Mr. Phelps to Mr. Blaine .

No. 289.]

Sir: I have the honor to inform the Department that I have to-day issued a passport to Christian Henne on his application, a copy of which is herewith inclosed.

About the 1st of December, 1889, the Department of State furnished for the use of the legation three kinds of forms of application for passports: (1) for a “native,” (2) for a “naturalized” person, and (3) for a “person claiming citizenship through the naturalization of husband or parent.” No instructions accompanied these blank forms, but under the “general instructions in regard to passports—1888” issued by the Department it has heretofore been the practice of the legation to use the third form—a copy of which is inclosed—in the case of children of naturalized parents, wherever born. An exception has been made to this general rule in the case of those children who were born in the United States, and who dwelt therein until they became of age and were competent of themselves to decide to which country they would give allegiance.

I have specially reported the case of Christian Henne in order to avail myself of the opportunity it occasions to ask of the Department answers to the following questions:

(1)
Is the form of application for “native” or for “person claiming citizenship through the naturalization of * * * parent,” the latter requiring the production of the father’s certificate of naturalization, to be used in the case of a child born in the United States of a naturalized father?
(2)
In this connection, is it material whether the birth of the child took place within the United States before or after the naturalization of the father; and if so, what proof can be required of the correctness of statements in regard to the relative dates of these events?
(3)
In considering the form of application to be used and its requirements, is it material whether the child born in the United States of a naturalized parent leaves the United States before he is twenty-one?
(4)
In the sense of the Department, does the child born in the United States of a naturalized parent claim citizenship through such naturalization or through his American birth?

[Page 513]

While awaiting the Department’s reply to these questions the legation will continue the practice as under the present interpretation of previous instructions.

I have, etc.,

Wm. Walter Phelps.
[Inclosure 1 in No. 289.]

Christian Henne’s application for a passport.

No. 923.]

native.

I, Christian Henne, a native and loyal citizen of the United States, hereby apply to the legation of the United States at Berlin for a passport for myself.

I solemnly swear that I was born at Los Angeles, in the State of California, on or about the 21st day of February, 1873; that before his death my father was a naturalized citizen of the United States; that I am domiciled in the United States, my permanent residence being at Los Angeles, in the State of California, where I follow the occupation of student; that I left the United States on the 10th day of June, 1890, and am now temporarily residing at Mittenweida, Saxony; that I intend to return to the United States within two years with the purpose of residing and performing the duties of citizenship therein; and that I desire the passport for the purpose of identification.

oath of allegiance.

Further, I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will hear true faith and allegiance to the same; and that I take this obligation freely, without any mental reservation or purpose of evasion: so help me God.

Christian Henne.

United States Consulate,
Chemnitz, Saxony .

Sworn to before me, this 19th day of May, 1891.

Frederick B. Tuttle,
Vice and Deputy Consul.

description of applicant.

Age, 18 years; stature, 5 feet 11½ inches, English; forehead, square; eyes, gray; nose, straight; mouth, medium; chin, normal; hair, brown; complexion, fair; face, round.

[Inclosure 2 in No. 289.]

Form of application for passport for person claiming citizenship through naturalization of husband or parent.

No.—.]

I, _____ _____, a naturalized and loyal citizen of the United States, hereby apply to the legation of the United States at _____ for a passport for myself, ____.

I, solemnly swear that I was born at-on or about the ____ day of ____, 18—; that my ____ emigrated to the United States, sailing on board the ____ from ____, on or about the ____ day of ___, 18—; that he resided ____ years uninterruptedly in the United States, from ____ to ___ at ___; that he was naturalized as a citizen of the United States before the ____ court of ___, at ____, on the——day of ____, 18—, as shown by the accompanying certificate of naturalization; that I am the _____ of the person described in said certificate; that I am the bearer of passport No. ____, issued by ____ on the ___ day of ____, 18—, which is returned herewith; that I am the identical person referred to in said passport; that I have resided in the United States uninterruptedly for ____ years, from ___ to ___, at ____; that I am domiciled in the United States, my permanent residence being at ____, in the State of ___, where I follow the occupation of ____; that I last left the United States on the ____ day of ___, 18 ___, on board the ___, arriving [Page 514] in ___ the ___ day of ___, 18 ____; that I have resided in ___ since the ____ day of ___, 18 ___; that I am now temporarily residing at ____; and that I intend to return to the United States within ____ with a purpose of residing and performing the duties of citizenship therein.

I desire the passport for the purpose of ___.

oath of allegiance.

Further, etc.