No. 79.
Mr. Davis to Mr. Fish.

No. 321.]

Sir: When I took charge of this legation I found that the system of records of passports which had been established by Mr. Wheaton at a time when few passports were issued was still adhered to. I inclose a copy of a single page of this record, in order to show how meager were the details which it afforded; quite sufficient, indeed, for the time when it was adopted, but totally inadequate for the wants of today, when American citizenship and American protection are sought by so many designing persons, without an intent of residing in America, or of performing any duties in return for the protection.

[Page 135]

On reflection I thought it best to abandon the old memorandum-record, and to substitute in its place an original application, signed by the applicant, in which should be set forth all the facts necessary to be known to warrant the issuing of the passport, this application to be taken in duplicate, in order that one copy might be transmitted to the Department of State with the quarterly return of passports, and that the other copy might be retained in the legation as evidence of the issue of the passport, to be bound and indexed when there should be a sufficient number. I inclose copies of the forms now in use, as well those for native citizens as those for naturalized citizens. I also inclose copies of circulars which have been from time to time sent to consuls by this legation, to instruct them in the use of these forms.

The first secretary of this legation, Mr. Nicholas Fish, has voluntarily, and with considerable labor, analyzed the information contained in such passport-applications for the year 1875, and has prepared a series of tables which appear to me worthy of being brought to the notice of the Department for the valuable information which they contain. I therefore inclose copies of them. Mr. Fish’s tables yield some instructive results. The whole number of passports issued during the year was 223, of which 124 were issued to native citizens, and 99 to naturalized citizens.

Of the naturalized citizens, 19 had resided in the United States less than six months after their respective naturalization; 6 more than six months but less than a year; 15 more than one year but less than two years; 5 more than two years but less than three years; 5 more than three years but less than four years; 4 more than four years and less than five years; and in ten cases the length of residence in America after naturalization was not given.

In respect of the length of continued residence in Germany, in two cases it was not stated; in eight cases it was more than ten years; in sixteen cases it was more than five years but not ten years; and in thirty-two cases it was more than two years but not five. The average residence in Germany is about four and a half years.

The names of one hundred and two minors are added to the names of applicants in the passports. Of these, twelve only are children of native-born citizens. The protection of the United States is extended over ninety minors, whose parents are naturalized citizens of the United States residing in their native country. The average residence in Germany of the parents is exactly six years.

* * * * * * *

I have, &c.,

J. C. B. DAVIS.
[Page 136]
[Inclosure 1 in No. 321.]

Copy of page 2 in Passport-Register No. 1 of United States legation at Berlin.

Date. No. Name. Birthplace. Authority. Place of destination.
1838.
June 15 15 John W. Cochran United States Known De Hambourg à Varsovie.
June 15 16 Aloni C. Goele Boston do Do.
July 4 17 Theodore T. Moss Philadelphia Passport from Mr. Cuthbert. De Hambourg à Dresde.
July 19 18 John W. Cochran United States Known A Constantinople, (porteur des dépêches.)
July 28 19 Augustus Grosshardt Berlin Passport, (naturalized.) A Hambourg.
Aug. 13 20 Theodore S. Fay United States Known Do.
1839.
Oct. 27 21 Miss Emily Zimmermann Switzerland A provisionary passport. England by France.
Feb. 23 22 John J. Flagg United States London passport A St. Petersbourg par Koenigsberg.
Mar. 21 23 Edward E. Salsbury, lady, and 2 servants. do do A Paris.
April 6 24 Joshua Dodge do Known A Paris, agent diplomatique et attachéàla légation des Etats-Unis d’Amérique et porteur des dépêches.
April 15 25 John McLean Halsey, mother, two sisters, and brother. do Passport Belgium and France by Frankfort-on-the-Main.
April 18 26 N. W. Hazen Massachusetts do England by Belgium.
May 12 27 Augustus C. Thomson United States Passport from mayor of New York. A Paris.
May 20 28 Thomas Palmer do London passport A Dresde.
[Inclosure 2 in No. 321.]

