7. CONNECTION WITH AMERICAN BUSINESS INTERESTS. § 520. Solomon M. Pollock emigrated to the United States in 1875, was naturalized in 1882, and left two days afterwards for Switzerland, where he had since resided as agent for the firm of Leon, Levy & Brothers, of New York and San Francisco. In 1887, when applying to the American legation at Berne for a passport, he said that he was unable to state when he would return to the United States; that his stay depended on the time when his firm might recall him, and that they might do so within the next six months, or might not do so for years. The legation was instructed: "If you are fully satisfied that Mr. Pollock is actually detained abroad by his employment as the agent of an American firm transacting business in the United States, and if he declares it to be his intention upon the termination of such employment and agency to return to the United States there to reside and take upon himself the duties of such citizenship, then you can issue to him a passport in accordance with the principles laid down in this Department's instructions to you, No. 102, of the 13th instant." Mr. Bayard, Sec. of State, to Mr. Winchester, min. to Switz., No. 104, Oct. 24, 1887, For. Rel. 1888, II. 1500. The fact that an applicant for a passport is "engaged in business in the country of his residence may have importance, in opposite directions indeed, in connection with all the other facts. An American, whether by birth or naturalization, residing abroad, in representation of an American business, and keeping up an interested association with this country, is in a different case from an alien who returns, immediately after naturalization, to his native place, there to engage in a local calling and, it may be, marrying there and exhibiting every evidence of an intention to make his home among his kindred. In the latter instance it would require strong proof to countervail the prima facie presumption that his naturalization was obtained solely to enable him to dwell thereafter in his native land without subjection to the duties and burdens of native citizenship." Mr. Blaine, Sec. of State, to Mr. Grant, min. to Austria-Hungary, March 25, 1890, For. Rel. 1890, 11, 12. "I have received your No. 48, of the 19th ultimo, stating that, in view of the uncertain condition of affairs in the Argentine Republic, numerous applications for passports will be, in all probability, made to the legation by citizens of the United States long domiciled in that country and who are engaged in trade or other occupations. You further state that these persons have never assumed Argentine allegiance, regard themselves as American citizens, and declare it to be their intention to return at some time to the United States. add that the blank forms of application for passports seem to exclude such cases. You "The Department is of opinion that legitimate association in business enterprises connected with commerce between the United States and the country of residence of the person claiming American citizenship, while entailing protracted and indefinite sojourn abroad, is not incompatible with an intent to return; but such intent must satisfactorily appear. The blank forms contemplate the statement of facts evidencing, of themselves, a retention of United States domicil, but where those facts do not exist, the intention to return some time must be satisfactorily established otherwise, and not be obviously negatived by the circumstances of residence abroad." Mr. Blaine, Sec. of State, to Mr. Pitkin, min. to Arg. Rep., No. 52, May 26, 1890, For. Rel. 1890, 3. See, also, Mr. Blaine, Sec. of State, to Mr. Lincoln, min. to England, No. 219, March 24, 1890, For. Rel. 1890, 328. "By active representation of American business interests abroad, and identification with affairs in this country, proof of retention of an American status may exist independently of intention to return hither at a fixed time." Mr. Blaine, Sec. of State, to Mr. Smith, min. to Russia, No. 63, Dec. 3, See, also, Mr. Blaine, Sec. of State, to Mr. Ryan, April 9, 1892, MS. Inst. With regard to Mr. Blaine's instructions to Mr. Pitkin, minister to the Argentine Republic, of May 26, 1890, supra, it is to be observed that there is an evident difference between residence abroad in representation of a distinctively American industry or business having its origin and headquarters in the United States, and the building up of an industry in Europe which merely seeks an incidental market in the United States. Mr. Blaine, Sec. of State, to Mr. Thayer, min. to the Netherlands, No. 134, Being engaged in foreign lands in trade with the United States is a reason for making an exception to the rule requiring an applicant for a passport to show his intention to return to and reside in the United States. Mr. Gresham, Sec. of State, to Mr. Runyon, November 1, 1894, 19 MS. "Referring to 176 Appendix to Wharton's Digest of International Law, it appears to be the policy of the Department to recognize the claims to protection of agents of American commercial establishments in foreign countries who, by peculiar qualifications, are useful in promoting our mercantile relations, in spite of long-continued absence from the United States. "It is extremely desirable for the extension of our commercial relations with Russia that the services of American citizens, speaking the Russian language and familiar with the country, should be available to promote the interests of our producers at home, as agents, or in such other capacity as circumstances may require. To require that the connection of such agents or employees should be limited to two years, or any other brief term, would seriously impair their usefulness. "Upon this principle it was the practice of my predecessor to grant passports to agents for American commercial and industrial enterprises in Russia. "While recognizing the desirability of continuing this practice, and desiring a distinct ruling of the Department authorizing its