No. 1025.
Mr. Bayard to Mr. Winchester.

No. 108.]

Sir: Your No. 165 of the 17th ultimo, in regard to demanding a declaration of intention to return to the United States from native as well as naturalized American citizens, is received.

While it is true, as you state, that the clause expressing an intent to return is not printed in the “native” as it is in, the “naturalized” application forms, yet it must be remembered that these forms are only intended to be a generally applicable means of applying for passports in a uniform shape for our files, and do not prevent our officials abroad from applying any tests which may seem necessary in their judgment to insure the right of the applicant to a passport. Native citizens as well as naturalized ones may expatriate themselves by acquiring a foreign domicile, and should such prove to be the case in any particular in stance the protection of this Government as expressed by a passport may be refused by a minister.

Citizens who owe their nationality only to the naturalization of their parents can make their applications on the forms for naturalized citizens, inserting the word “my father” with the parent’s name where necessary, [Page 1511] and retaining the first person for the date of their birth and the intention to reside in the United States.

The Department fully appreciates your anxiety and carefulness in these matters, and will fully support you in your efforts to secure honesty of purpose in applications for passports and for general protection by your legation.

I am, etc.,

T. F. Bayard.