Form of application for a passport by a native

Issued ———, 187–.

No. ———.

native.

Applicant, ——— ———.

I hereby apply to the legation of the United States at Berlin for a passport for myself, my wife, and minor children, as follows: ——— ———, born at ———, on the ——— day of ———, 18—; and ——— ———.

In support of the above application I swear that I was born at ———, on or about the ———day of ———, 18—; that my father is a ——— citizen of the United States; that I am a native and loyal citizen of the United States temporarily residing at ———; that I left the United States on the ——— day of ———, 18—; that I am the bearer of passport No. ———, issued by——— ———, on the ——— day of ———, 18—.

Legation of the United States,
Berlin, Germany.

Sworn to before me this ——— day of ———, 18—.

——— ———,
Secretary of Legation.

Identification.

I, ——— ———, of ———, hereby declare that I am acquainted with the above-named ——— ———, and know him to be a native-born citizen of the United States.

——— ———.

Description of applicant.

Age, —— years.

Stature, —— feet —— inches.

Forehead, ——.

Eyes, ——.

Nose, ——.

Mouth, ——.

Chin, ——.

Hair, ——.

Complexion, ——.

Face, ——.

Oath of allegiance.

I, ——— ———, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign; and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution, or law of any State, convention, or legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge, and [Page 137] purpose, without any mental reservation or evasion whatsoever; and further, that I will well and faithfully perform all the duties which may he required of me by law: So help me God.

——— ———.

Legation of the United States, Berlin.

Sworn to before me this ——— day of ———, A. D. 18—.

——— ———,
Secretary of Legation.
[Inclosure 3 in No. 321.]

Form of application for a passport by a naturalized citizen.

Issued ———, 18—.

No. ———

naturalized.

Applicant ——— ———.

I hereby apply to the legation of the United States at Berlin for a passport for myself, my wife, and my minor children, as follows, viz: ——— ———, born at ——— on the ——— day of ———, 18—, and ——— ———, ——— ———.

In support of the above application, I do solemnly swear that I was born at ——— on or about the ——— day of ———, A. D. 18—; that I emigrated to the United States on or about the ——— day of ———, A. D. 18—; that I resided uninterruptedly in the United States from ———to ———, to wit, at ———; that I was naturalized as a citizen of the United States before the ——— court of ———, at ———, on the ——— day of ———, A. D. 18—, as shown by the accompanying certificate of naturalization; that I am the bearer of passport No. ———, issued by ——— ———, on the ——— day of ———, A. D. 18—, and No. ———, which are returned herewith; that I am the identical person referred to in said certificate and passport; that I last left America on the ———day of ———, A. D. 18—; that I have resided in the United States since the ——— day of ———; that I am now temporarily residing at ———; and that I intend to return to the United States on or about the ——— day of ———, with a purpose of residing there.

——— ———,
Applicant.

Legation of the United States at Berlin

Sworn to this ——— day of ———, A. D. 18—, before me.

——— ———,
Secretary of Legation.

Identification.

———, A. D. 18—.

I hereby certify that I know the within named ——— ——— personally, and know him to be the identical person referred to in the within-described certificate of naturalization.

Description of applicant.

Age, ——.

Stature, ——.

Forehead, ——.

Eyes, ——.

Nose, ——.

Mouth, ——.

Chin, ——.

Hair, ——.

Complexion, ——.

Face, ——.

Oath of allegiance.

I, ——— ———, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution, or law of any State convention or legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever; and further, that I will well and faithfully perform all the duties which may be required of me by law: So help me God.

——— ———.

Legation of the United States, Berlin.

Sworn to before me this ——— day of ———, A. D. 18—.

——— ———,
Secretary of Legation.
[Page 138]
[Inclosure 4 in No. 321.]

Circular to consuls, January 9, 1875.

