Mr. Hardy to Mr.
Hay.
United
States Legation,
Berne, May 2,
1902.
No. 55.]
Sir: I have the honor to report that I have
refused an application for a passport made by Mrs. Bertha Knopf under
the circumstances set forth below.
On August 22, 1895, passport No. 251 was issued to one Dr. Leo Knopf on
an application in which he declared he was born in New York on December
2, 1870, his father being a naturalized citizen of the United States,
and that he intended to return to the United States within three or four
years. He was the bearer of passport No. 1812, issued November 1, 1892,
by the legation in Berlin, and desired its renewal for the purpose of
finishing his studies. His wife’s name and that of his son Richard, born
at Altdorf, January 13, 1895, were inserted in passport No. 251.
On June 9, 1898, his wife, Bertha Knopf, called at the legation and
explained to Mr. Leishman that her husband had left Switzerland, taking
with him the passport No. 251 issued as above by Mr. Broad-head, leaving
her and her children without money or identification papers. She was
accompanied by Dr. Schmid, national councilor of Altdorf, who vouched
for the truth of her statements. On these statements and the production
of her marriage certificate and the birth cirtificates of her two
children, and her declaration to go to the United States (where she had
never been) within two years, passport No. 156 was issued her on June 9,
1898. She was then informed that she must not count upon a renewal.
On April 12 instant she applied for a renewal through the Zurich
consulate, but was unable to declare her intention to go to the United
[Page 970] States within any definite
time. Copies of Mr. Lieberknecht’s letter accompanying her application
and of my reply thereto are inclosed herewith.
Mr. Lieberknecht wrote again on April 16 instant. A copy of his letter
and of my reply declining to renew are also inclosed.
Should the reasons set forth in Mr. Lieberknecht’s letter, or the
statements made in Mrs. Knopf’s last letter appealing against my
decision, seem in the view of the Department sufficient to warrant the
issue of a passport I would ask to be so instructed.
Without such instruction I do not see my way clear to do so.
I have, etc.,
[Inclosure 1.]
Mr. Lieberknecht to Mr. Hardy.
United States Consulate,
Zurich, April 12,
1902.
Dear Sir: Inclosed please find application
for passport of Bertha Knopf, together with her old passport. She
married an American citizen, and her husband left her without any
papers whatsoever. He is a fugitive from justice, and she does not
know whether he is alive or dead. Reports have reached her that he
committed suicide, but she has no positive proof of this fact.
What proof she has furnished that her husband is an American citizen
I do not know, but the facts are recorded at your legation.
Yours, respectfully,
[Inclosure 2.]
Mr. Hardy to
Mr. Lieberknecht.
United States Legation,
Berne, April 15,
1902.
Sir: Inclosed please find returned the
passport application of Mrs. Bertha Knopf, and her expired passport,
“canceled.”
It appears that Mrs. Knopf married a native citizen of the United
States, who has since deserted her; that she has never been in the
United States, and can make no declaration of intention to go there.
Under these circumstances, as at present set forth, her application
is refused. In the application made by her husband in 1895 he
declared himself to be a native citizen, and to have been born in
New York, December 2, 1870. In such a case the wife should make
application on the native form, the words “that I am the wife of a
native” being inserted in the proper place. I call your attention to
this instruction of the Department for your future guidance.
Yours, very respectfully,
[Inclosure 3.]
Mr. Lieberknecht to Mr. Hardy.
United States Consulate,
Zurich, April 16,
1902.
Dear Sir: I have to acknowledge the receipt
of your favor of the 15th instant, in regard to passport application
of Mrs. Knopf, and note what you say.
I should certainly have used a native form had she not given me to
understand that her husband was, or had been, a naturalized citizen,
but the fact is she knows very little about him. The woman is no
doubt an American citizen, and in her unfortunate circumstances it
seems she ought to have the protection of her country. As regards
her returning to the United States, it is difficult for her to make
any positive [Page 971] statements
until she is able to learn whether her husband is alive or dead. If
she would make application on a native form would you see your way
clear to issue her a passport? It’ so, I shall have her sign a new
application.
Yours, etc.,
A. Liebkrkcnecht, Consul.
[Inclosure 4.]
Mr. Hardy to
Mr. Lieberknecht.
United States Legation,
Berne, April 18,
1902.
Sir: I beg to acknowledge receipt of your
letter of April 16 instant, in regard to the passport application of
Mrs. Knopf. There seems to be no doubt of the fact that she has
acquired American citizenship by marriage to a citizen of the United
States. The question is whether she intends, now that her husband
has deserted her, to retain the citizenship she has acquired or not.
The reply to this question is found in her application wherein she
declares no intention to go to the United States, and in the fact
that her circumstances are such that there is no reasonable
probability that she will do so. If, as you say, she knows very
little about her husband, whether he is alive or dead, her going to
the United States, where she has never been, being dependent upon
what she may learn of his whereabouts and disposition, is altogether
too vague and improbable to warrant the issue of her passport.
I regret that I can not see my way clear so to do.
Yours, very respectfully,
[Inclosure
5.—Translation.]
Mrs. Knopf to
Mr. Hardy.
Sisikon, Ct. Uri, April 24, 1902.
Honored Mr. Minister: I am informed by Mr.
Lieberknecht that a renewal of my passport is refused for the reason
that I can not declare when I will go to the United States. To some
extent this is right. Some years ago a suit was brought against the
parents of my husband for the payment of a yearly allowance in
support of my children, and as it is uncertain when this suit will
end, it is impossible to state when I will be able to go to America.
As soon as the court shall have decided it, it will be necessary for
me to go there to investigate matters myself and to secure a death
certificate of my husband. I have acquired American citizenship
through my marriage only, and am by birth a German. If, contrary to
my expectation, the protection of my home country should be denied
to me at this time of need, I would be obliged to resume my former
nationality.
I beg you, honored minister, to inform me as soon as possible whether
it would not be possible under the circumstances to have my passport
renewed. If it should be impossible, please let me know the steps
necessary for me to take to secure the necessary papers allowing me
to stay in Switzerland.
Please accept, etc.,
Mrs. Dr. Bertha
Knopf-Fischer.
