Mr. Hardy to Mr. Hay.
Berne, June 13, 1902.
Sir: I have the honor to report the following case of an application for a passport for the supervision of the Department:
Meta Schwarz, born in Germany in 1880, went to the United States in 1892 and left on April 29, 1897, about two months before the naturalization of her father, who emigrated to the United States in 1890 and was naturalized June 21, 1897. Since leaving the United States in 1897 the daughter Meta has resided abroad and has attained her majority. She now applies for a passport and declares her intention to return within two years in the usual form.
Section 2172, Revised Statutes, reads as follows:
The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject by the Government of the United States, may have become citizens of any one of the States, under the laws thereof, being under the age of 21 years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof.
Wharton, page 406, Volume II, says—
Section 2172 of the Revised Statutes is regarded “as applicable to such children as were actually residing in the United States at the time of their father’s naturalization, and to minor children who come to the United States during their minority and while the parents were residing here in the character of citizens—”
which would imply that the clause of the statute “dwelling in the United States” means at the time of the naturalization of the parents.
I have issued a passport on the ground that the applicant, living with her father in the United States from 1892 to 1897, left for a temporary absence in Europe for purposes of study, and that she has now the right, on declaring her intention to return, to claim the citizenship derived from her father’s naturalization, notwithstanding the fact that she happened to leave the United States a few weeks before the act of her father’s naturalization was completed.
Her name appears as a minor child on her father’s passport No. 459, issued April 9, 1900, by Mr. Leishman, the fact that she left the United States before the naturalization of her father not appearing on his application.
As the rights of minor children under section 2172, Revised Statutes, appear to be obscure, I have thought it proper to refer the case to the Department for its supervision.
I have, etc.,