Mr. Hardy to Mr. Hay.
Berne, February 13, 1902.
Sir: I have the honor to inclose herewith the application of Miss Helena Pecare for a passport received from the consular agent at Vevey, Mr. Cuenod, in November last, during my absence on leave. The consul-general preferred not to grant same, and held the papers until my return.
The application was renewed in January last, and I extract from my letter of January 22 to Mr. Cuenod so much as refers to this case, viz:
I have the honor to acknowledge the receipt of the application of Helena Pecare for a passport, together with the naturalization certificate of her father and three other documents. It appears that the applicant was born abroad and has never been in the United States, although now over 32 years of age. Before this application can be acted upon it will be necessary that the legation should be assured that the applicant has, since her majority, definitely elected to retain the citizenship conferred upon her by the naturalization of her father and that she really intends to go to the United States, there to reside and perform the duties of a citizen. If able to make such declarations under oath, you will attach them to the application in the form of an affidavit, and, I need not add, satisfy yourself that she fully understands the nature of the requirements and of her statement under oath. The papers above referred to are herewith returned.
In reply to the above letter, which sets forth the grounds on which the issue of a passport was temporarily refused, Miss Pecare makes the following statement:
I can confirm under oath that since my majority I have definitely elected to retain the citizenship of the United States, as it has been my late father’s dearest wish and the reason why he was married only by the American consul instead of also under German law. But I can not say under oath that I go to America, it is my intention to go in spring. My brother awaits me at Naples in April. His movements are often so unsettled and we have a sister in Europe who is ill. If you must refuse my application I shall be very grieved. I did hope that the children of an American citizen had a right to citizenship somewhere. If you can not give me the passport, could you kindly give me a paper to say that my father has been an American and that as his daughter I, too, belong to America?
The fact that Miss Pecare allowed eleven years to pass after attaining her majority before taking any steps toward claiming American citizenship, that she has resided continuously abroad thirty-two years without visiting the United States, i. e., since her birth in Frankfort, and that she can not declare under oath her intention to go there to reside, has led me to decline to issue her a passport, and I have the honor to ask for the approval of the Department in so doing.
While the applicant declares intention to go to the United States [Page 969] within two years, I am satisfied, as was the consul-general, that there is no such intent as is contemplated by the regulations.
If so instructed by the Department a passport can be issued with the warning that it will not be renewed on its expiration if the applicant remains abroad. Miss Pecare is, however, leaving Switzerland, and as a proviso such as the above-mentioned does not appear on the passport, it would probably be easy to secure a renewal elsewhere.
I have, etc.