Mr. Leishman to Mr. Hay.
Berne, Switzerland, November 24, 1899.
Sir: I beg leave to lay before you the case of Mr. Fred. Knechtenhofer, who applied for a passport through the consul of Berne, which, [Page 763] after carefully considering, I decided to refuse, and if the reasons for refusal appear sound and logical and the decision meets with your approval, I would like to place same on record at this legation as a guide for the future, as the question at issue refers more particularly to Switzerland, as it involves the vexed question of dual citizenship.
The circumstances of the case are as follows: The said Fred. Knechtenhofer was born in Switzerland in the year 1873, emigrating to the United States in 1893, soon after he had passed the twentieth year, and shortly before reaching his majority, when he would be subject to military service. Promptly on arriving at 21 he made application to become naturalized, and on 19th September, 1899, was granted his certificate as an American citizen by the court of Buchanan County, at St. Joseph, Mo., and within one month after receiving his papers he left the United States, sailing on the steamer Westernland, on the 18th October, 1899, in order to return to his native land, where he is now living with his father.
Upon examining the application it appeared to me that this was one of the many cases where American citizenship was obtained merely as a convenience, to be used as a cloak to shield the individual from his obligations at home, without incurring any new, and at the same time conserve his right as a Swiss citizen, which can only be lost by the voluntary act of the individual in the manner prescribed by law. I thereupon instructed the consul to propound the following questions to the young man:
First. Whether he had resigned his Swiss citizenship in the manner prescribed by law; and, second, whether he was willing to make a special affidavit declaring his bona fide intention of returning to the United States in order to reside there and perform the duties of a citizen. His reply to the first question was, that he had not renounced his Swiss citizenship, and, upon being pressed further, admitted that it was not his intention to do so. Regarding the second question, he evidently had no intention of returning to the United States, having looked on the statement in application of his intention to return within two years as a matter of form, as he stated that it was his intention to remain with his father and help him work the farm. Now, the granting of a passport under above conditions, which the prima facie evidence which is ordinarily demanded would warrant, might, in the event of the Swiss Government calling on the party to perform military service, cause the Government of the United States considerable annoyance, and consequently I respectfully submit the following questions, i. e.:
On account of the peculiar conditions which exist in Switzerland, is the minister warranted in refusing a passport to a native-born Swiss who returns to the country of his birth after acquiring American citizenship, unless he can clearly show that he has formally renounced his Swiss citizenship in the manner prescribed by law, which every Swiss is thoroughly familiar with; and further, as a matter of fact, can a Swiss who, in order to become a citizen of the United States, must, when taking the oath of allegiance, first renounce allegiance to any foreign power, especially to the land of his birth—can he, without false swearing and thus obtaining his certificate of naturalization by fraud, be considered a bona fide citizen of the United States as long as he conserves his Swiss citizenship, which he well knows he can not lose except by his own act in formally renouncing same?
Awaiting your advice and instructions, I have, etc.,