The Acting Secretary of
State to the German
Ambassador.
Department of State,
Washington, November 20,
1906.
No. 457.]
Excellency: I have the honor to acknowledge the
receipt of your note of the 25th ultimo, from which it appears that
Alexander Bohn, a German subject, came to America in 1881, and married
Anna Maria Oeffler, apparently also a German subject, in 1882, at
Jeffersonville, Ind.; that Jacob Bohn was born to them at
Jeffersonville, February 16, 1885; that Alexander Bohn seems to have
made declaration of his intention to become a citizen of the United
States, but whether or not he ever took out his final papers does not
appear; that he died in 1891, and his widow returned to Germany in 1892,
taking her children with her; among them was Jacob Bohn, who was seven
years old at the time, and that since that time Jacob Bohn has resided
with his mother at Ludwigshafen in Germany.
Inquiry is made on behalf of the Bavarian government whether the
Government of the United States claims and recognizes Jacob Bohn as an
American citizen.
[Page 657]
While it would seem to be impossible to speak with certainty as to Mr.
Jacob Bonn’s status without a more detailed showing of facts than is
made in the above statement, it gives me pleasure to inclose the
following memorandum of the law officer of the department covering the
principles upon which this department has acted in similar cases.
Accept, excellency, etc.,
memorandum.
Assuming that Alexander Bohn never became a citizen of the United
States, Jacob Bohn was born of German parents in the United States.
According to the Constitution and laws of the United States as
interpreted by the courts, a child born to alien parents in the
United States is an American citizen, although such child may also
be a citizen of the country of his parents according to the law of
that country.
Although there is no express provision in the law of the United
States giving election of citizenship in such cases, this department
has always held in such circumstances that if a child is born of
foreign parents in the United States, and is taken during minority
to the country of his parents, such child upon arriving of age, or
within a reasonable time thereafter, must make election between the
citizenship which is his by birth and the citizenship which is his
by parentage. In case a person so circumstanced elects American
citizenship he must, unless in extraordinary circumstances, in order
to render his election effective, manifest an intention in good
faith to return with all convenient speed to the United States and
assume the duties of citizenship.
Inasmuch as it appears that Jacob Bohn was born on February 16, 1885,
he became of age on February 16 of the present year. Whether he had
made any election or done any act which amounts to an election of
American citizenship, the department is not informed. Whether or not
he intends in good faith to return within a reasonable time to the
United States does not appear. The department can not say, in the
absence of all information as to the circumstances of the case, that
the mere lapse of time since February 16 of the present year,
coupled with continued residence in Germany, is sufficient in its
opinion to an election of German citizenship. In these
circumstances, the department is unable to state whether or not
Jacob Bohn is to be recognized as an American citizen.
In case it should appear that Alexander Bohn became an American
citizen, the question of expatriation, rather than election of
citizenship, would seem to arise. This Government has always
recognized the right of expatriation on the part of both its
natural-born and naturalized citizens. Expatriation was defined by
Secretary Fish, perhaps as definitely as the nature of the subject
admits, as “the quitting of one’s country, with an abandonment of
allegiance and with the view of becoming permanently a resident and
citizen of some other country, resulting in the loss of the party’s
preexisting character of citizenship.”
Whether or not Jacob Bohn has expatriated himself within the above
definition it would, of course, not be possible to say, inasmuch as
no facts appear which in themselves would work on expatriation.
Note that according to the treaty of 1868 between the United States
and Bavaria naturalization in the United States plus five years
uninterrupted residence in the United States either before or after
naturalization confers American citizenship on a Bavarian subject.
This may be lost by a renewal of residence in Bavaria without intent
to return to the United States. The absence of intent to return is
presumed after two years’ residence (but this presumption is not
conclusive).
