs of many
foreign countries. and the stringent laws
governing the punishment of persons i'm
p1icated in them, necessitate extreme meas
ures being taken by the conspirators in
order to escape detection. Many plotters
have come to America and remained the
required number of years in order to be-
come naturalized, and have then returned
to their native country. This is often
done in order that they may receive the
protection of the United States, after re-
turning to further their schemes. The
letter has been issued in response to the
many requests from foreign officers. asking
instructions from the State Department
concerning the discrimination they should
make in issuing passports to persons claim
ing American citizenship and who can show
no direct right to its protection. The letter
follows: g
Department OF State, Washington
ITO the Diplomatic and Consular Officers
of the United States:
Gentlemen: 1t has been represented TO
| the Department that greater uniformity
than now prevails is desirable in the treat
ment of applications for passports from the
persons who allege American citizenship,
and who have been absent from the United
States for prolonged period and are un-
able or refuse to give a definite promise
of return. Diplomatic officers and consul
lar officers having authority TO issue pass
ports will therefore follow the general
principles OF this instruction.; but where
ever a doubt arises as to the propriety of
isSu hey
will communicate all the facts of the case
to the Department and await its instruc-
tions.
No Discrimination.
This Government does not discriminate
between native-born and naturalized citi-
zens in according them protection while
they are abroad. equality of treatment be-
ing required by the laws of the United
States tsecs. 1899 and 1000 r. 81. But in
determining the question of conservation
of American citizenship and the right to
receive a passport, it is only reasonable
TO take into account the purpose for which
the citizenship is obtained.
"A naturaliZed citizen who returns to
| the country of his origin and there resides
without any tangible manifestation of an
! intention TO return to the United States
may therefore generally be assumed to
have lost the right 10 receive the protec
tion of the United States His naturaiiza-
| tion in the United States cannot be used
| as cloak to protect him from obligations
! to the country of his origin while he per-
| forms none of the duties of citizenship to
| the country which naturaiiZed him. The
| statements of loyalty to this Government
which he may make are contradicted by
! the circumstance OF his residence, and are
open TO the suspicion of being Influenced
| by the advantages he derives by avoiding
| the performance OF the duties Of citizen
! ship to any country. II is not TO be un-
| derstood by this that naturaiized American
| citizens returning to the country of their
| origin are to be refused the protection OF
a passport. On the contrary, full protec-
| tion should be accorded to them, until
they manifest an effectual abandonment OF
their residence and domicie in the United
| States.
Definition of Passport
"A passport is in its terms statement
! that the person it names and describes is a
citizen of the United States. and ii IS for
| hidden by law 10 issue one to any other
| than citizen of the United States tsec.
| 1876 r. 81. The Secretary of State. and
| under him our diplomatic and consular of
| hcers, with certain restrictions NAV gran.
and issue passports under such rules as
! the President prescribes tsec 1919 r S.
| AS a general statement passports are is
! sued to all wabiding American citizens
| who apply for them and comply with the
! rules prescribed; but IL is not obligatory TO
| issue one to every citizen who desires IT,
and the rejection Of an application is not
! TO be construed as per Sc a denial by this
! department or its agents OF the American
citizenship OF person whose application
| is so rejected.
"A condition precedent to the granting
| of passport is. under the law and the
/ rules prescribed by authority OF the law.
| that the citizenship OF the applicant and
his domicile in the United States and in
tention to return to it with the purpose of
! residing and performing the duties Of citi-
| zenship shall be satisfactorily established.
One who has Sxpatriated himself cannot.
therefore. receive passport.
"Expatriation has been defined by Mr.
| Hamilton Fish as the quitting of one
country, with an abandonment of allegiance
and with view OF becoming permanently
resident and citizen OF some other coun-
try resulting in the loss of the party's pre-
| existing 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 domicile
| there, but If he do so sincerely and bona
| consistent with his pre-existing allegiance,
he will not thereby have taken any step
! toward 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 political
| domicile in foreign country, 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. There being
| no legislative definition of what constitutes
| expatriation, it is fact to be determined
| by the circumstances surrounding each
case that arises.
Expatriation.
But even where expatriation may not
be established, person who is perma-
| nently resident and domiciled outside OF
! the United States cannot receive pass
port. When a person who has attained
his majority removes to another country
4 and settles himself there, he is stamped
with the national character OF his new
! domicile; and this is SO, Notwithstanding
he may entertain floating intention of re-
| turning to his original residence or citi-
zenship at some future period and the
presumption of law with respect TO resi-
! dence in foreign country, especially ii
] it be protracted, is that the party is there
amino manendi, and it lies upon him to
explain it (Mr. Fish to the President, For.
Rels. 1873, 11S6, ct seq.). IT, in making
application for passport, he swears that
he intends to return to the United States
| within given period, and afterwards, in
| applying for renewal of his passport, ii
| appears that he did not fulfill his intention.
| this circumstance awakens doubt as to
| his real purposes, which he must dispel.