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When a certification under this instruction is made by a consul he should, at the same time that he sends the certification to this department, notify the embassy or legation in the country in which his consulate is situated.

I am, gentlemen, your obedient servant,

ELIHU ROOT.

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"If any alien who shall have secured a certificate under the provisions of this act shall, within five years after the issuance of such certificate, return to the country of his nativity, or go to any foreign country, and take permanent residence therein, it shall be considered prima facie evidence of a lack of intention on the part of such alien to become a permanent citizen of the United States at the time of filing his application for citizenship, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the cancellation of his certificate of citizenship as fraudulent, and the diplomatic and consular officers of the United States in foreign countries shall from time to time, through the Department of State, furnish the Department of Justice with the names of those within their respective jurisdictions who have such certificates of citizenship and who have taken permanent residence in the country of their nativity, or in any other foreign country, and such statements, duly certified, shall be admissible in evidence in all courts in proceedings to cancel certificates of citizenship.

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"The provisions of this section shall apply not only to certificates of citizenship issued under the provisions of this act, but to all certificates of citizenship which may have been issued heretofore by any court exercising jurisdiction in naturalization proceedings under prior laws."

File No. 1271.

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 18 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 Mar. 6, 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 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.

[Inclosure.]

Text of the laws.

Section 1993, Revised Statutes of the United States:

"All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States."

Section 6 of the act of March 2, 1907:

"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."

REGISTRATION OF WOMEN WHO DESIRE TO RESUME OR RETAIN AMERICAN CITIZENSHIP.

File No. 1271.

DEPARTMENT OF STATE,
Washington, April 19, 1907.

To the diplomatic and consular officers of the United States. GENTLEMEN: The executive order of April 6, 1907, prescribes the following diplomatic instruction and consular regulation:

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 18 years record at an American consulate their intention to become residents and remain citizens of the United States. (Act of Mar. 2, 1907, secs. 3, 4, and 6.)

The last sentence of this paragraph relating to registration of minor children is the subject of the instruction of April 19, 1907, entitled "Children of citizens born abroad," and is not dealt with here.

The text of the law is appended for your information.

A woman who was an American before her marriage to a foreigner, and who, upon the termination of the marital relation by the death of her husband or by their absolute divorce, desires to resume the American citizenship which she enjoyed before her marriage, must, within one year after the termination of the marital relation, register with an American consular officer her intention to resume her American citizenship. The form of such registration shall be as follows:

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(Date of marriage.) that the said

to

and was, up to the time of my marriage

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(Name of late husband.) was born in (Name of husband.) (Place of his birth.) time of his death (or our divorce), a citizen (or subject) of

that the said

at

a citizen of the United States;

and was, at the

(Name of country.) (Date of death or divorce.)

died (or we were divorced) on (Name of late husband.) ----; that I am now temporarily resident in (Place of death or divorce.) (Place of residence.) and desire to resume my American citizenship; that it is my intention to return to the United States within with the intention

(Limit of intended foreign residence.)

of residing and performing the duties of an American citizen.

Sworn and subscribed to before me this [L. S.]

day of

American Consul.

I,

(Name of consul.)

American consul at certify that (Place of consulate.) who signed the above affidavit, is the person she represents

(Name of affiant.)

herself to be and that the proof presented of her marriage to--

and of the termination of her marital relation with follows:

(Name of late husband.) is as (Name of late husband.)

(State here nature of proof presented.)

In testimony whereof I have hereunto signed my name and affixed my seal of office.

American Consul.

Documentary evidence in support of the allegations relative to the termination of the marital relation should be required in each case, and the nature of such documentary proof should be set forth in the consul's certificate. In the case of a woman having been a native citizen of the United States before her marriage, documentary proof of such citizenship need not be required unless the consul entertains doubts as to the statements made to him, in which case he should require a certificate of birth or the affidavit of a credible witness personally known to him.

