Mr. Hay to Mr. Porter.
Washington, January 17, 1902.
Sir: Your No. 945, of the 2d instant, forwarding a memorial of the American Chamber of Commerce at Paris, requesting a modification of [Page 408] the rules followed by your embassy relative to the issue of passports to American citizens, has been received.
The complaint of the chamber of commerce that a strict rule requiring an applicant for a passport to state when he intends to return to the United States is unjust and works hardship is reasonable. It was not intended that that general suggestion should be interpreted in accordance with the letter. This Government lays down no inflexible rule regarding the limit of time which an American citizen residing abroad must not overstay if he wants the continued protection of the United States, nor does it demand as a condition sine qua non that he should state when he intends to return. The chamber of commerce misunderstands this Government’s position. The Government holds that every citizen sojourning or traveling abroad in pursuit of his lawful affairs is entitled to a passport; and the duration of such sojourn the Department does not arrogate to itself the right to limit or prescribe. Permanent residence in a foreign land, however, and severance of all tie and relations with the United States has always been held to be tantamount to expatriation from the United States, and a consequent dissolution of the reciprocal relation of this Government and its citizens.
The general rules laid down in the Department’s circulars of March 27 and September 26, 1899, must be interpreted and applied to the circumstances of each individual case with a sound discretion.
Two copies of each of these circulars are inclosed.a You will send one copy of each to the chamber of commerce with your reply, as explaining the Department’s attitude.
I am, etc.,