Mr. Hill to Mr. Pioda.
Washington, June 14, 1901.
Sir: I have the honor to acknowledge the receipt of your note of the 24th ultimo in regard to one Emile Stolz.
Without going into a recital of the facts in his case as set forth in your note, I desire to state that the refusal of the legation of the United States at Berne to issue a new passport to Stolz was entirely justified by the facts and by the general instructions of this Department.
Stolz, who obtained naturalization in the United States, has been absent from this country for fourteen years. He settled in Switzerland, married, and reared a family there. It appears also that he has taken every step in his power to acquire Swiss nationality, but is unable to find any commune which will accept him as a burgher because of his scanty means and large family.
The position of this Government in cases like this where an American citizen goes to a foreign country and settles there animo manendi, is that he thereby forfeits the right to the protection of this Government and is to be considered as having expatriated himself.
The Department is unable to comply with the request of your Government that the legation of the United States at Berne be authorized to issue a new passport to Stolz.
Accept, etc.,
Acting Secretary.