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United States Department of State / Index to the executive documents of the House of Representatives for the second session of the fiftieth Congress, 1888-'90

Switzerland,   pp. 1496-1545 PDF (23.3 MB)

Page 1496

                                No. 1019.
                     Mr. Winchester to Mr. Bayard.
 No. 159.J                 LEGATION OF THE UNITED STATES,
                      Berne, October 4, 1887. (Received October 15.)
    Sim: On the 26th ultimo, in my dispatch No. 154, the case of Mr.
 Nathan Seligman, involving his right to a passport, was referred to the
 Department. Therein it was explained that, feeling constrained to
 issue Mr. Seligman a passport, from the "unequivocal declaration of
 positive intent to return to the United States" made in his application,
 the reference was made more for the purpose of guidance in future
 cases of the same general character, many of which were known to
 exist in Switzerland, and presenting the identical question of continu-
 ous residence abroad as partners or agents of American business houses.
 The legation is to-day in receipt of an application, through the St. Galle
 consulate, from Mr. Solomon M. Pollock, for a passport, which is with-
 out the saving clause of Mr. Seligman's, and presents the question
 squarely and fully. Mr. Pollock does not make any "1unequivocal decla-
 ration of positive intent to return." His application contains this
 ration as to return, "Perhaps shortly, and perhaps not for a few years."
 This is supplemented by a written statement from Mr. Pollock, explain-
 ing why he was unable to make a more definite declaration as to his
 return to the United btates. Mr. Pollock states that he has been sent
 out here by the firm of Leon, Levy & Bros., of New York and San
 Francisco, as their agent, to attend to the purchase and manufacture
 (the emphasis of manufacture is mine, as having an important bearing)
 of embroideries. He adds:
 I have been here over four years to do their business. I am at their disposal;
 not know when they will call me back. This may occur the next six months
 may not happen for years to come; but I do hereby declare, that whenever
I am called
 back I shall be a loyal citizen and assume the duties as such.
 As this case presents the question upon which instruction was desired
 in the best possible form, it has been deemed best to decline granting
 Mr. Pollock a passport until the opinion of the Department can be ob-
 The legation is not unmindful of the instruction of the Department
 to Mr. Roberts, the American minister to Chili, published in the "In-
 ternational Law Digest," volume ii, section 176, pages 369, 370, appar-
 ently covering the principle involved, but has not felt satisfied that the
cases in Switzerland, fully stated in my dispatch INo. 154 and illustrated
by those of Messrs. Seligman and Pollock, possessed the same features
either of" public policy" or of "1 international law."

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