Compilation of Certain Departmental Circulars
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Excerpt from Compilation of Certain Departmental Circulars: Relating to Citizenship, Registration of American Citizens Issuance of Passports, Etc The Secretary of State to the diplomatic and consular officers of the United States. Department of State, Washington, March 27, 1899. Gentlemen: 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 has expatriated himself can not, therefore, receive a passport. Expatriation has been defined by Mr. Hamilton Fish as "the quitting of one´s country, with an abandonment cf allegiance and with the view of becoming permanently a resident and citizen of some other country, resulting in the loss of the party´s preexisting 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 fide animo revertendi, and do nothing inconsistent with his preexisting allegiance, he will not thereby have taken any step towards 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 a political domicile, 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." 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. "When a person who has attained his majority removes to another country and settles himself there he is stamped with the national character of his new domicile; and this is so, notwithstanding he may entertain a floating intention of returning to his original residence or citizenship at some future period, and the presumption of law with respect to residence in a foreign country, especially if it be protracted, is that the party is there animo manendi, and it lies upon him to explain it." (Mr. Fish to the President, For. Rels., 1873, 1186, et sequ.) About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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