continuance, I desire also to call your attention to certain cases, some of which, while technically coming within this category, are in fact little more than evasions of the Department's rulings, while, if the volume of business done is to be a standard, others would at present lie outside of the category, although in the near future they might come well within it. "With the earnest desire that our promising and growing commercial interests with Russia may have the fullest measure possible of that assistance which bona fide endeavors of American citizens here can render, and this without applying to infant commercial enterprises a test of present volume of business, where that might be unjust, I still desire to eliminate abuse of the continued protection accorded to American citizens by persons who use the color of such occupation to evade the rulings of the Department regarding abandonment of citizenship." Mr. Hitchcock, amb. to Russia, to Mr. Day, Sec. of State, May 10, 1898, "You evidently have a correct understanding of the policy of the Depart- H., a citizen of the United States, had resided in St. Petersburg since 1875. He was in the employ of the firm of W. Ropes & Co., an American commercial house, and acted as the manager of its business in Russia. The embassy of the United States at St. Petersburg in 1898 granted him a new passport "upon the strength of his connection with Ropes & Co., and his statement of their real purpose to reanimate their commercial undertakings between the United States and Russia," their business with Russia, which was once large, having been allowed to become "little more than a name." Mr. Hitchcock, amb. to Russia, to Mr. Day, Sec. of State, May 10, 1898, Certain citizens of the United States, apparently permanent residents of Russia, claimed a renewal of their passports on the ground that they acted as the agents in Russia of certain German representatives of American manufacturers. The disposition of the applications was left to the discretion of the United States embassy at St. Petersburg, with the statement that the Department of State was "scarcely prepared to recognize" the right of the persons in question. Mr. Day, Sec. of State, to Mr. Hitchcock, amb. to Russia, June 3, 1898, It has been and should continue to be the policy of the Government to foster and promote the manufacturing and commercial interests of the United States, and to that end, in the case of bona fide agents and representatives of American interests, the rules usually applied to our citizens in respect to residences are relaxed. Of course, mere technical compliance with the requirements in these exceptional cases is not sufficient. If you feel satisfied that the party applying for protection is not actually and in good faith representing American interests, then it is your duty to refuse to grant a passport. The extent of business done, while sometimes an important factor, should not be considered the sole criterion in judging of the good faith of the party." Mr. Day, Sec. of State, to Mr. Hitchcock, amb. to Russia, June 3, 1898, R., a naturalized citizen of the United States, resided at Moscow fifteen years, practicing as a dentist. During that time he obtained various passports, in each case upon an application in which he declared his intent to return to the United States, there to perform the duties of citizenship. The United States embassy at St. Petersburg having at length refused to renew his passport, he requested protection for at least six months. The embassy agreed to grant it, only on condition that he declare on oath his intention to return to the United States within that time. He claimed to be an agent for the sale of American dental instruments in Russia, but it did not appear that he had made any sales. The decision of the embassy was approved. Mr. Day, Sec. of State, to Mr. Hitchcock, amb. to Russia, June 23, 1898, M., a citizen of the United States, resided for years in Moscow, engaged in the practice of dentistry. In time he ostensibly became the agent of an American gun company and an American clock company. On the ground that these agencies were a cloak under which to evade the rule as to the effect of permanent foreign residence, it was decided not to renew his passport unless he should give "conclusive evidence of a real intent, supported by acts, to return to the United States, there to reside and perform the duties of citizenship." Mr. Day, Sec. of State, to Mr. Hitchcock, ambassador to Russia, June 23, See, in relation to this case, Mr. Adee, Second Assist. Sec. of State, to The Department of State, in its application of the rule requiring of an applicant for a passport, not indeed "a statement of a fixed date of return, but the manifestation of a fixed intention to return, within some reasonable time, which intention shall not be conspicuously negatived by the circumstances of the foreign domicil of the claimant," is always well disposed towards those Americans, whether by birth or naturalization, who sojourn abroad in representation of American commercial interests." Mr. Hay, Sec. of State, to Mr. White, chargé at London, No. 1095, Feb. 23, 1899, MS. Inst. Gr. Br. XXXIII. 97. 8. MISSIONARIES. The Rev. Hugo Praessar was born in Germany in 1833, emigrated to the United States in 1868, and was naturalized in September, 1876. Three days later he obtained a passport and went to Europe. He subsequently paid several visits to the United States, on one occasion remaining more than two years. He last left the United States in 1883. His occupation was that of a missionary priest. In 1889 he applied to the American legation in Vienna for a passport, stating that it was his purpose to take charge of a convent in Roumania for the larger part of the next two years, and then to return to the United States. The Department of State said: "It is thought that the absence of Mr. Praessar from the United States is satisfactorily explained on grounds consistent with the retention by him of the |