this Government abroad may be affected by the lawful claims of the Government within whose jurisdiction he was born. It depends also upon those considerations which prevail in the case of any citizen of the United States who takes up his residence in a foreign country. If he desires a passport, he should prove to the legation, as is requisite in such cases, that he has a fixed purpose to come to this country within a reasonable time with the intent of making it his permanent home. "John Maurice Hubbard's intentions in regard to his future domicil are not stated; but, from the circumstance of his resorting to the procedure prescribed by French law to legalize his status as an alien continuing his residence in France, it may be inferred that Mr. Hubbard intends to keep up his present domicil beyond the year following his coming of age. If this be so, the interest which this Government would have in assuring his claim to American citizenship for the purpose of indefinite residence abroad is not apparent. Both international and statutory law in this relation aim to insure to the Government of which the party claims to be a citizen the right and free opportunity to exact of him the fulfillment of the duties of citizenship, as much as to secure to the party the enjoyment of the rights and privileges of citizenship. The relation to be established is reciprocal, involving the allegiance of the person to the state which protects him, as well as the obligation of the state to protect him while he shall bear true faith and allegiance to it. "It rests, therefore, with Mr. Hubbard to determine his status on becoming sui juris. If he in good faith purposes to take up his abode in the United States and here perform the duties and enjoy the benefits of citizenship, he has clearly the right to do so and to be aided therein by his Government. But, if it be his purpose to remain indefinitely abroad, it is not incumbent upon this Government to assist him to evade the obligations of citizenship here and of domicil in France. "It appears that the consul at Havre has supplied Mr. Hubbard with documentary evidence to justify his claim to be a citizen of the United States, and that such evidence may suffice to determine his status as an alien under the French law you quote. It is desirable that the nature of the consul's intervention should be ascertained, and Mr. Williams will be called upon to report fully what he has done in the premises. "Should Mr. Hubbard resort again to the legation after attaining legal age, you will satisfy yourself as to his intentions respecting his future domicil, and, should it appear that he purposes in good faith to perform the duties of citizenship, a passport may be issued to him. The Department sanctions no other evidence of citizenship than this. But if it shall appear that Mr. Hubbard has no fixed intent to dwell in the United States, you will treat his case precisely as any other where the conduct of the applicant suggests a voluntary abandonment of the rights of protection claimed by him, and will withhold a passport." Mr. Blaine, Sec. of State, to Mr. Reid, min. to France, No. 353, Oct. 30, 1891, For. Rel. 1891, 493. See, also, Mr. Reid to Mr. Blaine, No. 428, Oct. 8, 1891, id. 491. "The Department assumes that the statement of Mr. Thompson that he is trying to get a position for young Hubbard in the United States, is a bona fide evidence of intention to come and make a home in this country; and a passport, good for one year only, may be given him to assist in the accomplishment of that end. "A passport is the only formal evidence the Department can give that the United States claims Mr. Hubbard as a citizen. If the French Government requires any other proof of claim, it would doubtless be fully developed in the correspondence which would follow any attempt of the French authorities to disregard the evidence of a passport. But Mr. Hubbard and his guardian should be distinctly advised that this Government can not be expected to manifest any interest in claiming as a citizen a person who is voluntarily withdrawn from the jurisdiction of our laws, and who exhibits no practical intention to fulfill the duties of citizenship. Unless Mr. Hubbard makes good his citizenship within the year, no new passport will be granted him." Mr. Foster, Sec. of State, to Mr. Coolidge, min. to France, No. 119, Dec. 9, 1892, For. Rel. 169. See Mr. Coolidge's No. 77, Nov. 12, 1892, For. Rel. 1892, 168. As to the case of Jacob Woldenberg, in Russia, see Mr. Blaine, Sec. of C., the widow of an American citizen, applied to the legation of the United States at Berlin for a passport for herself and six minor children. It appeared that C. was of German birth, that she had resided abroad since 1873, that she was domiciled in Germany, that all her children were born abroad, and that it was her intention to live in Germany till their education was completed, the eldest being 18 and the youngest 3 years old. It was decided that a passport should be given to her, in order that "the right of her sons to elect American citizenship on their majority may be preserved unimpaired;" and, that, as they came of age, and separate passports became necessary to them," their right thereto must be determined independently and upon their own merits." Mr. Blaine, Sec. of State, to Mr. Phelps, min. to Germany, Nov. 11, 1891, H., born in the United States in 1874, was taken to Venezuela in 1875 by his father, who claimed to have previously declared his intention to become a citizen of the United States, and who in 188 was appointed United States consular agent at San Cristobal, Venezuela. Subsequently the father, after thirty years' absence, returned to his native city, Hanover, taking with him H., who, early in 1892, being then an apprentice at Hamburg, applied for an American passport, declaring it to be his intention in three years, at the expiration of his apprenticeship, "to return to America to reside.” Held, that a passport should issue, subject to any claim of Germany to his allegiance while he remained in that country, since he was born of a German father. For. Rel. 1892, 184, 189. A similar decision was rendered in the case of