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CORRESPONDENCE.

CIRCULARS.

EXPATRIATION.

The application of the second paragraph of section 2 of the act of March

2, 1907.

DEPARTMENT OF STATE,
Washington, July 21, 1910.

To the diplomatic and consular officers of the United States.

GENTLEMEN: Referring to the department's circular instruction of April 19, 1907, entitled "Expatriation," and especially to the second paragraph of section 2 of the act of March 2, 1907, quoted on the fourth page thereof, you are informed that the department has decided that this paragraph is not to be construed as retroactive. In other words, it has been decided that the foreign residence of a naturalized citizen prior to March 2, 1907, is not to be computed in determining whether such person has expatriated himself by a residence of two years in the foreign State from which he came or five years in any other foreign State. It will be seen that this decision will not affect cases arising in the future of persons who shall have resided for two years in the foreign States from which they came, because of the fact that more than two years have elapsed since the law went into effect. This decision will affect, however, the cases of naturalized citizens residing in foreign countries other than their countries of origin, because of the fact that, as five years have not yet elapsed since the law went into effect, the presumption created by the statute has not yet become operative against such persons, and will not become operative as to them until March 2, 1912. The status of such persons, meanwhile, must be determined according to the attendant facts and circumstances, which should in each case be fully reported to the department without delay.

I am, etc.,

HUNTINGTON WILSON,
Acting Secretary of State.

PROTECTION OF NATIVE AMERICANS RESIDING ABROAD.

DEPARTMENT OF STATE,
Washington, July 26, 1910.

To the diplomatic and consular officers of the United States.

GENTLEMEN: The department's attention has been called in recent years, especially through registration reports submitted under the circular instruction of April 19, 1907, to numerous cases of persons

67942°-FR 1910-1

claiming American citizenship through birth in the United States, who have resided in foreign lands for many years, and apparently have no real intention of returning to this country to reside. In the circular instruction of March 27, 1899, entitled "Passports for Persons Residing or Sojourning Abroad," especial reference is made to this class of persons, and the following statements appear:

A condition precedent to the granting of a 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 intention to return to it with the purpose of residing and performing the duties of citizenship shall be satisfactorily established. One who as expatriated himself can not, therefore, receive a passport.

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But even where expatriation may not be established, a person who is permanently resident and domiciled outside of the United States can not receive a passport.

After a careful consideration of the principles underlying this whole question of the protection of American citizens abroad, the department has come to the conclusion that in the case of a native American residing in a foreign land, whether civilized or semibarbarous, a definite intention to resume residence in this country should not be made an absolute prerequisite to the privilege of receiving a passport or certificate of registration, or, if necessary, protection by this Government.

In modern times there has been a vast improvement in facilities for communication and transportation between the various nations of the earth, and a corresponding increase in international travel and trade, and it has become a not unusual practice for citizens of one country to establish themselves in another country for purposes of business, without any intention of renouncing their original allegiance. Therefore, it is the department's opinion that the acquisition of permanent foreign residence by a native citizen has not the same significance which it had in former years. It is considered that an American citizen may now have a permanent foreign residence and yet contribute, indirectly if not directly, to the wealth and strength, the prestige and general welfare of his country, so that as long as he maintains a true allegiance to this Government and is ready, if need be, to come to its defense, he may be entitled to its protection.

In each case of an American permanently residing abroad it will be necessary, before deciding as to his right to protection, to determine among other things whether he maintains an actual connection with the United States and a true allegiance thereto, or whether he has practically abandoned this country and identified himself with the political community of the land in which he resides; and while, as to questions arising in regard to registration and the issuance of passports, a lack of intention to resume residence in this country may, upon matters relating to protection as American citizens, still raise a presumption of expatriation, such presumption shall not be considered as conclusive, but the person concerned shall be given an opportunity to show that he is still a true citizen of the United States. In this connection are to be considered the cause of the foreign residence, participation in the politics of the country of residence or abstention therefrom, ties of family, business, or property maintained with this country, and, in the case of a married man, the original nationality of the wife and the mode of raising the children, and, finally, the general conduct of the person in question

It is impossible to lay down a general rule which will be applicable to every case which arises, and each case must be decided upon its peculiar merits. You will, therefore, not finally refuse a passport or registration certificate to any person belonging to the class under consideration until you shall have been authorized to do so by the department after a full presentation of the pertinent facts.

I am, gentlemen, your obedient servant,

HUNTINGTON WILSON,

Acting Secretary of State.

EXPATRIATION.

DEPARTMENT OF STATE, Washington, December 22, 1910.

To the diplomatic and consular officers of the United States.

GENTLEMEN: The department has received a copy of an opinion of the Attorney General under date of December 1, 1910, containing an important ruling as to the meaning of the second paragraph of section 2 of the expatriation act of March 2, 1907 (see expatriation circular of April 19, 1907). The opinion relates to the admission to this country as an American citizen of Nazara Gossin, wife of Jebran Gossin, who was born in Syria, was naturalized as a citizen of the United States in 1905, and returned in 1907 to his native land, where he remained over two years. He was admitted, but his wife, who had trachoma, was detained by the immigration authorities. The following extracts from the decision are quoted for your information:

Section 1994 of the Revised Statutes provides:

"Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen." Nothing to the contrary appearing, I assume that Nazara Gossin "might herself be lawfully naturalized," and hence is to be deemed a citizen upon her marriage to a citizen of the United States. (27 Op. A. G., 507, and cases cited.) Her present citizenship status depends, therefore, upon that of her husband; and, under the facts presented, he is now a citizen unless his citizenship has been forfeited under the act of March 2, 1907 (34 Stat., 1228).