In the case of a woman having been a naturalized citizen of the United States previous to her marriage, proof of the naturalization, such as would be required if she applied for a passport, should be required. The affidavit and the consul's certificate should be made in duplicate, and one copy should be sent to this department immediately afterwards and the embassy or legation in the country in which the consulate is situated should be at the same time advised of the making of the affidavit and of the report to the department.

A foreign woman who has acquired American citizenship by marriage to an American citizen and who, upon the termination of the marital relation by the death of her husband or by their absolute divorce, desires to retain the American citizenship which she acquired through her marriage, must, within one year after the termination of the marital relation, register with an American consular officer her intention to retain her American citizenship.

The form of such registration shall be as follows:

do solemnly swear (or affirm) that I was born on and was, up to the time of my marriage

I,

(Name of affiant.)

in

(Date of birth.)

on

(Place of birth.) to a citizen (or subject) of (Date of marriage.) (Name of late husband.) that the said was born in

(Name of late husband.)

(Name of country.)
and was, at

(Place of birth.)
died (or we were

the time of his death (or our divorce), a citizen of the United States by ; that the said

at

(Birth or naturalization.) (Name of husband.) divorced) on ; that I am now (Date of death or divorce.) (Place of death or divorce.) temporarily residing in and desire to retain my American (Place of residence.) citizenship; that it is my intention to go to the United States within with the intention of residing and performing the duties

tended foreign residence.) of an American citizen.

(Length of in

Sworn and subscribed to before me this

day of

American Consul.

The consul's certificate to this affidavit should be the same as in the case of an American woman married to a foreigner who desires to resume her American citizenship, and documentary evidence of the allegations relative to the termination of the marital relation should be required, as in the case of an American woman married to a foreigner who desires to resume her American citizenship. Also docu

mentary proof of the husband's citizenship should be required. The affidavit and the consul's certificate should be made in duplicate and reported, as in the case of an American woman who desires to resume her citizenship.

I am, gentlemen, your obedient servant,

ELIHU ROOT.

[Inclosure.]

Text of the law.

Sections 3 and 4 of the act approved March 2, 1907, read as follows: "SEC. 3. That any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American ciitizenship, 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.

"SEC. 4. That any foreign woman who acquires American citizenship by marriage to an American shall be assumed to retain the same after the termination of the marital relation if she continue 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 her citizenship by registering as such before a United States consul within one year after the termination of such marital relation."

File No. 1271.

ISSUANCE OF PASSPORTS.

DEPARTMENT OF STATE,

Washington, April 19, 1907.

To the diplomatic and consular officers of the United States.

GENTLEMEN: Paragraphs 150, 151, 152, and 163 of the Diplomatic Instructions and Consular Regulations as amended by the executive order of April 6, 1907, read as follows:

150. When passports may be issued.—Passports can not be issued by diplomatic or consular officers if the applicant has time to apply to the Department of State and await its reply. Where inconvenience or hardship would result to a person entitled to receive a passport unless he received it at once, a diplomatic officer, or a consular officer who shall have received authority to do so from the Secretary of State, may issue to such person an emergency passport, good for a period not to exceed six months from the date of issuance, and to be used for a purpose which shall be stated in the passport.

This paragraph shall become effective July 1, 1907.

151. Applications.-Persons entitled to receive passports who desire to secure them when they are abroad may make applications therefor to the Department of State through a diplomatic or consular officer. Native citizens thus applying must make an affidavit with respect to birth, take the oath of allegiance, and furnish identification by a creditable person, all in duplicate and according to Form No.. Naturalized citizens must comply with the same requirements, using Form No. -, and, if claiming citizenship through naturalization of husband or parent, using Form No.-. A naturalized citizen must also exhibit his certificate of naturalization, or that of the husband or parent through whom citizenship is claimed, or a duly certified copy of the court record thereof. Further evidence of the applicant's citizenship may be required, if deemed necessary. A loyal resident of an insular possession of the United States, in addition to the information now required in the case of a citizen of the United States, must state that he owes allegiance to the United States and does not acknowledge allegiance to any other government, and must submit an affidavit from at

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