lation of a note from the Swiss Government, dated May 31, informing me of its decision to accept the denunciation of the Articles VIII to XII of the treaty of November 25, 1850, between the United States and Switzerland. I have, etc., [Inclosure. -Translation.] JOHN G. A. LEISHMAN. BERNE, May 31, 1899. MR. MINISTER: In reply to Your Excellency's note of March 23, last, we have the honor to inform you that we have decided to accept the denunciation of the Articles VIII to XII of the Treaty of Establishment and of Commerce concluded between Switzerland and the United States on November 25, 1850. The denunciation having taken place on the 23d of March of this year, these articles, in conformity with Article XVIII of the treaty, remain in force twelve months after the denunciation-that is, till 23d March, 1900. Please accept, Mr. Minister, etc., In the name of the Swiss Federal Council. The President of the Confederation: The Chancellor of the Confederation: MULLER. RINGIER. PASSPORT FOR JULES MICHOT, PRESUMABLY BORN IN THE UNITED STATES AND RESIDING TEMPORARILY IN SWITZERLAND. No. 155.] Mr. Leishman to Mr. Hay. UNITED STATES LEGATION, Berne, Switzerland, June 14, 1899. SIR: I beg leave to lay before you an application for passport of Jules Michot, claiming to be a native-born citizen of the United States, together with the correspondence with Consul Ridgely with regard to the matter, and await your decision and instructions in the case. I have, etc., [Inclosure 1.] JOHN G. A. LEISHMAN. NATIVE. I, Jules Michot, a native and loyal citizen of the United States, do hereby apply to the legation of the United States at Berne for a passport for myself. In support of the above application I do solemnly swear that I was born at Philadelphia, in the State of Pennsylvania, on or about the day of October, 1878. That I do not know who my father was or whether he be alive or dead; indeed, I know nothing about my origin further than I have learned from the facts set forth in the accompanying record of the court of common pleas No. 3 of Philadelphia. I was brought from Philadelphia to Switzerland by my adopted mother, Rosalie Michot, whom I believe to be my own mother, in 1891, and since the month of July, 1891, I have lived in Geneva, where I am now learning the trade of a confectioner. Rosalie Michot having married and left this country for Australia, where she is now living, I am without parents or relatives at Geneva and desire to establish my identity as a native-born citizen of the United States, to which country I declare it to be my intention to return within two years with the purpose of residing and performing the duties of citizenship therein, and that I desire the passport for the purpose of establishing my identity as a native-born citizen of the United States. OATH OF ALLEGIANCE. Further, I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same, and that I take this obligation freely, without any mental reservation or purpose of evasion. So help me God. JULES MICHOT. CONSULATE OF THE UNITED STATES AT GENEVA. Sworn to before me this 18th day of May, 1899. BENJ. R. RIDGELY, Consul. [Inclosure 2.] To the honorable the judges of the court of common pleas No. 3 of Philadelphia County: The petition of Rosalie Michot, of the said county, respectfully represents that she is desirous of adopting a boy called Jules Michot, a child without known parents, as one of her heirs, and for that purpose she herein declares her said desire, and also that she will perform all the duties of a parent to the said Jules Michot. The petitioner further represents that the said boy was given to her on the 10th of January, 1879, at a station between Philadelphia and New York, the name of said station being unknown to your petitioner; that the age of the child at this said time was about three months; that every effort has been made by your petitioner to find the parents of the said child, and that these efforts have been unsuccessful. That the said child has resided with your petitioner and been supported and cared for as her own child since the said 10th day of January, 1879. The petitioner therefore prays the court, if satisfied that the welfare of the child known as Jules Michot will be promoted by said adoption, your petitioner being the next friend of said child, to decree that the said child known as Jules Michot may assume the name of the petitioner, namely, of Jules Michot, and have all the rights of a child and heir of the petitioner and be subject to the duties of such a child. And she will ever pray. Rosalie Michot, being duly sworn according to law, deposes and says that the facts above are true to the best of her information and bellef. Sworn and subscribed this 8th day of October, A. D. 1891. Michot. [SEAL.] (Signed) Rosalie