No. 265.

Mr. Bayard to Mr. McLane .

No. 18.]

Sir: With reference to your dispatch, No. 27, of the 17th ultimo, in relation to the case of Mr. Charles Drevet, I have to inform you that the Department has had the matter under consideration.

It appears from your communication that Mr. Charles Drevet was born September 28, 1864, at Paris, in which city he has ever since resided. His father, Leon Drevet, a Frenchman, came to the United States in 1852. In July, 1858, he made his declaration of intention; in February, 1859, he married an American lady; in 1860 he went back to France; in 1869 he returned to America; in the same year (June 3, 1869) he took out his second papers, and shortly after resumed his residence in France, where he has ever since remained. The son has always lived in France; the father has been domiciled there for many years; neither the son nor the father has expressed any intention of residing in this country at any time in the future.

Under these circumstances Mr. Charles Drevet has asked your legation to furnish him with a certificate required by the French law of December 16, 1874, to the effect that he is considered by this Government to be an American citizen.

The Department holds, under section 2172 of the Revised Statutes, that as Mr. Charles Drevet was not at the time of the naturalization of his father dwelling in the United States; that as he has never resided in this country, and never intends to do so, he cannot be considered to be an American citizen. You will, therefore, decline to issue a passport to him as such, that being the only attestation of nationality which could have been granted by your legation in case the facts should have shown him to be an American citizen.

I am, &c.,

T. F. BAYARD.