No. 21.
Mr. Bayard
to Mr. Lee.
Washington, July 12, 1887.
Sir: I have received your No. 252, of the 23d ultimo, in which you refer to this Department, for instructions, the application of Mr. Charles László for a United States passport.
According to your statement, Mr. László, a Hungarian by birth, who emigrated to this country at the time of the political disturbances in Hungary, thirty-seven years ago, and was here duly naturalized, returned, after residing here sixteen years, to Hungary, where “he has remained uninterruptedly for twenty years, having what is apparently permanent employment.”
You state also that his children were born in Hungary, and from this I infer that his family relations were there established. On the face of these circumstances the presumption is he is now domiciled in Hungary. It is true that this presumption may be rebutted by proof on his part that his residence was without animus manendi; but until such proof is received the presumption continues in force. Hence, under the established rule of this Department, he can not, as a person domiciled in Hungary, obtain from the Department or its representatives a “passport averring him to be entitled to the immunities of a citizen of the United States. Nor is such a passport, you can remind him, in any sense necessary so far as concerns the laws of the United States, to enable him to come to the United States, either for the special temporary purpose you mention, or to resume the citizenship he here acquired by naturalization.
It is desired that the statement of all applicants for passports be made and sworn to by them on the forms provided for the purpose, particular attention being paid to the intention of returning eventually to the United States, and a duplicate sent to the Department with your dispatch reporting the case when you are in doubt or have refused a passport.
I am, etc.,