No. 617.

Mr. Cramer to Mr. Bayard.

[Extract.]
No. 229.]

Sir: Mr. Robert Emden, of St. Gall, Switzerland, twenty-three years of age, and a son of Mr. Moritz Philip Emden, a naturalized citizen of the United States, but residing and doing business at said city of St. Gall, addressed a note to this legation, under date of April 15,1885, and inclosing an affidavit, in which he attempts to prove that according to the provisions of section 2172 of the Revised Statutes of the United States he is a citizen of the United States, and that therefore he makes application to this legation for a passport. A copy of his letter and affidavit is herewith inclosed. I requested young Mr. Emden to make application for a passport in due form through the United States consulate at St. Gall, as also to submit to this legation his father’s naturalization certificate. Last Saturday, the 7th instant, such an application [Page 804] was received through said consulate, dated May 31, 1885, together with a duplicate of said naturalization certificate.

* * * * * * *

From these documents it appears that Robert Emden was born at St. Gall, Switzerland, on March 4, 1862; that his father was naturalized on the 28th of June, 1854; that young Robert Emden has never been in the United States; that he is now twenty-three years of age, and that he wants a passport for the purpose of going to Strasburg to study.

Now, in view of the fact (1) that Robert Emden has never been in the United States; (2) that his father’s right to be entitled to a passport was doubted by the Department for several years, as the correspondence on this subject between the Department and this legation during 1880–’83 will show; (3) that section 2172 of the Revised Statutes of the United States says, “The children of persons who have been duly naturalized under any law of the United States, being tinder the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof,” this legation does not feel itself at liberty to issue a qualified passport to Mr. R. Emden before first having submitted his case to your consideration. It may further be stated that Mr. Moritz Philip Emden, the father of Robert Emden, has not been in the United States for many years; nor is it certain, so far as 1 know, that he ever will return thither.

It is so often the case that a certain class of persons go to the United States for the sole purpose of becoming naturalized, and without intending ever to assume the obligations of citizenship. After their naturalization they return to their original home, enter into business, marry, and have families, and their children are not even sent to the United States before reaching the age of majority; in some cases not even then. They thus avoid assuming the obligations of citizenship in both their original homes and the country in which they were naturalized. The sons of some of these persons born and residing abroad do not even as much as their fathers did, that is, they fail to go to the United States on reaching the age of majority to acquire citizenship according to law; and yet they claim citizenship in our country, which they have never seen much less resided therein; nor have they ever performed any duties or assumed any obligations of citizenship. Such a person is Mr. Robert Emden. The question is, are such persons entitled to passports, that is, to the protection of the United States Government?

I have, &c.,

M. J. CRAMER.
[Inclosure 1 in No. 229.]

Mr. Emden to Mr. Cramer.

Sir: I have to renew my application for a passport through the United States consulate at St. Gall, and have the honor to submit herewith my deposition, duly sworn to before the United States consulate at this place, and in further proof of my nationality and right to such passport inclose the certificate of naturalization of my father, which made him a citizen of the United States before I was born, and which, in conjunction with his passport, fully establishes his citizenship.

I would also respectfully refer to the statutes of 1802, sec. 2172, which reads as follows: “And the children of persons who now are or have been citizens of the United States shall, though born out of the limits and jurisdiction of the United States be [Page 805] considered as citizens thereof.” Also the United States statute of 1855, in which it is provided by law that persons horn out of the limits and jurisdiction of the United States whose fathers were or shall be at the time of their birth citizens of the United States,provided that the right of citizenship shall not descend to persons whose fathers never resided in the United States.

Of course, there can be no question raised as to whether my father ever resided in the United States, as he holds a passport issued by yourself on the 16th day of February, 1885.

I hope you will be able to grant me my passport on this additional proof of my undoubted nationality without further trouble to yourself.

If, however, you are still undecided about the matter, I would respectfully request that you submit copies of my letters with inclosures, &c., to your Government, and ask that it may have the earliest attention possible, as the delay is interrupting my studies and causing me considerable trouble.

I hope you will be kind enough to make a copy of my father’s certificate of naturalization and attach it to my affidavit, the cost of which will be paid by my father.

I am, &c.,

ROBERT EMDEN.
[Inclosure 2 in No. 229]

Robert Emden, being duly sworn, upon oath deposes and says that he is the identical person named in a passport issued to Moritz Philip Emden on the 15th day of February, A. D. 1883, by the Hon. M. J. Cramer, minister resident of the United States, residing at Berne, Switzerland, in which passport this deponent is described as the minor child of the said Moritz Philip Emden, then a citizen of the United States, temporarily residing at St. Gall, Switzerland. This deponent further declares that at the time of his birth his father, the said Moritz Philip Emden, was a full and lawful citizen of the United States, and enjoyed and still enjoys all privileges as such subject, his last passport having been issued to him by the minister resident of the United States at Berne on the 16th day of February, 1885.

This deponent further declares that at the time of his birth his father was a full citizen of the United States, as is evidenced by a duly-authenticated copy of a certificate of naturalization issued by the superior court of the city of New York, herewith submitted, and marked Exhibit A.

This deponent further declares that it was always and still is his wish and desire to remain a citizen of the United States; that he has never performed any deed or act which would void his citizenship or place him without the jurisdiction or protection of the Government of the United States; that it is the full intention of this deponent to return to the United States to live at; some future time: that the object in asking a passport from the American minister at Berne at this time is to enable this deponent to complete his studies at the Strasburg University in Germany, as it is well understood that the police regulations of the German Empire require the deposition of a passport or other papers showing the nationality of the person, and as this deponent has arrived at the age of 21 years his name has been excluded from his father’s passport, and his only remedy is to make direct application to the proper representative of (his) the Government of the United States at Berne.

ROBERT EMDEN.


EMORY B. BEAUCHAMP,
United States Consul.