Mr. Hengelmuller to Mr. Hay.
Washington, December 15, 1903.
Excellency: A specific case quite recently occurred which has brought up with special urgency the question of the manner in which an American citizen may renounce his citizenship.
The case, according to a communication of the Imperial and Royal Government, based on a report of the Royal Hungarian ministry of the interior, is that of Joseph Fuchs, a resident of Kaposztafalva, who lost his original Hungarian nationalty under the law, Article XLIII, I, of 1871, by acquiring American citizenship. The above-named man has again applied for his readmission into the Hungarian community, because he is seeking to obtain a liquor-selling license, which presupposes the possession of Hungarian citizenship.
Before taking action on Joseph Fuchs’s application the Royal Hungarian ministry of the interior caused the applicant, in accordance with article 4 of the above-mentioned law and with the prevalant practice, to be directed to declare his renunciation of his American citizenship at the consulate of the United States of North America at Budapest and to produce an official statement issued to that effect.
The consulate, however, according to the note included among the accompanying papers, refused to accept the renunciation as involving the issue of an official statement of the nature required in the case, but, on the other hand, declared that this was not to be taken as debarring Joseph Fuchs from renouncing his American citizenship before a Hungarian official.
In view thereof the Royal Hungarian ministry of the interior now proposes to introduce the practice of permitting American citizens who desire to resume their former allegiance hereafter to be admitted into the Hungarian community upon a declaration of renunciation of their American citizenship made before a Hungarian official, provided that the other requirements of the law shall have been complied with by them.
Inasmuch, however, as this measure affects the treaty signed on September 20, 1870, with the United States and embodied in the above-mentioned law, and also presupposes the acceptance by the United States of America of such a renunciation, I am instructed by [Page 20] my Government to bring the foregoing to the knowledge of your excellency and courteously to ask that you will advise me whether the Government of the United States would raise any objection to the introduction of some such practice.
Accept, etc.,