Mr. Gresham to Mr. White.
Washington, June 6, 1893.
Sir: I have to acknowledge the receipt of your No. 99, of the 19th ultimo, in regard to the application for passports made in behalf of David Waldenberg and Jacob, his son.
On the facts as stated, all presumption of conservation of right to continued protection as a naturalized citizen of the United States is conspicuously negatived in the case of the father, David Waldenberg, he having resumed and maintained permanent domicile in the country of his original allegiance; as for the eldest son, Jacob, his right to protection after coming of age has not been established by conclusive evidence of intention to come to the United States after attaining the age of 21 years in July next. If he makes his purpose in that regard clear by taking the necessary steps to effect it by actual removal to the United States, here to dwell and perform the duties incumbent on a good citizen, he may have a passport to come to the United States, not otherwise.
The dates of the birth of the other children, Isidore and Emily, do not appear in your dispatch, but, inferring that they are minors, they should have the benefit of the doubt, and be secured recognition of the status of American citizenship under section 1993, Revised Statutes, until they come of age and become competent to exercise the option of domicil which belongs to them.[Page 544]
In this connection, I inclose for your information copy of my instruction* No. 84, of April 28 last, to the minister to Japan, in regard to the applications for passports of Alex and Basil Powers, both of Russian origin.
I am, sir, etc.,