No. 398.
Mr. Bayard to Mr. McLane.

No. 358.]

Sir: With reference to my instruction to you, No. 343, of the 13th ultimo, relative to the regulations governing the issuance of passports, I inclose herewith for your information a copy of a letter to this Department from Mr. Louis P. Twyeffort concerning the alleged action of your legation in refusing to renew his passport (issued in May, 1879), on account of his inability to produce the required proof of his naturalization; also a copy of the Department’s reply to Mr. Twyeffort’s communication.

I am, etc.,

T. F. Bayard.
[Inclosure 1 in No. 358]

Mr. Twyeffort to Mr. Bayard.

Sir: I have just been refused a renewal of passport No. 12333, issued to me May 8, 1879. Mr. McLane informs me he can not issue a new passport to a naturalized citizen unless he has in his possession the original naturalization papers. It seems to me that my old passport is as much prima facie evidence that I am a citizen of the United States ‘as my original naturalization papers would be, and I consider it a hardship that I am refused a new one. I wish to go to Nürnberg, Bavaria, and shall be obliged to make a detour via Cologne to get there, because our minister to France refuses to accept what I consider very good proof that I am a citizen of the United States and entitled to the protection of its flag. I earned my citizenship through three years or more of fighting the rebellion and consider myself just as good a citizen as if I had been born in the United States. I write this because I suppose our minister is acting under instructions of the Department, and attention being called to what I think is wrong, you may, after investigation, change your instructions to our ministers abroad.

For identification I refer you to the Congressman of my district, Hon. S. V. White.

Respectfully,

L.P. Twyeffort.
[Inclosure 2 in No. 358.]

Mr. Adee to Mr. Twyeffort.

Sir: I have to acknowledge the receipt of your letter of the 28th ultimo, in which you complain of the refusal of the United States legation at Paris to renew your passport from this Department, No. 12333, dated May 8, 1879, because of your failure to produce a certificate of naturalization to prove your title to a passport as an American citizen.

In reply, I have to inform you that by a regulation of this Department in force for many years passports are good only for two years, on or before the expiration of which period they are required to be renewed. This regulation has the double effect of enabling the Government to keep trace of those claiming its protection abroad and of requiring from them a small contribution to the expenses of the Government whose protection they enjoy.

It is for these reasons and because of the regulation fixing two years as the period of vitality of a passport that diplomatic officers have contemporaneously been forbidden to accept a passport more than two years old as sufficient evidence of citizenship to warrant the issuance of a new passport. This rule applies to native and [Page 551] naturalized citizens of the United States impartially, and where a citizen of the United States presents himself to a legation for the renewal of a passport more than two years old he is required, whether a native or naturalized citizen, to present the same sort of evidence of citizenship as that upon which his passport was originally obtained.

I am, etc.,

Alvey A. Adee,
Second Assistant Secretary.