Mr. Breckinridge to
Mr. Olney.
Legation of the United States,
St. Petersburg, July 3, 1896.
(Received July 18.)
No. 339.]
Sir: I have the honor to inclose herewith copy
of a letter of June 24 from our consul at Batoum, and of my reply of
this date, concerning the application of Mr. Simon Behrman, born in
Russia twenty-six years ago, and whose father was a naturalized citizen
of the United States, for a passport. Having stated the case fully in my
letter to the consul, I do not here recapitulate it. It does not appear
to come under the inhibition of the Eugene Albert case (II Wharton, pp.
413–414) unless the applicant should fail to duly manifest his intention
of going to the United States within a reasonable time, to reside. The
points are somewhat new and your ruling upon my interpretation of the
law, and decision is respectfully requested.
I have, etc.,
[Page 514]
[Inclosure 1 in No.
339.]
Mr. Chambers to
Mr. Breckinridge.
United States Consulate,
Batoum, June 24,
1896.
Sir: Simon Behrman, claiming to be a
citizen of the United States asks that a passport be issued to him,
and makes the following statement:
Sigismund Behrman, a Polish Jew, but a Russian subject, went to the
United States from Kovno in 1860 and remained long enough to become
a citizen, returning to Russia to visit his family, none of whom he
ever took to the States, and leaving the States finally in 1875,
bearing a United States passport. He engaged in the soap-making
business at Saratov, where he died in 1887, from a stroke of
apoplexy brought on by the destruction by fire of his house and
factory, in which fire were destroyed all the documents he possessed
but his United States passport. Simon Behrman was one of three minor
children left by Sigismund Behrman, and was born in the town of
Kovno on July 2, 1870. He lived under his father’s passport until
1889, when the governor of the Province of Saratov issued to him a
“ticket of residence” for the term of one year, which was renewed
from year to year until 1895, when he wrote to the Department of
State at Washington asking for a passport, and received the reply
inclosed, and in consequence of this reply came from Baku here to
make the necessary application before me for a passport; but as he
can give me no other evidence of identity or citizenship than the
old and ragged passport of his father, it is impossible for me to
take his application in proper form.
He states that he has never had any trouble with the authorities, but
has lived until the last year in the Province of Saratov, where he
was well known; but he has now an interest in a business at Baku and
fears that he will have trouble with the authorities unless he
procures a passport.
I have given you all the information received from him, except that
he states that his brother who resides in Munich has a United States
passport. I shall be obliged if you will advise me what documents
you require from him in order to issue him a passport, and in what
shape I must take his application, for I must confess that I am very
much at sea in the matter; he is certainly not a naturalized
citizen, and equally as certain not native born, and those are all
the blanks I have for applications for passports; I believe that he
can satisfy me that he is Simon Behrman, but not with the aid of an
American, but that he can produce anything more than the old
passport of his father as evidence of his citizenship, I do not
believe. The puzzling question he puts to me is that if he is not a
citizen of the United States, why not, and what is his nationality?
He has undoubtedly been accepted by the Russian authorities as a
citizen of the United States, and if he is now denied by you, he
will undoubtedly experience much and serious trouble, as I believe
that he is a man of some means, as he says if absolutely necessary
he will go to the United States to have the matter of his
citizenship finally settled, although, of course, is loath to incur
so great an expense and the loss of time necessary for such a
course. An early reply will greatly oblige,
Your most obedient servant,
[Page 515]
[Inclosure 2 in No.
339.]
Mr. Breckinridge to Mr. Chambers.
Legation of the United States,
St. Petersburg, July 3, 1896.
Sir: I have your letter of June 24, No.
487, concerning a passport for Mr. Simon Behrman.
He claims to be the son of Sigismund Behrman, who emigrated to the
United States from Kovno in 1860, became a naturalized citizen,
returned at times, it seems, to visit his family, none of whom he
ever took to his adopted country, finally returned to Russia in
1875, bearing a United States passport, and engaged in the
soap-making business at Saratov, where he died in 1887. The
applicant was born at Kovno, July 2, 1870, and has lived under his
father’s old passport and under a “ticket of residence” issued by
the governor of the province from year to year. The old passport to
his father seems to be the only present evidence of family identity,
bat you believe he can fully establish that fact. You inclose a
letter to him from the State Department of December 27, 1895,
telling him to make his application for a passport to the legation.
The questions asked are, Why is he not a citizen of the United
States? and, What is his nationality?
I note further that Mr. Behrman has an interest in business in Baku,
and fears that he will now have trouble with the authorities if his
application for a passport is refused.
Children born out of the jurisdiction of the United States, whose
fathers were or may be at the time of their birth citizens thereof,
are themselves citizens of the United States. They are required,
however, to elect, when they become of age, whether they will
continue to avail themselves of this right, and if they choose to
continue as citizens’ they must go to the United States, there to
live and discharge the duties of citizenship, having only such
rights and privileges in regard to going abroad as are enjoyed by
other citizens.
Whatever may be said about the difficulty Mr. Behrman’s father might
have had, owing to his seemingly having gone into a local business
in Russia and taken up his permanent residence here, yet he appears
to have died with his citizenship still accepted by the Russian
authorities and not denied by the United States Government. I do
not, therefore, call the citizenship of his father into
question.
It follows from the foregoing that Mr. Behrman upon arriving at 21
years of age had a right to a passport under the usual conditions,
and I am of the opinion that the form of his application is the one
used for native-born citizens, accompanied by the explanation that,
though born abroad, his father was a citizen of the United
States.
As regards Mr. Behrman’s present rights, he was born July 2, 1870,
and it is six years since he reached his majority. It is true that
by his acts he has shown his choice of American citizenship, but he
has not conformed to the conditions required and previously stated.
He does not appear, however, to have omitted this knowingly, and
hence his having gone into business and continued his residence here
does not prove his unwillingness to conform to those conditions.
I am of the opinion I can issue him a passport if he can give you the
additional satisfactory proof of his being the son of Sigismund
Behrman, and can satisfy you of his willingness and purpose to go to
the United States at the end of two years, there to reside and
discharge the duties of citizenship.
[Page 516]
It would be desirable that the proof of parentage be a legal
certificate of birth, if such can be obtained; but you are not
limited to this. My conclusion will be submitted to the Department,
and my final action may be modified by the ruling of the Secretary.
You are desired, however, to forward the application to this
legation without delay, unless Mr. Behrman prefers to wait until I
make known to you the final decisions and to make known to him the
substance of this letter.
I am, etc.,
P. S.—I find that there is a special form of application for
persons claiming citizenship through naturalization of husband
or parent, and send you by this mail some copies of the
same.
