File No. 763.72111/3051
I have not yet received the text of this decision but in the meantime I
venture to request that you will inform me as soon as possible, should
you be able to do so, what action can be properly taken by British
consular officers in this country in the following cases:
I enclose two forms in answer to applicants which appear to me to be in
conformity with the requirements of the law.
I venture to request that I may be informed whether there is any
objection to these forms being used under the circumstances above
described.
[Enclosure 1]
British Consulate General,
New York, _ _ _ _ _ _
_
Dear Sir: With reference to your letter of
_ _ _ _ _ _ _ with regard to enlistment in His Majesty’s forces, I
have to inform you that this office is not authorised to furnish
free passages from the United States to England to British subjects
who wish to return for the purpose of enlisting.
British subjects however who are willing to work their way to England
can as a rule obtain employment without remuneration as horse
attendants on homeward-bound vessels. A gratuity of one pound is
usually given to such attendants on arrival in England in return for
their services. If you wish to take advantage of this method of
returning home, you should notify this office accordingly.
Thanking you for your patriotic offer, I am [etc.]
[Enclosure 2]
British Consulate General,
New York, _ _ _ _ _ _
_
Dear Sir: With reference to your letter _
_ _ _ _ _ _ in regard to rejoining His Majesty’s forces, I have to
inform you that pending the settlement of certain questions now
under discussion the sending home of men who have received military
training is suspended.
If, however, you are able to find your own way to England, or are
willing to work your passage over as a horse attendant, I have no
doubt that your services would be accepted if you come up to the
physical and other requirements. No promise or guarantee can,
however, be given on this side.
In the event of your being willing to work your way over, you should
communicate again with this office.
Thanking you for your patriotic offer, I am [etc.]
Circular issued by the Department of State,
November 1, 1915, concerning the enlistment of Americans in
foreign armies
The Department has received a number of inquiries from people in the
United States asking whether enlistment in a foreign army by a
citizen of the United States is evidence that he has expatriated
himself and whether it is a breach of his duty as a citizen of the
United States to enlist in a foreign army.
The law relative to expatriation (Sec. 2, act of March 2, 1907)
says:
That any American citizen shall be deemed to have expatriated
himself when he has been naturalized in any foreign state in
conformity with its laws, or when he has taken an oath of
allegiance to any foreign state.
Therefore, when service in a foreign army involves taking an oath of
allegiance to a foreign state, an American citizen who enters such
service must be deemed to have expatriated himself.
Service in some foreign armies and in some branches of some foreign
armies does not require an oath of allegiance to a foreign state. On
the other hand, an oath of allegiance is required as a condition of
service in other foreign armies. The Department can not give
authentic information on the subject of the foreign requirements in
this respect, because of their variation and because they are
subject to changes.
The Department does not undertake to prescribe the duty of an
individual with reference to his citizenship. It is of opinion,
nevertheless, that the observance of neutrality in the conflicts now
engaging
[Page 773]
certain European
powers requires American citizens to avoid participation in those
conflicts.
Washington
,
November 1, 1915.
