130 Bolton, Ada Reba Buchwalter
The Secretary of State to the Vice Consul in Charge at Yunnanfu ( Chamberlain )
Sir: The Department has received your despatch No. 31, dated November 14, 1928,1 transmitting an application for registration as an American citizen of Mrs. Ada Reba Buchwalter Bolton, who it appears was born at Paradise, Pennsylvania, on July 1, 1893; was married on April 7, 1928, to Leonard G. Bolton, a British subject, and has resided in China since November 9, 1928. It appears from your despatch under acknowledgment that according to British law an alien woman acquires British nationality upon her marriage to a British subject and that Mrs. Bolton was, therefore, included in the British passport held by her husband. You inquire whether Mrs. Bolton has prejudiced her status as an American citizen by permitting herself to be included in a British passport and as to the attitude which you should adopt towards her and women having a like status, should they become involved in litigation and the British consular authorities should attempt to exercise jurisdiction in their cases. You also inquire whether the Department recommends that American women who were married subsequent to September 22, 1922, to nationals of foreign countries be advised to decline to be included in foreign passports issued to their husbands.
In reply you are informed that under the provisions of Section 2 of the Act of September 22, 1922,2 an American woman who is married to an alien subsequent to the passage of that Act does not cease to be a citizen of the United States merely by reason of her marriage. However, with respect to the case of Mrs. Bolton, while she did not lose her American citizenship by reason of her marriage to a British subject, it is the understanding of the Department that, under British law, she thereby acquired the status of a British subject. The necessary result of the concurrent operation of these different laws is to confer dual nationality upon Mrs. Bolton.
With respect to your inquiry regarding the attitude the Consulate should take if British consular authorities should attempt to exercise [Page 488] extraterritorial jurisdiction over persons having the status of Mrs. Bolton, the Department informs you that since such persons have the status of British subjects under the laws of Great Britain and since British consular officials in China have jurisdiction over British subjects in that country the right of the British authorities to assume jurisdiction over persons of the category under consideration could not be questioned as a matter of law. Legally, British authorities and American authorities would each equally have the right to assume such jurisdiction. In case there develops in your district a contingency in which the rights and duties of a person possessing dual nationality one of whose nationalities is American is involved, you are instructed to accord proper assistance to that person as an American citizen, and you will promptly submit to the Department for its consideration a report giving the details of any aspect of the matter which may be or may become controversial.
It is the understanding of the Department that an oath of allegiance to Great Britain is not required to be taken in connection with the issue of, or inclusion in, a British passport, and the Department is, therefore, of the opinion that Mrs. Bolton in nowise prejudiced her status as an American citizen by permitting herself to be included in her husband’s British passport. However, it is suggested that American women who are married to aliens and who are situated as Mrs. Bolton is, be advised that if they wish to be under the protection of the Government of the United States, it is advisable for them to provide themselves with American passports. It may be added that, if in obtaining a foreign passport or in being included in such a document, an oath of allegiance to a foreign country is required to be taken, an American citizen taking such oath would expatriate himself under the provisions of the first paragraph of Section 2 of the Act of March 2, 1907.3
The registration application of Mrs. Bolton is approved.
I am [etc.]