Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1901
Mr. Conger to Mr. Hay.
Pekin, November 4, 1901.
Sir: I have the honor to inclose to you herewith copies of correspondence relating to the claim to American citizenship of one Lanx Chung Wa, a Chinese living at Canton, and to be, etc.
Mr. McWade, consul, to Mr. Goodnow, consul-general.
Canton, China, October 16, 1901.
My Dear Mr. Goodnow: Will you kindly give me your advice in the following case:
Lam Chung Wa, a resident of Canton, has called on me at the consulate and preferred a request to be registered here as an American citizen. He was a resident of the Hawaiian Islands for seventeen years, prior to that Territory becoming our property. His papers show that he was a naturalized Hawaiian subject. He left Hawaii in 1897 for Canton, where immediately after his arrival he engaged in business as a merchant. He is still a merchant and in good standing. I inclose for your courteous perusal and decision all of his original papers and his photograph.
I have told Lam Chung Wa that I will refer his case to you for decision. I hope that I am not giving you too much trouble.
With kindest regards, etc.,
Mr. Goodnow to Mr. Conger.
Shanghai, October 22, 1901.
Sir: I hand you herewith Consul McWade’s No. 193, and hope you will instruct him.
I am, etc.
Mr. Conger to Mr. Goodnow.
Sir: I have to acknowledge receipt of your dispatch No. 357, of the 22d ultimo, transmitting Consul McWade’s dispatch No. 193, of the 16th ultimo, requesting instructions upon the citizenship of one Lam Chung Wa.
It appears from the evidence submitted that the said Lam Chung Wa is a native of Heong Sang, in the province of Kuangtung, Empire of China; that on the 19th day of August, 1886, he was naturalized as a citizen of the Kingdom of Hawaii before W. M. Gibson, minister of the interior; that he was recognized as such naturalized citizen by passport No. 1454, issued to him September 1, 1890, by the acting consul-general of Hawaii at Hongkong, and again by a special certificate issued to him by H. E. Conger, minister of foreign affairs of Hawaii, on November 22, 1897.
The act of Congress of April 30, 1900, entitled “An act to provide a government for the Territory of Hawaii,” provides as follows:
“Sec. 4. That all persons who were citizens of the Republic of Hawaii on August 12, 1898, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii.”
By virtue of the above Lam Chung Wa is a citizen of the United States, unless he has renounced such citizenship.
In this connection I call your attention to the statement in Mr. McWade’s dispatch that Lam Chung Wa left Hawaii in 1897 for Canton, where immediately after his arrival he engaged in business as a merchant, and where he is still a merchant in good standing.
A citizen of the United States “may reside abroad for purposes of health, education, amusement, or business for an indefinite period, and may even acquire a civil or commercial domicile there, without expatriation, providing he does so with the intention in good faith of returning to the United States. But if he permanently withdraws himself and his property and places both where neither can be made to contribute to the national necessities, acquires a political domicile in a foreign country and avows his purpose not to return, he has placed himself in the position where his country has the right to presume that he has made his election of expatriation.”
This presumption arises more readily “when a naturalized citizen of the United States returns to his native country and resides there for a series of years with no [Page 132] apparent purpose of returning.” By some of our naturalization treaties a residence of two years in the country of nativity without the intention of returning being in some way made apparent, is sufficient to give rise to the presumption of self-expatriation.
I beg to suggest that Consul McWade be advised to exercise great care before registering Lam Chung Wa as a citizen of the United States, that “his claim to American citizenship shall not be made the pretext of avoiding duties to one country while absence secures him from duties to another.”
I am, etc.,