A. B., id. 184, 188, 191. By article 69 of the constitution of Brazil, it is declared that natives of Brazil, though their parents be foreigners, shall be Brazili n citizens. Certain persons, born in Brazil of American parents and residing in that country, applied to the legation at Rio for passports for purposes of protection while continuing to reside in Brazil. The legation declined to issue passports while the applicants voluntarily remained within Brazilian jurisdiction. Its action was approved. Mr. Olney, Sec. of State, to Mr. Thompson, min. to Brazil, Nov. 12, 1895, D., a native of Russia, who had been naturalized in the United States, was held to have forfeited his right to a passport by reason of his return to and long residence, which was apparently to be continued, in his native country. His minor daughter, 20 years of age. who was born abroad, was, however, held to be entitled to a passport as an American citizen "for the purpose of quitting Russia now or after coming of age; " but it was stated that the passport "should be expressly valid for two years only from date, and not capable of renewal, should her stay in Russia two years hence be as indefinite as it apparently is now." Mr. Olney, Sec. of State, to Mr. Peirce, chargé, No. 335, Nov. 18, 1896, Where a person is born abroad of a father who was a naturalized citizen of the United States and who has remained out of the United States for a number of years, the first question to be determined is whether the father had at the time of the son's birth renounced his American citizenship. If he had not, the case of the son is to be treated like that of a native-born citizen of the United States who has gone abroad; and, if he has attained his majority and has continued to reside abroad since so doing, he must show, before issuance of a passport to him, that he intends "to return to the United States within some reasonably definite period, or at least that he had a definite intention to return for the purpose of residing here permanently." Mr. Sherman, Sec. of State, to Mr. Storer, min. to Belgium, Nov. 8, See, also, Mr. Sherman, Sec. of State, to Mr. Storer, min. to Belgium, George Victor Gross, born at Marseilles, France, Aug. 29, 1885, of an American father, applied to the American embassy in Paris, in July, 1900, for a passport. He stated that he intended to " return to the United States in three years, and desired the passport for the purpose of visiting Germany. The embassy refused to grant the application, but the Department of State directed that the passport be issued, on the ground of the applicant's American citizenship under 1993, R. S. Mr. Adee, Act. Sec. of State, to Mr. Porter, Am. amb., No. 825, Aug. 28, 1900, MS. Inst. France, XXIV. 335. See Mr. Hay, Sec. of State, to Mr. Porter, No. 712, Jan. 4, 1900, The action of the embassy at Rome in granting a passport to the B. was born in February, 1880, of American parents, at Buenos Ayres, in which city he had since resided down to January, 1901, with the exception of two years' absence at school. He desired a passport for use in Europe while on his way to the United States, where he expected to live. It was held that as B. was under § 1993, Revised Statutes, a citizen of the United States, it was proper to issue him a passport, it not appearing that the Argentine Government had made any claim to his allegiance and that he was about to leave that Republic finally and come to the United States. Mr. Hay, Sec. of State, to Mr. Lord, min. to the Argentine Republic, Feb. 25, 1901, For. Rel. 1901, 2. In the case of Rafael Franklin Hine, a youth of 19 years, who was born in Costa Rica of an American father, and was educated and had always lived in that country, but who claimed exemption from military service there as a citizen of the United States, it was held that he might, in virtue of § 1993, Revised Statutes, receive a pass port. It was added, however, that the question "how far the right to protect him may be exerted depends to a considerable extent upon the claims that Costa Rica has upon him under her law, upon which point the Department is not advised." Mr. Hill, Acting Sec. of State, to Mr. Merry, min. to Costa Rica, May 7, 1901, For. Rel. 1901, 421. 8. DECLARATION OF INTENTION. § 502. Passports were at one time issued to persons who had declared their intention to become citizens of the United States. When the practice began, when it ended, and the extent to which it prevailed, the records of the Department of State do not enable us to say. The papers were not issued, however, to such persons as citizens, but only as residents who had declared their intention. In 1823 an application was made for a passport for a Mr. Glazer. With the application there was filed a certified copy of his declaration of intention. In reply, Daniel Brent, chief clerk, for many years a useful and eminent official of the Department of State, enclosed "the passport of this Department," and added: "The Secretary regrets that he can not give a passport to him [Mr. Glazer] as an actual citizen, but only as a resident, having an intention to become one according to the official certificate furnished." Mr. Brent to Mr. Graff, June 7, 1823, MS. Notes to For. Leg. III. 137. Hunt's Am. Passport, 12, 44, mentions a "special passport" granted by Mr. Clay, as Secretary of State, March 15, 1825, to a declarant; but the form there given indicates that it was the passport usually issued at that time in such cases. The language of Mr. Brent seems hardy to leave room for doubt on this point. "I regret that your request in respect to Mr. Zeller can not be complied with. As he is not a citizen of the United States, but only intends to become one, a passport can not be granted to him by this Department." Mr. Forsyth, Sec. of State, to Mr. Ingersoll, Nov. 27, 1835, 28 MS. Dona. See, to the same effect, the following: Mr. Forsyth, Sec. of State, to Mr. Mr. Webster, Sec. of State, to Mr. Ostreuner, April 11, 1842, 32 MS. Dom. Mr. Calhoun, Sec. of State, to Mr. Rohe, May 7, 1844, 34 MS. Dom. Let. "Your letter of the 13th instant has been received, in which you 'enclose a certificate in behalf of Fred Schulenberg, a respectable resi |