Mr. Bayard to Mr. Winchester.
Washington, November 28, 1885.
Sir: Your No. 24, in regard to the request of Richard Greisser for a passport, has been received. In reply, I have to say that on general principles of international law I do not consider that Richard Greisser is a citizen of the United States. He was, it is true, born in 1867 in the State of Ohio. His father, however, was at that time a German subject, and, so far as we can gather from the facts stated, domiciled in [Page 815] Germany. The son, therefore, so far as concerns his international relations, was at the time of his birth of the same nationality as his father. Had he remained in this country till he was of full age and then elected an American nationality, he would on the same general principles of international law be now clothed with American nationality. But so far from this being the case, he left this country with his mother when he was under two years old, apparently joining the father in Germany, to which country the latter had previously returned, and then, after his father’s death, moved with his mother to Switzerland. His technical nationality and domicile would, therefore, during his minority and his father’s life, be in Germany, and afterwards in Switzerland.
It does not follow, however, that though on general principles of international law his nationality and domicile are in Germany, he may not in this country by force of our special legislation be a citizen of the United States and as such entitled to a passport. We have in the naturalization legislation of modern civilized states numerous illustrations of the rule that, the law of nations, as to particular matters, may be, as to such particular countries, either expanded or contracted by local legislation, and we have, therefore, to inquire how far the rule above stated is affected by the legislation of the United States.
By section 1992, Revised Statutes, enacted in 3866—
All persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.
By the fourteenth amendment of the Constitution of the United States, ratified in 1868—
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State in which they reside.
Richard Greisser was no doubt born in the United States, but he was on his birth “subject to a foreign power” and “not subject to the jurisdiction of the United States.” He was not, therefore, under the statute and the Constitution a citizen of the United States by birth; and it is not pretended that he has any other title to citizenship.
I am, &c.,