Mr. Storer to Mr. Sherman.
Brussels, October 26, 1897. (Received November 5.)
Sir: I beg to report the following case in order that the facts may be in the possession of the Department should occasion arise to ask instructions:
Stephan E. Bayer presents himself, asking whether or no he is an American citizen and entitled to the protection of a passport.
He shows his certificate of birth in Dresden in the year 1871, issued by an Israelite rabbi. This certificate was not given until January 18, 1876, and recites that this child was the son of Elias Bayer, citizen of New York, and of Elise, his wife. On the back of this certificate of birth or “Geburtschein” is a certificate of the United State consul at Dresden as to the genuineness of the rabbi’s signature, and in this certificate the consul recites that both Elias Bayer and his wife are citizens of the United States and residents of New York City. This certificate is under the consular seal. The applicant further is in possession of passport 13217, issued by the State Department to Elias Bayer November 18, 1884, covering himself, his wife, and two minor children. The applicant, who seems to speak with the utmost frankness, says that Elias Bayer, the father, unmarried, went to America from Germany in 1857 or 1858; that he came back to Dresden in 1869 or 1870, and there, in 1870, married his wife; that he himself is one of the two minor children spoken of in the passport, and his sister, now living, is the other.
The father, Elias Bayer, went back to America alone in 1884, and stayed three months, obtaining this passport at that time. Neither the mother nor either of the two children has ever been to America, nor has their father ever been back since 1884.
He states that his father always calls himself an American citizen, as he himself has also always done; that at the age military service was due from him to the German Government he was in Berlin, told the chief of police that he was an American citizen, and in proof gave him the “Geburtschein” and consular certificate that I have described. He says that the chief of police retained the paper for some time; that when the military authorities sought his service he referred them to the chief of police, and finally this certificate was returned to him and [Page 29] he never was troubled in the matter further. He now comes to Brussels, has registered himself at the city hall as an American citizen, saying that he can not call himself anything else. Should he call himself a German, he may be pursued for military service, and should he refuse to give any nationality he may be expelled from Belgium.
I refused to issue him a passport.
From the nature of the case it is possible some future complication may arise, and, as I stated, I thought it well that the matter should be in possession of the Department for reference in case of correspondence.
I have, etc.,