File No. 4050/19–21.
Minister Collier to
the Secretary of State.
American Legation,
Madrid
,
April 11,
1907
.
No. 292.]
Sir: I have the honor to send you herewith a
copy of a letter from Mr. D. E. Birch, United States consul at Malaga,
asking if Carmen Bligh Durkee, a child born in Spain of British
parentage and adopted by Mrs. Durkee, an American citizen, is entitled
to be registered in the consulate as an American citizen, together with
my reply to Mr. Birch informing him that the child is not an American
citizen and is not entitled to be registered as such.
I ask your consideration of this question so that if you should
disapprove my decision the consul at Malaga may be advised.
I am, etc.,
[Inclosure 1.]
Consul Birch to
Minister Collier.
Consular Service, United States of
America,
Malaga
,
April 5,
1907
.
Sir: I beg to place before you, at the
request of the parties concerned and for my own official
information, the following case:
Mrs. Rose Durkee, a resident of Colorado Springs, Colo., now
temporarily in Malaga, asks that I enter upon the register of
American citizens in this consulate the name of Carmen Bligh Durkee,
aged 5½ years.
The child, who has just been adopted by Mrs. Durkee, was born of
British parents in Huelva, Spain. Her mother is dead and the father,
now living in Huelva, has just signed before the American consular
agent at Huelva a document which embodies both a renunciation of
paternal rights on the part of the father in favor of Mrs. Durkee
and acceptance of adoption and all its responsibilities on the part
of Mrs. Durkee.
The latter has signed the document before me, which act is believed
by Mrs. Durkee to make effective the actual adoption of the
child.
Mrs. Durkee is very desirous that no question should ever be raised
as to the validity of the adoption, and therefore, as an additional
point of security, wishes to have the child registered here.
Would you be good enough to advise me if I should accept this
registration.
I am asked by the British consul here to inform him if aliens may be
married by civil process in the United States and what length of
temporary residence is required. I have nothing in this consulate
bearing on the point and would request that you kindly enlighten
me.
Thanking you in advance for your courtesy,
I am, etc.,
[Inclosure 2.]
Minister Collier to Consul Birch.
American Legation,
Madrid
,
April 11,
1907
.
Dear Sir: I am in receipt of your letter of
the 5th instant inquiring as to your right to register in your
consulate as an American citizen, Carmen Bligh Durkee, a child 5½
years of age born in Spain of British parents, and always resident
in Spain, but recently adopted by Mrs. Durkee, an American citizen,
temporarily residing in Malaga.
[Page 1016]
In reply I beg to advise you that this child is not an American
citizen and can not be registered by you as such. I quote the
following, which appears in Wharton’s International Law Digest,
volume 2, article 184, page 407, being an extract from a letter of
Secretary of State Frelinghuysen to Mr. Willis, written February 21,
1884.
“There are but three methods known to me for obtaining the rights of
an American citizen. Those entitled to such rights are:
- “(1) Children born in the United States, and subject to
the jurisdiction thereof;
- “(2) Children born of American parents whose fathers have
resided within the United States; and,
- “(3) Those embraced by the naturalization law, which would
include those naturalized and their children minors at the
time of naturalization, if within the jurisdiction of this
country.
“I can not see that this child born abroad presumably of foreign
parents is by the act of adoption under a state law brought within
either of these provisions prescribing United States
citizenship.”
A copy of your letter and of this reply to you will be sent to the
Department of State. Should the department disapprove my course you
will be advised.
With regard to your second question I beg to say that in the United
States marriage as well as divorce is regulated by state law. This
may differ in the various States. Almost universally, however, civil
marriages are allowed and aliens as well as natives may contract
them and no length of residence is prerequisite to the right to make
these contracts.
I am, etc.,
