File No. 9871/–11.
The Acting Secretary of State to Chargé Brown.
Washington, December 20, 1907.
Sir: The department has received your dispatch No. 471, of the 2d ultimo, relative to the claim to American protection of Nicholas and Theodore S. Theodore. They were, it appears, born in this country, and their father was a naturalized citizen of the United States, of Turkish origin. They have resided for many years in Turkey and have claimed protection as American citizens. I inclose [Page 1067] a copy of the applicationa upon which a passport, No. 17978, was issued by the department to Theodore S. Theodore July 7, 1906, he being at that time at New Orleans, La., the place of his birth.
So far as the Government’s attitude is concerned, the status of their father is not material. Being born in the United States they were born citizens thereof. The extraterritorial jurisdiction which this Government claims in Turkey requires the United States to claim the right of protection and jurisdiction over citizens who are resident in Turkey, unless there be some act of such citizens amounting to expatriation. It is not believed that the facts so far developed establish such expatriation.
Therefore, unless other facts are developed which show that the Theodore brothers are within the provisions of the expatriation act of March 2, 1907, or the executive orders issued thereunder, you will deal with them as American citizens.
I am, etc.,
- Not printed.↩