No. 667.
Mr. Winchester to Mr. Bayard.

No. 116.]

Sir: Consul Staub, of St. Galle, has submitted to this legation the application of Moritz Philipp Emden for a passport. The application is made by means of the blank form recently furnished by the Department of State under circular letter of February 23 ultimo. That part of the application relating to the intention of the party to return to the United States is answered by Mr. Emden in these words, “Whenever business requires my presence.” In view of the instruction given in your circular letter of February 23 ultimo, that “too much care can not be exercised in granting passports, especially to persons representing themselves as naturalized citizens,” and also believing that the inability of Mr. Emden to answer the question indicated fairly and squarely will apply to a large number of naturalized citizens of the United States residing and established in business in Switzerland, it was considered best to refer the matter to the superior judgment of the Department to determine at once if such ambiguous, if not evasive, answers as that given by Mr. Emden is to be accepted as a proper compliance with the requirements of the application. Consul Staub has been instructed to inform Mr. Emden that the legation declines to issue the passport, and he must await the judgment of the Department. In some measure the question submitted must be considered in the light of the circumstances under which the application is made, and the history of the applicant, to do full and exact justice. The case of Moritz Philipp Emden is not a stranger at the Department. It dates back to March 10, 1881, when Mr. Nicholas Fish, in his dispatch No. 364 of that date, giving a detailed account of its history, advised the Department of his refusal to grant Mr. Emden a passport. The main facts were that Mr. Emden was born at Frakfort-on-Main July, 1826; emigrated to the United States March, 1849; naturalized, June, 1854; October, 1854, obtained a passport from the Department of State, and in November same year sailed for Europe. Returned to United States in 1856, and resided there to January, 1859, when he again left for Europe, and with the exception of a few short visits, all prior to 1863, he has since resided and continues to reside abroad. He is at present, and for many years has been, established in business in St. Galle, residing there with his family. The Department sustained the action of Mr. Fish. Mr. Emden was not satisfied, and it appears employed an attorney to plead his case before the Department. It continued from March 10, 1881, to January 3, 1883, the subject of frequent correspondence between the Department and Mr. Fish, then Mr. Cramer, who succeeded him, until, through his attorney, an instruction was finally secured from the Secretary of State by dispatch No. 19, January, 1883, to Mr. Cramer that the conclusion had been reached, “on the showing now made by him and in his behalf, that Mr. Emden is entitled to a passport consequently he renewed his passport. It was renewed for him by Mr. Cramer in February, 1885. In this renewal Mr. Cramer refused to include two sons of Mr. Emden, who, in the mean while, had obtained their majority. Soon after my assumption of this post, the application of Mr. Robert Emden, the son of Moritz Philipp Emden, was made for a passport, which was refused, as set forth fully in my dispatch No. 8, August 26, 1885, and approved by the Department. This is referred to for the purpose of showing the persistent [Page 1064] efforts of this family to claim the protection of a government which they in no way have served in the past nor will probably ever serve in the future.

I am, etc.,

Boyd Winchester.