Mr. Wharton to Mr. White.

No. 64.]

Sir: I have to acknowledge your Xo. 55, February 13, relating to the application of Hugo Sundel for a passport, and requesting instructions.

Mr. Sundel avers that his certificate of naturalization, obtained in 1872, was stolen in 1881, and that passport 304 was issued him by our legation at St. Petersburg August 25, 1882. The inference naturally is that satisfactory proof of the fact of naturalization was then made, for at that time the alleged loss of the certificate had already occurred. Whatever impediment the absence of the certificate of naturalization may now offer would seem to have existed in 1882 with equal force. There is no record of any passport being issued by the Department in 1872 or 1873, between Sundel’s naturalization and departure for Europe. The Department has no record of the passports issued by our legation at St. Petersburg in 1882, but the grounds for issuing may perhaps be determined by the records at your legation.

The fact that Sundel lived but a short time in the United States beyond that required to obtain naturalization, and that since then he has resided in the country of his origin for a period of twenty years, seems to require proof of bona fide conservation of his American status beyond his general statement of an intent to return to this country within two years with the purpose of fulfilling the obligations assumed by his naturalization.

Unless Hugo Sundel shows to your satisfaction that the statement of his intention of returning is made in good faith and is likely to be fulfilled, you may withhold the issuance of a passport to him.

I am, etc.,

William F. Wharton,
Acting Secretary.