In cases recently presented at Paris and elsewhere, in which persons of good repute and widely known have alleged that they had left their certificates of naturalization at home, and were, consequently, unable to produce them to the legation, the Department has held that the certificate of the minister as to his personal knowledge of the status of the applicant would suffice to permit the issuance of a passport." Mr. Blaine, Sec. of State, to Mr. Grant, June 6, 1889, MS. Inst. to Austria "Only under exceptional circumstances should a passport be issued to a naturalized citizen without a previous inspection of his naturalization certificate. Occasionally, when the good faith of the applicant is palpable and the refusal to issue the passport might work hardship, the fact that he has lost or left behind him his certificate may not operate to cause the minister to refuse him his passport, but the circumstances of the case should be always set forth and the applicant's sworn statement of them should be required." Mr. Adee, Act. Sec. of State, to Mr. Storer, min. to Belgium, July 23, 1897, "You state that your predecessor issued a passport on January 11, 1875, to Mr. Hennessy, wife, and son, and that he now applies to you for a new passport, but that he is unable to present his certificate of naturalization, being of alien birth, alleging that it has been destroyed by fire. You ask for instructions as to your duty in this case and in similar applications which may come before you. In reply you are informed that the requirement that a person of alien birth should produce his certificate of naturalization when making application for a passport is of long standing and should be carefully enforced; but sometimes, through the loss or destruction of the document, it is necessary to make an exception to the rule when the issuing official is satisfied of the good faith of the application and when its rejection might result in serious inconvenience or hardship. The nature of the secondary evidence which may be required is governed by the circumstances surrounding each case, but the general rule laid down in Mr. Bayard's instruction to Mr. Vignaud, June 13, 1888 (Foreign Relations, 1888, p. 542), appears to be applicable to the case under consideration: (a) The prior existence of the certificate must be shown. "(b) If burned or otherwise destroyed, such destruction of the certificate must be proved. . . "A party who can not produce his naturalization certificate can not supply it by parole proof unless he also proves that the original record of the naturalization is unattainable and can not be reproduced by a certified copy.' "In issuing Mr. Hennessy a passport under the conditions set forth above it would be well to advise him that for his future protection and convenience he should make an effort to have the record of his naturalization restored. As it was, according to his statement, recorded in a Chicago court, it is thought he may be able to accomplish its restoration under the burnt record act' passed by the Illinois legislature some years since for the relief of persons in Mr. Hennessy's situation." Mr. Sherman, Sec. of State, to Mr. Storer, min. to Belgium, Sept. 1, 1897, A passport was issued by the United States embassy in London to a person who stated in his application that he was born in England and emigrated to the United States, and that he was naturalized before a court at Boston on or about the year 1874." He produced no certificate of naturalization, nor apparently any other proof of citizenship, but the embassy seemed to have issued the passport on the strength of the fact that he bore a circular letter of introduction from the Department of State. The Department ruled that such a letter was not evidence of citizenship. Mr. Day, Acting Sec. of State, to Mr. White, chargé d'affaires ad interim, Application was made to the United States legation in Paris for a passport in the name of Stephen Emil Heidenheimer, who claimed to be a naturalized citizen of the United States. It subsequently transpired that he was naturalized in 1871, six months before he had completed the requisite term of five years' residence. It was therefore held that he was not a citizen, and that under sec. 4076, R. S., he was not entitled to a passport. Mr. Bayard, Sec. of State, to Mr. McLane, min. to France, Dec. 8, 1888, "Does a certificate of naturalization, if properly attested, justify, ipso facto, the issue of a passport, provided identity of applicant be established?" "A properly authenticated certificate of naturalization, issued by a court having jurisdiction, is conclusive evidence that the person named therein has been admitted to citizenship, and can only be set aside by direct proceedings to that end. Still, if it is made to appear that the naturalization of the applicant was fraudulently obtained, the Secretary of State, in the exercise of his discretion with respect to the granting of passports even to citizens, which is given him by section 4075, R. S., will refuse the applicant a passport, without reference to his rights otherwise as a citizen, until his naturalization be regularly annulled by the courts. Every applicant, however, whether native born or naturalized, in addition to his citizenship, is to be required to comply with the other regulations governing the issuance of passports." Mr. Blaine, Sec. of State, to Mr. Ryan, min. to Mexico, April 9, 1892, MS. Where an applicant for a passport stated that he was 22 years old when he arrived in the United States, and that he was 25 when naturalized, it was held that his witnesses "must in some way have misled the court" as to his age and the duration of his residence, and that unless the matter could be cleared up he could not receive a passport. Mr. Foster, Sec. of State, to Mr. Newberry, No. 355, July 18, 1892, MS. Inst. Turkey, V. 367. 