protected by this government." Assistant Secretary Cridler to Consul at Lourenco Marques, November 29, 1901.

93. Accepting public office in a foreign country.- Entrance into the civil service of the country of his nativity, by a naturalized citizen of the United States, who has returned to that country, and continues his residence there beyond the length of time at which, by convention between the two states, the intent not to return to the country of adoption may be held to exist, must be taken to be very strong evidence of the absence of intent to return, and must raise a presumption, which might, and probably would, make it very difficult for the country of adoption to assert the continued citizenship of the party thus taking service and continuing to reside in the country of his nativity. Mr. Fish to Mr. Müller, January 28, 1874, 2 Wharton, International Law Dig. p. 367.

Such acts, in addition to the selection and enjoyment of a foreign domicil, as amount to a renunciation of United States citizenship and a willingness to submit to, or adopt, the obligations of a citizenship of the country of domicil, such as accepting public employment, etc., may be treated as effecting expatriation. 14 Ops. Atty. Gen. 295.

94. Agents of American enterprises.- An American, whether by birth or by naturalization, residing abroad, in representation of an American business, and keeping up an interested association with this country, is not deemed to have forfeited his nationality by residence abroad. See Hunt's American Passport, p. 206.

"Were we to hold that citizens of the United States cannot, without forfeiting their nationality, reside from time to time in South American states as agents of their countrymen, the business of both continents would receive a heavy blow. In affairs so vast, so intricate, and so continuous as those of Alsop & Co.,

for instance, there can be neither consistency nor responsibility of action except through trusted agents, who, while taking up continuous abode in their places of business action in South America, would from early personal relations be in the confidence of their chiefs, making their central business in this country the place to which their domiciliary duties would relate, and continuing to subject themselves to the laws of the country in which the firm is domiciled. As a matter of public policy, therefore, as well as of international law, I cannot but conclude that Mr. Wheelwright's domicil and nationality are in the United States." Mr. Bayard to Mr. Roberts, March 20, 1886, 2 Wharton, International Law Dig. pp. 369, 370.

An exception has been made in the case of agents of American business houses who are engaged in foreign lands in promoting trade with the United States. Mr. Gresham to Mr. Runyon,

November 1, 1894, American Passport, p. 209.

In enumerating the circumstances which should exercise an influence in determining whether or not a passport should issue to a person residing abroad, Secretary Hay states that "the circumstance which is, perhaps, the most favorable of all, is that the applicant is residing abroad in representation and extension of legitimate American enterprises." Circular Instructions to Diplomatic and Consular Officers, March 27, 1899.

95. When residence abroad is due to ill health or financial condition. In Secretary Hay's circular instruction of March 27, 1899, it was stated that a favorable conclusion in determining whether a passport shall be granted to one residing abroad may be influenced by the fact that reasons of health render travel and return to the United States impossible or inexpedient; and that pecuniary exigencies interfere with the desire to return.

So, in the case of Strahlheim, which arose in Switzerland in 1902, where it was shown that the applicant was prevented from

returning to the United States, where he was born, by precarious health and impecunious circumstances, it was held that he was entitled to a passport. Mr. Hay to Mr. Hardy, May 20, 1902,

For. Rel. 1902, p. 975. 96. Taking oath of allegiance to foreign powers.- Assistant Secretary Porter, on August 18, 1887, held that citizens of the United States, who take the oath of fealty promulgated as a part of the new Constitution of Hawaii, remain citizens of the United States, and are entitled to be regarded and protected as such. For. Rel. 1895, p. 849.

The oath mentioned was, "to support the Constitution, laws, and government of the Republic of Hawaii."

But in the case of J. F. Bowler, a citizen of the United States, who, in 1895, took an oath to support the Constitution and laws of the Hawaiian islands, and bear true allegiance to the King, without expressly renouncing or reserving his allegiance to the United States, Secretary Gresham said: "Bowler manifested his intention of abandoning his American citizenship by taking the oath to support the Constitution and laws of Hawaii, and bear true allegiance to the King, and, so far as is known, he manifested no contrary intention before his arrest. The oath is inconsistent with his allegiance to the United States. By taking it he obligated himself to support the government of his adoption, even to the extent of fighting its battles in the event of war between it and the country of his origin. He could not bear true allegiance to both governments at the same time. The President directs that you inform Mr. Bowler that he is not entitled to the protection of the United States." For. Rel. 1895, p. 853.

And in the case of Frank Godfrey, an American citizen who had taken the oath of denization in the Hawaiian islands, Secretary Olney, on November 13, 1895, said: "Under the decisions

of my predecessor, his taking the oath and voluntarily subjecting himself to accountability to the laws of the Hawaiian Republic, and to performance of all the duties and obligations of a citizen thereof, constitute naturalization for all Hawaiian purposes, while within Hawaiian jurisdiction, and the phrase, 'these letters are without prejudice to his native allegiance," can have no significance, either as to his status within Hawaiian jurisdiction, or as to his status within the jurisdiction of the United States, should he return hither, for, in the latter case it would be determinable by the laws of this country, and not by an administrative act of Hawaii." Mr. Olney to the United States Minister in Hawaii, For. Rel. 1895, pt. 2, p. 867.

97. Missionaries. Our legations have been authorized to issue passports to missionaries in foreign lands whose residence there was continuous and practically permanent, and who could not allege any definite intention of returning to, and residing in, the United States. Mr. Gresham to Mr. Runyon, November 1, 1894, American Passport, p. 209.

The presumption of abandonment of nationality by long residence abroad is rebutted by a proof that such residence was that of a missionary, who never intended to relinquish his nationality or his purpose finally to return home. Mr. Everett to Mr. Marsh, February 5, 1853, 2 Wharton, International Law Dig. p. 350.

98. Residents in semi-barbarous country. The status of American citizens resident in a semi-barbarous country, or in a country in which the United States exercises extraterritorial jurisdiction, is singular. If they were not subjects of such power before they acquired citizenship in the United States, their residence may be indefinitely prolonged, since obviously they cannot become subjects of the native government without grave peril to their safety. The Department's position with

respect to these citizens has uniformly been to afford them the protection of a passport as long as their pursuits are legitimate and not prejudicial to the friendly relations of this government with the government within whose limits they are residing; and the Department has even held that persons who are members of a distinctly American community in Turkey, and avail themselves of the extraterritorial rights givea by Turkey to such communities, may inherit their rights as American citizens, and that § 1993 of the Revised Statutes of the United States (J. S. Comp. Stat. 1901, p. 1268), which provides that "the rights of citizenship shall not descend to children whose fathers never resided in the United States," is not applicable, such descendants being regarded, through their inherited extraterritorial rights, recognized by Turkey herself, as born and continuing in the jurisdiction of the United States." Circular Instruction of Secretary Hay to Diplomatic and Consular Officers, March: 27, 1899; For. Rel. 1887, p. 1125.

99. Resumption of nationality. A citizen of the United States who acquires a foreign nationality can resume American nationality only by one of the processes of naturalization. For. Rel. 1884, p. 451; 14 Ops. Atty. Gen. 295.

Persons who have formally renounced their allegiance to the United States, and have assumed the obligations of citizens or subjects of another power,-in other words, persons who have denationalized or expatriated themselves,-are aliens to the United States, and can become citizens only by virtue of the same laws, and with the same formalities, and by the same process, by which other aliens are enabled to become citizens. Mr. Fish to the President, August 25, 1873; For. Rel. 1873, pt. 2, p. 1192.