Mr. Tower to Mr. Hay.

No. 30.]

Sir: I have the honor to report to yon for your information, the case of Mr. M. W. Pipping, of Helsingfors, a Russian subject who has applied for “a certificate to keep his two sons as American citizens in order to rescue them from military service.”

The facts relating to it are as follows: M. W. Pipping was born in Helsingfors, Finland, in 1851. He emigrated to the United States in December of 1883 and resided there, in Pennsylvania and Ohio, where he followed his vocation as a mechanical engineer until the month of March, 1896. He never was naturalized as a citizen of the United States, but returned to his native country and to his duty as a Russian subject in 1896.

Whilst he resided in Altoona, Pa., two sons were born to him, to wit: Alfred, on the 24th of November, 1885, and Ingewald, on the 28th of December, 1887. Upon his return to Helsingfors he brought these two minor children with him, and they are now living with him there.

It is for these boys, who are at present, according to his statement, 13 and 11 years of age, respectively, that he asks for the protection of the United States Government to exempt them from military service here because they were born in America.

His first application, a copy of which is respectfully submitted herewith, together with copies of the whole correspondence relating to it, was made through Mr. Victor Ek, United States vice-consul at Helsingfors, in a letter dated the 16th of March, 1899, to the consul-general of the United States at St. Petersburg, which was in due course referred by the consul-general to this embassy.

Before deciding whether these boys are entitled to receive the protection sought for them by their father, I wrote to the vice-consul at Helsingfors, saying that the only document which could be given them by way of identification would be an American passport, and I asked him for further information as to who Mr. Pipping is and where he was born; when he went to America; when he returned from there; whether he has any interest there; whether he ever declared his intention to become an American citizen; whether he intends to send his children to America to reside there; and, if so, when. I thought it possible that these inquiries might lead to the discovery of some reason for issuing a passport; otherwise it would appear that this was merely the application of a foreigner who seeks to shield his boys from the performance of such duties as they will properly become liable to if they continue to reside within Russian jurisdiction and remain hereafter Russian subjects in fact. But Mr. Pipping has written the reply which accompanied the vice-consul’s letter addressed to me on the 10th of April, from which it appears that this man lived in the United States for more than twelve years without acquiring citizenship and without even declaring his intention to become an American citizen; that he is now engaged in business in Helsingfors and has no intention of returning to America to become a citizen of the United States; that he is [Page 601] raising and educating his sons in Finland and has no definite intention of sending them to the United States now or in the future.

It is true these boys were born in the State of Pennsylvania, and I recognize the fact that they have a right under our statute to avail themselves of that accident to choose American citizenship if they decide to do so upon their coming of age. But, without discussing the abstract question of their right to citizenship, I am inclined to follow at present the ruling of the Department of State in a similar case, in which it was held that a minor child of a foreigner who was removed by his parents beyond the jurisdiction of the United States took the status of his father during his minority if he remained abroad. The Secretary of State having declared in regard to a certain minor born in the United States, but removed by his parents to Switzerland, that, “while it is true that the boy by virtue of his nativity may claim citizenship of the United States, yet his father being an alien and continuing to remain a Swiss citizen, and having removed the boy while a minor without the jurisdiction of the United States, his status, as well as his domicile, according to well-understood principles of international and municipal law, follows that of the father until the boy attains his majority. Should he, after reaching the age of 21 years, voluntarily return to the United States, and make it his permanent home, asserting the right of citizenship in virtue of his nativity, his political status would then be determined according to the law and circumstances of the case.” (Mr. Seward to Mr. Fish, in re Joseph Speck, August 20, 1878.)

The children of Mr. Pipping are in no proper sense Americans. They are not in contact with American influence or American thought, and they are not preparing themselves, in so far as I can discover, to perform the duties of American life. They live in a foreign country, and their father now seeks to use the protection of the American flag as a cloak under which to hide them from their legal obligations.

Pending the instructions of the Department, I have refused to issue passports to them.

I have, etc.,

Charlemagne Tower.
[Inclosure 1.]

Mr. Ek to Mr. Holloway.

