From this view the Department of State dissented, saying that, while the issuance of passports was discretionary, the conduct or deportment of applicants had not been made the subject of regulation; that their acts, if wrongful, were matters to be dealt with under the law of the place of sojourn; that a citizen of the United States, even when accused of crime in a foreign country, would be entitled in case of need to such certification of his status as a passport affords; that the cases, such as those of the emissaries of polygamous Mormons, in which passports were directed to be refused, were rare and related to persons whose conduct in another country was violative of the laws of the United States; that, while the Federal statutes took cognizance of questions of morality in the case of aliens immigrating or applying for citizenship, they did not reach the case of citizens returning to the United States; and that a passport should not be withheld from a bona fide citizen, unless under authority of law or of instructions and regulations made pursuant to law. The legation was therefore instructed to issue the desired passports in case the persons in question should make a proper application for them either through the consul or directly. Mr. Conger, min. to China, to Mr. Fowler, consul at Chefoo, July 3, 1899; See, contra, Mr. Cridler, Third Assist. Sec. of State, to Mr. Fowler, In the case of Francis W. Putnam, a native citizen of the United States, residing in Colombia, who had served a sentence for felony on conviction by a Colombian court, it was held that a foreign conviction of crime was not a bar to an application by the party convicted for a passport, "because foreign convictions of crime are not to be regarded as extraterritorial in their operation." Mr. Bayard, Sec. of State, to Mr. Walker, chargé, March 29, 1888, For. Rel. 1888, I. 420. It may be observed that this technical rule with regard to the effect of foreign convictions of crime has been the subject of variant judicial decisions with reference to the credibility of witnesses. The granting of passports is, as has been seen, expressly made, by the statutes, a matter of discretion. It is to be observed that in Putnam's case the legation, although instructed as above, was not directed to issue a passport, but was directed to inquire whether the applicant had not by continuous foreign residence lost his claim to a passport, 2. RENUNCIATION OF ALLEGIANCE. § 513. Dr. Alberto Lacayo, a native of Nicaragua, born in 1857, came to the United States in 1872, and was naturalized in 1879. In the same year he obtained a passport from the Department of State and went. to Nicaragua, where he resumed his residence and entered into business as a druggist. He afterwards paid several visits to the United States, and in 1886 obtained a new passport from the Department of State. His last visit to the United States was in 1891. In January, 1893, he applied to the United States legation at Managua for a new passport. He filled up the printed form of application only partly, being unable to state that he was "domiciled in the United States" and had a "permanent residence therein." He informed the legation that he was residing with his parents in Nicaragua and intended to remain with them as long as they lived, although it was his purpose after their death to go to the United States and reside there permanently. It also appeared that during three months in 1890 he filled the office of alcalde of Granada, in Nicaragua. He stated that he was elected to this office "against his will." His application was referred to the Department of State. It appeared that by the constitution of Nicaragua every public official, on assuming the duties of his office, is required to take an oath "to obey and cause to be obeyed the constitution and laws;" that an alcalde, being a public official, takes that oath; that when the office of prefect of department suddenly becomes vacant the first alcalde assumes the duties of that office; that alcaldes are members of the municipal corporation, and that by the laws of Nicaragua “those who are not citizens cannot be municipal officers." The Department of State held: "The nature of the oath taken by Dr. Lacayo, when accepting the office of alcalde of Granada, appears to be conclusive against the issuance of a passport." Mr. Gresham, Sec. of State, to Mr. Baker, min. to Nicaragua, May 17, 1893, For. Rel. 1893, 185. See, also, id. 180, 183, 184. “I have to acknowledge the receipt of your despatch No. 633, of the 21st ultimo, relative to the application of Baron Seillière for a passport, and to inform you in reply that Marie Nicolas Raymond Seililère received passport No. 33952, November 25, 1891; that he was born in France, naturalized as an American citizen before the common pleas court of New York, November 23, 1891, immediately after which he returned to his native country. "The question for the Department to decide is as to Mr. Seillière's bona fides in renouncing his title of nobility and acquiring American citizenship, and further as to the fixity of his purpose to make this country his home and here fulfil the duties of good citizenship. The circumstance of his naturalization, issuance of a passport and return to France having followed in rapid succession, coupled with the loss of the documentary evidence of his citizenship, may be weighed by you in connection with such evidence as he may adduce of continued assertion of his American status during the nine years he has resided in France. As Mr. Seillière's application to you seems to have been made under the style of Baron,' it may be well for you to remind him that in becoming a citizen of the United States and as an indispensable condition of acquiring American nationality he had to renounce his nobiliary title, in conformity with the fourth provision of section 2165, Revised Statutes, which reads: “Fourth. In case the alien applying to be admitted to citizenship has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court. "You should inform him that this Government recognizes the entire liberty of a naturalized alien to resume his original status, and that the intention to resume it may be inferred from the individual's voluntary acts, such as withdrawal from the jurisdiction of