Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 1, 1873

No. 496.
The President to the Secretary of State.¹

Executive Mansion,
Washington, D. C., August 6, 1873.

Sir: Circumstances have made it desirable that I should have the opinions of the principal officers in each of the Executive Departments respecting several questions which are stated below.

It is proper to say that these questions concern solely the relations between the Government and persons who may claim its protection as citizens of the United States. They do not extend to an inquiry whether rights of succession or of property may or may not be affected by any of the conditions referred to.

Your opinion on these subjects, in writing, at your early convenience, is desired, with a view to forming a general plan of conduct for the Executive in respect to such questions.

You will inclose your reply, addressed to me, under cover to the Secretary of State, indicating on the envelope that it is in reply to my letter of this date.

I am, sir, your obedient servant,

U. S. GRANT.

Hon. Hamilton Fish,
Secretary of State.

Questions.

Executive Mansion,
Washington, August 6, 1873.

I. The law-making power having declared that “the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness,” (15 Stat. at Large, 223,) should the Executive refuse to give effect to an act of expatriation of a citizen of the United States?

II. May a formal renunciation of United States citizenship, and a voluntary submission to the sovereignty of another power, be regarded otherwise than as an act of expatriation?

III. Can an election of expatriation be shown or presumed by an acquisition of domicile in another country, with an avowed purpose not to return?

IV. Ought the Government to hold itself bound to extend its protection, and consequently exert its military and naval power for such protection, in favor of persons who have left its territories, and who reside abroad, without an apparent intent to return to them, and who do not contribute to its support?

V. What should constitute evidence of the absence of an intent to return in such cases?

VI. When a naturalized citizen of the United States returns to his native country and resides there for a series of years, with no apparent purpose of returning, shall he be deemed to have expatriated himself, where the case is not regulated by treaty?

VII. Are the children born abroad of a person who has been a citizen of the United States, but who has become a subject or citizen of another power, or who has expatriated himself, citizens of the United States entitled to its protection?

VII. Can a person who has formally renounced his allegiance to the United States, and assumed the obligations of a citizen or subject of another power, become again a citizen of the United States in any other way than in the manner provided by general laws?

U. S. GRANT.

1. A similar letter was addressed to each head of an Executive Department.