Mr. Gresham to Mr. Terrell

No. 36.]

Sir: I have received your dispatch No. 11, of the 20th ultimo, in the matter of the application of Edward Albert Green for a passport, “claiming” you say, “citizenship through the naturalization of the father.” It appears that his father, Charles Green, a native of Hungary, was naturalized as a citizen of the United States in the court of common pleas in Philadelphia, July 25, 1855, and that while discharging his duty as acting consul of the United States at Tulchia (Danube) in 1859, the son who now applies for a passport was born. Consequently this is not a case of claiming citizenship through the previous naturalization of the father.

That refers to children who, having been born aliens before the parent’s naturalization, and being minors at the time, become, if residing in the United States, citizens by virtue of such naturalization. Young Green is, under section 1993 of the Revised Statutes of the United States, a natural-born citizen. It says:

All children heretofore horn or hereafter horn out of the limits and jurisdiction of the United States whose fathers were, or may he at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.

It accordingly remains for you before issuing the desired passport, to satisfy yourself as to the bona fides of young Green’s conservation of citizenship and positive intent to return within some reasonable period for the purpose of assuming and performing his duties as such citizen.

I am, etc.,

W. Q. Gresham.