the United States, resumption for many years of domicil in the land of origin, and renewed use of any hereditary title or order of nobility. he may have formerly possessed.” Mr. Hay, Sec. of State, to Mr. Porter, amb. to France, No. 745, March 15, 1900, MS. Inst. France XXIV. 273. See supra, pp. 850-853. Frederick Knochtenhofer was born in Switzerland in 1873, came to the United States in 1893, and was naturalized in September 1899. A month afterwards he returned to his native land and took up his residence with his father. On applying for a passport as a citizen of the United States, he admitted (1) that he had not renounced his Swiss citizenship and did not intend to do so, and (2) that he intended to remain with his father and help him work the farm. The legation at Berne declined to issue a passport, and its action was approved. Mr. Hay, Sec. of State, to Mr. Leishman, min. to Switzerland, Dec. 12, 1899, For. Rel. 1899, 764. Where a native of Turkey, naturalized in the United States, reentered his native land as a Turk, and accepted a teskéreh as a Turkish subject, and on this ground the United States consul-general at Constantinople refused to visé the passport which he had before leaving America obtained from the Department of State, the Department said: "The circumstances of his return to Turkey bring his case within the rule laid down by Mr. Fish (Consular Regulations, 1874, section 110): For a naturalized citizen may by concealing. . . the fact of his naturalization and passing himself as a citizen or subject of his native country until occasion may make it his interest to ask the intervention of the country of his adoption so far resume his original allegiance as to absolve the Government of his adopted country from the obligation to protect him as a citizen while he remains in his native land.' "The Department has on several occasions held that a person naturalized here, who returns to the country of origin and passes himself as a citizen or subject of that country, has by his own act testified his renunciation of his acquired status, as he has a perfect right to do." Mr. Adee, Second Assist. Sec. of State, to Mr. Dickinson, No. 29, Sept. 3, 1898, 163 MS. Inst. Consuls, 508. 66 The United States legation at Constantinople having reported that many naturalized citizens of Turkish origin returned to Turkey with Ottoman passports, and having inquired whether such persons should be regarded as having abandoned their American citizenship and as no longer entitled to American passports, the Department of State replied that a person receiving a Turkish passport is not entitled to receive a passport from the United States;" and that the legation "should refuse passports to all persons of Turkish origin who do not present an American passport or authenticated naturalization papers," and "should regard the possession of a Turkish passport as sufficient evidence that the holder should not receive one from the United States." Mr. Hay, Sec. of State, to Mr. Griscom, chargé at Constantinople, Jan. 11, 1900, For. Rel. 1900, 937. A passport will be refused to a person applying therefor while abroad when the circumstances show a purpose to reside indefinitely in a foreign country or fail to show a reasonable intention to return to the United States. It may happen that a person, to whom a passport is so refused, may, upon return to the United States, establish his right thereto in the absence of any judicial impugnment of his status. Mr. Rockhill, Acting Sec. of State, to Mr. Terrell, min. to Turkey, April 27, 1897, For. Rel. 1897, 584. 3. EFFECT OF FOREIGN DOMICIL, OR RESIDENCE. $ 514. "In all cases where indubitable evidence of citizenship, either native or naturalized, is presented to the legation by persons temporarily domiciled in the countries to which you are accredited, or in transit through them, either a certificate of citizenship or a passport, as the circumstances may require, may be furnished to them by the legation. . "Instances have occurred, and it is not improbable that they may again be presented, in which citizens of the United States who had resided abroad for so long a time, and had formed connections, either of a commercial, or family nature, so intimate and binding as to render them, as far as they could be without a formal renunciation of their allegiance to the United States, citizens or subjects of the country in which they have been domiciled, have sought the protection of this Government, and claimed the privileges of its citizens when danger has threatened or when violence has attacked their persons or their interests. Such claims would, of course, be entitled to consideration, but the Government would require to be fully satisfied that citizenship had not at any time been disclaimed or abandoned for selfish purposes before it would feel bound to demand redress for such claimants. Interposition in such cases would be extended as a matter of grace, and not of right." Mr. Marcy, Sec. of State, to Mr. Peden, min. to Arg. Rep., April 10, 1856, A passport will not be granted to a naturalized citizen who may be inferred, from long residence abroad and other circumstances, to have abandoned his nationality. Mr. Fish, Sec. of State, to Messrs. Lockwood & Post, Oct. 27, 1874, 105 H. G., a naturalized citizen of the United States, had resided, at least since 1870, in Nicaragua, where he had married, had reared a family, and apparently intended to remain. In 1881 he solicited a passport for himself and his family from the American legation, as well as its interposition in a matter between him and the Nicaraguan Government concerning the duties on some imported goods. It was held that, without regard to the question of his "actual citizenship," concerning which no opinion was expressed, his requests should not be complied with. Mr. Blaine, Sec. of State, to Mr. Logan, No. 132, March 9, 1881, MS. Inst. Karl Klingenmeyer applied to the United States legation in Berlin in 1884 for a passport. He was born in Würtemberg in 1862. His father, who was also a native of that country, had been naturalized in the United States, but it was doubt ful whether he had not at the time of Karl's birth renounced his American nationality. It appeared, however, that Karl Klingenmeyer had not, until the filing |