4. CITIZENSHIP THROUGH PARENT'S NATURALIZATION. § 506. The applicant, when claiming citizenship through a parent's naturalization, "must state that he or she is the son or daughter, as the case may be, of the person described in the certificate of naturalization, which must be submitted for inspection, and must set forth the facts of emigration, naturalization, and residence, as required in the rule. governing the application of a naturalized citizen." Rules Governing the Granting and Issuance of Passports in the United Where a person born abroad of an alien father claims citizenship through the subsequent naturalization of his father, it may be necessary for him to produce "evidence that he himself resided in the United States at some time during minority," since "naturalization of the parent here does not confer citizenship on his minor children born abroad before that event and continuing to reside and attain their majority abroad." Mr. Foster, Sec. of State, to Mr. Lincoln, min. at London, Aug. 10, 1892, See, also, Mr. Bayard, Sec. of State, to Mr. Thompson, min. to Hayti, No. "It not infrequently happens that the son of a naturalized citizen of the United States secures naturalization in his own right because of the difficulty of proving his father's naturalization." Mr. Sherman, Sec. of State, to Mr. Storer, min. to Belgium, Sept. 18, 1897. Persons claiming citizenship through the naturalization of their parents are required, when applying to the Department of State for passports, to produce the parent's certificate of naturalization. Paragraph 154 of the Instructions to Diplomatic Officers of the United States authorizes diplomatic agents abroad to accept as evidence of citizenship a passport issued by the Department of State, if presented before its expiration. It is not in any case “intended that secondary proof may not on rare occasions be accepted in lieu of the naturalization certificate. The question is fully discussed in the Department's publication, The American Passport, page 155 et seq. In Mr. Bayard's instruction to Mr. Vignaud, June 13, 1888, quoted on page 161, the general nature of the secondary proof acceptable is set forth. In a few words, it must establish that the father was actually naturalized before the son reached his majority. It may be added that the existing requirement of production of the naturalization certificate has prevailed since 1873; and experience has shown it to be necessary in order to prevent the Department or its agents from granting passports to those who are not legally citizens of the United States." Mr. Hay, Sec. of State, to Mr. Choate, amb. to England, Feb. 5, 1901, 5. EVIDENCE OF PREVIOUS PASSPORT. "It is not thought § 507. that, under ordinary circumstances, if the bona fides of the original passport be in no ways impeached, it is necessary that the papers of naturalization, or a new affidavit of allegiance, should be produced in order to obtain a new passport. The case may be likened to a proceeding for the revival of a judgment, on which the original cause of action need not be proved." Mr. Bayard, Sec. of State, to Mr. Lee, chargé, No. 11, Oct. 2, 1885, MS. The foregoing statement referred to an application made to the American In 1888 a person claiming to be a naturalized citizen of the United States applied to the American legation in Paris for a passport, presenting as evidence of citizenship a passport issued by the Department of State in 1879. The legation having declined to issue a passport, he addressed the Department of State, which replied: "By a regulation of this Department, in force for many years, passports are good only for two years, on or before the expiration of which period they are required to be renewed. This regulation has the double effect of enabling the Government to keep trace of those claiming its protection abroad and of requiring from them a small contribution to the expenses of the Government whose protection they enjoy. "It is for these reasons, and because of the regulation fixing two years as the period of vitality of a passport, that diplomatic officers have contemporaneously been forbidden to accept a passport more than two years old as sufficient evidence of citizenship to warrant the issuance of a new passport. This rule applies to native and naturalized citizens of the United States impartially, and where a citizen of the United States presents himself to a legation for the renewal of a passport more than two years old he is required, whether a native or naturalized citizen, to present the same sort of evidence of citizenship as that upon which his passport was originally obtained." 666 Mr. Adee, Second Asst. Sec. of State, to Mr. Twyeffort, July 13, 1888, Does a passport less than two years' old entitle its holder to a new passport, even if he be unable to make definite and satisfactory declaration under any or all of the heads in the prescribed form of passport applications?" "A person presenting an application for a passport should fully comply with all of the rules and regulations in force at the time with respect thereto, independently of any previous passport which may have been issued to him. Such a previous passport, although less than two years old, is simply of value as prima facie evidence of the applicant's citizenship. If it appears to have been issued upon an identical state of facts, it might also to a certain extent afford a precedent, though not necessarily controlling. Since a passport is good for two years, an applicant for a new one within that period should satisfactorily explain why the new passport is sought." Mr. Blaine, Sec. of State, to Mr. Ryan, min. to Mexico, April 9, 1892, Where a person applied to the legation of the United States at St. Petersburg as a naturalized citizen and explained his failure to produce his certificate of naturalization by stating that it had been stolen, it seems to have been intimated by the Department of State that the issuance to him by the legation of a passport ten years previously might be treated as evidence that satisfactory proof of the fact of naturalization was then made, it being alleged that the loss of the certificate occurred prior to that time. It does not appear, however, that the second application was ultimately granted. For. Rel. 1893, 537. A passport was issued by the United States legation at St. Petersburg to one Hugo Sundel in 1882. It was granted on the sole evidence of a passport issued to him by the Department of State, |