Mr. Hay to Mr. Finch.

No. 256.]

Sir: I have to acknowledge the receipt of your No. 733, of the 3d, and your No. 734, of the 4th ultimo, in regard to the arrest of Louis E. Hufnagel for failure to report for military duty in Uruguay.

You state that he was subsequently released.

In reply I have to say that, although by section 1993 of the Revised Statutes of the United States children born abroad of American fathers are citizens of the United States, the law can not be so construed as to exempt them from the allegiance due to the country of their birth so long as they remain within its territory, provided that by the law of the country where they are born and reside such children are citizens of that country.

The question is fully discussed and numerous precedents are given in Van Dyne on Citizenship, section 8.

I am, etc.,

John Hay.