Jayne Hill, minister of the United States to the Netherlands, and Mr. Gaillard Hunt, chief of the passport bureau, were directed to make the inquiry and report recommendations as appeared to be desired both by the Senate and by the House committee. I transmit herewith the result of their labors. I beg to commend it to the consideration of the House as a very clear and thorough exposition of this most important subject, upon which it seems to be generally agreed legislation is much needed. I have the honor to be, sir, your obedient servant, Hon. JOSEPH G. CANNON, Speaker of the House of Representatives. Hon. ROBERT BACON, ELIHU ROOT. DEPARTMENT OF STATE, December 15, 1906. The Assistant Secretary of State. SIR: By an order dated July 3, 1906, the undersigned were constituted a board to inquire into the laws and practice regarding citizenship, expatriation, and protection abroad, and to report recommendations for legislation to be laid before Congress, pursuant to the recommendation of the Committee on Foreign Affairs of the House of Representatives contained in the report of the committee dated June 6, 1906. The conclusions which we have reached fall under the following heads: First. Recommendations for constructive legislation. We recommend (a) that a law be enacted authorizing the Secretary of State to issue, under such rules and regulations as the President shall prescribe, certificates of nativity to natural-born American citizens temporarily resident abroad or who intend temporarily to reside abroad for legitimate purposes, setting forth the place of their origin, date of birth, and place of permanent residence in the United States. (b) That every male child being an American citizen resident abroad who desires to enjoy the protection of this Government be required upon reaching the age of 18 years to record at the most convenient American consulate his intention to become a resident and remain a citizen of the United States, and to take the oath of allegiance upon attaining his majority. (e) That an American citizen residing continuously outside of the United States for more than one year be required to register at the most convenient United States consulate at least once each year his name and place of residence, date and place of birth, nationality of parents, occupation, and last place of residence in the United States, and to give solemn assurance of his continued allegiance to the United States and of his intention to return thereto. An entry of the names ages, and place of birth of the wife and minor children. should also be required. (d) That the Secretary of State be authorized, under such rules and regulations as the President shall prescribe, to extend the protection of this Government and to issue qualified passports to those who have made the declaration of intention to become citizens of the United States in accordance with the requirements of the act approved June 29, 1906, and who go abroad for brief sojourn, such protection and passports not to be effective in the country of the origin of the declarants and not to be granted to those who have resided in the United States for a period of less than three years. As to the second point: We recommend (a) the passage of an act declaring that expatriation of an American citizen may be assumed: First. When he obtains naturalization in a foreign state. Second. When he engages in the service of a foreign state and such service involves the taking of an oath of allegiance to such state. Third. When he becomes domiciled in a foreign state, and such domicile shall be assumed when he has resided in a foreign state for five years without intent to return to the United States; but an American citizen residing in a foreign state may overcome the presumption of expatriation by competent evidence produced to a diplomatic or consular officer of the United States under such rules and regulations as the President shall prescribe. Fourth. Any person who shall have accomplished expatriation in the manner set forth in the preceding paragraphs shall, in order to reacquire American citizenship, be required to comply with the laws applicable to the naturalization of aliens. Fifth. The exercise of the right of an American citizen to expatriate himself shall only be permitted or recognized in time of peace. (b) That an American woman who marries a foreigner shall take, during coverture, the nationality of her husband; but upon termination of the marital relation by death or absolute divorce, she may revert to her American citizenship by registering within one year as an American citizen at the most convenient American consulate, or by returning to reside in the United States, if she is abroad; if she is in the United States, by continuing to reside therein. (c) That a foreign woman who acquires American citizenship by marriage to an American, shall be assumed to retain her American citizenship upon termination, by death or absolute divorce, of the marital relation, if she continues to reside in the United States, unless she makes formal renunciation of such citizenship before a court having jurisdiction to naturalize aliens; and if she proceeds abroad she may continue her American citizenship by registering, within one year, as an American citizen before the most convenient American consulate. (d) A minor and nonresident child born without the United States of alien and nonresident parents shall be deemed a citizen of the United States by virtue of the naturalization of the parent, provided, however, that such naturalization take place during the minority of such child, and provided further, that the citizenship of such minor child shall date from the entry of such minor into the United States permanently to reside therein. As to the third point: We recommend (a) that in order to prevent the abuse of American passports in foreign countries it be ordered that in future all passports shall be issued only by the Department of State, to be valid for two years, and subject to a single extension for two years longer by diplomatic and certain consular officers of the United States; but that in order to provide for cases of emergency diplomatic and certain consular officers of the United States be authorized to issue under prescribed regulations provisional passports for a particular journey or occasion, and limited in the length of time of their validity to not more than six months. (b) That for the purpose of meeting the demands of the local authorities in foreign countries American citizens who have registered in accordance with the law as heretofore recommended be furnished, under departmental regulations, with a statement to the effect that they are so registered, and that complete lists of American citizens thus registered be reported to the Department of State every three months. We also make this additional recommendation: That the diplomatic officers of the United States be instructed to open negotiations with the governments to which they are accredited extending and perfecting the treaty relations of the United States with respect to the rights of Americans in order to secure to American citizens rights and privileges in accordance with the recommendations of this report. No recommendation for a change in existing practice is made with reference to those countries in which the United States exercises extraterritorial jurisdiction, and the recommendations for legislative and executive action are not applicable to such countries. The subject of extraterritoriality is fully treated in Appendix I B. Respectfully submitted. JAMES B. SCOTT, DAVID J. HILL, GAILLARD HUNT, Members of the Board. DEPARTMENT OF STATE, It is ordered that a board be convened at the Department of State in the city of Washington on the 9th day of July, 1906, to inquire into the laws and practice regarding citizenship of the United States, expatriation, and protection abroad, and to report recommendations for legislation to be laid before Congress at the next session, pursuant to the recommendation of the Committee on Foreign Affairs of the House of Representatives contained in the report of the committee dated June 6, 1906, on Senate resolution 30, Fifty-ninth Congress, first session. The board will be composed of James B. Scott, esq., solicitor for the Department of State; David Jayne Hill, esq., minister to the Netherlands, and Gaillard Hunt, esq., chief of the passport bureau, Department of State. Samuel B. Crandall, clerk in the library, Department of State, will act as secretary of the board. The chief clerk of the Department will furnish the necessary room, stationery, and messenger service. The board will make its final report to the Assistant Secretary of State on or before the first Monday of December, 1906. ROBERT BACON, |