J. M. R. JERMON, Notary Public. And now, to wit, October 10, 1891, upon the petition of Rosalie Michot, and it appearing that Jules Michot, the child therein mentioned, has been supported by the said Rosalie Michot for the space of eleven years, and the said Rosalie Michot being the next friend of said child, and the court being satisfied upon due consideration that the welfare of the said Jules Michot would be promoted by being adopted as her child and one of her heirs, decree that the said child shall assume the name of Jules Michot, and have all the rights of a child and heir of the said Rosalie Michot and be subject to the duties of a child. T. K. FINLETTER. [Inclosure 3.] THE COMMONWEALTH OF PENNSYLVANIA, County of Philadelphia, ss: 1, M. Russell Thayer, esquire. prothonotary of the several courts of common pleas, numbers one, two, three, and four, respectively, of the county of Philadelphia, do certify that the foregoing is a true copy of the petition and consent of Rosalie Michot, next friend of Jules Michot, for adoption and the decree of the court that said Jules Michot be adopted and assume the name and be subject of the duties of a child of said Rosalie Michot, of September term. 1891, number 203. as full, entire, and complete as the same remains on file in the court of common pleas No. 3, of the county of Philadelphia aforesaid, in the case above stated. In testimony whereof I have hereunto set my hand and affixed the seal of the said courts this eighth day of March, in the year of our Lord one thousand eight hundred and ninety-nine (1899). M. RUSSELL THAYER, Prothonotary. COUNTY OF PHILADELPHIA, SS: I, T. K. Finletter, presiding judge of the court of common pleas No. 3 for the county of Philadelphia, do certify that the foregoing record, certificate, and attestation, made by M. Russell Thayer, esquire, prothonotary of the said court, whose name is thereunto subscribed and the seal of the said court affixed, are in due form and made by the proper officer. In testimony whereof I have hereunto set my hand this 8th day of March in the year of our Lord one thousand eight hundred and ninety-nine (1899). T. K. FINLETTER, President Judge Court of Common Pleas No. 3. [Inclosure 4.] Mr. Ridgely to Mr. Leishman. CONSULATE OF THE UNITED STATES OF AMERICA, SIR: I have the honor to inclose herewith the application of Jules Michot, a native citizen of the United States, for a passport for himself, and beg you to take his case into consideration at your earliest convenience. In my opinion, the young man is a native citizen of the United States and is entitled to a passport. I myself wrote to Philadelphia for proof of his origin and secured the extract from the record of the court of common pleas No. 3, which I inclose herewith. He is a poor little fellow, but seems to be full of spirit and pluck, and I hope you will take a favorable view of his application. I am, etc., BENJAMIN H. RIDGELY, Consul. [Inclosure No. 5.] Mr. Leishman to Mr. Ridgely. UNITED STATES LEGATION, Berne, Switzerland, June 5, 1899. SIR: Replying to your letter of 3d instant, inclosing an application of Jules Michot, I regret to say that unless the young man can furnish additional evidence in regard to the place of his birth I would not feel warranted in issuing a passport to him without first submitting the matter to the Department of State. Of course I appreciate the difficulty of the young man in obtaining the information under the circumstances stated in the petition, but while it may be a fair presumption that a child fround on the train between Philadelphia and New York at the tender age of 3 months was born in the United States it is not at all conclusive, especially as there is nothing to show that either the father or the mother were citizens of the United States. Young Michot is still under age and consequently can not be called upon to do military service in Switzerland for some months to come, so that he can not be inconvenienced very much by the delay, and if you are satisfied from your personal examination that the young man is really honest and sincere in his desire to return to the United States within a reasonable length of time I will submit the matter to the Department for decision. Regretting that I can not see my way at present to grant the application, I am, etc., [Inclosure No. 6.] Mr. Ridgely to Mr. Leishman. JOHN G. A. LEISHMAN. CONSULAR SERVICE, UNITED STATES OF AMERICA, SIR: Replying to yours of the 5th instant relative to the application of Jules Michot for passport, I have the honor to request that you submit the application, together with my letter and the record of the court, to the Department of State as you kindly propose to do in your communication above referred to. The young man has