It would be desirable that the proof of parentage be a legal certificate of birth, if such can be obtained; but you are not limited to this. My conclusion will be submitted to the Department, and my final action may be modified by the ruling of the Secretary. You are desired, however, to forward the application to this legation without delay, unless Mr. Behrman prefers to wait until I make known to you the final decisions and to make known to him the substance of this letter. I am, etc., CLIFTON R. BRECKINRIDGE. P. S.-I find that there is a special form of application for persons claiming citizenship through naturalization of husband or parent, and send you by this mail some copies of the same. No. 277.] Mr. Rockhill to Mr. Breckinridge. DEPARTMENT OF STATE, Washington, July 21, 1896. SIR: Your No. 339 of the 3d instant, in relation to the application of Mr. Simon Behrman for a passport, has been received. From the statements inclosed with your dispatch it appears that Sigismund Behrman, father of the present applicant, a Russian subject, came to the United States from Kovno in 1860, "remained long enough to become a citizen," returning at intervals to Russia to visit his family, none of whom he ever took to the United States, finally quitted the United States in 1875 bearing a United States passport and, after establishing apparently permanent domicile at Saratov, died there in 1887. The present applicant, Simon Behrman, was one of three minor children left by Sigismund Behrman and was born in Kovno July 2, 1870. He has never been within the jurisdiction of the United States. The statements lead to the inference that Sigismund Behrman, the father, had evidence of naturalization in the United States and that his papers, with the exception of his passport, were destroyed by fire, leaving the son unable to produce evidence of his father's citizenship. The consul, Mr. Chambers, does not appear to have given you the facts as to the father's "old and ragged passport." Had he mentioned its date and place of issuance examination of the question would be simplified. As it is, the records of this Department have been carefully examined for some years anterior to 1875, and the only record of a passport issued here to a person of the name given is of passport No. 46,245, issued June 17, 1875, to Sigesmund Behrman (or Bearman) upon an application made before David Klein, notary public, of New York City. In that application Sigesmund Behrman, as the signature reads, swears that he "was born in the city of Cherston (Charleston?), State of South Carolina, on or about the 15th day of May, 1823." This is wholly incompatible with the facts stated in your dispatch, and gives rise to the reasonable conjecture that the passport was obtained in fraud of this Department on the eve of Mr. Behrman's final return to his native country. It becomes important, therefore, to ascertain whether the old passport now in the possession of Mr. Simon Behrman agrees in number and date with this Department's record. I inclose a copy of Mr. Sigesmund Behrman's application for your information. The essential point in the case of a person born abroad and never coming to the United States, but claiming American citizenship through his naturalized father, is to ascertain whether he was born prior or subse quent to the naturalization of the father. If born prior to the father's acquisition of American citizenship he is born an alien, and the act of the United States court in admitting the father to naturalization, being. effective only within the jurisdiction of the United States, could not operate to naturalize a foreign-born subject residing in a foreign jurisdiction. If, however, born subsequently to the naturalization of the father his status under United States law is indistinguishable from that of a foreign-born son of a native citizen of the United States. It seems clear, therefore, that the conditions of the present, case will not be satisfied by the test you impose in your instruction to Consul Chambers, namely, that Mr. Simon Behrman give additional satisfactory proof of his being the son of Sigismund Behrman and also satisfactorily establish his willingness and purpose to come to the United States at the end of two years, here to reside and discharge the duties of citizenship. The fact and date of the father's naturalization are essential to a determination of the vital point, viz, whether Simon Behrman is or is not lawfully a citizen of the United States, by birth, under section 1993 of the Revised Statutes. If not, inasmuch as he has never dwelt within the jurisdiction of the United States during his minority, he could not acquire American citizenship through his father under section 2172 of the Revised Statutes. Your further report upon the subject will be awaited. SIR: