or divorced wives of foreigners.1 It operates also, under certain circumstances, as an election of citizenship on the part of children born abroad of American fathers.2 § 312. Registration in Extraterritorial Countries. Great Britain and some other countries make the registration of their subjects compulsory in certain Oriental countries in which extraterritorial rights are exercised.3 In some states, e. g., Siam, the requirement of registration is expressly mentioned in the treaty, the privileges therein granted being extended only to registered subjects.1 In other cases, it is made compulsory by Order in Council. In some states, e. g., China, non-compliance is made punishable by fine.5 Failure to register does not exempt the person from consular jurisdiction, but forfeits the right to protection. The general custom in certain countries in which extraterritorial privileges are enjoyed, of furnishing the local authorities with lists of nationals, foreigners and protégés under consular jurisdiction renders registration in some form almost a necessity and it is probable that the United States will soon follow the example of Great Britain by making registration in certain Eastern countries compulsory.6 § 313. Proof of Citizenship Necessary. Consular Regulations. The same proof of citizenship is required for consular registration as is required by the Department of State for the issuance of a passport. Paragraph 172 of the Consular Regulations, as amended by the Executive order of April 8, 1907, now governs the matter of registration of American citizens. It was notified to the representatives abroad of the United States by a circular of April 19, 1907. The paragraph reads: 1 These provisions, §§ 3 and 4 of the Act of 1907, have been fully considered in the discussion of the subject of married women, supra, §§ 265, 267. 2 Section 6 of the Act of March 2, 1907, supra, § 271. Hall, W. E., Foreign powers and jurisdiction, § 62; Piggott, F., Exterritoriality, 163; Hinckley, Consular jurisdiction, 83. See British instructions to consular officers regulating the registration of British subjects in foreign countries, October, 1907, 100 St. Pap. 24-27. 4 Piggott, Extraterritoriality, 163. See also treaty between Denmark and Siam, March 24, 1905, 101 St. Pap. 289. ↳ British China Order, art. 162, Piggott, 164. See Mr. Denby's despatch to Sec'y Olney, Nov. 27, 1896, For. Rel., 1896, 90. "172. Registration of American Citizens.-Principal Consular Officers should keep at their offices a Register of all American citizens residing in their several Districts, and will therefore make it known that such a Register is kept and invite all resident Americans to cause their names to be entered therein. The same general principles govern applications for registry which govern applications for passports (Paragraph 151). "The Register should show the date of registration, the full name of the person registered, the date and place of his birth, the place of his last domicil in the United States, the date of his arrival in the foreign country where he is residing and his place of residence therein, the reasons for his foreign residence, whether or not he is married and if married the name of his wife, her place of birth and residence, and if he has children the name, date and place of birth and residence of each. The nature of the proof accepted to establish his citizenship should also appear, and his signature should be inscribed in the Register. "Consuls may issue certificates of the registration prescribed above for use with the authorities of the place where the person registered is residing. Each certificate shall set forth the facts contained in the Register and shall be good for use for one year only and shall be in form prescribed by the Secretary of State. (Form No.-). When a certificate expires a new one may be issued, the old one being destroyed, if it is clearly shown that the residence abroad has not assumed a permanent character. Persons who hold passports which have not expired shall not be furnished with certificates of registration, and it is strictly forbidden to furnish them to be used for travelling in the place of passports. Returns of all registrations made and of all certificates of registration issued shall be made to the Embassy or Legation in the country in which the Consulate is situated and to the Secretary of State at intervals and under regulations to be prescribed by him. No fee will be charged for registration nor for any service connected therewith, nor for certificates of registration. "This Paragraph shall go into effect July 1, 1907." After setting forth the form in which the certificate of registration shall be issued, the circular ends: "Immediately upon the registration of an American citizen the fact of such registration should be certified to the embassy or legation in the country in which the consulate is situated, and a duplicate of the registration should be forthwith sent to this Department, together with a statement whether a certificate of registration has been issued. "When a certificate of registration shall have expired and a new one has been issued notice of this fact should be sent immediately to the embassy or legation in the country in which the consulate is situated, and to this Department. "American citizens resident abroad are required to register each year, and any additional facts concerning residence, marriage, and children should be noted in the register, but the full registration having been made once need not be repeated on each subsequent registration." 