File No. 2751/3–4.
The Third Assistant Secretary of State to Consul-General Iddings.
Washington, January 31, 1907.
Sir: I have to acknowledge the receipt of your dispatch No. 148 of the 17th ultimo reporting your refusal to grant a passport to [Page 1082] J. Nelken y Waldberg, and in reply I have to inform you that under all the circumstances of the case your action is approved by the department. Such refusal, however, implies no denial of American citizenship, and Waldberg remains entitled to protection in the enjoyment of all rights which inure to him from the mere fact of American citizenship. He also remains subject to all the liabilities and liable for the performance of all the duties of American citizenship.
It is true that Waldberg may expatriate himself, but nothing in the record, so far as the department is aware, discloses such expatriation.
The conduct and character of an American citizen may under certain circumstances influence the department as regards the discretionary act of granting a passport. Such considerations can not affect his status as an American citizen.
The record appears to show that Waldberg was naturalized and lived for over thirteen years in the United States and only went abroad in 1904, and has resided since that time, in general, in countries in which the United States exercises extraterritorial jurisdiction. So far as the department is advised, therefore, he appears to be an American citizen.
I am, etc.,