——— ———, Esq.,
Consul of the United States at ———:

Sir: I inclose herewith blank forms of application for passports. These forms are to be filled out in duplicate, each of which is to be an original, and only one fee of 50 cents for each oath, or $1 in all, charged to the applicant. You will continue to collect 21 R. marks as the Government tax, which you will transmit to the legation with the duplicate application.

Section 42 of the consular regulations does not apply to correspordence relative to the issue of passports by the legation.

You will therefore correspond directly with the legation on these subjects.

In all cases of naturalized citizens the original or a certified copy of the decree of the court by which he was declared to be a citizen of the United States must be transmitted with the application.

If the applicant is in possession of a passport, either from the Department of State or otherwise, it must also be transmitted, and you are requested to make particular inquiries on this point.

I am, sir, your obedient servant,

J. C. BANCROFT DAVIS.
[Inclosure 5 in No. 321.]

Circular to consuls, June 14, 1875.

To the Consular Officers of the United States in Germany:

All consular officers of the United States, on receiving an application for protection or for a passport, from a person claiming to be a citizen of the United States, should proceed at once to take proof of the citizenship of the applicant. The statutes of the United States make it the duty of all officers to afford to naturalized citizens the same protection of persons or property which is accorded to native-born citizens.

If the applicant be a native-born citizen, and be not personally known to the consular officer, satisfactory proof must be furnished of the place of his nativity, and also of his age; and he must satisfactorily identfy himself.

If he be a naturalized citizen, the consular officer should ascertain, by similar proof, the date and place of his birth, the court where he was naturalized, and the date of the naturalization.

The best proof of the naturalization is, in all cases, the certified copy of the record of court, commonly called a certificate of naturalization. In the absence of that paper a passport from the Department of State, or from a legation of the United States, may be accepted, but the applicant should in all cases be required to state under oath the time and place of naturalization, and to account for the want of a citizen-paper. Should the applicant have neither a certificate of naturalization nor a passport, his application for a passport must be refused. The instructions from the Department of State are positive on this point, and admit of no exception. (But an application for protection will be differently dealt with, as hereinafter stated.)

Should the application be made by the widow of a naturalized citizen, it will be necessary to prove in the same way the naturalization of the husband, and that the applicant was his wife and remains his widow.

Should the application be made by a person whose father was a naturalized citizen, and who was a minor at the time of his naturalization, it will be necessary to prove in the same way the naturalization of the father, and that the applicant is his son, and resided in the United States.

Should the application be made on behalf of minor children of an American citizen, the consular officer must inquire how many children there are, the name of each, and where each was born; and should it appear that any one was born during the temporary domicile of the father in Germany, the officer must inform the applicant of the instructions in paragraph 115 of the new Consular Regulations. This rule applies equally to the children of native and of naturalized citizens.

The naturalization treaties with the German states contemplate that the return and domiciliation of a naturalized citizen in his native land, without intent to return to America, are to be taken to work a renunciation of the naturalization. They also provide that a continued residence of two years may be regarded as evidence of an intent not to return.

[Page 139]

There are many reasons why a naturalized citizen may in good faith remain in his native country as a resident more than two years, and yet intend in good faith to return to America. Consular officers must be careful, therefore, not to assume from this fact that a naturalized German has lost his acquired nationality.

On the other hand it is unfortunately true that there are persons residing in Germany who have been naturalized in America for the sole purpose of returning here and taking up a permanent abode, in the hope of escaping duties to the state of their nativity by public professions of a purpose to return to the state of their adoption.

Such persons forget that citizenship is a privilege which calls for the performance of duties. By their fraudulent conduct they affect injuriously the situation in Germany of bona-fide naturalized American citizens who return here to visit their friends and relatives, and thus innocent persons become exposed to unjust suspicion and sometimes to annoying treatment.

