Mr. Blaine to Mr.
Lincoln.
Department
of State,
Washington, March 24,
1890.
No. 219.]
Sir: I transmit herewith copy of a letter from Mr.
F. C. Van Duzer, dated London, March 5, 1890, from which it appears that on
recently applying to your legation for a passport he found himself unable
conscientiously to make declaration as to the time within which he intends
to return to the United States “with the purpose of residing and performing
the duties of citizenship therein,” as contemplated in the prescribed form
of application.
In the closing part of Mr. Van Duzer’s letter, in which he expresses his view
“that there should be some means to enable Americans residing abroad,
against whom there can be no possible objection raised, to obtain a passport
for their personal protection quite as readily as it is possible for a
native American in America to obtain it,” he appears to lose sight of the
essential difference in the prima facie presumption raised in the two
instances. In the case of a native American in America, the presumption
exists of domicile in the United States and of actual fulfillment of the
duties of citizenship. Even in this case, as you perceive from the text of
the form of application to be filled out by native citizens
[Page 329]
in this country seeking passports directly
from this Department, the applicant is required to declare that his absence
is temporary, and that he intends to return hither to discharge the duties
of citizenship.
The Department is aware of the difficulty which an American citizen engaged
in business abroad may find in conscientiously declaring a limit to the
period of his foreign residence, and Mr. Van Duzer’s frank statement in this
regard is appreciated. In general, the intention to return is most
adequately to be declared by fixing a time within which to do so 5 and it is
usually expected that this will be done.
An American citizen residing abroad as the foreign agent of an American
business may not be in a position to make such a declaration, but the facts
of the case may point to such conservation of interests in his native land
as to make his return at some time to his real home a reasonable
probability.
You have not reported this case; doubtless, because, as would seem from Mr.
Van Duzer’s letter, his application did not pass beyond the stage of
preliminary inquiry. This instruction is, however, sent for your guidance
should he make renewed inquiry on the subject, as he has been told he may
do. Your known discretion in treating this class of cases leads the
Department to leave to your good judgment a disposition of Mr. Van Duzer’s
application in just accord with the law and facts; but, should the
surrounding circumstances suggest doubts of his title to protection, you may
report the case fully and await instructions.
I am, etc.,
[Inclosure in No. 210.]
Mr. Van Duzer to
Mr. Blaine.
London, 5th March, 1890.
(Received March 17.)
Sir: Having applied to our minister in London
for a passport to enable me to travel on the continent under the
protection of the United States of America, I had placed before me a new
form, which, under the regulations of the State Department, is necessary
to be sworn to. I was unable to take my oath to the paper, owing to the
following printed lines contained in it, which, at the legation I was
informed, they had absolutely no right to vary or erase:
“That I intend to return to the United States within —— with the purpose
of residing and performing the duties of citizenship therein.”
The blank left in the form could be filled up very easily by one willing
to sign a paper undertaking to return home, “with the purpose of
residing and performing the duties of citizenship,” with the hope that
within the time entered in the blank he would, with a mental
reservation, do so.
I, however, felt, and so informed the legation, that I could not
conscientiously say that I expected at any stated period to return home,
“with the purpose of residing and performing the duties of
citizenship.”
My hope and desire and intention is, however, at any moment when it is
possible, to return home to live, but business prevents my being able to
name any fixed time for so doing.
With the above explanations, I ask that I should be informed by the State
Department by what means I can, as a native-born American citizen, the
head of a branch office in London of an American house, obtain that
protection by the granting tome of a passport, which every American
citizen certainly has the right, not only to demand, but to easily
obtain.
It is without doubt in the knowledge of the State Department that there
are many Americans in London, as well as in the other large continental
centers, who, while remaining citizens of the United States, and with
every desire to return home to their friends and their country, are
forced, owing to the exigencies of business, to remain and manage that
branch of their business which is located in a foreign country, and with
every hope and every desire and every longing to return home, can
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not, with any degree of
certainty, say when the long-looked-for time or opportunity may arrive;
therefore, I really think that, as this question is of so great an
importance to Americans, that I must ask you to let me have some reply
that will overcome the difficulty which, prevents us abroad from
obtaining the passport which we are entitled to.
I quite realize that my position does not warrant any change being made
in the regulations decided upon by the State Department in Washington,
but I maintain that my position is the same as the position of one of
our most honored American residents in London, namely, J. S. Morgan, and
that under the present regulations it would be impossible for him to
obtain a passport; and It does seem to me that there should be some
means to enable Americans residing abroad, against whom there can be no
possible objection raised, to obtain a passport for their personal
protection quite as readily as it is possible for a native American in
America to obtain it, and equally as easy as it is for a naturalized
American.
Apologizing for the length of this letter and feeling sure that I shall
receive a prompt reply,
I remain, etc.,
