Mr. Gresham to Mr. Runyon.

No. 169.]

Sir: I inclose a copy of a letter addressed to this Department by Mr. Julius Hess, who alleges that he is a naturalized American citizen, and who states that his application to your embassy for a passport was refused; also a copy of the Department’s reply.

Your embassy appears, according to Mr. Hess’s statement, to have acted in accordance with our long-established rule that the applicant for a passport must produce evidence to show his intention to return to and reside in the United States.

The Department has, however, admitted occasional exceptions to this rule where sound public policy seemed to warrant them. Our legations have been authorized to issue passports to missionaries in foreign lands, whose residence there was continuous and practically permanent, and who could not allege any definite intention of returning to and residing in the United States. An exception has also been made in the case of agents of American business houses who are engaged in foreign lands in promoting trade with the United States. (See Wharton’s International Law Digest, vol. ii, pp. 369, 370.)

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In view of the statements of Mr. Hesss letter, it may be that his case may fall under the second exception. The Department has, therefore, suggested to him that he apply again to your embassy, stating fully the nature of his employment and its relations with the trade of this country. If the facts appear to warrant the inclusion of the case in the second class of exceptions, the Department is of the opinion that, in view of Mr. Hess’s express declaration of his desire to preserve his American nationality, a passport may be issued to him.

I am, sir, etc.,

W. Q. Gresham.