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Mr. Combs to Mr. Hay.

No. 96.]

Sir: Mr. Lazarus Marks has applied to me for a passport of the United States under the following statement of fact: He was born in Prussia in 1835; emigrated to the United States in 1854; resided in that country uninterruptedly until 1870; has naturalization papers.

Since 1870 he has lived in Guatemala; married in Guatemala and has his home and family here.

Passport refused.

Said Marks also asked me as to the status of his sons.

David Marks, born in Guatemala in 1877; married in the country; has never been to the United States. Passport refused on the ground the son being 26 years of age, born, married, and domiciled here and never having claimed American citizenship, the inference was natural and proper that he accepts his status under the laws of this country.

Also Abelardo Marks, aged 20, and other minor sons. I informed Mr. Lazarus Marks passports would be issued to them as they became 21 years of age if they desired it and were prepared to make the proper declarations.

I informed Mr. Marks I would refer these facts and my decision to the Department of State that I might be sure I was not withholding any protection to which they were entitled.

I have, etc.,

Leslie Combs,