Mr. McCormick to Mr. Hay.
Vienna , November 12, 1901 .
Sir: I have the honor to present to you for your consideration the case of Moses Lilienthal, who has applied to this legation through the United States consul at Budapest, for a passport, and I respectfully ask for the instructions of the Department in this connection.
The facts of the case are as follows:
- 1.
- Moses Lilienthal was born at Jerusalem, Palestine, on the 10th of January, 1856, and has resided there since the day of his birth.
- 2.
- His father was born in the United States, at Louisville, Ky. (how long the father resided in the United States is not mentioned in application), and Lilienthal claims citizenship through native citizenship of parent.
- 3.
- He is the bearer of certificate, Form 179, No. 11, issued by the United States consul at Jerusalem on the 29th of January, 1901, and of Turkish passport, which I have the honor to inclose herewith, and respectfully request that they may be returned.
- 4.
- He is now temporarily residing at Budapest, Hungary, and declares that he intends to return to the United States (where he has never been) within two years, with the purpose of residing and performing the duties of citizenship therein; and yet in the same application he declares, “I desire the passport for the purpose of traveling in Europe and Asia.”
In this declaration I have no confidence, circumstantial evidence being entirely against it.
It seems to me that the consul at Jerusalem is responsible for issuing Form 179 to Mr. Lilienthal, to be used by him as a passport, contrary to sec. 169 (and 149) of Consular Regulations.
For which reasons, pending instructions from the Department, I have declined to issue passport to applicant.
I have, etc.,