The Acting Secretary of State to Minister Clay.
Washington, January 26, 1906.
Sir: The department has received your No. 39, of the 8th instant, presenting the case of Mrs. Josephine A. Bartning, who was born in this country, married a German subject, and lived with him in Germany until his death in 1897. She is now temporarily residing in Switzerland, desires to renew her American citizenship, and solemnly swears that it is her fixed intention to return to the United States within two years for the purpose of permanently residing.
Following the practice of this department, which is well established and with which you appear to be familiar, the department is of the opinion that during Mrs. Bartning’s coverture she was not entitled to be protected as a citizen of the United States; but, her husband having died, if her residence abroad (which is not in the country of which her husband was a subject) is only temporary, and she entertains in good faith an intention of returning to the United States to reside, she is entitled to receive a passport.
The subject is quite thoroughly discussed in Van Dyne on Citizenship, page 127 et seq.
I am, etc.,