Mr. Hardy to Mr. Hay.
Berne, September 1, 1902.
Sir: I beg to report that on August 30 last I refused a passport to one Bernhard Kaufmann under the following circumstances:
Kaufmann was born on the 27th April, 1855, in Oetheim, Germany; emigrated to the United States in February, 1872, and was naturalized, before the court of the city and county of New York on the 10th July, [Page 978] 1878. He obtained passport No. 8843 from the Department of State on the 11th day of July, 1878, and left the United States in April, 1880.
He first applied to this legation for a passport on February 28, 1896. Mr. Peak, then minister, did not feel authorized to grant him a renewal on account of his sixteen years’ residence abroad, from 1880 to 1896. He reported the case to the Department in his No. 9 of March 3, 1896, and in its No. 18 of March 19, 1896, the Department approved Mr. Peak’s action.
It is evident that, on being so informed, Mr. Kaufmann went to the United States and procured passport No. 18068, of November 14, 1896, from the Department of State, for he presented the expired passport when applying for the second time to the legation on October 1, 1898. His application showed that he returned to Europe on December 3, 1896, in less than three weeks after obtaining his passport, and after a brief visit only in the United States. Mr. Leishman granted a renewal in 1898 on the presentation of the passport from the Department of State and the usual declaration to return within two years.
In September, 1900, Kaufmann again appealed for a renewal and made the same declaration of intent to return. Mr. Leishman declined to renew his passport, holding that in view of his continued residence abroad since 1880, a brief visit to the United States did not constitute residence in the sense of the regulations.
But on the production of a special sworn affidavit to the effect that he would return to the United States within two years, there to reside and perform the duties of a citizen, Mr. Leishman finally issued him a passport (No. 515, September 25, 1900).
Mr. Leishman’s letter to the consul at Zurich, accompanying this passport, instructed him to warn Kaufmann that a failure to make good his declaration would lead to the refusal of further protection.
Kaufmann now applies, on August 30 last, for a renewal. His application shows that he has not been in the United States since 1896, and makes the same declaration of intention to return within two years.
With the exception of the brief visit, made apparently for the purpose of securing the passport already refused by Mr. Peak, with the Department’s approval, he has resided abroad since 1880.
So far as the facts appear, it would seem that he secured naturalization for the purpose of living abroad as an American citizen, thus to avoid the duties of citizenship in the place of his residence.
It is not unlikely that he may return to the United States to secure a passport, as before, and subsequently return to Switzerland, where his interests are. I deem it proper, therefore, to report the case to you.
I have, etc.,