No. 414.
Mr. McLane
to Mr. Bayard.
Paris, November 17, 1888(Received November 28.)
Sir: Referring to the postscript of my No. 707, I have to report that Mr. Heidenheimer called at the legation this morning according to his promise, and made substantially the following declaration:
He states that he has made inquiries of his friends in Germany as to the time of his original departure from that country and arrival in New York, these friends being at that time in New York in the business house of L. Heidenheimer & Co., and he now recognizes the fact that he was the Heidenheimer who arrived in New York the 1st of November, 1866. His proper name is Stephen Emil Heidenheimer. He is now, however, and always has been in the habit of calling himself and signing his name Emil Heidenheimer, and, though he can not explain it, he readily acknowledges that the Edward Heidenheimer on the passenger list of the Australasian must have been himself.
He alleges that when he applied to the court for naturalization in 1871, it was with a view of leaving the United States for Germany on account of his health which was very much shattered by a surgical [Page 565] operation and illness in 1870, Dr. L. Weber, of New York City, being his physician, who is now living in the city of New York.
He alleges further that it was his intention to return to the United States as soon as his health would permit, and he affirms that at this time he had no intention of defrauding or misleading the court. He says he can not remember the circumstances connected with his naturalization, or whether his applying in April arose from ignorance of the requirements of the law or a mistake as to the date of his arrival.
Mr. Heidenheimer states that he was employed in the house of L. Heidenheimer & Co., of New York, composed of his uncle and father, an importing house of high character, established in New York as early as 1848, and which from that time forth stood very high in the community, and was frequently called on by the United States Treasury Department and by the collector of the port of New York to act as experts in disputed cases, and paid large sums itself into the Treasury of the United States as duties, both before and after the civil war.
He earnestly appeals to me to ask you to accept his affirmation that when he made his application to be admitted as a citizen of the United States he had no intention of perpetrating a fraud upon the court, and that he was sincere in representing to this legation that he had arrived early enough in the year 1866 to constitute a residence therein of five years, and he alleges that it was his illness in 1870 and in 1871 which incapacitated him from a correct understanding of his case at that time, and which must account for his alleged ignorance as to the law and facts connected with the time of his arrival in the United States.
I have explained to Mr. Heidenheimer the distinction which I think exists between his right to a passport and his right to claim American citizenship, the former being entirely subject to the discretion of the Department of State, the latter subject to the jurisdiction of the court authorized by law to issue certificates of naturalization, and that the first question should be promptly submitted by me to your judgment upon the foregoing statement of his case. I have informed him further that I would hold in my possession the passport issued to him by this legation until I could receive your instructions in the premises, which I beg you to send me at your convenience.
As to his naturalization itself I have informed him that he should make application to the court that issued the certificate, stating that he has been informed that his citizenship was invalid or open to question and that he desired it by a new proceeding to establish his citizenship beyond a doubt.
I shall withhold from Mr. Heidenheimer, until I hear further from you, the passport he received in 1871 from the Department of State and which he was required to surrender to this legation by the terms of the declaration made when he applied for a passport here.
I am, etc.,