No. 20.
Mr. Lee to
Mr. Bayard.
Legation of
the United States,
Vienna, June 30, 1887.
(Received July 18.)
No. 253.]
Sir: I have the honor to inclose the application
for a passport of Mrs. Antonia Mundé, and the papers submitted to establish
her claim thereto.
Mrs. Mundé’s right to the protection of the Government of the United States
depends upon the international status of her husband at the time of his
death.
She was a Bavarian, married in Switzerland, and has never been in the United
States. The papers which she submits to the legation show, provided they be
correct, which is not at all proved, that Dr. Mundé, after having resided in
the United States for several years, became a citizen of Northampton, Mass.,
having originally been a citizen of Saxony, a part of Germany, and that in
1866 he returned to Europe and resided in Wurzburg, Stuttgart, and
subsequently in Switzerland, where he married the applicant.
As far as I can gather from the papers, there does not appear ever to have
been any intention to return to the United States, but, on the contrary, the
fact of becoming the purchaser of a home in Goritz when nearly eighty years
of age, would appear to indicate an intention not to return, and would seem,
on general principles, to raise the presumption that he had renounced his
acquired citizenship in the United States.
But the fact that residence renewed in Würzburg and Stuttgart (both in
Germany), without any evidence that the intent to return to America ever
existed, would seem to be sufficient to show that his naturalization in the
United States had been renounced. See treaty of 1868 with North Germany,
Article IV.
The correspondence will show that I have refused passport. There are many
technical links wanting in the evidence which could, however, probably be
supplied, but if my view of the law is correct it is not worth while putting
the lady to the expense.
I request that the papers submitted, being the original, be returned to this
legation with the decision of the Department in the case.
I have, etc.,
[Inclosure 1 in No. 253.]
Application for passport
naturalized.
No. 1. Issued May 18, 1887.
Applicant: Antonia Mundé.
I hereby apply to the consulate of the United States at Trieste for a
passport for myself and minor child, as follows: I was born at Nuremburg
(Bavaria) on the 6th day of April, 1850, and was married to Dr. Charles
Mundé at Aigle, Switzerland, in the year 1874. The minor child, Erich R.
J., was born in Goritz (Austria) in 1880.
In support of the above application I do solemnly swear that I was born
at ___ on or about the _____ day of _____, 18______; that I emigrated to
the United States on or about the ____ day of ____, 18____, sailing on
board the ___ _____ from ______ ______ the —— day of ____, 18 ___; and
arriving at ___ _____the ——day of ____, 18——; that I resided five years
uninterruptedly in the United States, from ______ ______to _______ ____
a ___ _______; that I was naturalized
[Page 21]
as a citizen of the United States before the court
of ___at ______on the____day of ____, 18—, as shown by the accompanying
certificate of naturalization; that I am the bearer of passport No. 33,
issued by John M. Francis on the 21st day of May, A. D. 1885, which is
returned herewith; that I am the identical person referred to in said
certificate and passport; that I last left the United States on the ____
day of ______,18____; on board the ____ ______, arriving in ____ ____the
_____ day of _____,18_____; that I have resided in _____ _______since
the ____day of_______, 18 ______; that I am now temporarily residing at
Goritz, and that I intend to return to the United States in about
fifteen years with a purpose of residing and performing the duties of
citizenship there.
I desire the passport for the purpose of residing at Goritz, Austria.
Oath of allegiance.
Further, I do solemnly swear that I will support, protect, and defend the
Constitution and Government of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the
same; that I take this obligation freely, without mental reservation or
purpose of evasion: So help me God.
Antonia Mundé.
Consulate of the United States at
Trieste.
Sworn to before me this 18th day of May,
1887.
Henry W. Gilbert
,
Consul.
Description of applicant.
- Age: 37 years.
- Stature: 5 feet 3½ inches.
- Forehead: Low.
- Eyes: Brown.
- Nose: Straight.
- Mouth: Small.
- Chin: Round.
- Hair: Brown.
- Complexion Light.
- Face: Round.
Identification.
Trieste, Austria, May 18, 1887.