Consular officers must, therefore, carefully inquire into the facts and circumstances in each particular case, as, for instance, whether the applicant is married or single; if he be married, whether his family or any part of it is domiciled in Germany; whether he has a domicile in America; if he has none, then where his domicile was when he last resided there; how long he resided in America, and where; what his business was there; whether he has still any business there, and generally as to all matters tending to show good faith on the part of the applicant. The honest emigrant will not fear such an inquiry, for it is made in his interest. If the officer have cause to doubt the truth of any statement, he may require it to be sworn to before some local German officer qualified to administer oaths.

Unless the result of such inquiries show that the applicant has returned to Germany with a purpose of living here, and without an intent to return to America, the applicant must be regarded as an American citizen, and the case must be referred to the legation. Indeed, all cases should be referred to the legation for final settlement, but in so referring them consular officers should set forth all facts bearing upon the right of an applicant to ask for protection or for a passport.

In all cases of applications for passports, the consular officer must ascertain whether the applicant has already one or more passports, and must take up all outstanding passports more than two years old, and return them to the legation with the application for a new passport.

But if the applicant is in possession of a passport which is not two years old, the consular officer must tell him that his passport is still valid, and that he will not require a new one until the expiration of two years from the date of the old one.

Should the application be for protection against an attempt to compel the applicant to do military service in Germany, or against an act of local officers, the consular officer in addition to personal efforts in support of the application should (unless he be satisfied that his personal intervention will accomplish all that may be desired) also report the case to the legation, accompanied by proper proof of the citizenship of the applicant, and by a statement of any other facts important to be known.

If the applicant has a citizen-paper or a passport, they should be forwarded with the report. If he has neither, the best proof of citizenship possible under the circumstances must be forwarded for the consideration of the legation. And in all such cases the consular officer in addition to the proof of citizenship should forward evidence that the applicant has resided five years in the United States, as required by the treaties.

If there be any facts tending to throw doubt upon the good faith of the applicant, they should be set forth fully; and all these reports should be made by the earliest possible mail to the legation direct.

The responsibility of deciding upon the propriety or justice of these various applications is placed by law in the legation. But consular officers must be held in the responsibility of making the investigations on which the applications are founded, of carefully inquiring into all the circumstances, and of bringing to the notice of the legation all facts bearing favorably or unfavorably upon the requests of the applicants

J. C. BANCROFT DAVIS.
[Page 140]
[Inclosure 6 in No. 321.]

Table showing periods of residence of naturalized citizens in the United States before and after naturalization, time since leaving, age at emigration, and total period in the United States and in Germany.

