Mr. Thompson to Mr. Olney .
Petropolis , October 10, 1895 . (Received Nov. 5.)
Sir: I have received from the consul at Santos six applications for passports, which I have found it necessary to reject, and on which I [Page 73] request the revisionary action of the Department. The applications are as follows:
Henry C. Whitaker, born of American parents at Santa Barbara, Brazil, February 3, 1874, where he has since resided. He claims domicile in the United States, with permanent residence in Harris County, Ga. He expects to return to the United States within two years, and desires the passport for purposes of protection.
Imloch N. Whitaker, born of American parents at Santa Barbara Brazil, October 3, 1867, where he has since resided. He claims domicile in the United States, with permanent residence in Harris County, Ga., and expects to return to the United States within six months, and desires the passport for purposes of traveling and protection.
James Carlton, born of American parents at Santa Barbara, Brazil, January 18, 1871, where he has since resided. He claims domicile in the United States, with permanent residence at Meridian, Miss. He expects to return to the United States within a few years, and desires the passport for the purpose of protection.
John H. Rowe, born in Warren County, Ga., February 22, 1846. He claims domicile in the United States, with permanent residence in Warren County, Ga., where he follows the occupation of farmer. He left the United States May 22, 1867, and is now residing at Santa Barbara, Brazil. He expects to return to the United States within a few years, and desires the passport for purposes of protection.
William F. Pyles, born July 13, 1845, in Abbeville County, S. C. He claims domicile in the United States, with permanent residence in Jackson County, Fla., where he follows the occupation of farmer. He left the United States April 2, 1867, and is now temporarily residing at Santa Barbara, Brazil. He expects to return to the United States within a few years, and desires the passport for purposes of protection.
Charles C. Finley, born at Mariana, Fla., June 10, 1859. He claims domicile in the United States, with permanent residence at Mariana, Fla. He left the United States April 2, 1867, and is now residing at Santa Barbara, Brazil. He expects to return to the United States within a few years, and desires the passport for the purpose of protection.
As I understand the policy of the Department, it is not customary to issue passports to persons born of American parents without the territory of the United States when the laws of the country of their birth and residence declare them to be citizens. Article 69 of the constitution of Brazil declares that natives of Brazil, though of foreign parentage shall be Brazilian citizens. The applicants James Carlton, Henry C. Whitaker, and Imloch N. Whitaker are by this article Brazilian citizens, and while they remain voluntarily within its territory can not properly claim a passport from this legation. The applicants have, however, been informed that they apparently fall within the provisions of section 1993 of the Revised Statutes and may avail themselves of its provisions upon their return to the United States.
The applications of John H. Rowe, William F. Pyles, and Charles C. Finley apparently fell within the Department’s instructions No. 260, of August 8, 1895, and in the absence of any definite intention to return to the United States have been denied passports.
I have, etc.,