Comly to Jones, June 3, 1882
Mr. Comly to Mr. Jones.
Sir: I have the honor to acknowledge the. receipt of your note dated May 26th, handed to me last night.
The oath of allegiance which you have taken differs from the oath of naturalization in the United States, in this, that it does not require the person taking it to renounce in terms any other former allegiance, while the oath of naturalization does require not only a general but a specific renunciation—forever; first, of “all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty”; and second, “and particularly” by a name, “to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject.”
The question remains whether one does not impliedly renounce his old allegiance in taking up a new one.
No one can be a citizen of two countries at once; neither can he lay down and take up his allegiance at his own pleasure or interest.
Your application for rehabilitation, so far as this legation is concerned, seems to me to involve only this one question—whether you are a subject of the kingdom to which you have sworn allegiance, or remain a citizen of the United States.
If you are now a citizen, you have been a citizen all along from the beginning, and need no restoration. If you are not a citizen, I do not know of any provision which may restore you to citizenship by six months’ return residence in Boston. The naturalization laws point out the only way, so far as I know, in which one, not a citizen, may become a citizen of the United States.
A number of our countrymen who are in the same uncertain condition as yourself with regard to their citizenship, and who, as well as yourself, have large material interests vested here, and the same grave apprehensions as to the outcome of certain threatened dangers, have lately applied to me verbally, in terms similar to those of your note, intending if possible to claim the protection of the American flag.
In order that this legation may be put in a position to give an authoritative response in such cases, I shall take occasion to submit a copy of your note to the honorable Secretary of State, and ask an instruction covering your points of inquiry.
I have, &c.,