[Page 141]
Number of passport. In the United States— Since leaving the United States Age at emigration to United States. Total—
Before naturalization. After naturalization. In United States. In Europe.
Years. Months. Years. Months. Years. Months. Years. Months. Years. Months. Years Months.
54 (*) (*) (*) (*) (*) (*) (*) (*) (*) (*) (*) (*)
55 (*) (*) (*) (*) 5 (*) (*) (*) (*) (*) (*)
56 In U. S. 17 years 10 mos. 5 16 2 17 10 (*) (*)
58 15 7 6 4 9 8 22 6 12 9
59 5 20 4 9 21 2 25 25 11
61 6 5 12 6 9 6 36 1 18 11 45 7
62 6 9 17 3 1 7 14 4 24 15 11
63 6 6 1 5 7 10 11 5 7 11 19 3
68 5 4-30 11 2 11 15 11 5 114-30 18 10
70 19 1 ¼ 3 17 1 19 20 1
76 7 2 1 5 9 17 10 8 7 18 7
78 5 4-30 1 1 5 8 16 11 6 1 4-30 22 7
82 5 4-30 ½ 6 17 1 5 6 4-30 27 7
83 5 9 2 10 19 2 5 11 20
87 5 5 10 6 9 11 23 15 11 32 11
89 5 10 12 4 3 10 16 4 18 2 20 2
96 24 2 3 3 2 11 1 24 5 14 3
99 7 4 7 2 12 6 22 6 14 6 35
100 5 5 2 1 18 7 10 20 8
101 6 4 15 6 29 10 6 45 4
102() 16 9 20 33 36 9
104 9 8 7 8 19 17 7 17
109 11 10 2 11 4 1 14 1 14 9 18 2
110 19 6 3 1 11 2 5 19 9 21 8
111 5 14-30 13 10 2 17 18 10½ 19
112 6 9 3 3 19 9 21 9 10 41 6
114 4 5 1 8 2 11 17 2 6 1 20 1
115 10 12 3 3 15 22 18 3
116 5 10 12 10 2 17 2 18 8 17 4
118 5 4 1 5 2 15 9 6 9 17 9
119 9 7 12 3 7 11 26 21 10 33 11
120 5 1 4 1 5 15 11 6 4 17 4
124 7 6 11 2 18 4 8 6 18 6
128() 3 33 5 25 33 8
130 5 11 5 2 19 3 6 4 21 3
134 6 1 1 6 14 9 29 7 7 43 9
135 6 10 3 2 20 6 7 1 22 6
137 5 2 3 1 11 19 5 5 5 21 4
138 (*) (*) (*) (*) 3 10 24 8 7 27 6
144 17 4 ¾ 1 11 7 3 17 9 2
146 10 5 11 3 19 8 11 4 20 1
147 4 10 1 11 2 11 17 7 5 9 20 6
148 5 7 2 6 1 10 16 3 8 1 18 1
149 7 8 11 3 18 3 8 7 18 6
151 4 11 ¾ 4 5 18 6 5 8 22 11
154 5 3 20 10 23 2 5 3 44
155 5 ¾ 1 3 9 19 8 5 23 5
161 6 3 2 10 1 10 14 9 9 1 16 7
165 5 3 3 7 1 6 17 11 8 10 19 5
167 5 11 1 4 16 2 6 20 2
168§ 7 6 9 10 6 8 11 3
172 6 1 1 2 3 23 5 7 1 25 8
174 12 9 5 4 13 1 13 2 13 5
176 18 7 22 10 4 2 7 41 5 2 11
180() 10 28 20 48 10
182 5 2 2 2 10 17 2 5 4 20
183 6 2 20 8 11 3 19 26 10 30 3
184 6 4 8 3 3 16 9 7 20
185 5 3 1 3 4 1 19 7 6 6 23 8
186 10 11 3 7 8 8 19 4 14 6 28
187 6 10 1 11 1 9 17 10 8 9 19 7
188 5 14 5 4 21 7 19 26 11
190 15 8 4 19 5 23 19 9
191 (*) (*) (*) (*) 8 6 24 11 21 6 33 5
193 4 6 14 6 17 9 32 3 19 50
194 14 5 4 9 2 1 44 19 2 46 1
195 5 8 1 10 ½ 16 7 7 6 17 1
199 14 8 2 3 25 22 2 25 3
200 4 10 9 2 23 14 9 25
201 6 3 4 6 2 5 18 9 10 9 21 2
202 5 6 2 1 3 4 14 1 7 7 17 5
203 6 4 1 8 1 26 8 10 1 34 9
206 20 11 6 1 6 26 3 27 26 9
207 5 7 4 11 7 18 12 4 29 7
209() 4 23 3 17 4 23 7
210 5 2 21 6 7 2 22 5 26 8 29 7
213 5 1 5 8 6 25 8 10 1 34 2
214 7 5 10 2 1 19 4 8 3 21 5
218 6 4 6 20 8 10 21 2
220 5 11 1 10 1 11 17 2 7 9 19 1
221 5 22-30 3 5 1 22 3 8 5 22-30 21 3
222 10 3 ½ 1 11 18 11 10 20 10
224 5 1 ¾ 3 3 19 7 5 22 10
232 5 11 1 10 3 15 5 7 9 15 8
235 7 4 11 1 3 11 27 10 18 5 31 9
237 26 10 2 10 26 6 27 26 6
241 9 9 4-30 2 21 5 9 9 4-30 21 7
243 10 10 7 2 1 2 19 5 18 20 7
247 8 3 8 15 6 19 9 11 8 35 3
252 7 10 1 1 2 7 16 8 11 18 7
253() 5 6 18 16 23 6
258 7 8 15 11 4 6 18 6 23 7 23
259 5 5 2 2 1 11 17 2 7 7 19 1
262 9 7 11 6 8 19 3 16 11 25 11
264 5 2 19 6 2 7 18 9 24 8 21 4
265 6 6 11 9 2 5 15 6 18 3 17 11
268 7 5 13 2 1 11 20 3 20 7 23 2
269 6 10 3 3 9 13 9 7 1 17 6
270 7 2 ¾ 1 11 20 1 7 22
[Inclosure 7 in No. 321.]

