Mr. Hay to Mr. White.
Washington, February 23, 1899.
Sir: I have to acknowledge the receipt of your No. 660, of the 27th ultimo, inclosing a letter received by you from the secretary of the American society in London, suggesting that Americans sojourning in foreign countries be not compelled, in order to obtain passports, to declare their intention to return to the United States to take up the duties of citizenship within two years.
You observe that this requirement undoubtedly acts occasionally as a bar to the issue of passports to persons who are bona fide native-born Americans, and who pay their taxes, often to a large amount, in the United States, but who, on account of business, health, or other reasons, are unable to remain long in the United States to perform the duties of citizenship.
In reply I have to say that is has been the consistent ruling of the Department that the declaration by an applicant for a passport of intention to return to the United States does not require a statement of a fixed date of return, but the manifestation of a fixed intention to return within some reasonable time, which intention shall not be conspicuously negatived by the circumstances of the foreign domicile of the claimant. The domicile of a person depends upon his intention, which is to be determined upon all the facts of the case. The Department is always well disposed toward those Americans, whether by birth or naturalization, who sojourn abroad in representation of American commercial interests.
I am, etc.,