Sir: Mr. M. W. Pipping has lived in America several years, and his two children, Alf and Ingewald (Aino is dead), are born in Altoona, Pa. Mr. Pipping is not American citizen, but he wishes to keep his two sons as American citizens in order to rescue them from military service. He wrote about this matter to his attorney at law in Altoona, and he writes:

“Your favor of the 25th ultimo was received a few days ago. In reply I can only say that I do not see how any paper such as you speak of can be obtained here. I know of no officer of the law who can issue such a certificate. Only way to procure such a decision is to apply to the American consul in the country where your sons may be drafted with military service and there claim exemption from military service on the grounds that they are American citizens. It will then be the duty of that officer to furnish the necessary certificate.” I inclose a certificate that the sons of Mr. Pipping are born in America, and beg to send me the necessary certificate for the questioned purpose.

I am, etc.,

Victor Ek,
Vice and Acting Consul.
[Page 602]
[Subinclosure.]

To whom it may concern:

This is to certify that I was present when the following children of Mr. M. W. Pipping and wife were born, viz: Anio Pipping was born March 13, 1884; Alf Pipping was born November 24, 1885; Ingevald Pipping was born December 28, 1887.

Jno. Fay, M. D.

State of Pennsylvania, County of Blair, ss:

Personally before me, a notary public in and for said county and State, came John Fay, M. D., who, being duly sworn according to law, deposeth and saith that the statement made above is true and correct

Jno. Fay, M. D.


W. J. Hamor, Notary Public.
[Inclosure 2.]

Mr. Tower to Mr. Ek.

Sir: Your letter of March 16 last, addressed to the consul-general of the United States in this city, and asking for such certificates as will show the sons of Mr. M. W. Pipping to be American citizens in order that they may avoid Russian military service, has been referred to this embassy.

The only paper which could in such a case be given by way of identification would be an American passport, for which application in the usual form would have to be made out. To that end, therefore, I wish you would send me the following information:

1.
Who is Mr. Pipping; when and where was he born?
2.
When did he go the United States, where did he reside while there, and in what business was he engaged?
3.
When did he leave the United States?
4.
Has he now any interests, or does he pay taxes in America?
5.
Did he ever declare his intention to become an American citizen; and if so, when and before what court?
6.
Where does he live at present, and what is his occupation?
7.
Does he intend to send his children to America to reside there; and if so, when?

After I have received from you the replies to these questions I shall communicate with you further.

I am, etc.,

Charlemagne Tower,
United States Ambassador.
[Inclosure 3.]

Mr. Ek to Mr. Tower.

Sir: I had the honor to receive your kind letter of the 27th last, and allow me to inclose a letter of Mr. M. W. Pipping, by which you will see the necessary.

I am, etc.,

Victor Ek,
Vice and Acting Consul.
[Page 603]
[Subinclosure.]

Mr. Pipping to Mr. Ek.

[M. W. Pipping, surveyor for hulls, boilers, and engines, Bureau Veritas, Finland.]

Dear Sir: In reply to your esteemed writing of this day I beg to inform that:

1.
I was born in 1851, in Helsingfors, and I am a mechanical engineer.
2.
I arrived to New York December 11, 1883, and resided in different places in the United States, but the longest time, or over seven years, in Altoona, Pa., partly in the employment of the Pennsylvania Railroad Company and partly living upon my farm close to Altoona. The four last years of my stay in the United States I was in Columbus, Ohio, engaged in engineering.
3.
I left the United States in March, 1896.
4.
I am the owner of 133 acres of cultivated and inhabited ground close to Altoona, Pa., and I have some business interests in Ohio, and consequently I pay taxes in America.
5.
I have not declared before any court that I wanted American citizenship.
6.
My occupation and residence is evident from my letter head.
7.
The return of my sons to America depends upon business circumstances, and I can not yet be determined as to time, but may not occur till they are big enough to look after my business in America. But unless they are declared Americans before their fifteenth year of age they may not be allowed to leave Finland before they have fulfilled their military service.

Hoping that you can favor my intention, I am, etc.,

M. W. Pipping.