File No. 22918.
The Secretary of State to Minister Bryan.
Washington, January 12, 1910.
Your 576, December 20th. Inform Portuguese Government without delay this Government holds that persons naturalized under section 2172, Revised Statutes, come within provisions article 1, treaty of naturalization, November 14, 1908. Similar construction has been put upon provisions in our naturalization treaties with other countries, and it is, therefore, earnestly hoped that Nunes will be released immediately. If he was forced by officials in Azores to [Page 833] swear allegiance to Portugal it can not be considered that he has expatriated himself under the provisions of the first paragraph of section 11 of the expatriation act of March 2, 1907, united States Statutes at Large, volume 34, chapter 2534, as it is evident that the law refers to an oath of allegiance taken voluntarily. This should be clearly explained in your protest to foreign office. As the case in question will establish a precedent, it is deemed one of importance, and you are instructed to use your best efforts toward securing the immediate release of Nunes, reporting to the department by cable, at the earliest opportunity, the result of such action.