I hereby certify that I know the above named Antonia Mundé
personally, and know her to be the identical person referred to in
passport No. 33, and that the facts stated in her affidavit are true
to the best of my knowledge and belief.
Henry W. Gilbert, Consul.
[Inclosure 2 in No. 253.]
Mr. Vervega to Mr.
Gilbert.
Dear Sir: Mrs. Mundé has shown me the
correspondence with the United States consulate about her passport. I
have explained to her the purport of the same. I believe the papers
which she will hand you will satisfy the United States legation at
Vienna. I have, never met the late Dr. Charles Mundé in the United
States, but knew him here for years, and we had many conversations about
New York. He seemed well posted up in politics, and knew well some
leading men in the State. His son is a well-known medical authority in
New York, and has a very large practice. I have no doubt that the Dr.
Mundé who died here is the one and same Dr. Mundé described. I give this
letter to Mrs. Mundé in the hope it may add, if needed (which I very
much doubt), to her proving the identity of the late Dr. Mundé.
I am, etc.,
[Inclosure 3 in No. 253.]
Mr. Lee to Mr.
Jussen.
Sir: In the matter of Mrs. Antonia Munde’s
application, I beg to say that this legation declines to issue a
passport upon the statement of facts and papers presented in this
case.
[Page 22]
It is material that all the dates connected with Dr. Charles Mundé’s
emigration to be United States, the location of his domicil, the length
of his stay therein, the date of his departure therefrom, the location
and duration of his stay abroad, the object of his absence, and his
occupation, if any, while abroad-everything, in fact, from which
intention can be ascertained—should be obtained.
Mrs. Mundé’s right to the protection of the United States depends
entirely upon the international status of her deceased husband at the
time of his death, and everything that can throw any light on that
subject should be gone into thoroughly now, in order to protect both
this legation and the child “Erich” from future difficulties when he
arrives at the age at which this Government calls upon its citizens to
do military duty. Prima facie, the child being
born under the Austrian jurisdiction, under the laws of this country
would be an Austrian, and the onus would be upon him to prove his right
to citizenship in another country. Further, there should be convincing
evidence of the identity of the Dr. Mundé, deceased, in Goritz, with the
Dr. Mundé, of Northampton, Mass., mentioned in the exhibited certificate
of naturalization; also convincing evidence of a legal marriage between
the said Dr. Charles Mundé and the present applicant for a passport, and
sufficient evidence that the said Mundé had not, during his long
absence, forfeited his acquired citizenship. It is better that the
identification should be by some person other than the consul. When
presented in such a manner I will submit the question to the Department
of State to decide upon the sufficiency of the evidence and the
propriety of granting a passport. I beg, herewith, to return both the
certificate of naturalization and the old passport issued by Mr.
Francis, also the sum of 13 florins.
I am, etc.,
[Inclosure 4 in No. 253.]
Mr. Lee to Mr.
Jussen.
Sir: Your favor inclosing papers in the matter
of the application for a passport of Mrs. Mundé is received.
I will forward the matter to Washington for the decision of the
Department of State as to whether a passport should issue in this case
or not. I am decidedly of the opinion that it should not, but will give
Mrs. Mundé the opportunity of having the case passed on by the
Department.
I note what Mr. Gilbert says with regard to the identification of
applicants for passports by the officer through whom the application is
made. While such officer may be a competent witness, it is contrary to
the practice in the United States that he should testify in a case in
which he is acting in a judicial capacity, and such action is open to
several objections which it is not necessary that I should at present
consider in detail, as within a short period the direction of this
legation will be in other hands, and it seems unnecessary for the short
time that remains to me here to issue any general instruction on the
subject.
Respectfully,
P. S.–I return herewith the inclosure marked 13 florins.
[Inclosure 5 in No. 253.]
Mr. Gilbert to Mr.
Jussen.
Sir: I have the honor to transmit herewith
inclosed papers relating to the application for a passport lately made
by Mrs. Charles Mundé.
I beg leave to differ with Mr. Lee, and would say that I think the State
Department would consider an indentification by one of its consuls as
good as that of any other person.
I am, etc.,
