No. 619.

Mr. Bayard to Mr. Cramer.

No. 145.]

Sir: Your dispatch No. 229, of the 8th instant, referring to the passport application of Robert Emden, has been received. This seems to be the same case as the one referred to in your No. 203, of the 16th of February last, which was fully disposed of in instruction No. 130, of the 10th of March last, approving your letter to Mr. M. P. Emden of the 11th February last. In that dispatch the name of Mr. M. P. Emden’s eldest son was not given, but it is supposed that the Robert Emden in your No. 229 is the eldest son previously alluded to. This Department sees no reason to change its former decision, as conveyed in instruction No. 130, that the passport application of Mr. Robert Emden, although he is the son of a naturalized American, cannot be granted, because he is not and never has been “dwelling in the United States,” according to section 2171 of the Revised Statutes, which phrase it is noticed is carefully omitted from the version of the statute given in Mr. Robert Emden’s letter of the 15th of April last to you, if the copy of it inclosed in your No. 229 is correct.

I am, &c.,