Mr. Sherman to Mr. Storer.
Washington, November 10, 1897.
Sir: Your No. 43, of the 26th ultimo, presents anew the case of Mrs. Marie Klugmann, and, on the grounds therein advanced, inquires whether the Department may not review its instruction to your predecessor, No. 150, of July 15, 1895, and permit the issuance to Mrs. Klugmann of the passport she needs in order to go to Russia, there to rejoin her husband and children, with a view to the return of the family to the United States in March next, as she states it is their intention to do.
The case presents embarrassing features. Both the son, Adolph Klugmann, and the wife, Marie, are declared in the applications upon which Mr. Ewing granted them separate passports April 1, 1895, to have been born in Russia, the son at Saratoff and the wife at St. Petersburg. The given name of the husband is not stated, and nothing is reported by you regarding him save that he would seem to have quitted the United States soon after his naturalization and is now residing in Russia.
There are on file in this Department the oaths of allegiance upon which separate passports were issued September 5, 1883, to Jacob Klugmann and Marie Klugmann by the United States legation at St. Petersburg, but as the regulations did not then require the transmission of duplicate applications to the Department the facts upon which those passports were granted can not now be ascertained, unless from that legation.
There are also on file applications upon which passports Nos. 1334 and 1335 were issued by the United States legation at Berlin December 10, 1891, to Jacob Klugmann and Marie Klugmann, respectively, in lieu of the previous passports issued at St. Petersburg September 5, 1883. Jacob Klugmann therein declares birth at Tilsit, Germany, naturalization at New York October 20, 1868; last departure from New York in 1871, residence at St. Petersburg, and purpose to return to the United States within two years. His wife also declares like intent in the separate application. She does not allege to have ever been in the United States, and the application of the son, Adolph, in 1895, indicates the domicile of his parents in Russia, at Saratoff, as early as February 7, 1875, when he was born.
The right of Mrs. Klugmann to protection depends upon the like right of her husband. On the face of the known facts he, a naturalized citizen, has for twenty-six years withdrawn himself from the country of his adoption and resided for most of that time in the country of his wife’s origin. His last passport, obtained in 1891 through another [Page 32] legation than in the country of his residence, swears to the intent to return to the United States within two years, which he has not done, although six years have since elapsed. It would require very positive proof of fact to overcome the presumption that Jacob Klugmann has long abandoned the right to protection while residing abroad. If his application were under consideration on the stated facts a passport would be refused.
The foreign-born wife can only claim protection through her husband’s citizenship. It seems she has never been in the United States and can claim no independent status as a citizen, notwithstanding what appears to have been her systematic procurement of separate passports at various missions outside of Russia, in each of which instances a purpose to come to the United States within two years is declared on oath.
The case of the son, Adolph, is somewhat different. If it be established that at the date of his birth in Russia, February 7, 1875, his father, Jacob, was still a citizen in good standing, and as such entitled to protection, Adolph Klugmann’s case may, and probably does, fall under the provisions of section 1993, Revised Statutes, and although he has passed his majority by nearly two years, he might be granted a passport to enable him to come within the immediate future to the United States, here to reside and fulfill the obligations of a citizen. If now in Russia, his application should be made to the United States minister at St. Petersburg, to whom copy of the correspondence in this case will be sent for information.
If Jacob Klugmann, the husband, should make application to the legation at St. Petersburg and establish facts in his favor to overcome the adverse presumptions created by the circumstances of his prolonged residence abroad, the issuance of a passport to him would include his wife in the title to protection. But unless the status and right of the husband be so established the Department can not authorize the issuance of a fresh passport to the wife, Marie Klugmann.
Respectfully yours,