Mr. Blaine to Mr. Phelps.

No. 412.]

Sir: I have received your No. 418, of the 8th ultimo, respecting an application for a passport made by Ludwig Henckel, who states he was born in St. Louis, Mo., January 10, 1874. He was taken in 1875 to Venezuela by his father, who claims to have previously declared his intention to become a citizen of the United States, and who, on January 13, 1882, was appointed consular agent of the United States at San Cristobal, Venezuela. After thirty years’ absence, the father returned to Hanover, his native city, taking the son with him. The latter, [Page 190] it appears, is now serving an apprenticeship at Hamburg, and at its expiration, three years hence, “declares it to be his intention to return to America to reside.”

Notwithstanding the alienage of the father the son is by birth a citizen of the United States. His absence from the country during minority and while under the control of his father should not be counted too strongly against him, especially in view of the fact that he declares his intention of returning to this country to reside after the completion of his apprenticeship. If he will take the necessary oath to that effect he would seem to come substantially within this rule and a passport may be issued to him. In issuing him a passport, however, it is proper that the legation should inform him that it does not guarantee him against any claim which may be asserted to his allegiance or service by the Government of Germany while he remains in that country. Having been born of a German father, conflicting claims with respect thereto may arise, which it is not the purpose of this Government by the issuance of a passport to in anywise prejudice.

I am, sir, etc.,

James G. Blaine.