Mr. Hay to Mr. Dodge.
Washington, April 26, 1904.
Sir: The Department is in receipt of the card from your embassy dated April 14, 1903, showing that the ambassador refused to issue a passport to Robert Albert Böker, who was born in Leipsic May 25, 1885, of native American parents, on the ground that he was unwilling to swear to an intention to go to the United States to live.
The Department has repeatedly ruled that a person born abroad of American parents, being born a citizen of the United States under the law (section 1993, Revised Statutes of the United States), is entitled to the protection of this Government’s passport until he shall have reached the age of 21 years, when he may elect another nationality if he choose. Until that age he is not competent to make such election and retains the status which his birth conferred. (See Foreign Relations, 1879, p. 815; 1901, p. 421; also Van Dyne on Citizenship, p. 32 et seq.)
The facts being as set forth on the card, it would appear that a passport should have been granted Mr. Böker, and you will accordingly recall the embassy’s refusal to issue one in his favor and recall the cards announcing such refusal which may have been sent to other embassies and legations.
I am, etc.,