Mr. Hay to Mr. McCormick.

No. 45.]

Sir: Your No. 82 of the 7th instant has been received.

It appears that Mr. A. M. Alexander, the father of the applicant for a passport, was born in Prussia, was naturalized as a citizen of the United States, and has lived for some years in Europe. His son, Theodor F. Alexander, was born in Vienna in 1881, when his father was receiving the protection of a passport as a citizen of the United States. Section 1993 of the Revised Statutes of the United States says:

All children * * * born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States.

As there seems to be no doubt that A. M. Alexander was a citizen of the United States when his son was born, his residence and status after that event need not concern us, as the son would be entitled by reason of his birth to the protection of this Government during his minority and until he can elect another nationality. He has, apparently, elected to remain an American citizen by applying for a passport and demonstrating that it is bona fide his intention to come to the United States to live. There is, as this Department explained in its circular instruction of September 26, 1899, entitled “Passports—Intent to return to the United States,” no definite period of time beyond which the protection of a passport is to be refused to a citizen of the United States. Upon the information submitted, therefore, it would appear that Mr. T. F. Alexander is entitled to receive a passport.

I am, etc.,

John Hay.