No. 399.
Mr. Bayard
to Mr. McLane.
Washington, July 20, 1888.
Sir: In the case of Mr. Felix Poyard, reported in your No. 633 of the 6th instant, a settled and continuous residence of thirty years in France, the country of his origin, to which he had voluntarily returned and where he had made his domicil, would seem in all reason to have indicated his abandonment of his acquired American citizenship, unless satisfactorily rebutted by proof of special countervailing circumstances. In that long period it does not appear he had ever performed any duty of an American citizen, although during a portion of the time the resources of the country were strained to the utmost; and yet by a vague oral declaration of his intention at some future time to return here, he is to be held entitled to all the privileges and protection for which he has not rendered the slightest equivalent.
In all such cases I hold that very strict inquiry should be instituted, and if the French domicil has been established, and the usual evidence of a continuing intent to live and die in that country is found, then there can be no pretext for certifying by means of an American passport a correlative allegiance and protection which do not exist.
As to the minor children of such a person born abroad, who were never in the United States, and not being sui juris, can not elect their domicil or citizenship, the objection to issuing passports to them is even stronger; and during minority they can claim nothing more at least than their parent. The minor does not require a passport to enable him to come to the United States, to which country he can resort whenever he chooses.
It must not be forgotten that in such cases it is always in the power of the applicant, by a return to the United States, or by the performance of some act affirmative of citizenship in this country, to relieve his case of doubt.
Neglect of rights and duties often involves loss, but the maxim applies in respect of rights of citizenship as much as to other rights—“vigilantibus non dormientibus subvenient jura.”
I am, etc.,