No. 393.
Mr. Vignaud to Mr. Bayard.
Legation of
the United States,
Paris, June 25, 1888.
(Received July 10.)
No. 629.]
Sir: As the case of Mr. Leonetto Cipriani, of
Baltimore, has been brought to the attention of the public, I deem it proper
to inform the Department of my action in the matter.
Under date of June 12, our consul at Marseilles addressed me a note inclosing
a regular application from Mr. Cipriani for a passport and a letter from
Consular Agent Damiani supporting the application.
After taking cognizance of these papers, I concluded to issue a passport to
Mr. Cipriani, and informed Consul Mason of my reasons for so doing in the
following letter, which states the circumstances of the case:
Legation of the United
States,
Paris, June 14,
1888.
Capt. Frank H.
Mason,
United States Consul,
Marseilles:
Sir: I am in receipt of your letter of June
11, with accompanying papers, concerning the application of Leonetto
Cipriani for a passport and a certificate of citizenship.
The circumstances of this case are as follows:
Mr. Cipriani was born February 28, 1860, at Baltimore; his father was
not an American citizen, and resided in the United States only a
short time. His mother was a native American, and he has always
resided in the United States, from his birth to the present time,
when, being aged twenty-eight, he was called to Europe to Bee about
the estate of his deceased father. It is further shown that he has
always enjoyed every right accorded to American citizens; that he
voted, served on the jury, and was a member of nominating
conventions.
The fact that Mr. Cipriani was born in the United States, and is
domiciled there, makes him an American citizen. If he had
expatriated himself, or had taken any steps or accepted any position
involving possibly a practical abandonment of his original
nationality, his right to a passport might be questioned. Such not
being the case, however, I send it to you herewith.
As for the certificate of citizenship, the rule is that no such paper
can be given in lieu of a passport; but when a passport is issued,
and there is a special and good reason forgiving such a certificate,
which seems to be the case with Mr. Cipriani, who, it is stated, can
not settle the estate of his father without this paper, I am of
opinion that it can be given. The consular agent might state
therefore, that, according to to the laws of the United States, Mr.
Cipriani is an American citizen. I would not advise him to go any
further. He must not commit himself or commit the United States
Government with regard to what might be done in case Mr. Cipriani
should go to Italy and were to be called upon to perform military
service.
Yours, very respectfully,
Henry Vignaud,
Chargé.
[Page 546]
I inclose herewith Mr. Cipriani’s application and a copy of his note to Mr.
McLane, and also a copy of a letter from Mr. Damiani to the consulate at
Marseilles.
Very respectfully, etc.,
[Inclosure 1 in No. 629.]
Mr. Damiani to Mr.
Martin.
Consular Agency of the United States of
America,
Bastia, 18 Rue de l’Opera, June 6, 1888.
My Dear Sir: I beg to acknowledge receipt of
your esteemed favor of the 11th May last, for which I extend very
respectful thanks.
I wish now to submit you a case which I was asked to address to you, and
that you would refer same to his excellency our minister resident at
Paris, if thought necessary.
There is at present at Bastia, for personal affairs concerning the estate
of his deceased father, the Count General Cipriani, who died at Centuri,
Corsica, about a month ago, Mr. Leonetto Cipriani, of Baltimore, and it
has been announced to him that he is not in a position to inherit, etc.,
owing to the fact that his father, being an Italian subject, a senator
of that country, etc., constituted him an Italian citizen, and that he
would be liable to five years’ service in the Italian army.
His father, in 1859, married in Baltimore his mother, Miss Mary Tolly
Worthington, and had by her one son, the mentioned Leonetto. He was born
in the city of Baltimore, on St. Paul street, and has lived in America,
voted there, and has always enjoyed every right accorded to American
citizens.
The Italian consul at Bastia insists that he does not gain American
nationality, save by having renounced to Italian citizenship when he
reached the age of twenty-one years. As he never considered himself an
Italian subject, it being a well-known law of our country that a child
born of American mother on American ground was an American, and as such
he enjoyed all privileges accorded to American citizens.
Now, I would wish to know the construction of this law, and whether he is
or not an American citizen? Is he entitled to American citizenship or is
he not? If so, could not our chief diplomatic representative, who is
invested with such power, deliver Mr. Cipriani a passport, based upon
the gentleman’s certificate of birth, of which I herein inclose a
certified copy?
The gentleman is to inherit a pretty wealthy estate, and thus far it is
controlled by the Italian consul, who don’t seem to be willing to
abandon the administration of the said estate unless it is proved to him
by the American authorities that Mr. Cipriani is an American citizen.
The Italian consul, here cites international law, and places his own
construction on what, in this case, seems far from being applicable. I
will be very thankful to you to prescribe me the best course to pursue
in the interest of this gentleman; and being born in the United States,
where he has lived until now—that is, to the age of twenty-eight—where
he has voted, served on the jury, and even nominated delegate to
conventions, etc., what papers would he have to furnish tc prove his
American nationality?
When his father died, about a month ago, he was telegraphed, and he came
in great hurry, without thinking or supposing necessary any papers as to
his citizenship, as he never supposed himself anything else but
American, and only brought along with him his certificate of birth.
It is well to inform you that, the greater portions of the estate being
in Italy, he would very much need to go there, but cannot do so, for the
reason that the Italian authorities would get hold of him and make him
serve in the army. It would therefore be a valuable service under the
circumstances to Mr. Cipriani if anything could be done to help him out
of it, and in his behalf I beg to ask you what is in your power to
do.
I beg to remain, very respectfully, your obedient servant,
Simon Damiani,
United States Consular
Agent.
N. B.—After writing this letter I got a notice from the
consul-general of Italy that a certificate issued by me, setting
forth the American citizenship of Mr. Cipriani, would satisfy him,
and he would let him free on his estate. If you judge that lean
safely do so, please wire me on receipt of this; will pay telegram
and greatly oblige.
Respectfully, etc.,
[Page 547]
[Inolosure 2 in No. 629.]
Mr. Cipriani to Mr.
McLane.
Consular Agency of the United States of
America,
Bastia,
June 11, 1888.
Your Excellency: The application which is
accompanied by this letter, for a passport, for myself, also certificate
which our United States consular agent at Bastia, Mr. Damiani, incloses,
I have been obliged to ask for, as I am about to inherit my father’s
estate, Count Cipriani (deceased). Your excellency will perhaps remember
my mother, Miss Mary Tolly Worthington, of Baltimore County, Md. 1 never
imagined my American citizenship to be questioned, as I have lived, was
born in Baltimore, voted there, and enjoyed all privileges.
Trusting that I may have the passport at an early day,
Believe me, sir, yours, respectfully,
