No. 617.
Mr. Cramer to Mr.
Bayard
.
[Extract.]
Legation of
the United States,
Berne
,
June 8, 1885.
(Received June 20.)
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.,
[Inclosure 1 in No. 229.]
Mr. Emden to Mr.
Cramer
.
St.
Gall
,
April 15,
1885.
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.,
[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.
St.
Gall
,
April 15,
1885.
Subscribed and sworn to before me at the
consulate of the United States at St. Gall,
Switzerland, this 15th day of April, A. D.
1885.
EMORY B. BEAUCHAMP,
United States
Consul.
