Mr. Hay to Mr. Tower.
Washington , May 31, 1904 .
Sir: The Department has received your No. 358, of May 13, relative to the rejection by your embassy of the application for a passport of Robert Allen Böker.
From the facts set forth by you it appears his father was an American citizen by birth, but he left this country permanently when he was 8 years of age, in 1853, and when the applicant was born had lived in Germany thirty-two years; and apparently he never performed the duties of an American citizen.
The Department has ruled: “If born after the father has in any way expatriated himself, the children born abroad are to all intents and purposes aliens, and not entitled to protection from the United States” (For. Rel. 1873, pt. 2, p. 1191); and again: “If the father has, at the time of the birth of a son, abandoned his citizenship in the [Page 315] United States, the son can make no claim to such citizenship.” (For. Rel. 1885, p, 396.) See Van Dyne on Citizenship, page 34.
It seems, therefore, that as the applicant’s father had forfeited his right to protection as an American citizen when his son was born, the son is for this reason not entitled to receive such protection, and the rejection of the son’s application for a passport appears to be proper: but not, however, for the reasons given by the embassy in its letter to the consul at Leipzig and in the card announcing the rejection sent to this Department, since, as the Department’s No. 179, of April 26, 1904, stated, if the applicant was born an American citizen his intent to come to this country would be immaterial during his minority.
I am, etc.,