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59TH CONGRESS, HOUSE OF REPRESENTATIVES. DOCUMENT
2d Session.

No. 326.

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Jamie Serra

CITIZENSHIP OF THE UNITED STATES, EXPATRIATION,

AND PROTECTION ABROAD.

Scott

LETTER

FROM

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THE SECRETARY OF STATE,

SUBMITTING

REPORT ON THE SUBJECT OF CITIZENSHIP, EXPATRIATION,

AND PROTECTION ABROAD.

DECEMBER 20, 1906.-Referred to the Committee on Foreign Affairs,

and ordered to be printed.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.

1906.

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2d Session.

No. 326.

CITIZENSHIP OF THE UNITED STATES, EXPATRIA

TION, AND PROTECTION ABROAD.

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REPORT ON THE SUBJECT OF CITIZENSHIP, EXPATRIATION, AND

PROTECTION ABROAD.

DECEMBER 20, 1906.-Referred to the Committee on Foreign Affairs and ordered

to be printed.

DEPARTMENT OF STATE,

Washington, December 18, 1906. Sir: On the 13th of April, 1906, the Senate passed a joint resolution providing for a commission to examine into the subjects of citizenship of the United States, expatriation, and protection abroad, and to make a report and recommendations thereon, to be transmitted to Congress for its consideration. The resolution carried an appropriation of $10,000 for the expense of the commission. (S. Res. No. 30, 59th Congress, 1st session.)

On the 6th of June, 1906, the House Committee on Foreign Affairs, to which a foresaid joint resolution had been referred, reported to the House as follows:

It is the opinion of the committee that legislation is required to settle some of the embarrassing questions that arise in reference to citizenship, expatriation, and the protection of American citizens abroad. The committee, however, is not convinced or the necessity of having a commission to consider these questions or to prepare legislation for submission to Congress. Such commis. sions are sure to be leisurely, certain to be costly, and apt to be ineffective.

It seems to the committee that the same end can be reached in a more practi. cal way. More information on these questions can be furnished by those who have been obliged to deal with them practically than by any commission of outsiders, however distinguished. We should be glad if the Secretary of State Fould select some of the gentlemen connected with the State Department who have given special attention to these subjects, have them prepare a report and propose legislation that could be considered by Congress at the next session. The result of such a commission we are confident would be of value. If there was any small expense for clerk hire, etc., in connection with its work, this could, as we understand, be defrayed, under the direction of the Secretary of State, from the general appropriations made by Congress. If a bill remedying such evils as may exist is submitted at the beginning of the next session it shall have the careful attention of this committee, and if its contents are approved we will make every endeavor to have it promptly enacted into law. (Rept. No. 4784, 59th Cong., 1st sess.)

Pursuant to this suggestion of the Committee on Foreign Affairs, Yr. James B. Scott, solicitor for the Department of State, Mr. David

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,

ELIHU Root. Hon. JOSEPH G. CANNON,

Speaker of the House of Representatives.

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DEPARTMENT OF STATE, December 15, 1906. Hon. ROBERT BACox,

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.
Second. Recommendations for declaratory legislation.
Third. Recommendations for executive regulations.
As to the first point:

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.

(6) 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.

(c) 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

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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.

(6) 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

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