in him the feeling and spirit of a native-born American boy and is sincere in his desire to return to the United States. I am, etc., BENJ. H. RIDGELY, Consul. [Inclosure No. 7.] Mr. Leishman to Mr. Ridgely. UNITED STATES LEGATION, Berne, Switzerland, June 13, 1899. SIR: I am in receipt of your favor of the 9th instant, and in compliance with your request I will submit the application of Jules Michot, together with the papers in connection with the case, to the Department of State for decision. Yours, etc., No. 178.] JOHN G. A. LEISHMAN. Mr. Hay to Mr. Leishman. DEPARTMENT OF STATE, SIR: I have to inform you that your dispatch, No. 155, of the 14th ultimo, submitting to the Department for its decision the application of Mr. Jules Michot for a passport as an American citizen, has been received. The nationality of the mother not being determinable in this case, since she is, like the father, an absolutely unknown quantity, the only question is, Was the applicant born in the United States? If he was, he is a citizen by right, and is, under our practice, entitled to our protection during his minority, wherever he may be, since no act of the parents or of anyone else can deprive him of the right conferred upon him by his birth. The woman's petition to the court of common pleas No. 3, at Philadelphia, was so far accepted by the court that it granted her prayer and gave her the child in adoption. She swore that it had been left with her near Philadelphia when it was about three months old, and that she knew nothing of its parentage or place of birth. The applicant himself, however, thinks this woman is really his mother. This opinion, based upon years of filial association with her, is probably correct; but it is only an opinion, and need not disturb the presumption that the child was born in the country where its existence first became known. The applicant himself has always been led to believe that he was born in Philadelphia, and has taken oath accordingly. At any rate, your desire for additional evidence in regard to the place of birth is one palpably impossible of gratification. There can not be a record of the birth, as the child was either a foundling or the birth was concealed. The woman is on record as swearing her ignorance on the subject. The circumstances being as set forth in the papers, there would seem to be no escape from the presumption that the child was born in the United States and should accordingly be granted a passport. I am, etc., JOHN HAY. PASSPORT APPLICATION OF EDWARD KLIPFEL, A NATURALIZED CITIZEN, WHO STATES THAT HE HAS NO INTENTION OF RETURNING TO THE UNITED STATES. No. 157.] Mr. Leishman to Mr. Hay. UNITED STATES LEGATION, Berne, Switzerland, June 19, 1899. SIR: I beg leave to inclose herewith the application of Edward Klipfel, a naturalized citizen of the United States, who states in his application that he has no intention of returning to the land of his doption, in which case, under ordinary circumstances and according to the rules of the Department, I would feel compelled to refuse a passport; but as Mr. Klipfel resided sixteen years in the United States, having only left last June, and as his three minor children are nativeborn citizens, I deem it best to refer the case for your decision and await your further instructions in the matter. I have, etc., JOHN G. A. LEISHMAN. No. 177.] Mr. Hay to Mr. Leishman. DEPARTMENT OF STATE, SIR: I have to inform you that your dispatch No. 157, of the 19th ultimo, in regard to the application of Edward Klipfel for a passport, has been received. In view of Mr. Klipfel's sworn statement that he has "no idea of returning to the United States," it is clear that he can not properly receive a passport. The Department's position on this point is well established and should be adhered to. He can not expect to receive the protection that a passport affords when he manifests no intention of performing the duties of a citizen of the United States. But this act of his does not deprive his children, who were born in this country and have been taken away by him, of their right to our protection until they reach their majority and may elect an allegiance of their own; and if you should be called upon to do so, you should recognize them as citizens of the United States. I am, etc., JOHN HAY. PASSPORTS TO ELISE AND EMMA BERNOT, INFANTS, BORN IN UNITED STATES OF ALIEN PARENTS. Mr. Leishman to Mr. Hay. No. 170.] UNITED STATES LEGATION, Berne, Switzerland, October 6, 1899. SIR: I beg leave to submit the question of the propriety of issuing a passport to Elise and Emma Bernot, aged 7 and 5 years, respectively. These children, according to certificates issued by the board of health of Hoboken, N. J., were born in the United States of alien I Not printed. |