File No. 353.117R33.
The Acting Secretary of State to the American Consul at St. Michael’s.
Washington , November 7, 1912 .
Sir: The Department has received your despatch No. 721 of the 17th ultimo, transmitting the passport application of Antonio [Page 1293] Cabral Rezendes, who has been called upon by the Portuguese authorities to perform military service. It appears that Mr. Rezendes was born at New Bedford, Massachusetts, April 24, 1894, of Portuguese parents, by whom he was taken in the following year to the Azores, where he has resided ever since. You do not say that his father had obtained naturalization as a citizen of the United States before his (the son’s) birth, and it is presumed that he had not.
As Mr. Rezendes was born in this country he may be considered a citizen of the United States under the provision of the fourteenth amendment to the Constitution. A passport was therefore issued to him for use in returning to this country when he desires to do so, and it is enclosed herewith. Your attention is called to the provision of section three of article eighteen of the Portuguese Civil Code which provides that the following are Portuguese citizens:
The children of a Portuguese father, even though he may have been banished from the Kingdom, or the illegitimate children of a Portuguese mother, even though they were born abroad, who become domiciled in the Kingdom, or who declare after becoming of age, or through their parents or guardians during minority, that they wish to become Portuguese citizens.
Under this law, which is similar to section 1993 of the Revised Statutes of the United States, Mr. Rezendes was born a Portuguese subject if his father had that status at the time of his (the son’s) birth. Such being the case, he has a dual citizenship and this Government is not in a position to insist that he be relieved of the performance of military or other duties to the Portuguese Government so long as he remains within the Portuguese jurisdiction. For a discussion of cases of dual nationality, you are referred to Van Dyne’s “Citizenship of the United States,” pages 12 to 31.
In your despatch you also call attention to the cases of children born in the Azores of American citizens, and it appears to be your opinion that this Government may insist upon their recognition as American citizens by the Portuguese authorities. In connection with these cases, your attention is called to the provision of section two of article eighteen of the Portuguese Civil Code which provides that the following are Portuguese citizens:
Those who are born in the Kingdom of a foreign father, who is not in the service of his country, unless they declare for themselves after becoming of age or through their parents or guardians during minority that they do not wish to become Portuguese citizens.
Your attention is also called to section 5 of the Citizenship Act of March 2, 1907, which provides as follows:
That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the parent: Provided, That such naturalization or resumption takes place during the minority of such child: And provided further, That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States.
I am [etc.].