I inclose a copy of a letter from J. Morschauser, esq., dated Poughkeepsie, N. Y., the 24th ultimo, accompanied by an original passport, issued to Mr. Christopher Sievert, July 15, 1896, No. 15359, on which the Russian consul at Königsberg, Germany, after informing Mr. Stewert that he was not entitled to enter Russia under his passport, indorsed thereon a statement to the effect that the vise of the passport was refused, for the reason that the bearer had become a naturalized citizen of the United States without the permission of the Russian Government. I add also a copy of my reply to Mr. Morschauser, of the 3d instant, setting forth the Department's understanding with reference to the vise of passports by Russian consular officers, and the inhibition of persons of Hebrew faith, except certain exempted classes, from entering the Empire. It is in regard to the action of the Russian consul at Königsberg that I desire to especially invite your attention. The inclosed passport will give you the indorsement in original; but for the purpose of the record I repeat it in this instruction by a translation. It is as follows: No. 666. V vizirovanii nastoiaschtschago pasporta ot Kazano v vidu togo, tschto prediavitel onago pereschel v proddaustvo Severo-Amerikanskich Schtatoff bes pozvolenia Pravitelstva. Gor. Konigsberg, 25 Jiulia /6 Avgusta 1896 goda. KONSUL. [Translation.] No. 666. The visé of this passport is refused, in view of the fact that the bearer of it has been naturalized in the (United) States of North America without the permission of the Government. City of Konigsberg, July 25/ August 6, 1896. CONSUL You will lay before the minister for foreign affairs the inclosed passport with a request that it ultimately be returned to you, and invite his attention to the original indorsement thereon by the consul of his Government at Königsberg. You may add that this indorsement has, in the Department's judgment, so damaged the passport for the purposes for which it was issued, that a new one has been granted to Mr. Sievert free of cost. Although the Department has no wish to remonstrate further than it has already done against the refusal of the Russian authorities to vise passports issued to naturalized citizens of Russian origin, its position is consistent and tenable that a passport issued by the Government of the United States to one of its citizens and intended for his protection in any and all foreign countries which he may choose to visit is not to be in effect destroyed or impaired in value by a Russian consular officer. His authority under the laws of his Government to decline to vise Mr. Sievert's passport could not pos sibly carry with it permission to deface, diminish, or injure its effectiveness anywhere. Under these circumstances it is confidently expected that the Russian Government will cause such directions to be given as will prevent in the future the marking by any of its officials upon an American passport of any indorsement or statement except a vise. I am, etc., W. W. ROCKHILL, Acting Secretary. No. 443.] Mr. Peirce to Mr. Olney. LEGATION OF THE UNITED STATES, St. Petersburg, November 25, 1896. (Received Dec. 11.) SIR: Upon the occasion of my first visit to the foreign office, during the present term of my service as chargé d'affaires, I called attention to the fact that no reply had been received to the legation's note on the subject of the indorsement upon passports issued by our Government to its citizens of damaging statements, and I intimated that the nature of the complaint required a response without further delay. This I was assured would be promptly forthcoming, and I now have the honor to inclose copy of Mr. Chichkine's note upon the subject, dated November 12/24, together with Mr. Sievert's passport. I have, etc., HERBERT H. D. PEIRCE, [Inclosure in No. 443.-Translation.] Mr. Chichkine to Mr. Breckinridge. Mr. MINISTER: In response to the note of September 13/25 last, concerning the case of Sievert, I have the honor to inform you that the Imperial ministry has taken the necessary steps to prevent the recurrence of such cases in future. In returning herewith the inclosure sent with the above-stated note, please receive, Mr. Minister, the assurance of my most distinguished consideration. CHICHKINE. REFUSAL TO FURNISH TO A RUSSIAN COURT A STATEMENT OF THE EVIDENCE UPON WHICH A UNITED STATES PASSPORT WAS ISSUED. No. 376.] Mr. Breckinridge to Mr. Olney. LEGATION OF THE UNITED STATES, St. Petersburg, August 28, 1896. (Received Sept. 17.) SIR: In the case of Hugo Sundel, a former, though seemingly not at present, naturalized American citizen, now undergoing judicial proceedings at Moscow, I have the honor to inclose the following papers: Translations of two requests for information from the procurator at Moscow