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The presumption as to noncitizenship raised by the act is created for the purpose of relieving the State Department of protecting naturalized citizens abroad when the conditions are apparently such as to indicate that they have no bona fide intention to return to and reside in the United States. When a citizen returns to the United States the necessity for such protection no longer exists, and it is fair to assume that with the cessation of the necessity the presumption created by the act also ceases.

In my opinion, therefore, under the facts stated, Jebran Gossin has not lost his citizenship and his wife, Nazara Gossin, upon the assumption above stated that she herself might be lawfully naturalized, is also to be deemed a citizen.

I am,

P. C. KNOX.

ARGENTINE REPUBLIC.

CELEBRATION OF THE FIRST CENTENNIAL OF THE INDEPENDENCE OF THE ARGENTINE REPUBLIC

File No. 14503/4.

The Argentine Minister to the Secretary of State.

[Translation.

ARGENTINE LEGATION,

Washington, June 15, 1909.

MR. SECRETARY OF STATE: A law of the Argentine Congress has ordained that, through the medium of the executive department, the Governments of America and Europe which have representatives accredited to the Republic be invited to participate in the celebration, in 1910, of the first centennial of its national independence. In accordance with said ordinance I have been charged with the exalted and pleasant duty of inviting the United States Government to take part in said commemoration, trusting that the Nation which, ahead of every other nation, hastened to recognize Argentine sovereignty, will honor by its representation an event so intimately connected with its own history.

In the hope that I shall have the good fortune to transmit to my Government acceptance by the United States Government of the invitation, I have the honor of tendering to your excellency the compliance with the instructions referred to.

I avail, etc.,

EPIFANIO PORTELA.

File No. 14503/4.

The Acting Secretary of State to the Argentine Minister.

No. 82.]

DEPARTMENT OF STATE,

Washington, July 19, 1909. SIR: I have the honor to acknowledge the receipt of your note of the 15th ultimo, in which, by direction of your Government and in pursuance of the provisions of a law of the Argentine Congress, you extend to the United States an invitation to take part in the celebration of the first centennial of the independence of the Argentine Republic.

In reply, it affords me pleasure to say that the Government of the United States, which was the first to recognize the Argentine Republic as a sovereign State, and which has observed with particular satisfaction the steady growth of its power and prosperity, is glad to accept this, courteously extended invitation.

I beg that you will, in communicating this to your Government, do me the favor to convey to it also the expression of this Government's appreciation and cordial recognition of the friendly sentiments which accompany the invitation.

Accept, etc.,

ALVEY A. ADEE.

File No. 14503/8.

The Argentine Minister to the Secretary of State.

[Translation.]

ARGENTINE LEGATION, Washington, November 29, 1909.

MR. SECRETARY OF STATE: By direction of my Government I have the honor to communicate to your excellency the program of ceremonies on the occasion of the centennial anniversary of our national independence.

Accept, etc.,

(Inclosure-Translation.

EPIFANIO PORTELA.

GENERAL PROGRAM OF THE CEREMONIES WHICH WILL TAKE PLACE DURING THE WEEK OF MAY AND ON FOLLOWING Days.

Evening before.

Reception of foreign vessels by the Argentine fleet in the Rio de la Plata. Official reception of the representatives of the army and fleets of foreign countries and other delegates in the Government House.

Naval review by the President of the Republic in the outside roadstead.

May 25.

National hymn in the Plaza de Mayo.

Procession of schools.

Laying of the foundation stone of the Monument to Independence by the President of the Republic.

Te Deum in the Cathedral.

Military review of crews of foreign vessels, Argentine vessels, foreign troops, and the National Army.

Illumination of the city and of warships in dock 4 and the north inner harbor. Gala functions at the Theater Colón.

Following days.

Nautical festivities in the port with the cooperation of foreign and national warships. Inauguration of the expositions of the centenary: Industrial, cattle, agricultural, hygiene, art, terrestrial transports, and railroads.

Opening of Congresses: Scientific, Americanists, hygiene, National Women's. Dedication of the monument to the Armies of Independence in the Plaza San Martín. Dedication of monuments and statues to the members of the first junta. Laying of foundation stones of statues to various great men of independence. Dedication of the Plaza del Congreso and laying in it of the foundation stones of the following monuments: Assembly, 1813; Congress of 1816; Congress of 1853 Reception in the Palace of Congress.

Reception and dedication of the monuments offered by foreigners to the Argentine Republic; British, French, Spanish, Italian, Swiss, and Austro-Hungarian residents. Athletic and equine contests.

G and reunion of races in the Argentine hippodrome.

Reception at private clubs.

Visits into the interior of the country, farms, etc.

Literary festivals; popular festival in general.
Leave taking of foreign delegates.

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