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through the Department of State. This instruction is especially applicable to communications from subordinates of other Departments. Such communications should not be answered without first obtaining permission from the Department of State to do so.
135. Printed matter.—Printed matter should be transmitted under cover open at both ends, if sent through the regular mails.
136. Receipt of instructions. The receipt of all instructions from the Department of State must be acknowledged by return mail.
CITIZENS, PASSPORTS, AND PROTECTION.
137. Native citizens. —All persons born in the United States and subject to the jurisdiction thereof are citizens of the United States. The circumstance of birth within the ['nited States makes one a citizen thereof, even if his parents were at the time aliens, provided they were not, by reason of diplomatic character or otherwise, exempted from the jurisdiction of its laws. Indians born within the territorial limits of the United States to whom allotments of land have been made by law or treaty, or who have voluntarily taken up a separate residence within its limits apart from any Indian tribe and have adopted the habits of civilized life, are citizens.-U. S. Const. Amend. XIV.; R. S., sec. 1992; 24 Stat. L.. 388.
138. Children of citizens born abroad. All children born out of the limits and jurisdiction of the United States whose fathers were at the time of their birth citizens thereof are citizens of the United States; but the rights of citizenship do
not descend to children whose fathers never resided in the United States. That the citizenship of the father descends to the children born to him when abroad is a generally acknowledged principle of international law.-R. S., sec. 1993.
139. Naturalized citizens.--Naturalization is a judicial act, and a certificate of naturalization, in regular form, by any circuit or district court of the United States, or a district or supreme court of the Territories, or a court of record of any of the States having common-law jurisdiction and a seal and clerk, will be treated by consular officers as conclusive evi. dence of citizenship, except as herein otherwise provided. R.S., sec. 2165.
140. Chinese and other excepted races.—The Statutes of the United States, with respect to naturalization, authorize the naturalization only of white persons, persons of African nativity or descent, and members of any Indian tribe or nation residing in the Indian Territory. Section 14 of the act of May 6, 1882, also specifically prohibits the naturalization of Chinese. The naturalization of Chinese and other Mongolians and of all persons not white, nor of African nativity or descent, nor an Indian as aforesaid is unauthorized and void, and consular officers will disregard their certificates of naturalization.-R. S., sec. 2169; 22 Stat. L., 61, sec. 14; 26 Stat. L., 99, sec. 43; 5 Saw., 155; 16 Ner., 50, 61; 84 Cal., 163; 21 Pac. Rep., 993; 149 U. S., 716.
141. Wife of citizen.—Any white woman, or woman of African nativity or descent, or Indian woman, married to a citizen of the United States is a citizen thereof; and it is immaterial whether the husband became a citizen before or after mar. riage.-R. S., sec. 1994; 7 Wall., 496; 25 Stat. L., 392.
142. Children of naturalized citizens.—The children of persons who have been duly naturalized under any law of the United States, being under the age of 21 years at the time of the naturalization of their parents, shall, if dwelling in the
nited States, be considered as citizens thereof.-R. S., sec. 179: 6 Cranch, 176. 143. Declaration of intention.—The declaration of intention o become a citizen of the United States does not make one citizen, and the certificate of a court that such declaration las been made is not evidence of citizenship; but when any lien who has made the prescribed declaration dies before he kactually naturalized, the widow and children of such alien re considered as citizens of the United States upon taking he oaths prescribed by law.-R. S., secs. 2165, 2168. 144. Expatriation. The right of expatriation is declared by ection 1999 of the Revised Statutes, but the method by which a citizen may renounce his allegiance to the United states is not specifically provided by statute. It is, however, provided by treaties with certain countries (Appendix IV). Generally, for the purposes of this article, consular officers will not consider as citizens of the United States any who lave voluntarily become naturalized or otherwise invested rith citizenship in a foreign state.-R. S., sec. 1999.
145. Deserters.-All persons convicted by a court-martial or »ther court of competent jurisdiction of having deserted the nilitary or naval service of the United States, and who did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President dated the 11th day of March, 1865, and who have not been relieved therefrom by act of Congress or otherwise, are deemed to have voluntarily relinquished and forleited their rights of citizenship.-R. S., sec. 1996; 115 U.S., 01.
PASSPORTS. 146. Who may issue.- Passports can be issued in the United tates only by the Secretary of State. In foreign countries hey may be issued, granted, and verified only by such diplomatic and consular officers of the United States and under such rules as the President shall designate and prescribe: and no other person shall grant, issue, or verify any such passport.-R. S., sec. 4075.
147. By diplomatic officers.- Where a legation of the United States is established in any country, no person other than the diplomatic representative of the United States at such place shall be permitted to grant or issue any passport except in the absence therefrom of such representative.-R. S., sec. 4075.
148. By consulates.---No consulate-general, consulate, or commercial agency will issue passports, except those thereunto specifically authorized by the Department of State. Consular agencies are never so authorized.
149. To citizens only.—No passport shall be granted or issued to or verified for any persons other than citizens of the United States.—R. S., sec. 4076. 150. When issuance discretional.—Ordinarily passports should
hould be granted to native or naturalized citizens upon application and the prescribed proof of citizenship. If there is good reason to believe, however, in the case of a naturalized citizen, that his certificate of naturalization has been improperly granted, as for example, that the bearer, not being a seaman or not having served in the army (R. S., secs. 2166, 2174), did not reside within the United States for the continuous term of five years next preceding his naturalization (R. S., sec. 2165). the granting of a passport should be withheld pending the instructions of the Department of State. The granting of a passport should also be withheld pending the instructions of the Department where the applicant, whether native or naturalized, has resided without the United States for a long period of time under such circumstances as to warrant the inference that he has practically abandoned his country. In all such cases the facts should be fully reported to the Department for further instructions.
151. Application.-Native citizens applying for a passport must present their application, make an affidavit with respect to birth, take the oath of allegiance, and furnish an identification by a creditable person, all in duplicate, and according to Form No. 176. Naturalized citizens must comply with the same requirements, using Form No. 177, or, if claiming citizenship through the naturalization of husband or parent, using Form No. 178. A naturalized citizen must also exhibit his original certificate of naturalization, or that of the husband or parent through whom citizenship is claimed, or a duly certified copy thereof from the court granting the same. Further evidence of the applicant's citizenship may be required if deemed necessary. The identity of an applicant for a passport should always be established before a passport is issued, and the nature of the proof, whether documentary or by a witness or by the personal knowledge of someone connected with the consulate, should be stated on the application.
152. Expiration of passport.- A passport expires two years after the date of its issuance, and will not be renewed. A new passport may be issued upon a new application in accordance with the provisions of the previous paragraph.
153. Old passport in lieu of naturalization certificate. In the case of a naturalized citizen, an old passport issued at the consulate to which the new application is made will be accepted in lieu of a naturalization certificate if the application upon which it was originally issued contains sufficient information as to the immigration, residence, and naturalization of the applicant. Such old passport should be retained and sent to the Department of State with the application in making the report required in paragraph 163.
154. Prior passport by Secretary of State.- When a person applies for a new passport before his old passport has expired, the latter, if issued by the Secretary of State, coupled with proof that the person in whose behalf it is presented is the