district court, sixth division, dated, respectively, July 6 and August 15; copy of my letter of July 20 to our consul at Moscow; copy copy of his letter of July 24 to me, and copy of my reply to the pro curator. It seems that Hugo Sundel, formerly known as Hugo Sundolovitch, is, according to his testimony as reported by the consul, a native of Russian Poland; that he emigrated to the United States without Imperial consent between 1869 and 1872, after which, in due time, he acquired a certificate as a naturalized citizen at Warren, Pa.; that he has been located in Moscow for the last nineteen or twenty years, had his passport renewed by this legation in 1882; that further renewal was refused because he was unable to produce his certificate of naturalization, it, he states, having been stolen, and that he now proposes to become a Russian subject. A search of the records of the legation shows that passport No. 304 was issued to him here August 25, 1882, on evidence of passport of the State Department of September, 1876. No other data is revealed. The procurator does not state the charge against Sundel, but the nature of the inquiry concerning the evidence upon which a United States passport was issued to the accused indicates that it relates to the question of expatriation. Sundel has made no application to the legation. The consul states that he is charged with procuring a Russian passport upon an expired United States passport, and with having emigrated without consent. The penalty of the first charge I do not know. That of the second is deprivation of all civil rights. In case of citizenship being acquired without consent, and the subsequent return of a subject, there is involved also, as is well known, banishment to Siberia for life. The course I should pursue in this case was not readily clear to me. The right of the court to ask me for evidence upon which a United States passport is issued is not as obvious to me as my right to intervene in defense of a passport and its holder upon appeal or otherwise, especially where the request is not accompanied by a statement that the genuineness alone of the passport is called into question, and when the evidence sought may, as in this case, enlarge the accusation against the accused. Above all, I have considered that the chief alleged offense involved in this case is not an offense in the eyes of our law, that it relates to such an act done under our jurisdiction, especially as regards naturalization, while that of emigrating to our shores seems to me to be hardly distinguishable from the same character, in this connection at least, as that of naturalization. In view of the foregoing considerations, I have simply informed the court that the legation is not in position to give it the desired information. I have endeavored to give my view, as well as the facts of this case, only the more fully to elicit any observations or instructions with which I may be favored. Respectfully submitting the case, I have, etc., CLIFTON R. BRECKINRIDGE. [Inclosure 1 in No. 376.-Translation.] Ministry of justice, the procurator of the Moscow district court, sixth division. June 24 (July 6), 1896. No. 1289. Relating to case No. 43. To the Chancelry of the Legation of the United States of America : On the 13/25 of August, 1882, the legation issued a passport bearing No. 304 to the American citizen Hugo Sundel. You are requested to inform me: First. On what kind of document was based the passport issued to said Hugo Sundel? Second. In what year, from what place, and with what document did Sundel come to Russia? If such document is on file at the legation, you are requested to send it to me. Third. Has not the legation on its files any information concerning Hugo Sundel relative to the year and place where Hugo Sundel obtained his naturalization papers in the United States? If such information is possessed, you are requested to inform me of it. Please send any information you have, without delay. MALAMA, Court Procurator. [Inclosure 2 in No. 376.-Translation.] Ministry of justice, court procurator of the Moscow district court, sixth division, Moscow 3/15 August, 1896. No. 1614. Relating to case No. 43. To the Chancelry of the Legation of the United States of America: Please hasten your reply to my request of June 24 (July 6) under No. 1289, relative to the passport of Sundel, as this affair is stopped in consequence of the delay in your reply. MALAMA, Court Procurator. [Inclosure 3 in No. 376.] Mr. Breckinridge to Mr. Billhardt. LEGATION OF THE UNITED STATES, SIR: I am in receipt of a letter from the procurator of the district court, sixth district, Moscow, making inquiry as to the evidence on which a passport was issued to Hugo Sundel in 1882. As it is possible that Sundel is in some difficulty with the authorities |