No. 394.
Mr. Rives
to Mr. McLane.
Washington, June 30, 1888.
Sir: A telegram was received from you yesterday, expressing your desire to be authorized to exercise your discretion in accepting parol proof of the existence of a certificate of naturalization if the applicant should be unable to produce it in original or certified copy, and adding that applicants experience considerable difficulty in complying with the requirements of the Department’s previous instructions in the matter.
To the above Mr. Bayard immediately replied that he did not feel justified in enlarging your discretion beyond the limits laid down in his instruction No. 343 of the 13th instant.
That instruction contained a statement prepared with care of the rules of law applicable to the case of parol proofs of the contents of a missing record. It is obvious that where the fact of naturalization can be proved by the production of the record, that course should always be preferred, and parol proof should never be allowed but in exceptional cases.
The rules laid down in No. 343 are, it is believed, sufficiently liberal to cover every proper case of inability to produce the certificate of naturalization. Too much care can not be used to see that a passport, which is the official recognition of American citizenship abroad, is not issued to persons who are not entitled thereto.
I am, etc.,
Acting Secretary.