Table showing the ages of applicants to whom passports were issued.

Ages. Native. Naturalized.
Under 18 19
Over 18 and under 21 28 *1
Over 21 and under 25 40 9
Over 25 and under 30 14 29
Over 30 and under 35 8 11
Over 35 and under 40 4 9
Over 40 and under 50 5 23
Over 50 and under 60 2 14
Over 60 4 3
Total 124 99
[Page 142]
[Inclosure 8 in No. 321.]

Table showing the offices through which the applications for passports were made.

Office. Native. Naturalized.
Berlin 34 17
Leipsic *34
Dresden 17 8
Stuttgart 13 16
Nuremberg 23
Frankfort 5 12
Mannheim 5 6
Hamburg 4
Breslau 3 2
Brunswick 2
Bremen 1 2
Barmen 2
Munich 1 2
Mayence 7
Sonneberg 1
Lubec 1
Cologne 1 1
Dusseldorf 1
Aix-la-Chapelle 1
Crefeld 1
Total 124 99
[Inclosure 9 to number 312]

Table showing the ages of minors included in passports issued in 1875, their sex, and whether their parents are native or naturalized citizens of the United States.

Ages. Native. Naturalized.
Boys born— Girls born— Boys born— Girls born—
United States. Abroad. United States. Abroad. United States. Abroad. United States. Abroad
Under 5 1 1 2 8 4 6
Over 5 and under 10 7 3 7 5
Over 10 and under 15 1 10 5 3 3
Over 15 and under 16 1 4 6 1 2 1
Over 16 and under 17 2 3
Over 17 and under 18 1 1 1
Over 18 and under 19 3 2
Over 19 and under 20 1 4
Over 20 and under 21 1 1 1
Total 3 9 36 17 22 15
Total born in United States 70
Total born abroad 32
102
Total number of boys 56
Total number of girls 46
102
Children whose fathers are native-born citizens 12
Children whose fathers are naturalized citizens 90
102
[Page 143]
[Inclosure 10 in No. 321.]

Table showing the total number of persons included in passports issued during 1875.

Applicants 223
Wives of applicants 36
Minors included in passports of their parents or guardians 102
361
  1. Not given.
  2. Not given.
  3. Not given.
  4. Not given.
  5. Not given.
  6. Not given.
  7. Not given.
  8. Not given.
  9. Not given.
  10. Not given.
  11. Not given.
  12. Not given.
  13. Not given.
  14. Not given.
  15. Not given.
  16. Not given.
  17. Not given.
  18. Not given.
  19. Not given.
  20. Not given.
  21. Not given.
  22. Not given.
  23. Not given.
  24. Not given.
  25. Married to naturalized citizens.
  26. Married to naturalized citizens.
  27. Passport returned August 12, 1875.
  28. Not given.
  29. Not given.
  30. Not given.
  31. Not given.
  32. Minor, whose father was naturalized after he (the son) had returned to Germany.
  33. Married to naturalized citizens.
  34. Not given.
  35. Not given.
  36. Not given.
  37. Not given.
  38. Married to naturalized citizens.
  39. Married to naturalized citizens.
  40. Son of a naturalized citizen of the United States born in Germany.
  41. Including one born in England of American parents.
  42. Including one born in Germany of American parents.