Mr. Hay to Mr. Leishman.

No. 178.]

Sir: I have to inform you that your dispatch, No. 155, of the 14th ultimo, submitting to the Department for its decision the application of Mr. Jules Michot for a passport as an American citizen, has been received. The nationality of the mother not being determinable in this case, since she is, like the father, an absolutely unknown quantity, the only question is, Was the applicant born in the United States? If he was, he is a citizen by right, and is, under our practice, entitled to our protection during his minority, wherever he may be, since no act of the parents or of anyone else can deprive him of the right conferred upon him by his birth.

The woman’s petition to the court of common pleas No. 3, at Philadelphia, was so far accepted by the court that it granted her prayer and gave her the child in adoption. She swore that it had been left with her near Philadelphia when it was about three months old, and that she knew nothing of its parentage or place of birth. The applicant himself, however, thinks this woman is really his mother. This opinion, based upon years of filial association with her, is probably correct; but it is only an opinion, and need not disturb the presumption that the child was born in the country where its existence first became known. The applicant himself has always been led to believe that he was born in Philadelphia, and has taken oath accordingly. At any rate, your desire for additional evidence in regard to the place of birth is one palpably impossible of gratification. There can not be a record of the birth, as the child was either a foundling or the birth was concealed. The woman is on record as swearing her ignorance on the subject. The circumstances being as set forth in the papers, there would seem to be no escape from the presumption that the child was born in the United States and should accordingly be granted a passport.

I am, etc.,

John Hay.