Mr. Choate to Mr. Hay.
London, January 14, 1901.
Sir: In connection with the granting of passports by this embassy, I have the honor to draw your attention to a class of cases presenting some difficulties and involving often not a little hardship to the applicants.
I refer to the applications for passports of those children of naturalized citizens who were minors at the time of the naturalization of their parents, and who, having been taken to America at an early age, have always continued to reside there, and have subsequently performed the duties attaching to full citizenship.
It would seem a hardship to such persons, when otherwise satisfactorily identified, to make the production of their fathers’ naturalization papers a prerequisite to obtaining a passport at this embassy, [Page 207] and yet under existing circumstances I have no option but to refuse unless the papers in question are forthcoming.
It is constantly claimed by such applicants that this is not required of them when they apply direct to the Department of State.
There are only three forms of application known to this embassy, viz, “Native,” “Naturalized,” and that for “Persons claiming citizenship through the naturalization of husband or parent.” It is therefore upon the last form, which requires the production of parents’ naturalization papers, that the applicants referred to must make their sworn statements.
As far as I can discover, there is no instruction of the Department which would exactly cover these circumstances.
The following recent case will perhaps make the point clearer. Charles Muchnic, a young man, applied to the embassy some days ago for a passport. He was the bearer of a passport from the Department of State, which had just expired, and also produced proper letters of identification.
From his sworn statement it appeared that he had gone to Philadelphia with his father some twenty years ago, he being at the time but 3 years old, and that his father was naturalized while he was still a child; that ever since that time he had resided uninterruptedly in Philadelphia, where he was educated and subsequently, upon arriving at his majority, voted. He had recently come abroad as an engineer, representing American interests, and had every intention of returning to the United States to reside, as soon as he had accomplished the work he was engaged upon.
A passport was refused him on the sole ground of his inability to produce his father’s naturalization papers. His passport from the Department was obtained in Philadelphia, where he is well known, and the production of his father’s papers was not required.
I would, therefore, respectfully ask for instructions, to guide me in future in such cases as that of Mr. Muchnic—as to when the production of the father’s naturalization papers may be waived, or as to how far such a waiver would be left to the discretion of the embassy.
I have, etc.,