1 "ELIHU ROOT" The circular of November 30, 1907, instructs consuls specifically to apply to applicants for registration the rules of the circular of April 19, 1907 entitled "Expatriation," 2 which embodies the provisions of the Act of March 2, 1907 and certain rules of evidence for overcoming the presumption of expatriation. Consuls are informed that the Department expects them "to use their best endeavors to secure the registration of all American residents in their districts," although the registration of travellers and brief sojourners is not, under ordinary circumstances, contemplated. The supplementary circular instruction of March 2, 1908, informs consuls that applications for registration need not in ordinary cases be made in the form of an affidavit. A further circular of June 21, 1909 requires the consul to insert in the register and the certificate "the local address of the person registering and the name and address of the nearest relative in America with whom it would be necessary to communicate in the event of any serious accident to or death of the person registered." In a circular instruction of December 21, 1914, diplomatic and consular officers are informed that in the issuance of emergency passports and the renewal of Departmental passports, consular registration certificates should not be accepted as conclusive evidence of citizenship. Attention has already been given to the circulars of April 19, 1907 regarding the registration of women who desire to resume or retain American citizenship and the registration of children of American citizens born abroad.5 The circular of January 18, 1908 authorizes consuls to enter the name of a Japanese wife with the registration of her husband, for the certificate of registration merely states that 1 Circular instruction, Registration of American citizens, April 19, 1907, For. Rel., 1907, I, 6–7. 2 Infra, § 319. 3 Circular Instruction, "Applications for registration," March 2, 1908. For. Rel., 1907, I, 10, supra, §§ 265, 267. 5 Ibid., 1907, I, 9, supra, § 271. the head of the family, to whom it is issued, is an American citizen, and does not state specifically that his wife and children are citizens.1 A circular of December 9, 1911 authorizes consular officers to register citizens of Porto Rico and the Philippines, under the terms of the Acts of April 12, 1900 and July 1, 1902, respectively. The citizens in question are "required to produce sworn applications as to birth and residence, accompanied by the best documentary evidence procurable that they were Spanish subjects at the time of the annexation of the islands," and their statements must be supported "by affidavits of two credible persons, as in applications for insular passports." Duplicate certificates of registration are not to be issued to persons claiming citizenship of Porto Rico or the Philippines until their applications have been approved by the Department.2 The circular of April 19, 1907 provides that registration shall be made before principal consular officers, but inasmuch as registration is optional and not mandatory, it is possible that registration at legations or before diplomatic agents would serve the same purposes. The provisions of local legislation in various countries requiring foreigners to be registered or matriculated in the office of a local authority as a condition precedent to the enjoyment of certain domestic privileges have been recognized as valid by the United States. A similar provision debarring foreigners, not matriculated, from the diplomatic protection of their own government has been vigorously opposed by the United States, on the ground that the "evidence of the foreign status of an individual consists of the facts as they exist, or of the authentic certification of his own government, as in the form of a passport"; it does not originate in the compliance with the municipal statute of a foreign country.3 1 Circular of January 18, 1908, "Issuing passports to or registering Japanese wives of American citizens and their children born in Japan." 2 Circular of December 9, 1911, "Registration of citizens of Porto Rico and the Philippine Islands." Mr. Olney, Sec'y of State, to Mr. Dupuy de Lôme, Feb. 17, 1896, For. Rel., 1896, 677. These attempted limitations upon diplomatic protection found in the legislation of various Latin-American countries are considered at greater length in Chapter VII, infra, § 394. OTHER CONDITIONS § 314. Fulfillment of Duties of Citizenship. Other conditions imposed by governments upon an applicant for diplomatic protection contemplate a fulfillment of his duties of allegiance and an absence of all censurable conduct justifying the state in withholding or withdrawing its protection. Several European governments, like France, for example, forbid their diplomatic and consular representatives to protect citizens who have failed to submit to the obligations of military service. In the following chapters, 2 attention will be directed toward those acts of the claimant which have operated as a forfeiture of the right to diplomatic protection. 1 Circular of June 16, 1873, renewed by that of Nov. 5, 1905; Pillaut, Manuel de droit consulaire, Paris, 1910, § 139. 2 Infra, §§ 315 et seq. |